3.3 If the building official has determined that the

that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 120 days from the date of the order); that all required permits be secured therefor within 120 days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable.

Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of appeals, provided the appeal is made

in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and the order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(Ord. No. 1727, § 1, 8-26-2025)

4-5 - Reserved.

(Ord. No. 1127, § 10)

4-6 - Reserved.

(Ord. No. 1127, § 11)

4-7 - Cultural Resources.

4-7.1 Purpose. This section is intended to provide a procedure for preserving and studying valuable cultural resources in the city. Existing in Novato are certain deposits and sites of cultural significance believed to have been left by Indians and other early inhabitants. When studied under the supervision of qualified archaeologists, these resources may be of inestimable value in understanding the early history of Novato inhabitants. Uncontrolled excavation or modification of these resources would destroy the cultural integrity of the area. This loss would affect future generations and must be prevented in the public interest.

Such cultural resources shall be preserved in an undisturbed state whenever possible, for future generations who should be more skilled and have access to better methods of study. If preservation is not possible, the resource should be excavated and studied. Regard shall first be given to the value the resource has to the descendants of California Indians, other Native Americans, and the general public.

(Ord. No. 923, § 1)

4-7.2 Definitions. For the purpose of this section, the following terms shall have the meanings given herein:

Cultural resource or resource shall mean all evidence of human occupation and activity which may be used to reconstruct the history and culture of past peoples. This evidence shall include but not be limited to sites, structures, artifacts and physical remains which existed prior to 1860.

Disturb shall mean to have any direct or indirect effect upon an archaeological resource.

Native American Advisory Agencies shall mean organizations of Native American people.

Cultural site shall mean those cultural or religious sites which may exist in the oral tradition of the Coast Miwok people and their descendents or in the written or oral traditions of other ethnic groups.

Qualified archaeological advisory agencies shall mean institutions of higher learning and/or established associations or private firms, pursuing as one of their major purposes the study of cultural remains having archaeological significance and employ qualified archaeologists to perform the report described in subsection 4-7.4b. A list of such institutions shall be maintained by the community development department and will be used by the city in the selection of consulting organizations for the issuance of permits under this section.

Qualified archaeologist shall mean any person who meets the qualifications of the Society of Professional Archaeologists in the area of "field research" or "cultural resources management."

Qualified Native American shall mean the representative or representatives of a Native American Advisory Agency.

Recorded cultural resource shall mean those cultural resources which are known to exist in the city, and which are recorded in the State-wide Archaeological Survey, the State Landmarks Inventory, and/or the National Register of Historical Places.

Unrecorded cultural resources shall mean those cultural resources which have not yet been discovered or recorded, but which may exist in the city.

(Ord. No. 923, § 1)

4-7.3 Archaeological Investigations Permit Required.

Whenever construction or other activities are proposed which will disturb a recorded or otherwise previously encountered cultural resource or a cultural site, an archaeological investigation permit shall be obtained prior to commencement of work and prior to issuance of any building or grading permit. The community development director may hold the public hearing required by subsection 4-7.4d. Concurrently with an otherwise required public hearing on the project provided that requirements for the preparation of the report and noticing are met.

Whenever a recorded or unrecorded archaeological resource is encountered and an archaeological investigation permit has not been issued, all activities which may disturb the resource shall be stopped, and any city building permit or other authorization which may disturb the resource shall be suspended until issuance of an archaeological investigation permit.

(Ord. No. 923, § 1)

4-7.4 Permit Procedure.

Application for an archaeological permit shall be made by the owner of the resource or a representative of the owner and shall be made in a form acceptable to the community development director. The application shall be accompanied by a fee in an amount determined by city council resolution.

Upon receipt by the community development director of such an application, the community development director shall select one of the qualified archaeological advisory agencies (AAA) to inspect the site and prepare an archaeological report thereon. At the same time, the director shall notify the Native American Advisory Agency that a permit application has been received. The report shall be submitted to the community development director within 15 days. Payment for the report shall be the responsibility of the applicant. The report shall describe the resource, state its significance, recommend the level of data recovery, if any, recommend measures, if any, for protection of the resource and recommend sources of funding for data recovery. The findings of a certified environmental impact report may be accepted by the community development director in lieu of the archaeological report if it meets all requirements of this section.

The selected archaeological advisory agency shall immediately contact Native American Advisory Agency or other pertinent ethnic agency and include their recommendations in the submitted report.

The community development director shall hold a public hearing upon the report within ten calendar days of submission thereof. Whenever community development director determines that the resource is of archaeological significance, he/she shall approve the permit only after finding that mitigation measures will be taken to allow maximum protection of the resource and/or maximum preservation of knowledge of the resource.

Mitigation measures may be required as conditions of approval, and the city may work with the permittee to find independent funding for the mitigation measures. Conditions of approval may include, but shall not be limited to any or all of the following example conditions:

Preliminary site planning shall be done under the supervision of a qualified archaeologist to relocate construction away from the resource.

Prior to any construction activity, archaeological excavation, identification, classification, and property scientific analysis of artifacts and other materials having historical or archaeological significance shall be accomplished by a person with qualifications satisfactory to the community development director.

A qualified archaeologist and qualified Native American shall be permitted to make periodic visits to the archaeological resource to observe the work in progress.

Notice of the public hearing and any hearing on appeal shall be by first-class mail at least five calendar days prior to the hearing to all contiguous property owners, any interested homeowners' associations, the Native American Advisory Agencies, the Marin Miwok Museum, the Departments of Anthropology at California State University, Sonoma and San Francisco, and any other person or organization who informs the community development department in writing of their interest in such notices.

Any decision made by the community development director under this section may be appealed to the city council by any interested party. Such appeal must be submitted in writing within five working days of the decision, briefly stating the facts and the grounds of appeal. The city clerk shall set the matter on the city council agenda at the earliest convenience, but in all events not later than 21 calendar days from the date of filing and shall notify the appellant in writing of such setting. After public hearing, the city council may affirm, modify, or reverse the community development director's decision.

