Chapter 16.12 — UNSAFE BUILDINGS

(a)

It is the purpose of the provisions of this chapter to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, morals, property, safety and general welfare of the people of the city, or which tend to constitute a fire hazard, may be required to be repaired, vacated or demolished.

(b)

The provisions of this chapter shall apply to all buildings, structures, or nuisances, as defined in section

(Code 1972, § 16.12.010; Ord. No. 929, § 2 (part), 1992)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board of zoning adjustment means the board of zoning adjustment of the city as established in chapter 19.77.

Building official means the building official of the city, or his authorized agents, assistants, deputies or representatives.

Chief means the chief of the fire department of the city, or his authorized agents, assistants, deputies or representatives.

Dangerous building means any building or structure which has any or all of the conditions or defects described in this definition:

(1)

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit;

(2)

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1½ times the working stress or stresses allowed in the building code of the city;

(3)

When any portion thereof has been damaged by earthquake, wind, flood or by any other cause, in such manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the building code of the city for a building of similar structure, purpose or location;

(4)

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(5)

Whenever any portion of the building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one-half that specified in the building code of the city without exceeding the working stress permitted in the building code of the city;

(6)

Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction;

(7)

Whenever the building or structure or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;

(8)

Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;

(9)

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base;

(10)

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more of damage or deterioration to the member or members, or 50 percent of damage or deterioration of a nonsupporting enclosing or outside wall or covering;

(11)

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

(12)

Any building or structure which has been constructed, or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of the city as set forth in the building code of the city or of any provisions of the fire regulations of the city, when so determined and reported by the chief, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings;

(13)

Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than 50 percent or in any supporting member less than 66 percent of the strength, fire resistive qualities or characteristics or weather resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location;

(14)

Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the city's health officer, or is likely to work injury to the health, safety or general welfare of those living within;

(15)

Whenever a building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within;

(16)

Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;

(17)

Any building or structure having broken windows constituting a hazardous condition.

Director of public works means the official of the city responsible for the administration of the public works department of the city. The term "director of public works" means the director of public works or his authorized agents, assistants, deputies or representatives.

Health officer means the official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to public health, sanitation, food handling and environmental health including his authorized agents, assistants, or deputies or representatives.

Occupy means to use for human habitation for living, sleeping, cooking or eating purposes, or any combination thereof or for the conduct of any business, profession, occupation or calling, including the storage of merchandise or materials of any kind, or the keeping of fowls and animals.

Public nuisance means all dangerous buildings, and all buildings or structures which are structurally unsafe, or are partially destroyed by fire, or not provided with adequate egress, or which constitute a fire hazard, as specified by the fire regulations of the city, or any other provisions of law, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, old age, neglect, decay, dilapidation, obsolescence, or abandonment as specified in the building code of the city, or any other provisions of law. Such public nuisance shall be repaired, vacated or demolished as provided in this chapter.

(Code 1972, § 16.12.020; Ord. No. 929, § 2(part), 1992)

(a)

The building official shall cause to be examined every building or structure for the purpose of determining whether or not it is a dangerous building or substandard residential building, as defined under Health and Safety Code § 17920.3 (Substandard building; conditions), within the meaning of this chapter in any of the following events:

(1)

Whenever the building official in his reasonable discretion shall determine that such inspection is necessary;

(2)

Whenever any person files with the building division a verified complaint whereupon there is in the opinion of the building official probable cause to believe that the building or structure is a dangerous building or substandard residential building;

(3)

Whenever the chief of police, director of public works or any officer or employee of the city transmits to the building division a written report from the facts to which there is in the opinion of the building official

probable cause to believe that the building or structure is a dangerous building or substandard residential building.

(b)

The building official shall forthwith make detailed findings and reports showing the condition of the same and the dangerous and unsafe qualities thereof and his recommendation for abatement thereof by report or destruction and demolition thereof. The findings and report shall remain in the office of the building division for review and inspection by the legal or equitable owners of the property to which they relate.

(Code 1972, § 16.12.030; Ord. No. 929, § 2(part), 1992)

If the building official finds that any building or structure, or portion thereof, is unsafe, hazardous or dangerous as defined in section 16.12.020, he shall prepare a notice in writing stating in detail the conditions which render the building or structure, or portion thereof, a nuisance as defined in section 16.12.020.

(Code 1972, § 16.12.040; Ord. No. 929, § 2(part), 1992)

The notice shall set forth the street address and a description sufficient for identification of the building or structure, and the premises upon which the building or structure is located.

