Shasta County Municipal Code Art. I General Provisions and Administration

A. The regulations and administrative provisions set forth directly in the text of this chapter control over any inconsistent provision contained in any primary or secondary code adopted by reference in this chapter.

B. The provisions of this chapter apply throughout the unincorporated portion of the county, and apply to the state and to all cities and other local agencies to the extent permitted by law. The provisions of this chapter apply to public lands, as defined in the Federal Land Policy and Management Act (43 USC 1701 et seq.) to the extent permitted by that Act or other federal law, or regulations adopted or agreements made with the county pursuant thereto.

C. If any provision of this chapter conflicts with any provision of the zoning plan, the provision of the zoning plan has precedence over the provision of this chapter. For the purposes of this section and Section 16.04.200, the zoning regulations in effect on the date a permit is issued or reissued, or proposed to be issued or reissued, under this chapter apply to the permit and the uses or activities for which the permit is required, unless the board of supervisors by ordinance directs otherwise for a particular amendment of zoning regulations.

(Prior code § 3719)

A. The following work is exempt from the permit requirements only of this chapter and of any code adopted by reference in this chapter:

1. Work exempted from the requirement of a building, plumbing, electrical, or mechanical permit under Appendix Chapter 1 of Title 24, Part 2, of the California Code of Regulations;

2. Work of a total value of less than four hundred dollars for materials and labor, provided that it does not interfere with the function of an existing structure or alter in any way the operation of a plumbing, electrical or mechanical system;

3. Any bridge, designed, intended, and used solely for pedestrian traffic and that is not more than five feet wide and that has a clear span not more than twenty feet long;

4. Any bridge constructed as a condition of approval of a timber sales plan imposed by the California Department of Forestry or the U.S. Forest Service;

5. Any nonportable swimming pool capable of a water depth of not more than two feet;

6. Any open wire mesh or agricultural fence;

7. Any independently supported sign if no part of the sign is higher than ten feet above grade and the display area of the sign does not exceed two hundred square feet;

8. Installation of any prefabricated culvert;

9. Construction of any earth-filled dam;

10. Construction and repair of agricultural accessory buildings used or to be used in full-time farming or ranching operations as described in Sections 17.88.060 and 17.06.060 of this code. As used in this chapter, "agricultural accessory building" includes any structure designed and used exclusively for housing livestock, poultry or farm machinery, or to store hay, grain or farm supplies and does not include any structure which requires the presence of workers, customers or assemblages of any kind within it to carry out the purpose for which the building is designed, built or to be used.

B. Exemption from the permit requirements of this chapter does not authorize any work to be done in any manner in violation of this chapter or any other law.

C. A garage for passenger automobiles, accessory to a one-family or two-family residence, is exempt from the requirement that an accessory building be constructed simultaneously with or after construction of the main building at the building site, but any building permit issued for a garage to be constructed before construction of the main building shall include on its face or by attachment the following printed restriction:

Construction, installation or use of the garage authorized by this permit does not authorize the structure to be equipped or used for residential purposes or human occupancy of any kind. The issuance of this permit for this garage is not a representation that any other permit for residential or other use at the same location or on the same parcel will be issued in the future by the county.

By accepting this permit, the applicant acknowledges that 1) other permits will be required for the construction or installation of a main building or mobile home on the parcel and may be required for the use or activity for which this accessory structure is needed; and 2) each permit will be subject to the zoning, building and related ordinances and development standards in effect at the time the permit is issued or reissued, or proposed to be issued or reissued.

(Ord. 2007-2 §§ 1, 2, 2007; Ord. 494-346 § 2, 1990; Ord. 494-338 § 1, 1989: Ord. 494-328 § 1, 1987: prior code § 3702)

The following terms as used in this chapter have the meanings indicated, unless the context in which a term is used requires another meaning:

"Alter" or "alteration" mean any change or modification in construction, installation or building service equipment.

"Board of appeals" means the board of building appeals established in Section 16.04.070.

"Building department" means the building department or the health department, as appropriate.

"Building official," "administrative authority" and similar references to a chief administrative position mean the building official of the county and his designees; provided, however, that where such terms are used in conjunction with those duties imposed upon the health officer, these terms mean the health officer and his designees.

