Sec. 7-19. - Definitions.

Whenever any of the following names or terms are used herein or in any codes adopted by reference by this chapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed thereto by this section as follows:

(a)

"Building official," "chief building official," "chief electrical inspector," "administrative authority," and similar references to a chief administrative position shall mean the director of the permit and resource management department of the county or his or her designee; provided, however, that where such terms are used in conjunction with those duties imposed upon the public health officer, the terms shall mean the public health officer of the county.

(b)

The "building division," "electrical division," or "plumbing division" shall mean the permit and resource management department of the county.

(c)

"City" shall mean the county when referring to a political entity, or an unincorporated area of the county.

(d)

"City clerk" means "clerk of the board of supervisors."

(e)

"City council" or "mayor" means the board of supervisors.

(f)

"Board of appeals" shall mean the local appeals board and housing appeals board provided for in Section 7-3.

(g)

"California Building Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 2, California Building Code.

(h)

"California Building Standards Administrative Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 1, California Building Standards Administrative Code

(i)

"California Electrical Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 3, California Electrical Code

(j)

"California Energy Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 6, California Energy Code.

(k)

"California Fire Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 9, California Fire Code

(l)

"California Historical Building Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 8, California Historical Building Code.

(m)

"California Mechanical Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 4, California Mechanical Code

(n)

"California Plumbing Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 5, California Plumbing Code

(o)

"California Referenced Standards Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 12, California Referenced Standards Code.

(p)

"California Residential Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 2.5 California Residential Code

(q)

"California Green Building Standards Code" means the regulations most recently adopted by the California Building Standards Commission in California Code of Regulations, Title 24, Part 11, California Green Building Standards Code.

(r)

"Local coastal program" means the county local coastal program.

(s)

"General plan" means the county general plan.

(t)

"Stream" means any natural channel with bed and banks containing flowing water or showing evidence of having contained flowing water (e.g., deposit of rock, sand, gravel, or soil).

(u)

"Zoning Code" means Chapters 26 and 26C of this code.

(v)

"Abandonment" shall mean if, after commencement of work there is any continuous 12-month period without an approved inspection including partial approvals, the project is considered abandoned and the permit invalid.

(w)

"Commencement" shall mean (1) construction of all of a foundation based on PRMD inspection records, or (2) for remodel work, completion of work or inspection which resulted in a correction notice or approved inspection or verified by receipts or other evidence, when approved by the building official. Excavation or grading alone is not considered commencement of work on a building permit.

(x)

"Substantial improvement" shall mean any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure that meet any of the following:

(1)

An existing building or structure not classified as Group R-3 occupancy, which undergoes any addition of floor area that is equal to or exceeds twenty-five (25%) of the existing gross floor area.

(2)

An existing Group R-3 building or structure, which undergoes any addition of floor area that is equal to or exceeds fifty percent (50%) of the existing gross floor area.

(3)

An existing building or structure, which undergoes any alteration of floor area that is equal to or exceeds fifty percent (50%) of the existing gross floor area.

(4)

A building or structure, which undergoes any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement that is equal to or exceeds fifty percent (50%) of the existing gross floor area.

(5)

If in the determination of the building official the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed.

(6)

The cost of which equals to or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started.

a.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

b.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

(y)

"Nuisance alarm" shall mean an unwarranted alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.

(z)

"Building" shall mean any structure used or intended for supporting or sheltering any use or occupancy. Building is also any structure as to which state agencies have regulatory power, and housing or enclosure of persons, animals, chattels, equipment or property of any kind. Building is also any structure wherein things may be grown, made, produced, kept, handled, stored or disposed of, and all appendages, accessories, apparatus, appliances and equipment installed as a part thereof. Building shall not include machinery, equipment or appliances installed for manufacture or process purposes only, nor shall it include any construction installations which are not a part of a building, any tunnel, mine shaft, highway or bridge, or include any house trailer or vehicle which conforms to the Vehicle Code.

(aa)

"Building, existing" shall mean a building legally erected prior to the adoption of this code, or one (1) for which a legal building permit was issued for the construction or legalization thereof prior to the adoption of this code.

(ab)

"Unsafe or dangerous building" shall mean any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe or dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. The presence of an unsafe or dangerous building shall be considered a public nuisance subject to abatement pursuant to Chapter 1, Sonoma County Code.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not arranged as to provide safe and adequate means of exit in case of fire or panic.

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

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.

Whenever any portion of a 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 so as to be capable of resisting a wind pressure of one-half (½) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

Whenever any portion thereof has wracked, warped, buckled or 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 similar new construction.

Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

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

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 one-third (⅓) of the base.

Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside wall or coverings.

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 (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement including construction without permit or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in this code or Health and Safety Code section 17920.3 or Uniform Housing Code Chapters 4, 5, 6 and Sections 701.2, 701.3, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non- supporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or is such a condition that is likely to cause sickness or disease.

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or equity jurisprudence.

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

Whenever any building or structure has been abandoned and unsecured for a period in excess of six (6) months so as to constitute an attractive nuisance or hazard to the public.

(ac)

"Nuisance" shall mean any of the following:

Any public nuisance known at common law or in equity jurisprudence.

Any attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building or on an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation that may prove a hazard for inquisitive minors.

Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.

Overcrowding a room with occupants.

Insufficient ventilation or illumination.

Inadequate or unsanitary sewage or plumbing facilities.

Uncleanliness, as determined by the health officer.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.

(Ord. No. 6395, § I, 12-6-2022; Ord. No. 6295, § I, 12-2-2019; Ord. No. 6185, § I(d), 11-15-2016; Ord. No. 6048, § I(g), 11-5-2013; Ord. No. 5904, § I, 11-2-2010; Ord. No. 5891, § 5, 12-9-2008; Ord. 5754, § 1(o), 2007; Ord. No. 5581, § 1, 2005; Ord. No. 5374, § 1(b), 2002; Ord. No. 5167, § 1(m), 1999; Ord. No. 4906, § 3, 1995.)