Mountain View Municipal Code Art. V Code Compliance Inspection Permit

The city council hereby finds that intentional violations of public safety laws involving the construction and alteration of buildings within the city pose significant threats to the health, safety and welfare of individuals occupying or residing in the structures as well as the entire well-being of the city. The council finds that there are repeated circumstances throughout the city where construction has begun or been completed without permits, often intentionally, to circumvent state and local laws intended to protect the occupants and inhabitants of those structures. The council further finds that when these violations are discovered, gaining compliance consumes an inordinate amount of resources of city staff. Through this code compliance inspection permit procedure, the intentional violators of the laws will be required to secure a code compliance inspection permit which will serve as an umbrella permit for all of the necessary permits, inspections, investigations and approvals necessary to bring the particular property or structure into compliance with state and local law.

(Ord. No. 2.10, § 1, 1/12/10.)

a. A code compliance inspection permit shall be required in all of the following circumstances:

1. On nonresidential properties or in nonresidential structures where the structure or uses were constructed, altered, repaired or where work has been performed without necessary permits, including, but not limited to, building permits or permits required under Chapter 36 of the city code.

2. In all cases where permits were issued for the work, but the permits were either not finalized or work was done in violation of the permits.

3. In all situations where multiple permit violations occurred, including, but not limited to, multiple elements of construction, maintenance or repair work (e.g., electrical or plumbing, and/or structural, etc.) have occurred within a structure or on the real property.

b. Exclusions.

1. The following are excluded from the code compliance inspection permit requirement but not from the requirement to get necessary building permits or permits required by Chapter 36 or otherwise in the Mountain View City Code:

i. An owner-occupied residential structure where only one discrete building permit violation exists. This means that if the owner failed to secure an electrical permit for an improvement or a plumbing permit and only a single permit violation exists; or

ii. An owner-occupied residential structure or property where the permit violation exists outside of the structure and poses no immediate life safety danger to inhabitants of the structure or neighboring structure.

(Ord. No. 2.10, § 1, 1/12/10.)

In each case where a code compliance inspection permit is required by this article, the owner of the property shall secure such permit before being eligible to apply for required building or zoning permits. The applicant shall pay the required fees and deposits and shall secure a sign-off of the code compliance inspection permit within the time frame required in the permit. The code compliance inspection permit shall be good for up to six (6) months and may be extended by the applicant, if such extension is approved by the city.

(Ord. No. 2.10, § 1, 1/12/10.)

a. A code compliance inspection permit or building permit shall not be issued to legitimize construction, repair, maintenance or use activity which is not otherwise allowed by the city code. A code compliance inspection permit shall not be issued to allow for the reconstruction of nonconforming structures or the reinstallation or replacement of the major electrical, mechanical, structural or plumbing systems of that structure.

b. A code compliance inspection permit shall not be issued if it would extend the life of nonconforming uses or structures within the city.

c. No code compliance inspection permit shall be issued in violation of section 36.29 et seq. of the city code.

d. Code compliance inspection permits and building permits for nonconforming structures shall only be issued for allowable repair and maintenance of the nonconforming building or structure as required to keep it in a safe condition provided that no permit shall allow for structural alteration or the reinstallation or replacement of existing systems, such as electrical, plumbing, existing or structural changes, which would extend the life of the structure in violation of Chapter 36 of the city code.

(Ord. No. 2.10, § 1, 1/12/10.)

A deposit shall be required for the code compliance inspection permit and fees charged hourly for staff work on the permit. The hourly fee shall be set by council resolution. The deposit for securing the permit may be adjusted from time to time; however, all fees charged hourly on the permit shall be set by council resolution and charged against the deposit.

(Ord. No. 2.10, § 1, 1/12/10.)

The city manager may promulgate administrative guidelines or regulations implementing this article, violation of which shall be considered a violation of this article.

(Ord. No. 2.10, § 1, 1/12/10.)