Nevada County Municipal Code Ch. 2 Division II Administration Amendments

The Administrative Division II 2022 California Building Code as adopted by Section 14.01.040 is adopted with the following amendments.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

113.1 Building and Accessibility Standards Board of Appeals

A. In order to hear and decide appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of the provisions of the technical codes, there shall be, and is hereby, created a Building and Accessibility Standards Board of Appeals for the County of Nevada.

B. The Board may also rule on appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of State mandated energy regulations contained in Title 24, California Code of Regulations and requirements of the Historical Building Code.

C. The Board may also rule on appeals of discretionary orders, decisions or determinations made by the Building Official relative to the enforcement of the California Access to Public Accommodations by Physically Disabled Persons regulations (Cal. Health & Safety Code §§ 19955—19959.5).

D. The Board shall consist of seven (7) members who are qualified by experience and training to pass on matters pertaining to building construction, building service equipment and grading. Two (2) of the seven (7) members shall be physically disabled persons who are qualified by experience and training to pass on matters pertaining to California Disabled Access Regulations. Said Board members may not be employees of the County of Nevada. Each member of the County Board of Supervisors is entitled to appoint one (1) member who will serve at the pleasure of that Supervisor. The remaining two (2) Board members may be appointed by any member of the Board of the Supervisors. The members may be selected from the County at large without regard for Supervisorial District.

E. The Building Official shall be an ex officio member and serve as secretary to the Board but shall have no vote upon any matter before the Board.

F. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The Board may recommend new legislation or comment on proposed legislation relating to building construction to the Board of Supervisors.

G. The Board shall have no authority relative to interpretation of the administrative provisions of this Code nor shall it be empowered to waive any requirements of this Code or the technical codes. The written decision from the Board is final and conclusive.

H. Notwithstanding limitations in Subsection G, the Board may consider and authorize substitutions of materials, alternate methods, and types of construction to those specified in the Chapter governing "Building" of the Nevada County Code, provided that the material, method or work offered is, for the purpose intended, at least the equivalent of that specified in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The Board shall require sufficient evidence or proof be submitted to substantiate claims of equivalency and may require tests as proof of compliance at appellant's expense.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A. Maintenance of any building, structure or building service equipment, which was unlawful at the time it was constructed or installed, if constructed or installed after January 1, 1962, shall constitute a continuing violation of this Code and the technical codes.

B. Violations of any provisions of this Code and the technical codes shall constitute a public nuisance and said conditions may be abated in accordance with existing laws and ordinances.

C. The issuance of a building permit, septic system, water well, or other permit may be withheld for property on which a violation of the provisions of this Code and the technical codes exists, including work performed not in accordance with approved grading plans, until such violation has been corrected or mitigated. There shall be a connection between the violation and permit applied for.

D. The processing of a tentative tract map, parcel map, zoning change, lot line adjustment, or discretionary use permit may be withheld for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated.

E. CRIMINAL ENFORCEMENT. Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to mandatory fines of one hundred dollars ($100) for a first violation; five hundred dollars ($500) for a second violation of the same Section within a twelve-month (12) period; and one thousand dollars ($1,000) for a third or subsequent violation within a twelve-month (12) period. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

F. In addition to the provisions of the Subsections above, a notice of violation of this Code or the technical codes may be recorded in the office of the County Recorder. A notice of expungement of the notice of violation shall be recorded with the County Recorder when it is determined that a permit is not required, or all remedial work has been completed and approved.

G. NONEXCLUSIVE REMEDIES. The remedies provided herein are not exclusive and are in addition to any other remedy or penalty provided by law.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

1. One-story detached accessory structures without electrical, mechanical or plumbing not intended for habitation, provided the projected floor area does not exceed 200 square feet, with a maximum of two (2) foot eaves. One structure per parcel.

(Ord. 2515. (12/13/2022); Ord. 2473. (01/14/2020); Ord. 242., (12/13/2016); Ord. 2374. (01/14/2014); Ord. 2515. (12/06/2022); Ord. 2531. (10/24/2023))

1. Detached trellis or arbor, provided the projected roof area does not exceed 200 square feet.

2. Agricultural accessory structures, not intended for habitation, in zoning districts "AG," "AE," "RA," "FR" and "TPZ" that meet all of the following conditions:

a. Not a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public. High and low tunnel greenhouses may be used by employees only related to cultivation of crops.

b. Of simple construction using conventional construction methods (concrete, steel frame, masonry and other technologies that generally require engineering are not exempt) or specifically approved manufactured structures.

c. No plumbing, electrical, or mechanical utilities installed.

d. Structures must meet the following limits:

1. Pole Barns. Limited in size to 1,000 square feet maximum. One (1) pole barn per parcel or twenty (20) acres. Open from ground to eave on all sides. Distance to other structures must be equal to its height, minimum of twenty (20') feet. Minimum of 100 feet from property line.