"Building service equipment" means the plumbing, mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooking, refrigeration, firefighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.

"County" means the county of Shasta when referring to a political entity, or the unincorporated area of the county when referring to area.

"Fire warden" means the chief of the county fire department.

"Mobilehome" is a structure, transportable in one or more sections, designed and equipped to contain a dwelling unit, to be used without a permanent foundation, and containing more than three hundred twenty square feet of floor space and is either certified under the National Mobilehome Construction and Safety Act of 1974 (42 U.S.C. Section 85401, et seq.) or complies with all adopted safety criteria established for mobilehomes constructed before the effective date of the 1974 Mobilehome Construction and Safety Act. "Mobilehome" does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing as defined in the California Health and Safety Code.

"Occupancy" means the purpose for which a building, mobile home or part thereof is used or intended to be used. The term "occupancy" includes the building, mobile home or part thereof housing such use.

"Owner" means any person having a legal or equitable interest in or in possession of the property.

"Permit" means an official document or certificate issued by the building official, health officer or fire warden authorizing performance of a specified activity.

"Person" means a natural person, his heirs, executors, administrators or assigns, and includes but is not limited to any firm, association, partnership, corporation, joint venture, social club, fraternal organization, business trust, receiver, syndicate, or other group or combination acting as a unit or the successors, assigns or agents of any of them and any public agency, public entity, public utility or municipal corporation, except the county.

"Recreational vehicle" means any motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency purposes, and which may be moved upon a public highway without a special permit or chauffeur's license or both. The vehicle may not exceed three hundred twenty square feet in size.

"Repair" means the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

"This chapter" means this chapter of this code and includes any code adopted by reference in this chapter.

(Ord. 494-346 § 1, 1990: prior code § 3701)

A. The director of community development is the building official. He shall supervise the operations of the building department and appoint a chief building inspector. The building official is responsible for the issuance of all permits required by this chapter, except those permits issued by the health officer or fire warden. He shall supervise and have charge of all inspection work required in the proper enforcement of regulations imposed by this chapter, except that specifically reserved to the health officer or the fire warden, and shall perform related duties as directed by the board of supervisors. He is the executive officer of the board of building appeals and shall attend all meetings of that board.

B. The health officer is responsible for the issuance of permits or approval of waivers for all sewage disposal systems. He shall inspect all premises for compliance with operating regulations set forth in this chapter and other provisions of law which he is to enforce. If he determines that a violation of regulations imposed by this chapter or other laws has occurred or is occurring which endangers or may endanger the public health, he may initiate abatement proceedings under Section 16.04.060, or he may use any other procedure provided by law for abating such nuisance. In performing his duties he shall consult with fire officials when a fire hazard may exist and may call upon the building official or fire warden for assistance in investigating structural conditions.

C. The fire warden is responsible for the issuance of the permits required by applicable provisions of the Uniform Fire Code and this code. If the fire warden determines that a violation of applicable fire prevention, protection or suppression laws or standards has occurred or is occurring that endangers or may endanger people or property, he may initiate abatement proceedings under Section 3717 or resort to any other procedure provided by law for abating the violation. Whenever a fire protection district or other local agency establishes fire protection requirements or provides fire suppression services by resolution or ordinance of its governing board, the fire warden may decline to enforce any provision of this chapter if he certifies in writing to the board of supervisors that the subject matter of provision is adequately addressed by the agency's resolution or ordinance and, in the case of permit applications, the agency provides for review by the community development department for compliance with the zoning plan prior to the issuance of the permits.

D. The building official, health officer or fire warden, may enter and inspect, during reasonable times, all buildings, mobile homes, structures or premises within the county whenever necessary to secure compliance with, or prevent a violation of, any provision of this chapter and any related rules, regulations or orders that the county has power to enforce. Application may be made to the superior court for an inspection warrant when necessary.

(Ord. 494-346 § 3, 1990; prior code § 3703)

A. Whenever the building official finds that work has been done for which a permit is required and a valid permit for the work has not been issued, or which exceeds that authorized by a valid permit, or which does not comply with the terms of a valid permit, or which has not received a final inspection by the building official prior to expiration of the permit authorizing the work, the building official may proceed under the provisions of this section.

