Milpitas Municipal Code Ch. 1 Code Administration

Footnotes:

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Editor's note— Ord. No. 65.147, § 3, adopted December 3, 2019, amended the Code by repealing former Ch. 1, §§ II-1-1—II-1-29, and adding a new Ch. 1. Former Ch. 1 pertained to the Building Administration Code, and derived from Ord. No. 65.145, adopted November 15, 2016, and Ord. No. 301, adopted August 20, 2019.

The purpose of this Chapter is to provide for the administration and enforcement of codes and municipal ordinances within the Milpitas Municipal Code, Title II. For each code adopted by reference in Title II, the administration chapter of each code provides for the code's scope and administration and is hereby adopted, unless specific sections for the administration and enforcement of the codes are provided under this Chapter. Collectively with the sections in this Chapter, they provide for the administration and enforcement of the codes and municipal ordinances in Title II.

(Ord. No. 65.147, § 3, 12/3/19)

For the administration of Title II, the following definition applies:

HILLSIDE as used in this Title is defined as all property east of North Park Victoria Drive, Evans Road, and Piedmont Road.

(Ord. No. 65.147, § 3, 12/3/19)

All building or structures regulated by this title that are structurally inadequate or have inadequate means of egress, or inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life, for the purpose of this section shall be deemed in unsafe condition.

Building service equipment regulated by such codes, which constitute a fire, electrical or health hazard, or an unsanitary condition, or is otherwise dangerous to human life, for the purpose of this section, shall be deemed unsafe. Any use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment, for the purpose of this section, shall be deemed an unsafe use.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages.

Unsafe buildings, structures or appendages and building service equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the latest edition of the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedures as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action as permitted by law to prevent, restrain, correct or abate the violation.

(Ord. No. 65.147, § 3, 12/3/19)

If an inspection shows a building or structure or portion thereof to be "Unsafe" as defined herein, the Building Official shall give the owner of said building or structure written notice stating the defects thereof. Said notice may order the correction or abatement thereof by demolition, closing or repair within ninety days of the date said notice is given or such additional time as the Building Official may allow. If, in the opinion of the Building Official, such conditions can be corrected or abated by repair, the notice shall state the repair required. Notice hereunder may also be given to any mortgagee or beneficiary under any deed of trust of record.

(Ord. No. 65.147, § 3, 12/3/19)

Every building which the Building Official causes to be vacated because of an immediate danger or hazard may be posted at each entrance with a notice which states: "Do Not Enter: Unsafe to Occupy: It is a misdemeanor to occupy the building or remove or deface the notice. Office of Building Safety, City of Milpitas." Such notice may remain posted until the required repairs, improvements, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official, and all persons shall forthwith vacate said building and no person shall enter the building except for the purpose of making the required repairs, improvements, demolition or removal of the building.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.147, § 3, 12/3/19)

The Building Official or his/her authorized representative shall have the authority to disconnect any utility service or energy supplied to the building, structure or building service equipment therein regulated by this Title in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

This Title shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the City of Milpitas be held to have assumed any such liability by reasons of the inspections authorized by this Title.

(Ord. No. 65.147, § 3, 12/3/19)

Whenever the Building Official ascertains that any building service equipment regulated in the codes has become hazardous to life, health, or property, or has become unsanitary, he/she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore will be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building service equipment is maintained in violation of the codes and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action as permitted by law to prevent, restrain, correct or abate the violation.

(Ord. No. 65.147, § 3, 12/3/19)

No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

(Ord. No. 65.147, § 3, 12/3/19)

No Building or Occupancy Permit shall be issued for any building or structure unless and until:

1. All conditions imposed thereon or in connection with any development or subdivision of which it is a part (and which affect said building or structure) by the Milpitas Planning Commission or Milpitas City Council have been complied with;

2. Said building or structure and any development or subdivision of which it is a part shall be in compliance with all ordinances and statutes affecting said building or structure, development or subdivision.

(Ord. No. 65.147, § 3, 12/3/19)

Without limitation to the generality of any provision of the Milpitas Municipal Code, the duties imposed by this Title upon the Building Official, or his/her authorized representatives are discretionary and not mandatory. Neither said Official nor his/her representatives shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his/her duties.

The City of Milpitas, its officers or employees shall not be held to have assumed any liability by reason of the inspections authorized by such codes or approvals issued under such codes.

This Title shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure to any damages to persons or property caused by defects, nor shall the City of Milpitas be held as assuming any liability by reasons of the inspections authorized by this Title.

(Ord. No. 65.147, § 3, 12/3/19)

Any aggrieved person may request an informal hearing before the Building Official or his/her designee, with respect to any action taken or to be taken under the provisions of this section. Said request shall be in writing and said hearing shall be held within 2 working days of receipt of the request provided a request for a hearing shall not stay the operation of the Building Official's order unless the Building Official shall so order.

(Ord. No. 65.147, § 3, 12/3/19)

Appeals may be had under this Chapter, pursuant to the provisions of Section 5 of Chapter 20 of Title I - Standard Procedures Chapter of the Milpitas Municipal Code. An appeal shall stay all proceedings in furtherance of the act or decision appealed unless the Building Official whose act is appealed shall certify in writing that a stay would in his opinion cause peril to life or property. Said certificate shall contain a detailed statement of the facts out of which said peril arises and of the reasons for said opinion.

(Ord. No. 65.147, § 3, 12/3/19)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building structure, building service equipment, or cause or permit the same to be done in violation of this Title.

