Santa Ana Municipal Code § 8-5 Fees

In any case where the city, or any agency or department thereof, is mandated by state law to enforce a building standard contained in the State Building Standards Code, such state code provision shall prevail over any inconsistent provision contained in any uniform or national code which has been incorporated by reference into this chapter.

(Code 1952, § 8000; Ord. No. NS-793, § 2, 4-19-65; Ord. No. NS-1416, § 1, 6-27-78; Ord. No. NS-2085, § 1, 9-17-90)

No final inspection required by any of the provisions of this chapter shall be issued, or applied for, until the executive director of finance and management services or his designated representative shall have certified that applicable license taxes have been paid by all independent contractors who have performed any work or service upon the project for which such final inspection is required.

The building official shall not make such final inspection until the executive director of finance and management services or his designated representative certifies that there has been full compliance with the requirements of Chapter 21 of this Code and all other applicable taxing laws. To obtain such certificate, there shall be submitted to said executive director or his designated representative an affidavit or declaration under penalty of perjury, by the owner of the property or by the contractor having control of the project, upon a form provided by the city, which contains the complete name, street address of the place of business and the telephone number of each contractor and subcontractor who has performed any work or labor, or has rendered any service upon the project for which such final inspection is required.

(Ord. No. NS-1597, § 1, 9-8-81; Ord. No. NS-1806, § 4, 11-18-85)

Whenever a reference is made to the building official or administrative authority in any provision in this chapter, or in any state, uniform or national code incorporated by reference into this chapter, such reference shall be taken to mean the executive director of planning and building or such employee within the planning and building agency of the city as is designated by the said executive director to act in such capacity.

(Ord. No. NS-2522, § 1, 2-3-03; Ord. No. NS-2760, § 1, 12-3-07)

Editor's note— Ord. No. NS-2522, § 1, adopted February 3, 2003, amended § 8-3 in its entirety to read as herein set out. Formerly, § 8-3 pertained to the building official and derived from Ord. No. NS-2085, § 2, adopted September 17, 1990.

The planning commission shall have the power and be required to hear appeals regarding the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the various codes included in this chapter; provided, however, the planning commission shall have no authority to interpret the administration or procedural provisions of such codes not to waive the requirements of such codes. The building official shall be entitled to attend all hearings of the planning commission held pursuant to this section and to present such evidence and argument as he or she deems appropriate with regard to any matter heard by the planning commission pursuant to this section.

(Ord. No. NS-2085, § 3, 9-17-90; Ord. No. NS-2238, § 3, 12-19-94)

Fees and charges for permits, plan review, inspections, reinspections, investigations, hearings or other purposes requiring fees as set forth in this Code shall be established from time to time by resolution of the city council. Any provision of any California, uniform or national code adopted by reference herein as part of this Code that may set forth fees are hereby deemed amended and superseded by this section.

(Ord. No. NS-2085, § 4, 9-17-90; Ord. No. NS-2522, § 2, 2-3-03)

(a) No person shall be issued a permit to perform work requiring a permit under this Code, unless they are:

(1) A licensed contractor;

(2) An employee, agent or authorized representative of a licensed contractor;

(3) A representative of an electronically subscribed service acting on behalf of a licensed contractor; or

(4) The property owner performing their own work; or

(5) An employee of the owner, provided that the owner shows evidence of workers' compensation insurance required by state and city law, and their federal tax identification number.

(b) A person applying for a permit under this Code to perform work on a project consisting of twenty (20) or more residential dwelling units or twenty thousand (20,000) or more square feet of commercial or industrial development shall submit the following information at the time of permit issuance and prior to commencement of work:

(1) A list of all subcontractors and verification of each subcontractor's workers' compensation insurance, state contractor license and license category, city business license and federal tax identification number. No person shall contract or subcontract construction work without a valid contractor's license pursuant to applicable provisions of the state business and professions code.