B. If any work described in subsection A of this section is not completed prior to expiration of the permit which authorizes the work, the building official shall give written notice to the owner, as shown on the latest equalized assessment roll, that unless, within thirty days of the date of the notice, a request for final inspection of the work is made to the building official, or an application for reissuance of the permit is made pursuant to Section 16.04.200 B, the building official may record a notice of noncompliance in the office of the county recorder, as set forth in subsection C of this section. In all other cases, the building official shall first invoke the procedures provided by Section 16.04.060 prior to proceeding under subsection C of this section.

C. A notice of noncompliance shall identify the property, the owner of record, as shown on the latest equalized assessment roll, and the work or structure to which the notice applies, and shall state that the work or structure has not received a final inspection from the building official and that the owner has been so notified.

D. A recorded notice of noncompliance shall remain of record until such time as a final inspection is conducted and the work or structure is found to comply with the applicable requirements of this chapter.

E. An owner of real property or his agent may apply for issuance by the building official of a notice of compliance after any structure or work on the owner's property subject to a notice of noncompliance is found to comply with the requirements of this chapter. The owner or his agent may record a notice of compliance so issued in the office of the county recorder.

(Prior code § 3718)

A. Whenever the building official finds that work has been done for which a permit is required and a valid permit for the work has not been issued, or which exceeds that authorized by a valid permit, or which does not comply with the terms of a valid permit or which constitutes a nuisance, or that any building, structure, mobile home or equipment regulated by this chapter is being used contrary to the provisions of this chapter, he shall post a stop order at the site and serve a copy on the owner, if present. If the property owner is not then present, a copy of the order shall be mailed to the owner at the address set forth on the permit application, or, if there is no permit, to the owner shown on the latest equalized assessment roll. As used in this section, "owner" includes the owner of record or anyone claiming ownership or anyone in possession of the property. The stop order shall state the nature of the violation, defect or nuisance. If the work was done or is being done without a valid permit, the order shall direct that no further work be done without a valid permit issued by the appropriate building official. If the work exceeds that authorized by a valid permit, or was done without compliance with the terms of a valid permit, or constitutes a nuisance, the order shall direct that no further work be done until a new permit is issued, or that the work be brought into compliance with the terms of the permit or the nuisance abated within thirty days. If the occupancy violates the provisions of this chapter, the order shall direct that it cease unless and until required permits and inspections have been secured. If deemed appropriate by the building official, the order may direct that all or part of any work being done pursuant to a valid permit be stopped.

B. Unless conditions immediately affecting health or safety are present, every notice or order of the building official issued under this section shall be posted and, when necessary, mailed five days prior to the time for doing or refraining from doing the things to which it pertains. Every stop order, except an order directing that a permit be obtained, shall contain a notice that an appeal of the order may be filed in writing with the building official within fifteen days after the order is posted.

C. While a stop order is in effect, the building official shall not issue any other permits to the owner or permittee for any work related to the work or occupancy for which the order was issued, except as required to correct the defect or violation or abate the nuisance.

D. If the owner or permittee complies with a stop order and corrects the defect or violation or abates the nuisance within thirty days of its posting, the building official shall cause the order to be removed from the site and shall mail notice that the stop order has been revoked to the person to whom the stop order was mailed.

E. Except as provided in subsection G of this section, if the owner or permittee appeals a stop order to the building official in writing and within fifteen days of its posting, the building official shall immediately present the matter to the board of appeals. If the board determines that all or some of the violations, defects or nuisances stated in the order probably do exist, the board shall set the matter for hearing before it at a specific time and place and shall mail to the owner or permittee a written citation to voluntarily appear at the hearing to show cause why the defects, violations or nuisances have not been corrected or abated. A copy of the citation shall be posted at the site in the same manner as the order was posted. This procedure shall not preclude the health officer from pursuing any other remedy available under state or county law.

F. At the hearing, the board of appeals shall hear all interested persons and, if it determines that any defects, violations or nuisances exist which have not been corrected or abated after due notice to do so, it may request the county counsel to initiate appropriate action in the superior court. If the board determines that no defect, violation or nuisance exists, the building official shall remove the stop order from the site.

