Tehachapi Municipal Code Art. II General Provisions

The purpose of the ordinance codified in this chapter is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the city.

(Ord. 85-11-517 Art. 2 §1, 1985)

The ordinance codified in this chapter may be cited as the "Code of Building Regulations." This code is comprised of several secondary codes of regulations and standards adopted by the county of Kern and agencies of the state and by nationally recognized organizations which have existed more than three years. Nothing in the Code of Building Regulations shall be interpreted as abrogating any more restrictive requirements of other agencies, including but not limited to Title 19, California Administrative Code, known as the regulations of the State Fire Marshal.

(Ord. 85-11-517 Art. 2 §2, 1985)

A. As used in the Code of Building Regulations:

1. "Board of appeals" means the city council.

2. "Board of supervisors" means the city council.

3. "Building department" and "department" mean the building inspection department of the city.

4. "Building official," "administrative authority," "plumbing official" and "chief electrical inspector" mean the building inspector of the city.

5. "County" or "county of Kern" means the city of Tehachapi.

6. "County clerk" means the Tehachapi city clerk.

7. "Director" means the city manager, or his designee.

8. "Fire chief" means the chief of the city fire department.

9. "Ordinance code" means the ordinance code of the city.

B. Any other sentence, term or word that means or implies, or by its context indicates the county of Kern, shall be interpreted to mean and shall be the city of Tehachapi.

(Ord. 85-11-517 Art. 2 §5, 1985)

The Code of Building Regulations shall be liberally construed to effect its purpose. If the code regulates one application with dissimilar limitations or requirements, the more restrictive regulation shall apply.

(Ord. 85-11-517 Art. 2 §4, 1985)

The Code of Building Regulations applies to new building construction, and to the installation of new mechanical, plumbing and electrical systems; it applies to existing construction and to existing mechanical, plumbing and electrical systems, to the extent specifically defined by the secondary codes adopted by reference into this chapter.

(Ord. 85-11-517 Art. 2 §3, 1985)

A. Subject to approval by the city council, the building inspector may adopt and charge a reasonable schedule of fees for permits, permit renewal, plan checking, processing applications, maintenance of records, and for the performance of special services by the building inspection department in administering and enforcing the Code of Building Regulations. The schedule may provide for the partial refund of permit fees to applicants.

B. Penalty fees specified in the Code of Building Regulations for starting or proceeding without necessary permits shall be assessable against the owner of the subject property, except for emergency work for which permits must be procured within a reasonable time, not to exceed two working days. The penalty fees shall be paid prior to issuance of a valid permit for the work being done.

C. Where the permittee desires occupancy or utilities energized before the final inspection can be completed, and the building inspector determines that all fire protection systems are operational and no unreasonable hazard to life or property exists, the permittee may deposit with the building inspector security in the amount of the building inspector's estimate of the cost of completion, plus fifty percent for the purpose of insuring the completion of the work and the department overhead costs involved in processing.

D. The term "security," as used in this section, means one of the following:

1. A bond by one or more duly authorized corporate sureties;

2. A cash deposit made with the city;

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and agreeing that the funds designated by the instrument shall become trust funds for the purpose set forth in the instrument; or

4. Negotiable United States Treasury certificates of the kind approved by law for security deposits of public money.

E. The security sum is to be refunded to the permittee upon completion, and may be released to the depositor in two payments during the progress of the work if the deposit exceeds one thousand dollars, and the same ratio of security is maintained on deposit for all uncompleted work. Such special permit shall be granted for a specific time period mutually agreed upon, after which, if the project remains uncompleted, the building inspector may declare the permit void, and forfeit and utilize the security deposit to gain compliance under the provisions of this chapter.

(Ord. 05-03-678 §1(e)(part), 2005; Ord. 85-11-517 Art. 2 §8, 1985)

The building inspector shall cause to be made and filed a permanent record of each transaction of the building inspection department covered by the Code of Building Regulations. He shall account monthly to the city council for the permits issued and the fees collected by the building inspection department. Permit fees shall be reported monthly, and paid over by him to the city treasurer for deposit in the general fund.

