Soledad Municipal Code Ch. 15.04 General Provisions

A. The building official and all duly appointed subordinates are authorized and directed to enforce all provisions of this title and the referenced technical codes and bulletins.

B. The building official and all duly appointed subordinates, pursuant to the provisions of Section 836.5 of the Penal Code of the state, are authorized to arrest a person without a warrant whenever they have reasonable cause to believe that the person has committed a misdemeanor in their presence which is a violation of any of the provisions of this title and the referenced technical codes and bulletins. Upon making such an arrest, the building official or the delegated subordinate shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the state, the provisions of which are adopted by reference as part of this section.

(Ord. 575 § 2 (part), 2001)

The administration of the several uniform codes, which are made a part of this title, shall be pursuant to the provisions of the 1997 edition of the Uniform Administrative Code, as adopted with modifications in this title.

(Ord. 575 § 2 (part), 2001)

A. The building official may, in specific cases, grant modifications not in conflict with state law from any provision of this title or of the uniform codes adopted in this title whenever he finds that both the following exist:

1. That special circumstances exist in a particular case, and that practical difficulties or unnecessary hardship would result from strict interpretation and enforcement of any such provision;

2. That the granting of a modification would not result in unsafe or unsanitary construction, design or conditions, or public health, safely or welfare;

3. Such modification does not lessen any fire-protection requirements or any degree of structural integrity.

B. In granting any modifications, the building official may impose such conditions thereon as will, in his opinion, substantially secure the objectives of the regulation or provision to which such modification is granted.

C. Application for modifications shall be made in writing on a form prescribed by the building official or the equivalent, whose findings and decision thereon shall be in writing and filed in the office of the building official.

D. The building official may, in his discretion, decline to decide any application for a modification, and may refer the same decision to the board of appeals, which shall, upon such reference, have the same powers as the building official to grant such modification.

E. An applicant dissatisfied with the decision of the building official may appeal to the board of appeals by filing with the clerk or secretary of the board their appeal in writing.

(Ord. 575 § 2 (part), 2001)

A. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretation of provisions of this title, a board of appeals is created, consisting of three members who are qualified by experience and training to pass upon matters pertaining to building construction, who shall be appointed by, and shall hold office at the pleasure of the city council. The building official shall be an ex officio member of and shall act as secretary to the board but shall have no vote on any matter before the board.

B. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

The board of appeals shall hear appeals from all decisions of the building official, including the denial of a modification from the provisions of this title referred to it by the building official. Upon such reference, or upon appeal, it shall have the same power as the building official to grant such modifications and impose conditions thereon.

C. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this title nor shall the board be empowered to waive requirements of this title.

D. Appeals to the board of appeals shall be in writing and shall be filed with its secretary within ten days after written notice of the decision of the building official has been mailed to the applicant. The board of appeals shall hear appeals and applications for modifications referred to it by the building official after not less than five days' notice in writing to the building official and the appellant or applicant.

E. Members of the board of appeals shall serve without compensation, but shall receive their actual and necessary expenses in the performance of their duties.

(Ord. 575 § 2 (part), 2001)

This title shall not apply:

A. To any agricultural building or structure that contains an area of less than five hundred square feet and which is less than two stories in height and which is located on a parcel of land which is more than two and one half acres in size and which land is used primarily for agricultural, horticultural, viticulture or animal husbandry purposes;

B. To any structure used exclusively as a telephone booth or as an outdoor advertising sign, subject to the permit requirements of the California Outdoor Advertising Act;

C. To any building or structure owned by a governmental agency, except local agencies as defined from time to time in Section 53090 of the Government Code, which shall comply with this title to the extent provided in Sections 53090 to 53096, inclusive, of the Government Code, as those sections read as of the effective date of the ordinance codified in this chapter or as they may thereafter be amended;

D. To the installation by an appliance dealer, whether licensed by the state as an electrical contractor or not so licensed, to install electrical appliances sold by the dealer when, and only when, the total installation charge does not exceed fifty dollars, and when all work is done in making such installation is inside the exterior walls of the building or structure involved.

(Ord. 575 § 2 (part), 2001)

The enactment of this title shall not constitute a bar to the prosecution and punishment of any act already committed in violation of the ordinance repealed by this title. No action or proceeding commenced before the ordinances codified in this title take effect, and no right accrued, is affected by this title, but all procedures thereafter taken shall conform to the provisions of this title so far as possible.

(Ord. 575 § 2 (part), 2001)

It shall be unlawful (a misdemeanor) for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment, or cause or permit the same to be done in violation of this title and the technical codes adopted herein. Any structure, construction or installation undertaken or permitted to continue in violation of this title or the codes adopted herein is also declared to be a nuisance and may be abated as such.

(Ord. 575 § 2 (part), 2001)

The building official charged with the enforcement of this title and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or permits or certificates issued under this code.

(Ord. 575 § 2 (part), 2001)

At least one copy of each code adopted by reference under this title shall be kept in the office of the building official at all times while the ordinances codified in this title remain in force and shall be made available for inspection by the public.

(Ord. 575 § 2 (part), 2003)

If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have passed the ordinances codified in this title and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections are declared invalid.

(Ord. 575 § 2 (part), 2001)