G. When the building official is satisfied that the owner will not comply with the stop order directing that a permit be obtained for work done or being done that requires a permit, he shall request that the district attorney prosecute the owner for violation of Section 16.04.160 and any other violations of law committed on the property and that the county counsel initiate appropriate civil action.

H. When a defect or violation disclosed during a final inspection is not corrected within fifteen days of the inspection, the building official may proceed under this section to remedy the defect or violation. No certificate of occupancy shall be issued unless and until all such defects or violations are remedied.

I. No person shall deface, destroy, amend or remove a stop order without the written authorization of the building official.

J. Whoever does work or causes or permits work to be done or an occupancy to exist in violation of a stop order is guilty of a misdemeanor. Whoever defaces, destroys, amends or removes a stop order without the written authorization of the building official is guilty of a misdemeanor.

(Prior code § 3717)

A. There is in the county a board of building appeals composed of five members appointed by the board of supervisors for two-year terms ending on December 31st of every even-numbered year. The board members shall include a licensed architect, engineer or certified building designer; a representative of a construction trade union; a licensed building contractor; a representative of a financial institution and a citizen representing the public at large. During their terms members serve at the pleasure of the board of supervisors. Vacancies by other than the expiration of a member's term shall be filled for the remainder of the unexpired term. The board of appeals shall adopt rules for the conduct of its investigations and hearings and shall meet upon the call of the building official, its chairman, a majority of its members or the board of supervisors.

B. The board shall:

1. Hear appeals from decisions or determinations of the building official pursuant to Sections 16.04.050 and 16.04.060 and thereafter affirm, modify or reverse any such decision or determination that is within its jurisdiction to review;

2. Determine the suitability of alternate materials and types of construction;

3. Provide reasonable interpretations of this chapter, other than legal interpretations;

4. Recommend legislation to the board of supervisors on matters within the purview of this chapter;

5. Perform other duties as assigned by the board of supervisors.

(Ord. 90-4 § 1, 1990; prior code § 3704)

A. An applicant for a permit issued under this chapter, or the holder of a permit issued under this chapter, or the owner of real property may appeal a decision or determination of the building official or the fire warden, except a decision to prosecute a violation of this chapter, to the board of appeals within thirty days of the decision or determination by filing a written appeal with the building official or fire warden. The appeal shall set forth the grounds and reasoning upon which it is based. The board shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The board shall render its decision in writing to the building official or fire warden within ten days of the close of the hearing and shall concurrently mail a copy of its decision to the appellant. Unless an appeal of the decision of the board of appeals to the board of supervisors is taken within ten days after the decision is made, the decision of the board of appeals is final.

B. Appeals to the board of supervisors from the decision of the board of appeals may be taken by either the appellant before the board of appeals or the building official or the fire warden by filing a written appeal with the clerk of the board of supervisors. The appeal shall set forth the grounds and reasoning upon which it is based. The clerk shall set the matter for hearing for the board of supervisors within ten days of the filing of the appeal and shall give the appellant and the building official or fire warden notice of the date and time of the appeal. The board shall render its decision within ten days of the close of the hearing and the decision of the board is final. The board may affirm, modify or reverse only the decision, or portion thereof, which is appealed. The clerk shall send a copy of the board's decision to all parties to the appeal.

C. As used in this section, "building official" does not include the health officer or his designees.

(Prior code § 3705)

It is unlawful for any person to use or cause, or permit to be used for occupancy any mobile home supplied with fuel gas, water or electricity, unless such connections and installations conform to state law and regulations adopted thereunder and an installation permit has been issued where required by this code. Each day of such occupancy shall be deemed a separate violation of this section.

(Prior code § 3708)

A. From and after the effective date of this section mobile homes, as defined in Title 17 of this code, are subject to the following conditions:

1. It is unlawful to install or modify the installation of a mobile home prior to the issuance of an installation permit by the building official. As used herein, "installation" includes site preparation, construction of a sewage disposal system, placement of the mobile home, hooking up utilities and construction of any accessory structures. Fees for installation permits shall be established by resolution of the board of supervisors.

2. Site preparation and installation shall conform to state and county law and regulations adopted thereunder.

3. Mobile homes shall have a floor area of more than three hundred twenty square feet as defined in Section 16.04.030.

4. Opaque metal or termite-resistant screening between the bottom of the siding and the ground surface shall be installed prior to the issuance of a certificate of occupancy. Screening shall not be required for temporary residential facilities permitted under Section 16.04.110.