(Ord. No. 923, § 1; Ord. No. 989, § 1)

4-7.5 Records of Archaeological Findings. Whenever work is performed by an archaeologist pursuant to this section, complete and accurate records shall be kept and filed with the State Historic Preservation Officer or representative, and copies thereof placed in the site report files at California State University at San Francisco, California State University at Sonoma, the Marin Miwok museum and the community development department. The portions of the report which describe the specific location of a cultural site shall be confidential and not available to the general public in order to prevent unauthorized disturbance. A copy shall also be kept with the artifacts recovered. Whenever requested by a Native American Advisory Agency, any Native American human skeletal remains and associated artifacts accidentally or intentionally exhumed from mortuary contexts shall be reinterred following laboratory analysis. No destructive methods of analysis shall be used. Reburial shall be done in accordance with the requests of Native American Advisory Agencies and in compliance with relevant State and local statutes. If reinterment on the same site is requested by the Native American Advisory Agency, an appropriate site shall be provided whenever possible. Complete records of the reinterment including specific location and contents shall be included with the other site report files. Any material removed from an archaeological resource and not reinterred shall be delivered to the Marin Miwok Museum or other agency approved by the State Historic Preservation Officer and the community development director in consultation with the Native American Advisory Agency. The museum or other agency shall safely accession and store this material with the relevant records and make it available to qualified archaeologists and recognized educational institutions.

(Ord. No, 923, § 1; Ord. No. 989, § 1)

4-7.6 Penalty. Unless authorized in accordance with subsection 4-7.3, it shall be unlawful for any person to excavate, deface, or disturb in any fashion whatsoever, any archaeological resource. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be liable for the penalties stated in Chapter I, section 1-5 of this code. Furthermore, any such violation shall be deemed a public nuisance, pursuant to subsection 1-5.4 of this code

(Ord. No. 923, § 1)

4-8 - Reserved.

Editor's note— Ord. No. 1689, § IV, adopted July 12, 2022, repealed § 4-8, which pertained to residential resale reports and derived from Ord. No. 1150, § 1.

4-9 - Temporary Installation of Utilities; Agreement.

4-9.1 Purpose. The purpose of this section is to provide the opportunity to owners of property with new construction in the final stages to enter into an agreement with the City of Novato to receive approval of temporary installation of electric and gas utilities, in order to provide yard lighting, building security, and testing of the buildings' approved, installed systems. A temporary installation agreement does not allow any occupancy or unauthorized use, temporary or otherwise.

(Ord. No. 1251, § 1)

4-9.2 Definitions.

"Agreement" shall mean a legal binding agreement between the City of Novato, the property owner, contractor, and permittee to abide by said terms of the written agreement.

"Contractor" shall mean the contractor of record on the approved building permit.

"Occupancy" shall mean to reside or occupy any space within the structure for more than 20 hours in a 48 hour period of time.

"Permittee" shall mean the person(s) on record applying for and being issued the approved building permit, allowing the necessary work to be done according to all applicable codes.

"P.G.&E." shall mean Pacific Gas & Electric Company, the current power utility company serving the City of Novato.

"Temporary" shall mean limited time as set forth in the written agreement.

"Utility service" shall mean the utility-owned devices to measure and regulate the amount of electric power being supplied to an approved service panel and fuel gas being supplied to an approved service piping for the building.

(Ord. No. 1251, § 1)

4-9.3 Applicability. The provisions and requirements of this section shall apply to only new construction under approved plans issued by the City of Novato, Department of Community Development.

(Ord. No. 1251, § 1)

4-9.4 Temporary Installation Agreement. The City of Novato may authorize the temporary installation of electric and gas utilities in accordance with the provisions of this chapter. Such authorization shall be in the form of a written agreement between the property owner, contractor, permittee, and the City of Novato for temporary approval of installation of utilities to the property described in said agreement, for the stated limited time period only.

(Ord. No. 1251, § 1)

4-9.5 Permit Fees. The city council may establish application and other related fees for temporary installation agreements by resolution.

(Ord. No. 1251, § 1)

4-9.6 Violation.

It is a violation of this chapter to have the utility service meters remain on said property after expiration of said agreement. The chief building official shall notify in writing the property owner, contractor, permittee, and P.G.&E. of said violation and order removal of the utility service meters.

It is a violation of this chapter for any person to occupy any dwelling or structure in the City of Novato without obtaining all final inspections and any applicable certificate of occupancy.

(Ord. No. 1251, § 1)

4-9.7 Penalty for Violation. Any person within the City of Novato, violating the condition of this chapter shall be guilty of a misdemeanor or infraction as set forth in subsection 1-5.1 of the Municipal Code, City of Novato.

(Ord. No. 1251, § 1)

4-9.8 Enforcement. The following designated employee positions may enforce the provisions of this section by the arrest or by issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the chief building official for any violations of this section. The designated employee positions are:

Chief building official; or

The designee of the chief building official.

It shall be the duty of the chief of police of the city to render any and all necessary assistance to the chief building official for the enforcement of the provisions of this section.

(Ord. No. 1251, § 1)

4-10 - Roofing Materials.*

* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 1328 and 1346.

4-10.1 Purpose. The purpose of this section 4-10 is to safeguard life, health, property, and public welfare by providing minimum fire retardancy requirements for new roof coverings of any hereinafter constructed regardless of the type of occupancy classification and for any reroof of any existing building.

(Ord. No. 1529, § 4)

4-10.2 Permit Required. Notwithstanding the provisions of Section 1510 of the California Building Code, a new roof covering shall not be applied without first obtaining a reroofing permit. After a permit is issued, an inspection shall be made while work is in progress with no more than 30 percent of the work completed. A final inspection and approval shall be obtained from the Building Division when the reroofing is complete. Access provisions for adequate inspection shall be the applicant's responsibility as determined by the building official provided, however, that reroofing permits are not required for minor repairs not exceeding 100 square feet in area.