(2) A disclosure of any pending or final determinations pertaining to state or federal labor code violations and any penalties paid to a government agency related to the provisions of the California Labor Code within the prior five (5) years for all subcontractors.

(c) In the event that the applicant cannot provide a list of valid subcontractors and the information required above upon permit application, the applicant shall provide to the city, within a reasonable period of time after issuance of each permit but prior to commencement of any work pursuant to said permit, all information required by subsection (b). Failure to provide valid and current subcontractor listings prior to commencing work shall result in one or more of the following:

(1) Issuance of a Stop Work Order; and

(2) Revocation of any permit issued by the city; and

(3) The permit applicant paying a penalty for default to the city in an amount equal to the original permit fee for each violation in order to defray city costs of enforcement of this section prior to the issuance of any new permit.

(d) The information required by subsection (b) shall be required at the time when any new contractor or subcontractor is added to the permit.

(e) Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required permits.

(Ord. No. NS-2093, § 1, 1-22-91; Ord. No. NS-2522, § 3, 2-3-03; Ord. No. NS-3039, § 2, 5-2-23)

(a) Except as otherwise provided in this chapter, any person violating any provision of this chapter shall be punished as provided in section 1-8 of this Code, and in addition, all procedures for the correction of illegal conditions shall apply.

(b) Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided.

(c) The issuance or granting of a permit, or approval based on plans, specifications or other data shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter. Permits presuming to give authority to violate or cancel the provisions of this chapter shall be invalid, except insofar as the work or use which is authorized is lawful.

(d) The issuance or granting of a permit, approval or certificate of occupancy based on submitted plans, specifications or other data shall not prevent the administrative authority from:

(1) Thereafter requiring the correction of errors in such plans, specifications or other data; or

(2) Ordering cessation of construction, maintenance, operation, or occupancy when it is in violation of this chapter or of any other ordinance; or

(3) Revoking any permit, approval or certificate of occupancy or completion when issued in; or;

(4) Suspending or revoking any permit, approval, certificate of occupancy or completion when issued on the basis of incorrect information supplied or in violation of any section of this Code.

(e) Any business operated, conducted, or maintained contrary to the provisions of the Santa Ana Municipal Code, shall be abated by the city through the removal of any and all utilities to the property. In addition, it shall be declared to be unlawful and a public nuisance, and the City may impose all additional criminal, civil, and administrative penalties pursuant to applicable law. The cost of such abatement may be recovered by the City as outlined in the provisions of this Code.

(Ord. No. NS-2188, § 1, 3-15-93; Ord. No. NS-2522, § 4, 2-3-03; Ord. No. NS-2957, § 3, 11-20-18)

Should any provision herein duplicate any provision of any state code adopted herein by reference, then the state code section adopted by reference shall be the controlling provision. Should any provision of this Code be deemed invalid by a court of competent jurisdiction, all other provisions shall remain in full force and effect.

(Ord. No. NS-2522, § 5, 2-3-03)

A. Revocation. The Executive Director of the Planning and Building Agency or his/her designee may revoke a permit, approval, certificate of occupancy or completion, after notice and opportunity to be heard by the grantee, upon his/her determination that the permit, approval, certificate of occupancy or completion is being exercised in a manner contrary to the regulations of this chapter which are applicable to the use or activity permitted by such permit, approval, certificate of occupancy or completion.

B. Appeal. Any applicant for a permit, approval, certificate of occupancy or completion whose application is denied by the Executive Director of the Planning and Building Agency, and any grantee whose permit, approval, certificate of occupancy or completion is revoked by said Director, may, within ten (10) days following such decision, appeal such decision pursuant to the provisions of Chapter 3 of this Code.