B. The provisions of this section shall not apply to any mobile home permanently placed on a foundation system pursuant to a valid building permit.

(Ord. 494-346 § 5, 1990; prior code § 3709)

A. A mobile home or travel trailer may be placed at a building site and used as a temporary residence by the owner of the site during the construction of a one-family or two-family residence or pending installation of a mobile home if:

1. The owner of the site will occupy the residence or mobile home when it is constructed or installed, and

2. Any required use permit and the building permit or mobile home utilities permit are first obtained, and

3. In the case of a temporary mobile home, the requirements of Sections 16.04.100 and 16.04.170 have been met, or in the case of a travel trailer, the requirements of Section 16.04.100 have been met.

B. All permits issued under Sections 16.04.090 or 16.04.100 to meet the requirements of this section are temporary permits and expire automatically upon the expiration of the building permit or the mobile home installation permit issued for the building site; or upon issuance of a certificate of occupancy for the permanent residence or permanent mobile home; or upon occupancy of the permanent residence or mobile home, whichever occurs first. Each temporary permit shall be clearly marked with the words, "Temporary permit. Expires on :rule;" and shall state the known date of expiration.

C. Any temporary mobile home placed at a building site under provisions of this section shall be disconnected from all utilities within fifteen days and removed from the site within sixty days of the expiration of the temporary permit.

D. Alternative regulations addressing temporary residential facilities when the board of supervisors declares a local emergency due to a natural or human-caused disaster where homes and property are destroyed and people displaced, are provided in Section 2.72.100 of the Shasta County Code.

(Ord. 494-346 § 6, 1990; prior code § 3710)

(Ord. No. 2015-02, § 3, 11-17-2015)

A. Prior to issuance of a certificate of occupancy for any building or mobile home, or any addition to a building or mobile home, the building official shall require that the building site provide defensible space for a distance of not less than one hundred feet on each side of the structure or to the property line, as required by Section 4291 of the Public Resources Code.

B. The fire flow required before any building may be constructed or mobile home installed within the county shall be determined by reference to the county development standards. The fire warden shall recommend appropriate fire standards to the board of supervisors for inclusion in the development standards, using as a guide the N.F.P.A. Standard 1231 Water Supplies for Suburban and Rural Fire Fighting, 1975, or the I.S.O. Guide for Determination of Required Fire Flow, 1980, or any other standard necessary in the fire warden's judgment for the prevention or suppression of fires and fire hazards.

C. Fire hydrants currently existing or required to be installed to serve land to be developed shall be capable of providing the fire flow set pursuant to subsection B of this section.

D. The fire warden shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings, mobile homes and premises in the county in accordance with applicable provisions of the Uniform Fire Code and county development standards.

E. All sprinkler systems, fire hydrants systems, standpipe systems, fire alarm systems, portable fire extinguishers and other fire protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired when defective.

(Prior code § 3712)

(Ord. No. 2019-06, § III, 10-22-2019)

When the building official or health officer has reason to believe surface drainage on a proposed building site will threaten or jeopardize the health, safety or welfare of persons using the premises, he may require as a prerequisite to the issuance of a building or mobile home installation permit that the applicant submit a report to him prepared by a registered civil engineer which analyzes the surface drainage and its projected effect on the proposed construction or installation. The building official shall determine the degree of detail required in the report and may condition or deny a permit based on the report.

(Prior code § 3713)

A. No person shall do, cause or permit to be done any work for which a permit is required by this chapter unless a permit for that work is first obtained.

B. No person shall change or permit or cause a change of the occupancy of any structure for which a certificate of occupancy has been issued, unless a new certificate of occupancy has first been secured from the building official.

C. No person shall do or permit or cause to be done any work or any occupancy to exist in violation of any stop order issued pursuant to this chapter.

D. Whenever work for which a permit is required by this chapter has been commenced without first obtaining said permit, an additional penalty fee equal to the amount of the permit fee shall be assessed. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

E. A violation of any provision of this section is a misdemeanor.

(Ord. 2007-2 §§ 3, 4, 2007; prior code § 3720)