(Ord. No. 1529, § 4)

4-10.3 Fees. The permit fees shall be based on assessed valuation of work as determined by the building official and the amount of fees collected in accordance with the City of Novato Administrative Policy 3.3, Appendix B.

(Ord. No. 1529, § 4)

4-11 - Notice of Change of Commercial or Industrial Occupancy.

4-11.1 Purpose. The City Council of the City of Novato does hereby find and determine that city departments and various local agencies need information about commercial properties to verify that the use and occupancy of said commercial or industrial properties are in accordance with existing zoning and health and safety provisions mandated by the State of California and the City of Novato Municipal Code. This information is also needed to protect the public health and safety and to assist the city in compiling information on the use, location, and condition of properties within the jurisdiction of the City of Novato. By agreement, for health and safety reasons, the city may share this information or resultant vital statistics with other governmental agencies.

(Ord. No. 1334, § 11)

4-11.2 Definitions.

Commercial or Industrial Building shall mean any nonresidential building or portions of nonresidential buildings, any improved or unimproved real property to which sewer and/or water services are provided, zoned as C-1 (Retail Business), C-2 (General Business), A-P (Administrative Professional), C-P (Planned Commercial), M-1 (Light Industrial), M-2 (Heavy Industrial), M-P (Planned Industrial), PC (Planned Community), or PCR (Planned Commercial Recreation), or any building to which sewer and/or service are provided, not used as domestic

living space and not classed as Group "R" Divisions 1 or 3, Group "M" Division 1, "Occupancies," according to the occupancy designations of the most recently adopted edition of the Uniform Building Code.

The business establishments with zoning designations such as C-1, C-2 or AP that do not use, handle or store Federal registered hazardous materials or potentially flammable chemicals, or discharge only domestic waste to the sewer are excluded from coverage under this section 4-11. Exhibit A of this section is a guideline to determine whether a type of business or supplemental use must comply with the reporting requirements of this commercial or industrial occupancy ordinance. This list is not all inclusive.*

At any time any space that is converted from business office to any of the above conversion purposes, the property owner must comply with the provisions stated in subsection 4-11.4, "Written Notification of Change of Occupancy Required."

Property Owner shall mean the responsible entity (whether a person, persons, firm, corporation, partnership, trust or otherwise) that holds fee or possessory title to a commercial or industrial building.

Tenant shall mean the responsible entity, (whether a person, persons, firm, corporation, partnership, trust or otherwise) who possesses the right to use or occupy a commercial or industrial building, property, or portion thereof, under lease or rental agreements or any other agreement with the property owner or with any lease thereof.

Notification of Commercial or Industrial Tenancy Change Form shall mean an information form prepared by the City of Novato Building Official to be completed by the property owner and submitted to the city within 30 business days of the occupancy change.

Use shall have the same meaning as defined in subsection 19-10.004u.

(Ord. No. 1334, § 1)

* Editor's Note: Exhibit A, referred to herein may be found at end of this section.

4-11.3 Applicability. The provisions and requirements of this section shall apply to any "commercial or industrial building" defined in subsection 4-11.2a located within the jurisdiction of the City of Novato.

(Ord. No. 1334, § 1)

4-11.4 Written Notification of Change of Tenancy Required.

It shall be the responsibility of the property owner to deliver the required notice to the tenant who leases or subleases all or a part of the tenant's leasehold interest. It is the responsibility of the property owner to notify the chief building official that the property owner has delivered to the tenant and/or subtenant the notice of change of commercial or industrial occupancy form required under subsection 4-11.2b. It is the tenant's responsibility to notify the chief building official of the change in occupancy or use in any part of any commercial or industrial building in which they hold a right of occupancy within 30 business days of the occupancy or use change, by delivering the required notice to the chief building official.

The notice shall be in writing on a form prescribed by the city addressed to the chief building official.

The notice is to be reviewed by the chief building official or designee within 14 days of the receipt of the change of occupancy form.

The written notice shall contain the following:

The street address of the commercial or industrial building, including suite number, if applicable.

The name and address of the property owner(s) of the commercial or industrial building.

In the case where a lessee subleases all or part of the lessee's leasehold interest, the name and address and the telephone number of the lessee and, separately, the sublease.

The name and address and telephone number of the new tenant.

The square footage of the area of the commercial or industrial building to be occupied or leased.

A description of the intended use of the commercial or industrial building.

The date of intended use for any purpose or the date the lease is signed by agreement between the property owner and lessee, or between the lessee/sublessor and the sublessee, and the date that the occupancy or use actually commenced.

A statement as to whether any hazardous or toxic materials are or will be used, handled or stored at the building.

(Ord. No. 1334, § 1)

4-11.5 Violation. It is a violation of this section for any property owner or tenant of a commercial or industrial building to lease, transfer, sublease, rent, sell, or cause any change in use or occupancy or otherwise reoccupy a commercial or industrial building, or portion thereof, after being vacant without notifying the city per subsection 4-11.4 of this section.

(Ord. No. 1334, § 1)

4-11.6 Penalty for Violation. Any person violating subsection 4-11.4 of the Novato Municipal Code is guilty of an infraction and upon conviction therefor shall be punished in accordance with California Government Code Section 36900(b), as it may be amended from time to time.

(Ord. No. 1334, § 1)

4-11.7 Nonliability of the City. The review of the "Notice of Change of Occupancy" form does not represent a warranty by the city that the subject property or its current or future use is, or is not, in compliance with the law. The city does not represent or warrant that the information contained in the notice will be complete and/or accurate.

The enactment of this section shall not impose any mandatory duty upon the city to inspect the subject property, report the information from its records, or impose any liability upon the city for failure to enforce the provisions of this section.

(Ord. No. 1334, § 1)

4-11.8 Reserved.*

* Editor's Note: Former subsection 4-11.8, Sunset Clause, previously codified herein and containing portions of Ordinance No. 1334 was repealed in its entirety by Ordinance No. 1356.

4-12 - Recycling and Reuse Requirements for Construction and Demolition Projects.

4-12.1 Findings.