(Ord. No. 65.147, § 3, 12/3/19)

Whenever the Building Official has knowledge of a violation of the provisions of any Chapter of Title II of the Milpitas Municipal Code or any of the codes or appendices incorporated in any of the Chapters of said Title, or the provisions of Chapter 300, Title V of the Milpitas Municipal Code, or of the California Fire Code, California Fire Code Appendices and California Fire Code Standards adopted therein, or the State Housing Law in California Health and Safety Code, the Building Official may issue a Notice of Intent to record a Notice of Code Violation to the owner of the land where the violation is located. Notice shall be given to the owner at the address shown on the latest equalized assessment roll of the County of Santa Clara, California, or as is known to the City of Milpitas by posting on the property itself and by personal service or by certified mail, postage prepaid, and with return receipt requested.

Notice by mail may also be given (but shall not be required to be given) to any other owner of any interest in said land as may be known to the Building Official. The notice shall state that within 20 days of the date of notice, the owner may request a hearing with the Building Official to present evidence that a violation does not exist.

(Ord. No. 65.147, § 3, 12/3/19)

Following a hearing and after consideration of the evidence presented, if the Building Official determines that a code violation in fact exists, the Building Official shall give notice either by personal service or by certified mail, postage prepaid and return receipt requested, to the owner at the address shown on the latest equalized assessment roll of the County of Santa Clara, California, or as is known to the City of Milpitas that if the violation is not corrected within 45 days of the date of personal service or mailing, or within such time as deemed appropriate by the Building Official, the Building Official shall record a Notice of Code Violation in the Office of the County Recorder of Santa Clara County, California. Unless an appeal from the Building Official's decision is filed, the Building Official shall record said notice of code violation after 45 days.

If no hearing was requested under Section II-1-5.02 and the violation continues, the Building Official shall inform the owner by personal service or certified mail that a notice of code violation shall be recorded with the County Recorder or Santa Clara County in 45 days. Unless presented with proof of complete correction, the Building Official shall record said notice of code violation after 45 days.

(Ord. No. 65.147, § 3, 12/3/19)

Any person who intentionally, accidentally or negligently violates any provision of this Title, any written authority of the Building Official or the City Manager or his or her duly authorized agents and representatives, or any provision of any permit issued pursuant to this Code may be civilly liable to the City in the sum of not less than $100.00 but not to exceed $1,000 per day for each day in which such violation occurs or continues. The City may petition the Superior Court to impose, assess, and recover such sums. The civil penalty provided in this Section excludes inspection costs and abatement costs, is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances.

(Ord. No. 65.147, § 3, 12/3/19)

The erection, construction, enlarging, equipping, use, height, altering, repairing, moving, removing, conversing, demolishing, improving, occupying or maintaining of buildings or structures or the installation, alteration or repair of electrical wiring, devices, appliances, equipment, systems, or facilities, or the installation, alteration or repair of plumbing or drainage lines, equipment, systems or facilities, or the use, design, installation, alteration, repair and replacement of heating and comfort cooling equipment contrary to the provisions of this Title is unlawful and the same is hereby declared to be a public nuisance.

(Ord. No. 65.147, § 3, 12/3/19)

The remedies and penalties provided for by this Chapter shall be cumulative, and not exclusive, and shall be in addition to such other remedies or penalties as are provided.

(Ord. No. 65.147, § 3, 12/3/19)

The application, construction documents, specifications, computations and other data, filed by an applicant for permit shall be reviewed by the Building Official. Such documents may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the construction documents, specifications and other data filed therewith conform to the requirements of this Title and other pertinent laws and ordinances, and that the fees specified have been paid, the Building Official shall issue a permit therefore to the applicant.

The Building Official shall endorse in writing or stamp the required construction documents and specifications. Such approved construction documents and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this Title shall be done in accordance with approved plans.

The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire construction documents and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the codes. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will be granted.

(Ord. No. 65.147, § 3, 12/3/19)

One set of approved construction documents and computations shall be retained by the Building Official for a period of not less than 180 days from the date of completion of the permitted work covered therein; and one set of approved construction documents shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

(Ord. No. 65.147, § 3, 12/3/19)

The issuance of a permit or approval of construction documents, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Title, or any other ordinance of the jurisdiction. Permit presuming to give authority to violate or cancel the provisions of the codes shall not be valid.

The issuance of a permit based upon construction documents, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said construction documents, specifications and other data, or from preventing building operations being carried on there under when in violation of this Title or of any other ordinances of this jurisdiction.

(Ord. No. 65.147, § 3, 12/3/19)

Every permit issued by the Building Official under the provisions of this Title shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced or an inspection made within 12 months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents and specifications for such work; and provided further that such suspension or abandonment has not exceeded 360 days. If the suspension or abandonment exceeds 360 days, the permittee shall pay a new full permit fee for the issuance of a permit.

Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit. Requests must be in writing and demonstrate that an extension is warranted because of circumstances beyond the control of the permittee. The Building Official may grant one or more extensions of time for periods not exceeding 180 days each. No permit shall be extended more than three times.

(Ord. No. 65.147, § 3, 12/3/19)

The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Title whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Title.

(Ord. No. 65.147, § 3, 12/3/19)

The fee for each permit shall be as set forth by resolution of the City Council.

(Ord. No. 65.147, § 3, 12/3/19)

When construction documents or other data are required to be submitted, a plan review fee shall be paid at the time of submitting construction documents and specifications for review. Said plan review fee shall be as set forth by resolution of the City Council.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee may be charged at the rate set by resolution of the City Council.

(Ord. No. 65.147, § 3, 12/3/19)

The Building Official may authorize the refunding of any fee paid hereunder when there are two permits for the same work (double permitting).

The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this title.

The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review is performed.

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 1 year after the date of fee payment.

(Ord. No. 65.147, § 3, 12/3/19)