(Code 1972, § 16.12.050; Ord. No. 929, § 2(part), 1992)

The notice required by section 16.12.040 shall be written to read substantially as follows:

NOTICE OF HEARING TO ABATE NUISANCE BY REMOVAL OR REPAIR

Notice is hereby given to all persons having any interest in the property known and described as ___________ in the City of Perris, County of Riverside, State of California and more particularly described as Lot _____ Block _____ in said City of Perris, that they should appear before the Board of Zoning Adjustment of the City of Perris at its meeting to be held on the ___ day of ____, 20, at the Council Chambers, 101 North "D" Street, in the city of Perris, California at the hour of 1:00 p.m., or as soon thereafter as they may be heard, to show cause, if any they have, why certain condition(s) located or standing on said property shall not be declared a public nuisance and said nuisance be abated by the removal or repair of said condition(s); otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City of Perris, in which case the cost of such removal or repair shall be assessed upon the lot(s) and land on which said condition(s) is or are removed or repaired, and such cost will constitute a lien upon such lot(s) or land until paid.

The conditions of said property which cause it to be a public nuisance are as follows:

---

---

Dated this ___ day of ____, 20.

---

BUILDING OFFICIAL CITY OF PERRIS, CALIFORNIA

(Code 1972, § 16.12.060; Ord. No. 929, § 2(part), 1992)

(a)

The building official shall cause copies of said notice to be served upon each of the following: The person, if any, occupying or in real or apparent charge and control of the premises involved, the owner of record title to the premises, the holder of any mortgage, trust deed, or other lien or encumbrance of record on the premises, the owner or holder of any lease of record to the premises, and the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

(b)

The notice shall be served personally upon any person entitled thereto if he can be found within the city limits. If any person entitled thereto is not found within the city limits, service shall be made by depositing a copy of said notice in the United States mail, properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified, return receipt requested, and addressed to the person entitled thereto at the address of such person as it appears on the last assessment roll of the county or as known to the building official. If no such address so appears or is known to the building official, then a copy shall be addressed to such person at the address of the building or structure involved. Service by registered or certified mail shall be complete on the day of its deposit in the mail. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter.

(c)

One certified copy of the notice shall be conspicuously posted on the building or structure involved.

(d)

The notice shall be posted and served as designated in this section at least 30 days before the time fixed for the hearing before the board of zoning adjustment.

(e)

Proof of service of the notice and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such notice was given and posted. He shall file said declaration in the building official's

office and therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered or certified mail.

(f)

The planning clerk, upon receipt of said notice of hearing to abate nuisance, shall send for recording in the office of the recorder of the county a notice of pendency of the administrative proceeding, and such notice shall constitute notice to any subsequent purchaser or encumbrancer of property involved in said proceedings, and he shall be bound by the proceeding described in this chapter in the same manner as if he had been the owner at the time of commencement of the proceeding and had been properly served at that time. Said notice of pendency of the administrative proceeding shall constitute a lien on the parcel of property on which the condemned structure stands, as described in said notice of pendency of the administrative proceeding.

(Code 1972, § 16.12.070; Ord. No. 929, § 2 (part), 1992)

(a)

If the building official finds from the inspection made pursuant to section 16.12.030 of any building or structure, that there exists therein or on the premises thereof any conditions imminently dangerous to life should such building or structure be or remain occupied by human beings, he may order the immediate evacuation of such building, if occupied, and shall cause to be posted at each entrance thereto a notice reading substantially as follows:

DANGER DO NOT ENTER UNSAFE TO OCCUPY

Building Department of the City of Perris Building Official

(b)

This notice shall remain posted until the required repairs, demolition, or removal is completed and shall not be removed without written permission of the building official and no person shall enter this building except for the purpose of making the required repairs or of demolishing this building.

(c)

Whenever such notice is posted "DO NOT ENTER UNSAFE TO OCCUPY," the building official shall include a notification thereof in the notice of hearing to abate, reciting the emergency and specifying the conditions which necessitate the posting.

(d)

No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice so posted

until the required repairs, demolition, or removal have been completed. Any person violating this section is guilty of a misdemeanor.