The City of Novato finds that the State of California through its California Waste Management Act of 1989, Division 30 of the Public Resources Code (Section 40000 et seq.), requires that each local jurisdiction in the state divert 50 percent of discarded materials (base year 1990, state methodology) from landfill on or after January 1, 2000 through source reduction, recycling, and composting activities.

The City of Novato finds that every city and county in California could face fines up to ten thousand ($10,000.00) dollars a day for not meeting the above mandated goal.

The City of Novato finds that in recent years construction and demolition (C&D) debris constituted approximately 12 percent by weight of the materials landfill in Marin County and a similarly large portion of the waste stream in the county. These materials have significant potential for waste reduction and recycling.

The City of Novato finds that reusing and recycling C&D debris is essential to further the city's efforts to reduce waste and comply with the California Integrated Waste Management Act and other waste reduction goals.

The City of Novato finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material in landfills, increase site and worker safety, be cost effective, and thereby assist in the protection of public health, safety and welfare.

The City of Novato finds that, except in unusual circumstances, it is feasible to divert on average at least 50 percent of all C&D debris from most construction, demolition, and renovation projects.

(Ord. No. 1485, § 1)

4-12.2 Definitions. For the purposes of this section, the following definitions shall apply:

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City of Novato for the applicable permits to undertake any construction, demolition, or renovation project within the City of Novato jurisdiction.

"Community development director" means the designated staff person(s) authorized and responsible for implementing this section.

"Construction" means the building of any facility or structure or alterations to any portion thereof including any tenant improvements to an existing facility or structure.

"Construction and demolition debris (C&D debris)" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

"Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the City of Novato pursuant to this section for use in estimating the volume or weight of materials identified in a waste management plan (WMP).

"Covered project" means every construction, demolition, and renovation project within the City of Novato.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

"Divert" means to use material for any lawful purpose other than disposal in a landfill or transformation facility.

"Diversion requirement" means the diversion of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to section 4-12.4 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the community development director for the covered project.

"Noncovered project" means construction, demolition, and renovation projects within the City of Novato encompassing less than 500 square feet.

"Person" means a person, firm, corporation, partnership, or other business entity.

"Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City of Novato.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Renovation" means any change, addition, alteration or modification encompassing more than 500 square feet in an existing structure.

"Reuse" means further or repeated use of construction or demolition debris.

"Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Waste management plan (WMP)" means a completed WMP form, approved by the City of Novato community development department building division for the purpose of compliance with this section, submitted by the applicant for any covered or noncovered project.

(Ord. No. 1485, § 1)

(Ord. No. 1556, § 3, 1-11-2011)

4-12.3 Compliance with this Section.

Covered Projects. Every covered project shall comply with this section. Failure to comply with any of the terms of this section shall subject a person or applicant to the enforcement mechanisms set forth in section 4-12.8.

Noncovered Projects. Every noncovered project shall be encouraged to divert at least 50 percent of all project- related construction and demolition debris.

Compliance as a Condition of Approval. Compliance with the provisions of this section shall be a condition of approval for a building permit to be issued to any covered project and shall be made prior to a final approval of any permit on a covered project or issue a certificate of occupancy.

(Ord. No. 1485, § 1)

4-12.4 Infeasible Exemption. Granting of Exemption. If the community development department director determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall issue the final approval on any permitted work or approve the issuance of a certificate of occupancy if the maximum feasible diversion rate is met. The documentation to be submitted for final approval shall be the same as that set forth in section 4-12.6.

(Ord. No. 1485, § 1)

4-12.5 Waste Management Plan (WMP).

WMP Forms. Applicants for any covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City of Novato for this purpose as part of the application packet for the permit. The completed WMP form shall indicate all of the following:

The estimated volume or weight of debris, by materials type, to be generated;

The estimated volume or weight of such materials that can feasibly be diverted via reuse;

The estimated volume or weight of such materials that can feasibly be diverted via recycling;

The vendor and/or facility that the applicant proposes to use to collect or receive said materials; and

The estimated volume or weight of materials that will be landfilled.

WMP Approval. The WMP form will be reviewed by the community development department building division to determine feasibility. Once approved by the community development department building division, the WMP form will be marked "approved" and submitted to the applicant with the construction or demolition permit.

(Ord. No. 1485, § 1)

4-12.6 Submission of Recycling/Reuse Documentation.

Documentation. Unless the applicant has been granted an infeasibility exemption pursuant to section 4-12.4 of this chapter, in which case the diversion requirements shall be the maximum feasible diversion rate determined by the community development department director for the project, the documentation to be submitted for final approval of permitted work or a certificate of occupancy shall include all of the following:

A waste management plan;

Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of the material received;

Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this section.

Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. All C&D

debris shall be weighed by measurement on scales, except as provided by this subsection. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. When weighing C&D debris is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City of Novato for this purpose.

Calculating Volume and Weight of Debris. In estimating the volume or weight of materials the applicant shall use the standardized conversion rates approved by the City of Novato for this purpose.

(Ord. No. 1485, § 1)

4-12.7 Final Compliance.

Approval. No final approval of permitted work or a certificate of occupancy shall be given for any covered project unless and until the community development department has approved the recycling/reuse documentation. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The community development department shall only approve the recycling/reuse documentation if it indicates that at least 50 percent of all C&D debris generated by the project has been diverted.

Nonapproval. If the community development department determines that the recycling/reuse documentation is incomplete or fails to indicate that at least 50 percent of all C&D debris generated by the project will be reused or recycled, the department may:

Deny the final approval of the permitted work or issuance of a certificate of occupancy for any building until adequate recycling/reuse documentation has been provided; or

Seek enforcement action pursuant to section 4-12.8.

(Ord. No. 1485, § 1)

4-12.8 Enforcement. Violation of any provision of this section may be enforced pursuant to section 4-1.6 of this chapter.

(Ord. No. 1485, § 1)

4-13 - Reserved.

Editor's note— Ord. No. 1586, § 3, adopted Dec. 3, 2013, repealed § 4-13 in its entirety, which pertained to green building measures on residential projects and derived from Ord. No. 1503, § 1; Ord. No. 1553, § 2, adopted Sept. 14, 2010.

