Chapter 15.04 — UNIFORM BUILDING CODE

Under the provisions of Section of 50022.1 of the Government Code and Health and Safety Code Section 17922 of the State of California, the city council does adopt by specific reference thereto and incorporates by said reference the provisions, rules, regulations specified and set forth in the codes and regulations set forth below.

A.

The California Building Code, 2016 Edition, which may be referred to in this Code as the CBC;

B.

The California Residential Code, 2016 Edition, which may be referred to in this Code as the CRC;

C.

The California Electrical Code, 2016 Edition, which may be referred to in this Code as the CEC;

D.

The California Mechanical Code, 2016 Edition, which may be referred to in this Code as the CMC;

E.

The California Plumbing Code, 2016 Edition, which may be referred to in this Code as the CPC;

F.

The California Energy Code, 2016 Edition;

G.

The California Green Building Standards Code, 2016 Edition;

H.

The California Historical Building Code 2016, California Code of Regulations, Title 24, Part 8;

I.

The 2016 Referenced Standards Code, California Code of Regulations, Title 24, Part 12;

J.

The 2016 California Administrative Code, California Code of Regulations, Title 24, Part 1; and

K.

The 2016 California Fire Code, California Code of Regulations, Title 24, Part 9 which may be referred to in this Code as the CFC.

(Ord. No. 381, § 1, 4-26-2017; Ord. No. 367, § 1, 8-13-2014; Ord. No. 341, § I, 3-29-2010; Ord. 320 § 1, 2006: prior code § 12-201)

Three copies of the Uniform Building Code are on file, for use and examination by the public, in the office of the city clerk of the city.

(Prior code § 12-202)

Any person, firm or corporation commencing any work or improvement in the codes regulated without first obtaining from the city a permit so to do shall be subject to payment of double permit fees.

(Prior code § 12-203)

The Orange Cove city council does approve and adopt the fee schedules contained in the 1997 Uniform Building Code; the 1997 Uniform Plumbing Code; the 1997 Uniform Mechanical Code; and the 1996 National Electric Code.

The building permit fees may hereafter be modified by council action by motion or by resolution.

(Ord. 320 § 2, 2006: prior code § 12-204)

A single yard shall not serve as both a front and rear yard for two residences on the same lot unless the single yard has a depth of at least forty feet.

(Prior code § 12-205)

No courts or court apartments shall be built without first obtaining permission from the city council of the city so to do, and such permission shall be granted only in the event that it is satisfactorily proved to the city council that all necessary sanitary provisions have been made for construction of such courts or court apartments, and all necessary fire protection features are incorporated in the construction of such courts or court apartments.

(Prior code § 12-206)

No tents or other dwelling accommodations of a similar character shall be built within the city without first obtaining permission from the city council of the city so to do, and then only if it be proved to the satisfaction of the city council of the city that all necessary provisions have been made for sanitary facilities, and that adequate fire protection is provided.

(Prior code § 12-207)

The chief building inspector is empowered, authorized and directed to enforce each and all of the provisions of this chapter and the building code adopted hereby, and for such purpose he shall have powers of a police officer together with the further power to act in any capacity designated or required by the Uniform Building Code so adopted when there is no equivalent officer appointed so to act.

(Prior code § 12-208)

All modifications, amendments, and changes to the hereinabove designated building code shall hereafter be made by ordinance duly adopted by the council.

(Prior code § 12-209)

Buildings or structures moved into or within the city shall comply with all the provisions of the Uniform Building Code as adopted and all other ordinances pertaining thereto. No such building or structure shall be moved until the required permits so to do shall have been obtained.

(Prior code § 12-210)

No permit for the moving of any buildings or structure shall be issued until the building inspector has first issued to the owners of the premises in the city onto which the building is to be moved a permit to relocate the particular building upon those premises.

(Prior code § 12-211)

Every application for a relocation permit shall be in writing upon a form furnished by the building inspector and shall set forth such information as may reasonably be required in order to carry out the purposes of this section. Such information may include: that information required by the Uniform Building Code.

(Prior code § 12-212)

A.

Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the building inspector to cover the cost of investigation and inspection. This application fee shall be in addition to any other fees provided to be paid under the Uniform Building Code, ordinances or resolutions.

B.

Upon acceptance of any application for a relocation permit, the building inspector shall cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved.

C.

The building inspector shall also cause to be posted on the premises onto which the building is to be moved a notice stating that such application for relocation permit has been received and that a decision will be made on such application by the building inspector within five days of the posting of such notice. Such notice shall describe the then present location of the building to be moved.

D.

When the building inspector shall have rendered his decision on said application, he shall cause the premises onto which the building is to be moved to be posted with a notice setting forth the results of his decision and stating that any interested party aggrieved by such decision may file an appeal from such decision within ten days of the posting such notice with the city council of the city who shall within and not to exceed forty days following the receipt of the notice of appeal shall conduct a public hearing on the matter at which hearing the applicant may present his reasons for the granting of the application and the building inspector may present his reasons for the denial of the application. Not more than forty days following the hearing the city council shall advise the city clerk of its decision, which decision shall be sent by registered mail to the applicant. The action by the city council shall be final and conclusive.

(Prior code § 12-213)

Footnotes: --- (1) ---

*  Editor's Note : Prior code § 2-213 was amended per city instructions during 1991 codification.

A.

No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous; or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to be materially detrimental to the property or improvements in the district into which the building is to be relocated; if the proposed use is prohibited by any provision of the ordinances or by any other law; provided, however, that if the conditions of the building or structure in the judgment of the building inspector admits of practical and effective repair the permit may be issued on such terms and conditions as the building inspector may deem reasonable and proper including but not limited to the requirement of changes, alterations, addition or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either in the district into which it is to be moved and that said building or structure will comply with all building code requirements of the city in effect at the time of relocation.

B.

The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. The terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber, and other debts and the filling of basements, cellars, or other excavations remaining from the removal of the building or structure from the premises from which it is moved when such premises are within the city.

(Prior code § 12-214)

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.

(Prior code § 12-215)

No relocation permit required by this section shall be issued by the building inspector unless the applicant therefor shall first post with him a bond executed by owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten percent of the work required to be done in order to comply with all of the conditions of such relocation permit as such cost is estimated by the building inspector. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash bond" for the purpose of this section. No bond, however, need be posted in any case where the building inspector shall determine that the only relocation involved is that of moving the building temporarily to the regularly occupied business premises of a house mover.

(Prior code § 12-216)

Every bond posted pursuant to this section shall be conditioned as follows:

A.

That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the building inspector;

B.

That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety days after the date the building is moved to its new location. The time limit herein specified, or the time limit specified in any permit, may be extended for good sufficient cause by the building inspector. No such extension shall release any surety upon any bond.

(Prior code § 12-217)

A.

Whenever the building inspector shall find that a default has occurred in the performance of any term or condition of any permit required by this section, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the building inspector to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay to the building inspector the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of the estimated cost. Upon the receipt of such moneys, the building inspector shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. The balance, if any, of such moneys shall upon completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost incurred in obtaining the completion of the work.

B.

If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the building inspector shall proceed without delay and without further notice or proceedings whatever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the building inspector.

C.

When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option in lieu of completing the work required to demolish the building or structure and to clear,

clean and restore the site. If the surety defaults, the building inspector shall have the same option.

D.

In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, or the building inspector or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

E.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the city engaged in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof.

(Prior code § 12-218)

The terms of each bond posted pursuant to this section shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the building inspector of the performance of all the terms and conditions of the relocation permit required by this section. Such completion shall be evidenced by a statement thereof signed by the building inspector, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided.

(Prior code § 12-219)