(Code 1972, § 16.12.080; Ord. No. 929, § 2(part), 1992)

(a)

The board of zoning adjustment shall, at the scheduled time and as specified in the notice of hearing to abate, proceed to hear and consider any relevant testimony or evidence offered by the building official, chief of police, or other officials or employees of the city and other qualified witnesses, as well as the owner, or responsible person in charge and control of the affected property, or his representatives, mortgagee or beneficiary under any trust deed, lessee, any other person having any estate or interest in said building, structure or premises and any other competent person who may be present and desire to testify respecting the condition of the affected building or structure, the estimated cost of abating the alleged nuisance by repair or removal and any other matters which the board of zoning adjustment may deem pertinent.

(b)

The board of zoning adjustment may continue the hearing from time to time as it shall deem advisable. Upon the conclusion of the hearing, the board of zoning adjustment shall consider the evidence presented and shall make written resolution, make written findings of facts, based upon the evidence, to support its decision and by said same resolution shall make its determination and conclusion with respect to the alleged public nuisance. Failure of the owner or other persons having any interest in the affected property to appear at or be represented at the hearing shall in no way affect the validity thereof.

(c)

The hearing shall be informally conducted, and the technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. During the course of the hearing, the board of zoning adjustment may visit and inspect any building, structure or premises involved in the proceeding and may thereat receive oral testimony of any sworn or unsworn witness.

(d)

The passage and adoption of said resolution requires the affirmative vote of a majority of the total number of board of zoning adjustment members.

(e)

The resolution shall be passed and adopted by the board of zoning adjustment at the close of said hearing, and copies thereof shall be delivered to all interested parties including those enumerated in section

(Code 1972, § 16.12.090; Ord. No. 929, § 2(part), 1992)

If, from the evidence received at the hearing described in section 16.12.090, the board of zoning adjustment determines that the building or structure, or any portion thereof, is unsafe or dangerous and a public nuisance, then it shall by the same resolution referred to in section 16.12.090, order the nuisance abated. Any order to demolish shall not indicate an alternative permission to repair, however, an order to repair may be satisfied by demolition.

(Code 1972, § 16.12.100; Ord. No. 929, § 2(part), 1992)

The order specified in section 16.12.100 shall provide and set forth as follows:

(1)

That the building or structure must be repaired, vacated and repaired or demolished;

(2)

That the occupant, lessee or other person in possession must vacate said building or structure, or that he may remain in possession while repairs are being made;

(3)

That any mortgagee, beneficiary under a deed of trust, lessee or any other person having an interest or estate in said building or structure may at his own risk, repair, vacate and repair, or demolish it;

(4)

The information required by sections 16.12.050 and 16.12.060;

(5)

A statement of the particulars which render the building or structure unsafe and a public nuisance;

(6)

A statement of the things required to be done to effectuate the required repair, vacation and repair or demolishment;

(7)

The time within which the work required must be commenced, which shall be not less than ten days after the passage and adoption of the resolution;

(8)

A reasonable time within which the required work shall be completed.

(9)

The name, address, and telephone number of the agency that issued the notice or order.

(10)

Information that the lessor cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code.

(Code 1972, § 16.12.110; Ord. No. 929, § 2(part), 1992)

(a)

The building official shall cause copies of the resolution to be posted on the building or structure involved and served in the manner and upon the persons as prescribed in section 16.12.090.

(b)

The planning clerk shall immediately after passage of said resolution and order cause a certified copy thereof to be recorded in the office of the county recorder.

(Code 1972, § 16.12.120; Ord. No. 929, § 2(part), 1992)

Whenever an order to repair, vacate and repair, or demolish any building or structure, or any portion thereof has not been complied with within the time set by the board of zoning adjustment, the building official or the board of zoning adjustment shall have the power, in addition to any other remedy provided for in this chapter, to cause the building or structure:

(1)

Ordered to be repaired to be vacated until such time as the necessary repairs have been made. No person shall thereafter occupy or permit to be occupied any such building until and unless the necessary repairs have been made and the building official has approved same and issued a permit to reoccupy said building or structure;

(2)

To be repaired or demolished and the land restored to a reasonably clear and level condition, including the filling of any excavation to the finished grade of the surrounding area. The building official may sell any such building or structure singly or otherwise. Any surplus from the sale of any building or structure, or group of buildings or structures over and above the cost of demolition, and of cleaning the site, shall be retained to be distributed to the parties or persons lawfully entitled thereto. Immediately upon completion of said abatement by demolition, the building official shall cause a notice of said completion to be recorded in the office of the county recorder.