(Ord. 85-11-517 Art. 2 §7, 1985)

Whenever the inspector determines by inspection that the work on any structure or project authorized by permit and once commenced has been suspended or abandoned for a period of one hundred and eighty days, he shall give written notice to complete or demolish and remove the work to the owner or other person in control of the property upon which the structure or project is situated. Thereafter, the owner or other person in control of the property shall either obtain a new permit within one hundred twenty days from the notice date, and diligently pursue the work to completion, or demolish and remove the structure or project within one hundred twenty days from the notice date.

(Ord. 05-03-678 §1(e)(part), 2005: Ord. 85-11-517 Art. 2 §9, 1985)

Any permit or plan approval applied for may be denied and any permit or plan approval already issued or approved pursuant to this chapter may be revoked by the city manager or his designated representative for any of the following causes:

A. For failure to comply with any term or condition of the permit or for violation of same;

B. That the work covered by the permit is used or maintained in violation of any statute, ordinance, law or regulation.

C. That the permit was issued based on information that was incorrect or misrepresented.

D. That violations of law exist at the property subject to the permit.

E. That the applicant owes the city fines, fees, taxes or other obligation.

(Ord. 05-03-678 §1(e)(part), 2005)

(Ord. No. 22-02-767, § 7, 1-18-2022)

A. The building inspector shall administer and enforce the Code of Building Regulations. He may delegate administrative and enforcement powers to qualified personnel.

B. The building inspector may authorize reasonable modifications in the application of the Code of Building Regulations to special, individual cases if he first reasonably determines that strict application of the regulations is impractical or invokes undue hardship and that the modification protects the public safety and conforms to the spirit and purpose of the code.

C. Notwithstanding any other remedies available by law, whenever the building inspector has inspected or caused to be inspected any property and has determined that there exists a violation of the Code of Building Regulations upon said property, the building inspector may commence any of the following proceedings, to cause the correction of the violation of the Code of Building Regulations:

1. Issue a notice of violation; and/or

2. Issue a notice and order; and/or

3. Issue an administrative citation.

(Ord. 85-11-517 Art. 2 §6, 1985)

(Ord. No. 09-02-701, § 1(c), 9-8-2009)

A. The building inspector, in his or her discretion, may issue a notice of violation to the record owner and/or occupant of the property upon which a violation of the Code of Building Regulations exists. This issuance of a notice of violation is not a prerequisite to any other action, including issuance of a notice and order or administrative citation. The notice of violation is a non-appealable warning with direction to correct the violation.

The notice of violation shall include all of the following:

1. Name of the property's record owner;

2. Street address of the property in violation;

3. The Code of Building Regulations code sections in violation;

4. A description of the property's condition which violates the applicable codes;

5. A deadline or specific date to correct the violation listed in the notice of violation;

6. A statement setting forth that non-correction of the violation within a period of thirty days shall constitute a public nuisance as per section 8.28.010.M of this code; and

7. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including but not limited to: administrative remedies; criminal prosecution; civil action; administrative abatement; civil fines; revocation of permits; recordation of notice of violation.

B. Service of a notice of violation may be served upon the record owner by regular first class mail or personal service on the owner or their agent. Service is effective on the date of mailing, or personal service.

(Ord. No. 09-02-701, § 1(h), 9-8-2009)

A. Issuance. Whenever the building inspector has inspected or caused to be inspected any property and has found and determined that conditions constituting a violation of the Code of Building Regulations exists thereon, the building inspector may serve a notice and order. The notice and order shall contain:

1. The street address and/or assessor's parcel number, sufficient for identification of such property;

2. Reference to all code sections violated together with a brief description of the condition which constitutes the violation;

3. Establish a reasonable time to secure any required permits, commence and complete required work to permanently eliminate the violation identified in the notice and order;

4. A statement that materials involved in and constituting violations of the Code of Building Regulations shall be disposed of, if necessary, in a legal manner;

5. A statement that if the abatement is not commenced and completed within the time specified, the building inspector will proceed with further action, including administrative abatement at the expense of the responsible party, and/or administrative citation, and/or legal action;

6. A statement setting forth that non-correction of the violation within a period of thirty days shall constitute a public nuisance as per Section 8.28.010.M of this code; and

7. That a "notice of pending administrative action" may be immediately filed against the property in the office of the county assessor-recorder of the county of Kern. If the notice and order becomes final, as described in this article, the notice and order may be recorded against the property in the office of the county assessor-recorder.