2. Shade Structures. Cover limited to woven shade fabric.

3. Animal Husbandry. Limited in size to 400 square feet maximum. One (1) per five (5) acres. Single wall construction. Dirt floor or gravel. Distance to other structures minimum of ten (10') feet. Minimum of forty (40') feet from property line. Minimum of 100 feet from all domestic wells.

4. Pump Houses. Limited in size to 120 square feet.

5. Greenhouses. Limited in size to 400 square feet. One (1) structure per parcel or ten (10) acres. Wood or PVC construction with rigid plastic or fiberglass cover. Dirt or gravel floor.

6. Storage Containers. Limited in size to 320 square feet. One (1) container per parcel or five (5) acres. Container is used for light nonhazardous agricultural storage and shall not be structurally modified or have any electrical, mechanical or plumbing utilities.

7. High and low tunnel greenhouses meeting the following criterion:

• Easily moveable.

• Constructed of metal or plastic tubing and covered with agricultural cloth, plastic film, or shade screening.

• Exits are in compliance with the most recently adopted editions of the California Building and Fire Codes.

• Structures meet vegetation management clearance requirements in accordance with the most recently adopted edition of the California Fire Code and Cal. Pub. Res. Code § 4291.

• Setbacks and height limitations in accordance with Zoning Ordinances of the Nevada County Code.

i) Parcels three (3) acres or greater in size shall meet the following size and setback standards:

◦ 3,600 sq ft per acre maximum

◦ Thirty-Five (35') Feet in width maximum

◦ One story

◦ Five (5') feet separation between structures minimum

◦ Clustering of structures is allowed

ii) Parcels less than three (3) acres in size shall meet the following size and setback standards:

◦ 3,600 square foot maximum

◦ Thirty-Five (35') feet in width maximum

◦ One (1) story

◦ Five (5') feet separation between structures minimum if multiple are proposed

All structures require site plan review and approval and a letter of exemption issued by the Building Official and Planning Director.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Exemption from the permit requirements of this Section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes adopted by this jurisdiction or any other laws or ordinances of this jurisdiction including zoning setback requirements.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend time for action by the applicant for a period not exceeding ninety (90) days upon request by the applicant in writing showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than twice. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one year from the date of such permit or if the building or work authorized by such permit is suspended or abandoned for a period of one year at any time after the work is commenced. Before such work can be recommenced, the permit shall be renewed. The fee for renewal shall be a minimum of 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 plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one (1) year. In order to renew action on a permit after the building or work has been suspended or abandoned or the permit has been expired for a period exceeding one year, the permittee shall pay a new full permit fee, submit plans meeting minimum standards per the most recent adopted versions of the California Building Standards Codes and obtain a new building permit.

Permits deemed to have expired shall be subject to all permit related fee increases and new fees in effect at the time of permit renewal as applicable subject to the discretion of the Building Official. The Building Official shall have discretion to adjust permit renewal fees when extenuating circumstances exist.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this Section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than twice. Upon written request by the applicant, the Building Official may authorize an extension of up to an additional 180 days from the date the permit expiration date.

All building permits shall expire two (2) years after the issuance date. The permit may be extended beyond this period if the work authorized by the permit is being diligently pursued but only upon written request by the permittee. Review of the request and granting of an approved time extension beyond two (2) years shall be made by the Building Official. A maximum one-year extension of time may be granted in 180 day intervals when approved by the Building Official based on extenuating circumstances.

Permits may be issued with a limited time when necessary to abate dangerous, substandard or illegal conditions. The Building Official may establish the expiration date depending on the health/safety hazard.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Permit fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

If work is done in violation of this Chapter or such work is not done in accordance with an approved permit, a fee covering investigation of any violation, inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs. This fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this Code or the technical codes nor from the penalty prescribed by law. The applicant may appeal the assessment of a penalty to the Building and Accessibility Standards Board of Appeals.

Where work for which a permit is required by this Chapter is started or proceeded with prior to the obtaining of such permit, the fees set forth in the fee schedule adopted by the Board of Supervisors may be increased by the Building Official but shall not be more than double the fees specified for obtaining the permit for the first violation and not more than fourfold the fees specified for obtaining the permit for a second or subsequent violation by the same individual. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this Code or the technical codes in the execution of the work nor from penalties prescribed for Title 2, Continuing Violations, and 14.02030 above in this Code.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020; Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Upon request of the Applicant prior to the expiration of the building permit, the Building Official may authorize refunding the permit fee, less an administration fee established by Resolution of the Board of Supervisors, when no work has been performed under a permit issued in accordance with this Code.

The Building Official may authorize refunding the plan review fee paid, less a refund processing fee and the administration fee established by Resolution of the Board of Supervisors, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The refund of these separate and independent fees shall not exceed eighty percent (80%) of the individual plan review or building permit fee.

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than ninety (90) days after the date of fee payment. Refund amounts of less than twenty-five dollars ($25.00), calculated after appropriate deductions, shall not be refunded.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))