Orland Municipal Code Ch. 15.02 Administrative Code

Footnotes:

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Editor's note— Ord. No. 2022-06, §§ 1—3, adopted Jan. 1, 2022, repealed Ch. 15.02 in its entirety and enacted new provisions to read as herein set out. Former Ch. 15.02, §§ 15.02.010—15.02.120, pertained to similar subject matter and derived from Ord. No. 2020-02, §§ 1—3.

This chapter shall be known and cited as the "city of Orland Administrative Code."

(Ord. No. 2022-06, §§ 1—3)

For purposes of this chapter, the following terms shall have the meaning set forth in this section:

"Building codes" means the city of Orland building codes and each and every ordinance codified therein as adopted by the city council of the city of Orland by ordinance, including, but not limited to, the 2022 California Building Standards Code published by the International Code Council and contained in Title 24 of the California Code of Regulations; 2022 California Building Code published by the International Code Council and contained in Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations; 2022 California Residential Code published by the International Code Council and contained in Title 24, Part 2.5 of the California Code of Regulations; 2022 California Electrical Code published by the NEC National Electric Code and contained in Title 24, Part 3 of the California Code of Regulations; 2022 California Mechanical Code published by the International Association of Plumbing and Mechanical Officials and contained in Title 24, Part 4 of the California Code of Regulations; 2022 California Plumbing Code published by the International Association of Plumbing and Mechanical Officials and contained in Title 24, Part 5 of the California Code of Regulations; 2022 California Energy Code published by International Code Council and contained in Title 24, Part 6 of the California Code of Regulations; 2022 California Historical Building Code published by International Code Council and contained in Title 24, Part 8 of the California Code of Regulations; 2022 California Fire Code published by International Code Council and contained in Title 24, Part 9 of the California Code of Regulations; 2022 California Existing Buildings Code published by International Code Council and contained in Title 24, Part 10 of the California Code of Regulations; 2022 California Green Building Standards Code published by International Code Council and contained in Title 24, Part 11 of the California Code of Regulations; 1997 Uniform Housing Code published by the International Conference of Building Officials; and 1997 Uniform Code for Abatement of Dangerous Buildings published by the International Conference of Building Officials.

"Building official" means the city manager/building-division-manager of the city of Orland or his/her designated representative.

"Limited agricultural building" means a building meeting the definition of "agricultural building" in Part 2, California Building Code, Volume 1, § 202 and also found on the list set forth in Part 2, California Building Code, Volume 2, Appendix C, § C101.1.

(Ord. No. 2022-06, §§ 1—3)

The city manager or his/her designee building official designee is designated to be the authority having jurisdiction of the city of Orland building codes. The building official shall administer, enforce, and render interpretations of all the provisions of this code and the referenced technical codes.

(Ord. No. 2022-06, §§ 1—3)

The purpose of this code is to provide procedures for administration and enforcement of the provisions of the city of Orland building codes and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code.

(Ord. No. 2022-06, §§ 1—3)

The Orland Municipal Code, the 2022 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, 1997 Uniform Housing Code, 1997 Uniform Code for Abatement of Dangerous Buildings as listed above in Section 15.02.020 by reference without further publication, published by the International Code Council, the International Association of Plumbing and Mechanical Officials, the NEC National Electric Code, and the International Conference of Building Officials, is hereby adopted and made part of this title as though fully set forth herein to provide the procedures for administration and enforcement of the provisions of the city of Orland building codes. One copy of the codes shall be kept on file in the building department and shall be available for use and examination by the public.

(Ord. No. 2022-06, §§ 1—3)

The code enforcement officer, the fire chief, the city manager/building official and/or their designees shall be authorized to enter upon private property or public property as provided for in Section 14.01.020 of the city of Orland Municipal Code to enforce the provisions of this title, or for the purpose of making any inspection, re-inspection, or test of any work performed pursuant to this title.

(Ord. No. 2022-06, §§ 1—3)

Any violation of any code and/or uniform code as adopted and amended by ordinance shall be, and the same is declared to be, unlawful and a public nuisance.

(Ord. No. 2022-06, §§ 1—3)

Unless otherwise set forth in this title, the city manager/building official or his/her designated representative shall enforce the provisions of this title pursuant to the provisions of Chapters 1.08 to 1.10, inclusive of, the city of Orland Municipal Code.

(Ord. No. 2022-06, §§ 1—3)

The following penalties shall apply to any violation of a provision of this title, unless a different penalty is otherwise established by the city council and specifically set forth by ordinance:

A. Violation of any provision of this title shall be an administrative violation per the city of Orland Municipal Code. In addition to enforcement by any procedure set forth inclusive, any violation of this title shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars ($1 ,000.00), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Each of the sanctions for administrative violations identified per the city of Orland Municipal Code shall be available for enforcement of the provisions of this chapter.

C. In addition to the criminal penalty set and, based upon the standards for the imposition of administrative sanctions set forth in the city of Orland Municipal Code, a violation of any provision of this title shall be deemed a violation, as that term is described in the city of Orland Municipal Code.

(Ord. No. 2022-06, §§ 1—3)

A. Prior to the suspension, revocation, or denial of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this title, the city manager/ building official and/or his/her designated representative shall follow the procedures as set forth in the city of Orland Municipal Code. The rights to judicial review set forth in the city of Orland Municipal Code shall apply.

B. A notice to correct or stop order shall be served in accordance with the provisions of the city of Orland Municipal Code.

1. Unless otherwise set forth in this title, if the violation that is the subject of the notice to correct concerns the failure to apply for and/or obtain a valid permit, the time allowed for application for a permit shall be no less than seven calendar days and no more than thirty (30) calendar days. A stop order shall accompany the notice to correct and shall remain in effect pending the review of and decision on any permit application.

2. Unless otherwise set forth in this title, if the violation that is the subject of the notice to correct concerns (a) the failure to comply with conditions placed on a permit or other entitlement issued by the city or (b) a violation of any provision of this title, the time allowed to correct the violation shall be a minimum of twenty-four (24) hours and a maximum of ninety (90) calendar days, depending upon the type of action that will be necessary to correct the violation. If the violation creates a potential risk of harm to persons or property, a stop order may accompany the notice to correct, and shall remain in effect until the violation has been remedied to the satisfaction of the building official or his/her designated representative.

3. If the city manager/building official or his/her designated representative determines that there has been a good faith effort to correct the violation(s) set forth in a notice to correct, the building official or his/her designated representative may extend the deadline for compliance for a reasonable period of time. Any such extension shall be memorialized in writing and copy shall be sent by first class mail to all responsible persons c. A notice of administrative violation may be issued pursuant to the procedures established in the Orland Municipal Code.

(Ord. No. 2022-06, §§ 1—3)

In the event of any conflict between this code and any law, rule, or regulation of the federal or state government, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this code.

(Ord. No. 2022-06, §§ 1—3)