4-14 - Apartments and Hotels; Periodic Housing Inspection Program and Caretaker Requirements.

4-14.01 Declaration of Purpose. The council finds that the establishment of a periodic housing inspection program for apartments and hotels and the specification of caretaker requirements for apartments, is necessary to protect the public health, safety and welfare, by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions in such housing, and by preventing conditions of deterioration and blight in such housing that could adversely affect economic conditions and the quality of life in the city.

(Ord. No. 1509, § 1)

4-14.02 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section:

"Apartment building" means any building or buildings, located on one parcel of property, containing three or more apartments as defined in this chapter.

"Apartment" means any room or group of rooms used for habitation for a fixed 30-day term or longer that is located within an apartment building on one or more parcels of property.

"Dwelling unit" carries the same meaning and description as, "apartment."

"Hotel" means any building or buildings, located on one parcel of property, containing four or more guest rooms, intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.

"Guest" is any person hiring or occupying a guest room as defined in this chapter.

"Guest Room" means any room or rooms that are located within a hotel as defined in this chapter and is/are intended or designed to be used, or that are used, rented, or hired out for sleeping purposes. For the purposes of this section, a guest room is not used or intended for habitation.

"Occupant" means a person occupying a dwelling unit in an apartment or a guest occupying a guest room in a hotel.

"Owner" means the record owner of the property on which an apartment or hotel is located, as shown on the official records of the county assessor for the County of Marin, or the person/persons who own the business operating the hotel or apartment if different than the record owner of the property.

"Tenant" means the person, business, organization or other entity that is legally responsible to provide money, property, or any other form of consideration to reside in the dwelling unit or guest room, no matter how short the term or residence may be.

"Habitation" means living, eating, sleeping, or cooking. However, sleeping can only constitute "habitation" if it is accompanied by living, eating, or cooking.

Words and phrases used in this section, but not specifically defined herein, shall have the same meaning in this section or this code, words and phrases used in this section shall have the meaning generally prescribed by dictionary definition.

(Ord. No. 1509, § 1)

4-14.03 Periodic Housing Inspections. Every owner of an apartment building or hotel located within the City of Novato shall permit the city to periodically inspect each apartment building or hotel, including each apartment or guest room located within, and the real property on which such apartment building or hotel is located, provided that notice is given as is required under this chapter. The community development director, or his or her designee, shall cause each apartment building and hotel, including each apartment or guest room located within, to be inspected one time each calendar year, or more frequently if needed, to ensure compliance with all applicable city ordinances or other laws relating to such housing, including the substandard housing provisions of the Uniform Housing Code adopted by reference in section 4-1 of this code.

(Ord. No. 1509, § 1)

4-14.04 Scope of Chapter. This chapter shall not apply to:

An apartment occupied by the record owner of the property on which the dwelling unit is located, as shown on the official records of the county assessor for the County of Marin.

An apartment in a residential condominium as defined in Novato Municipal Code section 19.60.020.

Housing accommodations in any hospital; state licensed community care facilities; housing accommodations in any convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facilities; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by students.

Housing accommodations which a government unit, agency or authority owns, operates or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply if the governmental ownership, operation, or management regulation becomes no longer effective or applicable to the housing accommodations described in this subsection.

Mobilehomes, or mobilehome parks, or recreation vehicles as defined in California Civil Code Section 799.24, or recreational vehicle parks.

Housing accommodations in buildings that have been vacated and secured against entry to the satisfaction of the city.

(Ord. No. 1509, § 1)

4-14.05 Complaint-based Inspections. Nothing contained within this section shall limit or restrict the authority of the city's code enforcement officials to inspect any apartment building or hotel, or any apartment or guest

room located within, or the real property thereon, in response to a complaint made by any person concerning code violations or other violations of law being committed at such apartment building or hotel or on the real property thereon, and to pursue all code enforcement remedies permissible under this code or any other state or municipal law concerning any violation that may be identified.

(Ord. No. 1509, § 1)

4-14.06 Notices. The community development director, or his or her designee under this section shall give a minimum of 20 days advance written notice of the date and time of the periodic inspections to the owner of the apartment building or hotel and to the tenants thereof. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner of the apartment building or hotel shall be mailed by first class mail to the owner's last known address as it appears in the records of the county assessor. Notice to the tenant shall be mailed first class mail. It will be the responsibility of the apartment building, owner to provide the city code enforcement division by the first week of July each year a current list of tenant mailing information. Additionally, notice will be given to the occupants of the apartment building or hotel by posting an official notice of such inspection in a public area on the premises of such apartment building or hotel.

(Ord. No. 1509, § 1)

4-14.07 Right of Entry.

Upon presentation of city identification, the city code enforcement official(s), after having obtained the consent of the owner of the apartment or hotel or his/her agent may enter any common areas or un-rented areas in the building or on the premises at reasonable times during daylight hours to perform the inspection. Upon presentation of city identification, a city code enforcement official(s), after having obtained the consent of the tenant or his/her agent may enter any areas of the building that are being rented by the tenant at reasonable times during daylight hours to perform the inspection. If consent for such an inspection is refused or cannot be obtained, the city's code enforcement officials are authorized to obtain from the court an inspection warrant to conduct such an inspection pursuant to Code of Civil Procedure Section 1822.50 et seq. upon such terms as the court deems proper.

Nothing in this section shall limit the rights of the city to enter any apartment building or hotel, or any apartment or guest room located within, if the city is otherwise authorized by law to do so at the time of making such entry.

(Ord. No. 1509, § 1)

4-14.08 Violations.

If an inspection of an apartment building or hotel, or any apartment or guest room located within or the premises thereof, conducted pursuant to this section reveals the existence of any violations of applicable city ordinance or other laws relating to such housing, including the substandard housing provisions of the Uniform Housing Code as adopted by reference in section 4-1 of this code, the city may seek to remedy such violations by any method authorized by state law or this code, including the nuisance abatement procedures set forth in section 1-6 of this code.

