Wheatland Municipal Code Ch. 15.14 California Green Building Standards Code

The 2022 California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) and Appendices A4 and A5 to such Code, as published by the International Code Council and the California Building Standards Commission, are hereby adopted by reference and incorporated in the Wheatland Building Code, subject to the additions set forth in this chapter. Copies of these documents are maintained in the office of the city's building official.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

The tier requirements and measures set forth in Appendices A4 and A5 are not adopted as mandatory but may voluntarily be included in any level or degree by the owner or applicant of any permit.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 495, 1/9/2024)

A. Persons applying for a permit from the city for new construction and building additions and alterations that are within the scope of the CalGreen Building Standards, Title 24 of the California Code of Regulations, Part 11, as may be amended shall comply with the construction and demolition debris diversion requirements pursuant to Sections 4.408 and 5.408 of the same. Project applicants shall also comply with all written and published city policies and/or administrative guidelines regarding the provision of a construction waste management plan; construction waste management plan acknowledgment by the project contractor and subcontractors; and, construction waste management plan compliance documentation. Project applicants must, as a condition of city's permit approval, comply with the following:

1. For projects where five or more multifamily dwelling units are to be constructed on a building site, the project applicant shall identify and provide readily accessible areas that serve occupants of all buildings on the site for the storage and collection of nonhazardous materials for recycling, including recyclable materials and organic waste materials collected in the city's solid waste collection program, in compliance with Section 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11.

2. For projects that involve new commercial construction or additions resulting in an increase to floor area of thirty percent or more the project applicant shall identify and provide readily accessible areas for the storage and collection of nonhazardous materials for recycling, including recyclable materials and organic waste materials collected in the city's solid waste collection program, in compliance with Sections 5.410.1 and 5.410.1.2 of the CALGreen Building Standards, as may be amended. Section 5.410.1.2 references the space allocation sample ordinance developed pursuant to Chapter 18, Part 3, Division 30 of the California Public Resources Code, known as the California Solid Waste Reuse and Recycling Access Act of 1991, which took effect in the city September 1, 1993, as the city did not adopt an alternate ordinance.

B. Inspections and Investigations.

1. City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any project site, collection container or collection vehicle loads to confirm compliance with this section by commercial businesses (including multifamily residential dwellings); property owners; building/demolition/landscaping contractors; or other entity subject to applicable laws. This section does not allow city representatives and/or its designated entity, including designees to enter the interior of a private residential property for inspection.

2. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's representative(s) or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper solid waste collection services, proper placement of materials in containers, records, or any other requirement of this section. Failure to provide or arrange for: (a) access to an entity's premises; or (b) access to records for any inspection or investigation is a violation of this section and may result in penalties described.

3. Any records obtained by the city during its inspections or investigations, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

4. City representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

5. The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with this section, including receipt of anonymous complaints.

C. Enforcement.

1. Violation of any provision of this section shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines, pursuant to Chapter 1.18 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this section and any rule or regulation adopted pursuant to this section, except as otherwise indicated.

2. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

3. Entity Responsible for Enforcement.

a. Enforcement pursuant to this section may be undertaken by the city enforcement official(s) or their designated entity, legal counsel, or combination thereof.

b. City enforcement official(s) will interpret this section; determine if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

c. City enforcement official(s) may issue notices of violation(s).

4. Process for Enforcement.

a. City enforcement official(s) and/or their designee will monitor compliance with this section randomly and through compliance reviews, investigation of complaints, and an inspection program.

b. The city may issue an official notification to notify regulated entities of its obligations under the chapter.

c. The city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice

d. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this section. Notices shall be sent to the commercial business (including multi-family residential dwellings); property owner; building/demolition/landscaping contractor; or, other entity responsible for the violation.

5. Penalties. Penalties will be assessed as follows:

a. For a first violation, the amount of the base penalty shall be fifty dollars per violation.

b. For a second violation, the amount of the base penalty shall be one hundred dollars per violation.

c. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars per violation.

6. Compliance Deadline Extension Considerations.

a. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

i. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; or

ii. Delays in obtaining discretionary permits or other government agency approvals.

7. Appeals. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

8. Education Period for Noncompliance. Beginning on the effective date of the ordinance codified in this section and through December 31, 2023, the city will conduct inspections and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this section and a notice that compliance is required immediately, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

9. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or, other entity is not in compliance with this section, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this subsection, as needed.

(Ord. 485 § 4, 2022; Ord. 495, 1/9/2024)