Tehama County Municipal Code Art. II Organization and Enforcement

A. Creation of Enforcement Agency. There is hereby established in this jurisdiction a code enforcement agency entitled department of building and safety which shall be responsible for the enforcement of this code and all technical codes and shall be under the administrative and operational control of the building official.

B. General. The building official shall be designated by the board of supervisors of Tehama County and shall hold office at the pleasure of the board of supervisors. The building official shall coordinate and develop programs and policies for the consistent and uniform enforcement of these codes.

(Ord. 1708 § 2(part), 1999)

A. General. The building official is hereby authorized and directed to enforce all the provisions of this code and the referenced technical codes. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and the referenced technical codes, and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

B. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the department of building and safety.

C. Right of Entry. Whenever necessary to make inspection to enforce any provisions of this code and the technical codes or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by such codes, provided that if such building or premises be occupied, that proper credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or an authorized representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Should entry be refused, the building official shall have recourse to every remedy provided by law to secure entry.

D. Stop Work Order. Whenever any work is being done contrary to the provisions of this code, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official, or authorized representative may order the work stopped by notice in writing served on the persons engaged in the doing or causing such work to be done; and such persons shall forthwith stop the work until authorized by the building official to proceed with the work.

E. Occupancy Violations. The occupancy or use of any building or structure prior to the final inspection or issuance of a certificate of occupancy is prohibited. When a building or structure or building service equipment therein regulated by this code and the technical codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. The building official shall cause the following actions to be taken:

1. Notify, by first class mail, the current owner of record, the applicant for the building permit and any trust deed holders which are known to the department of the violation and the fact that such occupancy is potentially hazardous, and

2. Post the building or structure at all entrances and exits with a notice that substantially states the following:

DO NOT REMOVE THIS NOTICE. It is a violation of sub-section (e) of section 15.02.220 of the Tehama County Code to use or occupy this building or structure prior to the final inspection or issuance of a certificate of occupancy. THIS BUILDING HAS NOT PASSED A FINAL INSPECTION AND MAY HAVE LIFE AND FIRE SAFETY HAZARDS. A Notice of Noncompliance will be recorded on this property if the required final inspection and/or certificate of occupancy have not been secured within thirty (30) days. Removal of this notice by other than the Building Official or an authorized representative is a violation of Tehama County Code and may be prosecuted to the full extent of the law.

3. In those cases where the owner of the property fails to obtain the required final inspection and/or certificate of occupancy within thirty days of the posting of the building, the building official shall record a notice of noncompliance with the county recorder. The notice shall identify the property and set forth the fact that the building, structure or work does not have the required final inspection and/or certificate of occupancy and is in violation of county codes and that the owner has been so notified.

4. When the final inspection and/or certificate of occupancy has been obtained for the building, structure or work, the building official shall record with the county recorder and provide to the property owner of record, a notice of cancellation certifying that the final inspection and/or certificate of occupancy has been issued and that the notice of noncompliance has been rescinded. This shall be done at the permittee's expense.

F. Authority to Disconnect Utilities. The building official or authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

G. Authority to Condemn Building Service Equipment. When the building official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become insanitary, the building official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within twenty-four hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

H. Connection after Order to Disconnect. Persons shall not make connection from any energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

The building official shall have the right to withhold clearing building service equipment for hookup by the service agency if the owner or contractor refuses to comply with other ordinances affecting the structure as a whole.

I. Liability. The building official, or an authorized representative charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of the duties required therein, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of such duties. Any suit brought against the building official or employee because of such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the department of building and safety shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

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

J. Cooperation of Other Officials and Officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code, the technical codes, or other pertinent laws or ordinances.

K. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 1708 § 2(part), 1999)

Buildings or structures regulated by this code and the technical codes which are structurally inadequate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe buildings.

Building service equipment regulated by such codes, which constitutes a fire, electrical or health hazard, or an insanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the building code are hereby designated as unsafe building appendages.

Unsafe buildings, structures or appendages and building service equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the dangerous building code or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the building official or other employee or official of this jurisdiction as designated by the board of supervisors may institute other appropriate action to prevent, restrain, correct or abate the violation.

(Ord. 1708 § 2(part), 1999)

A. General. In order to determine the suitability of alternate materials and methods of construction and to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the technical codes, except as provided in Sections 15.12.250 and 15.34.040, there shall be and hereby created a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of this jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. Each member of the board of supervisors shall nominate one member of the board of appeals and the entire board of supervisors shall appoint the board of appeals from such nominations. Each member of the board of appeals shall serve at the pleasure of the board of supervisors. The term of office of each member of the board of appeals shall expire upon expiration of the term of office of the supervisor nominating such member for appointment to the board of appeals. The board of appeals 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.

B. Limitation of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code or the administrative provisions of the technical codes nor shall the board be empowered to waive requirements of either this code or the technical codes.

(Ord. 1885 § 7, 2007)

(Ord. No. 1969, §§ 2, 3, 7-31-2012)

A. Violations. It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, 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 code and the technical codes.

B. Enforcement Remedies. Violations of this title may be prosecuted as misdemeanors subject to the penalties provided in Chapter 10.14. The building official may also seek injunctive relief and civil penalties in the superior court pursuant to Chapter 10.14 or pursue any administrative remedy provided in Chapter 10.14 of the Tehama County Code.

C. Nonexclusive Remedies. The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. 1708 § 2(part), 1999)