(Ord. No. 1509, § 1)

4-14.09 Certificate of Compliance. Following completion of an inspection of an apartment building or hotel and every apartment or guest room located within, or on the premises and correction of any violations of applicable city ordinances or other laws related to such housing, the city shall issue to the owner a certificate of compliance indicating satisfaction of the provisions of this section as of the date of such certificate. This certificate of compliance shall be posted in a conspicuous, common area, enabling interested person(s) to view.

(Ord. No. 1509, § 1)

4-14.10 Inspection Fee. The city may collect from any owner of an apartment building or hotel, for which the owner is receiving compensation from the tenant(s), an annual housing inspection fee sufficient to cover the city's administrative costs and expenses for the periodic housing inspection program provided under this section. The annual housing inspection fees shall be established by resolution adopted by the city council pursuant to provisions of section 2-20 of this code. The city may collect the annual housing inspection fees by billing the owners directly for the amount due or by collecting the amount due from the owners as part of their property tax bills issued by the county tax collector pursuant to an agreement between the city and the county of Marin. There shall be no fee for re-inspection of violations or corrective action requirements, on first re- inspection. A fee of one hundred ($100.00) dollars will be charged for each inspection beyond the first re- inspection and one hundred ($100.00) dollars for each subsequent inspection until violations or corrective actions are corrected.

(Ord. No. 1509, § 1)

4-14.11 Failure to Pay Inspection Fee. If the owner of an apartment building or hotel fails to pay the annual housing inspection fees as provided hereunder, the city may recover the unpaid fees, plus accrued interest at the maximum rate permitted by law, from the owner in a civil action in which the city may elect to seek recovery of its reasonable attorney's fees at the initiation of that civil action. The prevailing party shall be entitled to recover its reasonable attorney's fees if the city seeks to recover its attorney fees under this section. Alternatively, the city may record a lien for any unpaid annual housing inspection fees against the property to which the fees relate in the manner provided in section 4-14.12 hereafter.

(Ord. No. 1509, § 1)

4-14.12 Housing Inspection Fee Lien. Housing inspection fees that are not paid in a timely manner under section 4-14.10 may become a lien upon the owner's property in accordance with the procedure set forth in this section.

Prior to recording a lien for unpaid annual housing inspection fees against the parcel which is required to be inspected under this section, the community development director, or his or her designee, shall prepare and file with the city clerk a report identifying the property, the owner, and the amount of a proposed housing inspection fee lien to cover such unpaid fees.

The city clerk shall fix a time, date and place of hearing said report and any protests or objections thereto by the city council and shall cause written notice of such hearing to be served on the owner not less than 10 days

prior to the date of such hearing. Notice shall be given by regular first class mail addressed to the owner at the last known address as shown on the records of the county assessor for the County of Marin.

After conducting the hearing, the city council shall adopt a resolution confirming, discharging, or modifying the amount of the proposed housing inspection fee lien.

The city clerk shall cause to be recorded in the county recorder's office a notice of housing inspection fee lien to which the city council's supporting resolution shall be attached. Such notice shall specify the amount of the lien, the name of the City of Novato on whose behalf the lien is imposed, the street address, legal description, the assessor's parcel number of subject property and name and address of the owner as shown on the records of the county assessor for the County of Marin. Upon recording of such notice of housing inspection fee lien, it shall attach as a lien against the subject property and shall have the same effect and priority as recording of an abstract of judgment.

Upon receiving a report from the director of finance that payment in full has been received by the city of the amount specified in the notice of housing inspection fee lien, the city clerk shall record a notice of satisfaction of the housing inspection fee lien with the county recorder. Recording of such notice of satisfaction shall cancel the city's lien against the property.

(Ord. No. 1509, § 1)

4-14.13 Caretaker Requirements for Apartments.

Regardless of the number of apartments in an apartment building, the owner shall post in a conspicuous public place on the premises of the apartment a notice containing the name, address and telephone number of the resident caretaker or resident owner who is responsible for management of the apartment.

In any apartment building with 16 or more apartments, a caretaker employed by the owner shall reside upon the apartment building premises and shall be responsible for management of the apartment building, unless the owner resides upon the premises and has assumed such management responsibility.

Alternatively, in any apartment with 16 or more apartments, there shall be a designated caretaker's office which shall be staffed during the hours of 8:00 a.m. to 5:00 p.m. by the owner or a caretaker employed by the owner and responsible for management of the apartment building after hours and there shall be posted, in a conspicuous, common, easily viewed area, a current and up to date telephone number for the owner or the owner's agent, to which a telephone complaint may be made during all other hours, a response to which shall be made within a reasonable time period.

(Ord. No. 1509, § 1)

4-14.14 Administrative Procedures. The city council hereby delegates to the community development director or his or her designee the authority to establish, promulgate, and modify procedures, rules, and regulations to implement and administer this program. No action taken by the community development director or his or her designee may supersede or counteract any of the provisions in this section.

(Ord. No. 1509, § 1)

4-15 - Tenanting, Management and Safety for Multi-Family Housing.

4-15.01 Declaration of Purpose. The council finds that the establishment of provisions for tenanting, management and safety for multi-family rental housing is necessary to protect the public health, safety and welfare. Ensuring proper management, tenant screening, security measures, rules of conduct, and maintenance of multi-family developments is intended to prevent conditions of deterioration and blight in such housing, promote fair housing practices and prevent conditions that could adversely affect the quality of life in the city.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-15.02 Applicability. The requirements of this section shall apply to:

(a)

All new multi-family rental housing developments of 16 units or more units;

(b)

All existing multi-family rental housing developments applying for any discretionary entitlement or building permit to increase the total square footage of the development by 500 square feet or greater or which would add any number of new dwelling unit(s) to the development and which currently includes or which after new construction will include 16 or more units of rental housing.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-15.03 Requirements. Prior to the issuance of a building permit for a development subject to the provisions of this Section, the owner of the project shall enter into a housing agreement, in the city's standard form, as the same may be amended from time to time. In the event that the development includes affordable housing units in accordance with chapter 19.24 or section 19.16.070 of the Novato Municipal Code, the city's standard affordable housing agreement as required by section 19.24.090 and/or subsection 19.16.070f.7. may take the place of the housing agreement. The housing agreement or affordable housing agreement shall, at a minimum, address the following:

