Santa Clara County Municipal Code Art. 5 Permits, Prohibitions and Penalties

No person shall engage in any work, or cause any work to be performed, for which a permit or approval is required by any provision of this title, without first obtaining a permit or approval in accordance with the provisions of this title. County of Santa Clara public facilities are exempt from the requirement to obtain permits or other approvals that may be required pursuant to the County Building Code, County Residential Building Code, County Green Building Standards Code, County Plumbing Code, County Electrical Code and County Mechanical Code. Any exemption from the permit requirements of such codes shall not be construed as authorization to perform any work in any manner that violates the provisions of such codes or any other County ordinances, codes or standards.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.102, § 2, 12-11-07; Ord. No. NS-1100.115, § 2, 12-14-10)

Editor's note— Section C1-68, requiring an electrical permit, derived from Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971; Ord. No. NS-1100.47, § 2, adopted Mar. 20, 1978; and Ord. No. NS-1100.49, § 1, adopted Nov. 6, 1978, was repealed by § 2 of Ord. No. NS-1100.72, adopted Aug. 18, 1987.

The Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for services performed related to permits issued pursuant to the County Building Code, County Residential Building Code, County Green Building Standards Code, County Plumbing Code, County Mechanical Code and County Electrical Code, and for such other building, construction and development regulations as may be incorporated in this title.

(Ord. No. NS-100.38, § 1, 11-2-71; Ord. No. NS-100.41, § 2, 11-14-72; Ord. No. NS-3.16, § 32, 10-8-74; Ord. No. NS-3.19, § 7, 5-4-76; Ord. No. NS-1100.102, § 3, 12-11-07; Ord. No. NS-1100.115, § 3, 12-14-10)

(a) It is unlawful for any person to engage in any work for which a permit is required by this title without first securing, or causing the securing, of such permit from the Building Official. It is unlawful to use, occupy or maintain any building or structure, or cause the same to be done, in violation of the provisions of this title, or in violation of any of the provisions of the codes incorporated herein.

(b) The Building Official may issue a permit to an owner-builder exempt from having a license under state law.

(Ord. No. NS-1100.38, § 1, 11-2-71)

(a) Except as otherwise provided in this section, no permit required by this Code shall be issued to any applicant, and no final inspection shall be made, in connection with any premises or portion thereof upon which there exists a violation of any County ordinance or State law.

(b) Permits may be issued to applicants in connection with any premises or portion thereof on which there exists a violation of a County ordinance or State law if the applicant has executed a compliance agreement and is in the process of completing or has completed the repairs, construction, or reconstruction described in the compliance agreement.

(c) At the discretion of the Director of the Department of Planning and Development permits may be issued to applicants in connection with any premises or portion thereof on which there exists a violation of a County ordinance or State law when such permits are required to abate or remedy a violation of a County ordinance or State law that exists on the premises or a portion thereof, and at least one of the following applies:

(1) The permits do not expand an existing use or add a new use;

(2) The permits are immediately necessary to protect public health, safety, or welfare;

(3) The permits will allow for the full abatement of all existing violations on the premises.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.120, 5-20-14; Ord. No. NS-1100.133, § 1, 1-26-21; Ord. No. NS-300.967, § 47, 11-15-22)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any provision of this title or any of the codes incorporated thereunder or fails to comply with any mandatory requirement of this title or any of the codes incorporated thereunder is guilty of a misdemeanor and shall be subject to the penalties provided for in Section A1-28 of this Code.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.69, § 1, 1-7-86; Ord. No. NS-1100.92, § 1, 6-7-05; Ord. No. NS-300.1003, § 6, 11-18-25)

(a) Any act or omission prohibited by this title or any of the codes adopted thereunder is hereby declared to be unlawful and a public nuisance. Pursuant to section 836.5 of the California Penal Code, the Building Official and his or her representatives are hereby authorized to enforce the provisions of this title and to issue citations for violations thereof. The Building Official and his or her representatives may also seek to abate the nuisance pursuant to Chapter III of Division A1 of Title A of this Code. The Building Official and his or her representatives may also, through the Office of the District Attorney or the Office of the County Counsel, apply to any court of competent jurisdiction for a suitable remedy at law or in equity. In addition to any other relief that the court deems appropriate, the court shall require the violator to reimburse the County for all costs and expenses related to the violation, including but not limited to staff time, abatement and inspection costs, and reasonable attorneys' fees. To the extent required by Government Code Section 25845, in a nuisance abatement action the prevailing party may recover attorneys' fees; however, an award of attorneys' fees against the County shall not exceed the amount of attorneys' fees incurred by the County in the action.

(b) There shall be no civil liability on the part of, and no cause of action shall arise against, the Building Official or his or her representatives acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 3, 8-18-87; Ord. No. NS-1100.76, § 1, 1-10-89; Ord. No. NS-1100.92, § 2, 6-7-05; Ord. No. NS-1100.101, § 1, 8-7-07)

(a) Expiration. Every permit issued by the building official shall expire and become null and void if the building or work authorized by the permit is not commenced within 12 months from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of 12 months at any time after the work is commenced. Before such work can be recommenced, a new permit shall be obtained, and the fee therefor shall be in the amount required for a new permit for the remaining uninspected work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that the suspension or abandonment has not exceeded one year.

Any permittee holding an unexpired permit may apply for an extension of the time within which they may commence work under that permit when they are unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from taking place.

(b) Fee refunds.

(1) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(2) The Building Official may authorize the refunding of any fee paid herein which was erroneously paid or collected.

(3) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

(4) The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 4, 8-18-87; Ord. No. NS-1100.117, § 2, 12-10-13; Ord. No. NS-1100.136, § 3, 12-13-22)

This title shall not be construed as imposing upon the County any liability or responsibility for damages resulting from defective building, plumbing, electrical or heating work; nor shall the County or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Whenever the Building Official or his or her representative has knowledge of a violation of any provision of this title or any code adopted thereunder, the Building Official or his or her representative may provide a notice of intent to record a notice of code violation to the owner of the property upon which the violation is located. Notice shall be provided by posting on the property and by mail at the address shown on the latest assessment roll or at any other address of the property owner known to the Building Official. The notice shall state that within 20 days of the date of the notice, the owner may request a meeting with the Building Official or his or her representative to present evidence that a violation does not exist.

If a meeting is not requested, the violation has not been corrected, or if after consideration of evidence the Building Official or his or her representative determines that a code violation in fact exists, a notice of code violation may be recorded in the Office of the County Clerk-Recorder.

At the request of any affected property owner, the Building Department shall issue a notice of expungement of the code violation upon determination by the Building Official or his or her representative that all of the violations noticed hereunder have been corrected and all related fees have been paid. The notice of expungement may be recorded with the County Clerk-Recorder by the affected property owner at the owner's expense.

(Ord. No. NS-1100.62, § 1, 6-8-82; Ord. No. NS-1100.92, § 3, 6-7-05)