(Code 1972, § 16.12.130; Ord. No. 929, § 2(part), 1992)

(a)

The building official shall keep an account of the cost (including incidental expenses) of abating said nuisance on each separate lot or parcel of land where the work has been done and upon completion of the repair or demolition of any building or structure, or any portion thereof, he shall cause to be prepared and filed with the board of zoning adjustment an itemized report specifying:

(1)

The work done;

(2)

The cost of the repair or demolition work including any salvage value of such buildings or structures, and incidental expenses;

(3)

A description of the real property upon which the building or structure was located;

(4)

The names and addresses of the persons entitled to notice pursuant to section 16.12.070; and

(5)

The assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.

(b)

Any such report may include repair or demolition work on any number of parcels of property, whether contiguous to each other or not.

(c)

The term "incidental expenses" includes, but is not limited to, the expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this chapter.

(d)

The advanced cost of such work shall be from the general fund of the city, and proceeds of any sale or redemption shall be deposited in the general fund of the city.

(Code 1972, § 16.12.140; Ord. No. 929, § 2(part), 1992)

Upon filing of the report by the building official with the planning clerk, the planning clerk shall transmit it to the board of zoning adjustment and the board shall fix the day, hour, and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such repair or demolition, and any other interested persons. At least ten days before the date set for the hearing, the planning clerk shall cause copies of the building official's report and

a notice of the filing of his report, containing a description of the property sufficient to enable the persons served to identify it and specifying the day, hour and place when the board will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons specified in section 16.12.070.

(Code 1972, § 16.12.150; Ord. No. 929, § 2 (part), 1992)

Any person interested in and affected by the proposed assessment may file written protests or objections with planning clerk at any time prior to the hour and date set for the hearing on the report of the building official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the board shall hear and pass upon the report of the building official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the repair or demolition, and any other interested persons. The board may make such correction, revision or modification in the report as it may deem just, and when the board is satisfied with the correctness of the assessment, the report as submitted, or as revised, corrected or modified, together with the assessment, shall be confirmed by resolution.

(Code 1972, § 16.12.160; Ord. No. 929, § 2(part), 1992)

(a)

The amount of the cost of abating such nuisance upon the various lots or parcels of land, including incidental expenses, as confirmed by the board of zoning adjustment, constitutes a special assessment against the respective lots or parcels of land, and as thus made and confirmed shall become the personal obligation of the respective owners of said lot or parcel of land. Said assessment shall be due and payable 30 days from the date of confirmation thereof, and thereafter shall bear interest at the rate of six percent per year until paid. Said confirmed special assessment shall also constitute a lien on said property for the amount of such assessment, respectively, until paid.

(b)

Immediately upon the confirmation of the assessment, the planning clerk shall cause to be filed in the office of the county recorder a notice of lien in substantially the following form:

NOTICE OF LIEN (Claim of the City of Perris)

Pursuant to the authority derived by the provisions of chapter 16.12 of the Perris Municipal Code of the City of Perris, the Director of Planning and Community Development, on or about the ___ day of ____, 20, cause the premises hereinafter described, to be rehabilitated, or the building or structure of the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the Board of Zoning Adjustment of the City of Perris, did on the ___ day of ____, 20, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described, and

that said City of Perris does hereby claim a lien on such rehabilitation, repair or demolition in an amount of said assessment, to-wit: the sum of $_____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is hereby claimed, is that certain parcel of land lying and being in the City of Perris, County of Riverside, State of California, and particularly described as follows:

(Description)

Dated this ___ day of ____, 20.

CITY OF PERRIS, a Municipal Corporation

---

Director of Planning and Community Development, City of Perris, California

Attest:

---

Planning Clerk

Such lien shall, for all purposes, be upon a parity with the lien of state, county and city taxes.

(Code 1972, § 16.12.170; Ord. No. 929, § 2(part), 1992)

After the confirmation of the building official's report of cost and assessment, a certified copy of said confirmed special assessments, which remain unpaid, shall be filed with the assessor and tax collector of the county acting for the city in order that said county officials may enter the amounts of the respective assessments on the appropriate assessment book opposite the description of the particular property. Thereafter such amounts shall be collected at the same time and in the same manner as general city taxes are collected, and shall be subject to the same penalties and interest, and the same procedure under foreclosure and sale in case of delinquency as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessments.

(Code 1972, § 16.12.180; Ord. No. 929, § 2 (part), 1992)

Whenever any person is aggrieved by any final order of the board of zoning adjustment issued pursuant to section 16.12.100 or the confirmation of an assessment made pursuant to section 16.12.160, such person may appeal to the city council the issuance of said order or confirmation by filing a written appeal within ten

days in accordance with the provisions of title 19 (zoning). The city council may affirm in whole or part, modify or reverse the decision of the board of zoning adjustment.