Management. A requirement for owner to provide to the city for review and approval a copy of the management agreement between owner and the manager or proposed manager of the development including provisions for:

City inclusion as a third-party beneficiary permitting city the right to enforce such agreement;

Right of the city to approve or disapprove such management agreement to the extent to ensure compliance of such agreement with the provisions of the housing agreement or affordable housing agreement;

Requirement for high quality property management, on-going grounds and property maintenance, implementation, monitoring and compliance and adherence to the management plan; and

Right to require replacement of the Manager in the event the requirements of the housing agreement/affordable housing agreement, management agreement or management plan are not adhered to.

Management plan. A requirement for the Owner to provide to the city a management plan for the management of the project, which shall include but not be limited to each of the following minimum provisions, and which shall be subject to the review and approval of the city:

Rules and procedures for qualifying and screening tenants and filling vacancies. Said rules and procedures shall include anti-discrimination policies, waiting list policies, grievance process, eligibility certification process and unit transfer policies;

Measures to maintain security and crime prevention, including a process for addressing excessive police calls to the development;

Rules of conduct for tenants, including provisions for: drug free property; anti violence against women and other tenants; anti drug; smoking; storage and open space use; noise; alcohol in common areas, unlawful activities, annual inspections; parking; annual eligibility certification; grounds for eviction;

Process for handling tenant complaints/grievances;

Provisions for maintenance of the development and the property upon which the development is to be constructed including requirements for minimum maintenance standards, keeping the development free of waste or deterioration and in full compliance with all city ordinances;

Provisions for ongoing communications between management and tenants, management and owner, city and management and city and owner;

Provisions for on-site property management staffing; and

A copy of the standard lease agreement.

City approval. City approval of the management agreement and management plan shall be required prior to final inspection of the development and issuance of a certificate of occupancy therefore.

(Ord. No. 1603, § 4(Exh. A), 9-15-2015)

4-16 - Income-Based Rental Housing Discrimination.

4-16.1 Purpose. It is the purpose and intent of the City of Novato in enacting this section to insure that income- based financial discrimination does not occur in rental housing. This section does not intend to restrict or limit operational aspects of rental housing management, such as establishment of tenant rules, security requirements or other landlord/tenant conditions not related to sources of income or financial discrimination.

4-16.2 Prohibited Activity. It is unlawful for any person to do any of the following related to the rental of real property for residential use as wholly or partially based on source of income, as defined herein:

To interrupt, terminate, or fall or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

To include in the terms or conditions of a transaction in real property any discriminating clause, condition or restriction;

To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

To make, print, publish, advertise, or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.

4-16.3 Prohibited Economic Discrimination. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:

Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, on the same basis as rental payments to be made directly by the tenant or prospective tenant;

Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together.

4-16.4 Exceptions.

Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one of the living units and it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant(s).

Nothing in this section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

Nothing in this chapter shall be construed to prohibit a requirement for a guarantor or co-signer based on amount of income or credit worthiness.

4-16.5 Civil injunctive relief. Any aggrieved person may enforce the provisions of this section by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this section may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by county counsel, the district attorney, the city attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

4-16.6 Civil liability. Any person who violates any of the provisions of this section or who aids in the violation of any provisions of this section is liable for special and general damages, , or up to three times the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto not less than two hundred ($200.00) dollars but not more than four hundred ($400.00) dollars, together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the alleged discriminatory acts.

es the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto not less than two hundred ($200.00) dollars but not more than four hundred ($400.00) dollars, together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the alleged discriminatory acts.

4-16.7 Criminal penalty. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand ($1,000.00) dollars or by imprisonment in the county jail for a period not exceeding six months, or both.

4-16.8 Definitions. For purposes of this section, the following definitions shall apply:

"Source of income" as used in this chapter means all payments from a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, provided such funds are not paid directly to the tenant.

"Person" means any individual, firm, corporation, or other organization or group of persons however organized.

(Ord. No. 1641, § 2(Exh. A), 9-11-2018)

4-17 - Reserved.

Editor's note— Ord. No. 1586, § 3, adopted Dec. 3, 2013, repealed § 4-17 in its entirety, which pertained to adoption of the 2007 California Green Building Standards Code as amended and derived from Ord. No. 1539, § 1, adopted March 10, 2009; Ord. No. 1555, § 2, adopted Sept. 14, 2010; Ord. No. 1557, § 2, adopted Jan. 11, 2011.

4-18 - [Small Residential Rooftop Solar Systems.]

4-18.1 Definitions.

Solar energy system means either of the following:

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

Small residential rooftop solar energy system means all of the following:

A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.

A solar energy system that is installed on a single- or duplex-family dwelling.

A solar panel or module array that does not exceed the maximum legal building height as set forth by the applicable section of chapter 19 (zoning).

"Electronic submittal" means the utilization of one or more of the following:

Email;

The Internet;

Facsimile.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Common interest development means any of the following:

A community apartment project.

A condominium project.

A planned development.

A stock cooperative.

Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means:

For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system but in no case more than one thousand ($1,000.00) dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

For photovoltaic systems: an amount not to exceed one thousand ($1,000.00) dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

Solar use permit means that use permit described by Government Code Section 65850.5 which is specifically applicable to solar energy systems and does not apply to any other project.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.2 Purpose. The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The provisions of this section encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public, health, safety and welfare of the citizens of Novato. Nothing in this section is intended to create, nor shall it create, a mandatory duty upon the city or any of its officers, employees, or agents acting on behalf of the city.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.3 Applicability.

This section applies to the permitting of all small residential rooftop solar energy systems in the city.

Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a

way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.4 Solar Energy System Requirements.

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City of Novato, and the Novato Fire Protection District.