B. Service.

1. The notice and order, or any amended notice and order, shall be served upon the record owner of the property and any person, entity or corporation occupying or in apparent control of the property;

2. Service shall be completed either by personal service, by posting the notice conspicuously on or in front of the property, or by regular mail; and

3. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which the service was made;

C. Recording. At the time the notice and order is served, the building inspector may file in the office of the county assessor-recorder, a notice of pending administrative action. If the notice and order becomes final from failure to appeal as per Section 1.16.065.F of this code, the building inspector shall file in the office of the county assessor-recorder a certificate legally describing the property and certifying that a Code of Building Regulations violation exists on the property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a Code of Building Regulations violation and the property described in the certificate, or the notice and order is rescinded by the hearing officer upon appeal, or whenever the city abates the violation of the Code of Building Regulations and the abatement costs have been paid, the building inspector shall file a new certificate with the county assessor-recorder that the violation of the Code of Building Regulations has been abated.

(Ord. No. 09-02-701, § 1(h), 9-8-2009)

A. Neither an approval nor a permit granted by the department of building inspection shall constitute permission or authority, or be interpreted as a waiver, for the violation of any statute, ordinance or regulation.

B. Neither the city nor its officers or employees shall assume liability for structural or construction defects through the administration or enforcement of the Code of Building Regulations.

C. By accepting a permit for the performance of services by the building inspection department, an applicant consents to the limitations of this section.

(Ord. 85-11-517 Art. 2 §10, 1985)

A. Any person who violates, or who causes, permits, or allows the violation of any provision of the Code of Building Regulations (including codes which have been adopted by reference) is guilty of a separate offense for each day or portion thereof he permits, causes, or allows the violation to continue. The city building inspection department, in enforcing the Code of Building Regulations, as set out in the Code of Building Regulations, may cause criminal complaints to be issued for the violation of any section of the Code of Building Regulations, including any of the codes adopted by reference herein. It is the intent of this section to make a violation of any section of the Code of Building Regulations, and any of the codes adopted by reference, a misdemeanor. However, if any officer described in Section 1.16.010.A determines to cause administrative citations and related fines to issue for the violation of any section of the Code of Building Regulations pursuant to Section 1.16.065, it is the intent of this section to make such violation an infraction punishable under Section 1.20.010D.

B. Any structure, construction or installation that is undertaken or permitted to continue in violation of any provisions of this Code of Building Regulations is a public nuisance and may be abated by the building inspector. "Boarding-up" a building or unit will not satisfy a notice of violation, notice and order, or administrative citation issued by an official pursuant to Sections 15.04.101 and 15.04.102. Any attempt to "board up" a unit as a corrective measure to a Code of Building Regulations violation will constitute a public nuisance. No person shall use or occupy a building declared to be a public nuisance.

C. Any act declared by the Code of Building Regulations to be a misdemeanor shall be punishable, upon conviction thereof, by a fine not exceeding one thousand dollars or by imprisonment for not to exceed six months, or by both such fine and imprisonment.

D. In addition to all other remedies available to the city, anyone undertaking construction without a permit from the city may be fined for the cost of city's investigation in an amount equal to the total permit fee as determined by the building inspector.

(Ord. 05-03-678 § 1(e)(part), 2005; Ord. 91-03-584 § 2, 1991; Ord. 85-11-517 Art. 2 § 11, 1985)

(Ord. No. 09-02-701, § 1(f), 9-8-2009; Ord. No. 22-01-766, § 3, 1-18-2022)