(Code 1972, § 16.12.190; Ord. No. 929, § 2(part), 1992)

It is unlawful for any person to obstruct, impede or interfere with any officer, agent or employee of the city or with any person who owns or holds any estate or interest in any building or structure or any portion thereof, which has been ordered to be repaired, vacated and repaired, or demolished, or with any person to whom such building or structure has been lawfully sold pursuant to the provisions of this chapter, whenever any such officer, agent, employee, purchaser or person having an interest or estate in such building or structure is engaged in repairing, vacating and repairing, or demolishing any such building or structure pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto.

(Code 1972, § 16.12.195; Ord. No. 929, § 2(part), 1992)

(a)

The provisions of this chapter shall repeal by implication any provision of the fire regulations of the city, the building code of the city or any other law or ordinance of the city, and the adoption of the ordinance codified in this chapter shall not affect or diminish the power or authority of any officer or employee of the city to condemn any building or structure erected or maintained in violation of any provision of the fire regulations of the city, the building code of the city or any other law or ordinance of the city.

(b)

The provisions of this chapter shall not relieve a property owner of the requirements of this Code requiring a permit for the repair or demolition of a building or structure.

(Code 1972, § 16.12.200; Ord. No. 929, § 2(part), 1992)

(a)

The building official of the building department, in this chapter is charged with enforcement of the provisions of this chapter. All the powers and duties vested in the building official relating to the abatement of dangerous, unsafe and dilapidated buildings and structures pursuant to this chapter may be exercised and performed by the fire chief of said city, referred to in this chapter as "chief." Officials named in this chapter include assistants, deputies and authorized representatives of such officials.

(b)

The city health officer, the fire chief, the city's code enforcement officer, and city's director of public works shall make or cause to be made, at the request of the building official, such inspections of properties and

report thereof as the building official requires to assist him in enforcement of the provisions of this chapter.

(Code 1972, § 16.12.210; Ord. No. 929, § 2(part), 1992)

(a)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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:

(1)

A community apartment project.

(2)

A condominium project.

(3)

A planned development.

(4)

A stock cooperative.

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

(1)

Email;

(2)

The internet;

(3)

Facsimile.

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:

(1)

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 $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

(2)

For photovoltaic systems: an amount not to exceed $1,000.00 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.

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

(1)

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

(2)

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 county and all state, city and county health and safety standards.

(3)

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

(4)

A solar panel or module array that does not exceed the maximum legal building height as defined by the city and county.

Solar energy system means either of the following:

(1)

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.

(2)

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.

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.

(b)

Purpose. The purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (chapter 521, Statutes 2014) to achieve timely and cost- effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and county, and expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

(c)

Applicability.

(1)

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

(2)

Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance from which this chapter is derived are not subject to the requirements of this chapter 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.

(d)

Solar energy system requirements.

(1)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city local fire department or district and utility director, if applicable.

(2)

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.

(3)

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.

(e)

Duties of building division and building official.

(1)

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

(2)

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.

(3)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4)

The city's building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(5)

The small residential rooftop solar system permit process, standard plan, and checklist 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.

(6)

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

(f)

Permit review and inspection requirements.

(1)

The city building division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of the ordinance from which this chapter is derived. The building division shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a 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 city council.

(2)

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

(3)

If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive 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 city planning commission.

(4)

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

(5)

The term "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 subsections (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.

(6)

A city shall not condition approval of an application on the approval of an association, as defined in section 4080 of the Civil Code.

(7)

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.

(8)

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 performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority.

(9)

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 provide a four-hour inspection window.

(10)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Code 1972, § 16.12.215; Ord. No. 1321, § 2(16.12.215), 9-29-2015)

(a)

It is unlawful for any owner or other person having charge and control over any building or structure determined by the board of zoning adjustment to be unsafe or dangerous and a public nuisance to fail to comply with any order to repair, vacate and repair, or demolish said building or structure, or any portion thereof, in accordance with any order given as provided for in this chapter.

(b)

It is unlawful for any occupant or lessee in possession to fail to comply with any order to vacate said building or structure, or any portion thereof, in accordance with any order given as provided for in this chapter.

(c)

It is unlawful for any person to remove any notice or resolution posted as required in this chapter.

(Code 1972, § 16.12.220; Ord. No. 929, § 2(part), 1992)