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.5 Duties of Building Division and Building Official.

All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. Applications shall be considered complete when all information is received and payment made. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

All fees prescribed for the permitting of small residential rooftop solar energy system shall comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and Health and Safety Code Section 17951.

(Ord. No. 1602, § 2, 9-15-2015)

4-18.6 Permit Review and Inspection Requirements.

The building division shall adopt a standard plan and checklist for the administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems on or before the date that this ordinance takes effect. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall be available on the city's website and shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

The building division shall issue a building permit the same day for over-the-counter applications or within three business days for electronic applications of receipt of a complete application which meets the requirements of the approved checklist and standard plan. The building official may require an applicant to apply for a solar use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission.

Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

If a solar use permit is required, the building official may deny an application for the solar use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission.

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 4080 of the Civil Code.

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be required by the Novato Fire Protection District.

The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provided a two-hour inspection window depending on workload and staff availability.

If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall be required. Such subsequent inspection shall not be required to comply with the requirements of subsection j. above.

(Ord. No. 1602, § 2, 9-15-2015)

4-19 - Electric Vehicle Charging Systems.

4-19.1 Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section implements California Government Code Section 65850.7.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.2 Definitions. For purposes of this section, the following definitions shall apply:

Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

Electronic submittal means the utilization of one or more of the following: electronic mail or email, the internet, or facsimile.

Chief building official means the Chief Building Official of the City of Novato or his/her designee.

Feasible method to satisfactorily mitigate or avoid the specific adverse impact includes, but is not limited to, any cost effective method, condition, or mitigation imposed on an application for a permit.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.3 Expedited Permit Process. The chief building official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The city's adopted checklist shall be published on the city's website.

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.4 Permit Application Processing; Approval; Requirement for Use Permit.

As part of a complete application, the applicant shall include documentation of verification that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

Review of the application by the chief building official shall be limited to review of whether the proposed electric vehicle charging station meets all health and safety requirements of local, state and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the chief building official that the permit application and supporting documents meets the requirements of the city's adopted checklist, and is consistent with all applicable laws and health and safety standards, the chief building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the chief building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

The application shall not be denied except upon the issuance of written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any

conditions imposed on the application shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest possible cost.

If the chief building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the applicant may apply for an electric vehicle charging station use permit which shall be processed and a decision rendered by the chief building official in accordance with subsection 19.42.050. Notwithstanding the findings required by subsection 19.42.050, the chief building official shall not deny an electric vehicle charging station use permit unless written findings are made based on substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, including the basis for the rejection of potential alternatives of preventing the adverse impact. An appeal from the decision of the chief building official on an electric vehicle charging station use permit may be filed for review by the planning commission in accordance with division 19.54.

Consistent with Government Code Section 65850.7, the chief building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

Consistent with Government Code Section 65850.7, the chief building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the chief building official shall also accept electronic signatures on all forms. The action of the chief building official may be appealed to the planning commission in accordance with division 19.54

(Ord. No. 1620, § 2(Exh. A), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

4-19.5 Electric Vehicle Charging Station Installation Requirements.

Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

All electrical contractors of projects that include electrical vehicle infrastructure work, which are constructed with funds provided, approved, and/or administered, in whole or in part, by the City of Novato, shall maintain the appropriate license classification, as determined by the contractors' state license board, and electricians on the job shall be electric vehicle infrastructure training program (EVITP) certified in accordance with the following:

All of the installations, commissioning, and maintenance of electric vehicle charging stations, equipment, and related infrastructure subject to this paragraph (e) (hereinafter referred to as the "EV Work") shall comply with the requirements below:

(a)

At a minimum, one job-site supervisor or job-site foreman supervising the EV Work at each job site is required to be an EVITP certified electrician.

(b)

The EV Work shall be performed only by California certified general electricians, of which a minimum of 50 percent of the electricians performing the EV Work on the job site are EVITP certified.

(c)

The ratio of journeyman to apprentices shall comply with requirements set forth in California law.

(d)

Apprentices may assist California certified general electricians on EV Work if registered in a State of California Approved Apprenticeship Program which has a graduation rate of at least 60 percent. EVITP certification requirements do not apply to apprentices.

Electrical contractors shall maintain a written or electronic record of all EV Work including the names of all EVITP electrician(s) who performed the EV Work. Said record shall be made available to EVITP, and/or City of Novato upon request. Contractor shall cooperate fully with EVITP, and/or the City of Novato in case of random or other quality assurance check(s).

(Ord. No. 1620, § 2(Exh. A, 4-19.6), 9-26-2017; Ord. No. 1696, § II, 1-10-2023)

EXHIBIT A

BUSINESSES IN NOVATO FITTING "INDUSTRIAL OR COMMERCIAL" CLASSIFICATION AS INDICATED IN THE CITY'S CHANGE OF OCCUPANCY ORDINANCE:

(Section 4-11)

Sales, Use, Storage or Manufacture of Agricultural Chemicals, including Fertilizers, Milling, Veterinary Supplies

Air Conditioning and/or Refrigeration Repair

Ammunition

Asbestos Products Removal and Abatement Services or Storage

Printing, Photo Processing, Graphic Reproduction

X-ray Processing

Refinishing or Resurfacing or Manufacturing of Cabinets or Furniture

Rug and Upholstery Cleaning

Small Engine Repair, Washing, and Related Surfaces

Chemical Manufacturing, Storage or Sales

Sale or Distribution of Cleaning Compounds

Compressed Air or Gas Sales, Storage, or Service

Roofing Supplies and Sales

Hazardous Materials Handling or Disposal

Laboratories, Medical, Testing or Research

Oil and Gas, Storage, Refining and/or Delivery

Pest Control, Storage or Service

Pharmacies

Waste Reduction, Disposal and Recycling

Any Other Use that Discharges Anything Other than Domestic Wastes to the Sewer

Dry Cleaners

Dentists

Tile Contractors

Auto Body Shops

Mortuaries

Paint Stores

Restaurants

Research Facilities