(Ord. No. NS-2957, § 4, 11-20-18)

A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are sixteen (16) or more apartments, and of every hotel in which there are twelve (12) or more guest rooms, in the event that the owner of any such apartment house or hotel does not reside upon the premises. Only one (1) caretaker would be required for all structures under one (1) ownership and on one (1) contiguous parcel of land. If the owner does not reside upon the premises of any apartment house in which there are more than four (4) but less than sixteen (16) apartments, a notice stating his name and address, or the name and address of his agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.

(Ord. No. NS-2224, § 1, 7-5-94)

Editor's note— As set out in § 2 of Ord. No. NS-2224, adopted July 5, 1994, "those officers and employees of the planning and building agency specified in § 1-18.1 of the Santa Ana Municipal Code are charged with the enforcement of said § 8-10."

(a) Except as provided in subsection (b) of this section, every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade and/or five (5) feet above the finished elevation. Such fence or wall shall be constructed and maintained with no openings nor projections, which could serve as a means to scale the fence or wall. Openings, holes, or gaps in the enclosure, doors, and/or gates shall not allow the passage of a four-inch diameter sphere and horizontal members, accessible from the exterior, shall be no closer than forty-eight (48) inches.

Openings for gates or doors through such enclosure shall not exceed forty-eight (48) inches in width. Each gate or door shall be self-closing and self-latching, with the release five (5) feet above exterior grade or so located on the water side as to prevent release from the exterior.

Exception No. 1: Doors opening into a single detached dwelling unit.

Exception No. 2: Subject to approval by the building official, pool(s) or pond(s) operated by the municipality or public school(s) that are under continuous supervision while the gate(s) or door(s) that provide access to the pool(s) or pond(s) are unlocked.

For occupancies classified as R1, R2, R3, R3.1, and R4 in the building code, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors or openable windows may be used as part of such pool enclosures when within the specified distance of the pool.

Exception: When approved by the building official, such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool.

(b) Subsection (a) of this section shall not apply to any manmade pond or lake, which is designed, constructed, and maintained to conform to all of the following standards:

(1) The maximum water depth of the pond or lake shall not exceed eighteen (18) inches at any place within four (4) feet of the bank. (Bank shall mean the edge of the water or any point adjacent to or under a bridge, dock or similar structure or feature, which provides access to the water.)

(2) From a point four (4) feet from the bank, the water depth may increase at a maximum slope of one (1) inch for every eight (8) inches of horizontal distance away from the bank.

(3) The bottom shall be surfaced within fifteen (15) feet of the bank with concrete, asphalt, soil cement, or other material approved by the building official.

(4) The open areas surrounding the pond or lake within a distance of twenty (20) feet from the bank shall not increase in grade at a slope greater than one (1) inch for every eight (8) inches of horizontal distance away from the bank. Exception: Isolated landscape features such as boulders, mounds, and tree wells are not regulated in the 20-foot area.

(5) The drainage, water level, and overflow system shall be designed with a secondary water level control, which will automatically function to maintain water levels and depths within the limits of these standards in the event of failure or stoppage of the primary control. The design of such system shall be submitted to and receive approval of the executive director of public works and the building official prior to beginning of construction.

(Ord. No. NS-2085, § 5, 9-17-90; Ord. No. NS-2522, § 6, 2-3-03; Ord. No. NS-2760, § 2, 12-3-07)

Pools which are to be abandoned shall be filled solid with granular material to prevent flotation and capped with soil, sand, concrete or asphalt paving material. The pool wall must be perforated with sufficient openings to permit infiltration and exfiltration of groundwater.

All connections to water supply or drains must be capped in accordance with applicable codes. All electrical connections are to be terminated or disconnected in accordance with the electrical code.

(Ord. No. NS-2085, § 6, 9-17-90)

Editor's note— Ord. No. NS-2226, § 1, adopted July 18, 1994, repealed § 8-22, which pertained to location of mechanical equipment and derived from Ord. No. NS-2085, § 7, adopted Sept. 17, 1990. (For further information on mechanical equipment, please see § 41-622.5, which was created by § 2 of Ord. No. NS-2226.)