Yuba County Municipal Code Art. 7 Violations, Remedies and Appeals

(a) It shall be unlawful and a violation of this Chapter to do anything in contrary to the provisions set forth in this Code.

(b) It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this Code, or cause same to be done, in conflict with or in violation of any of the provisions of this Code.

(c) It shall be unlawful for any person, firm or corporation to cause, allow or maintain any property, building or structure, or any equipment thereon to become a public nuisance dangerous or unsafe.

(d) It shall be unlawful and a violation of this Chapter to remove or deface any notice issued by the Building Official where such notice has been posted on any property, building or structure.

(Ord. No. 1527)

Any violation of this Code may be abated by any enforcement process authorized by law or as outlined in the Yuba County Ordinance Code.

(1) Unsafe to use or occupy. Where a structure, property or equipment is deemed unsafe, an Unsafe to Use or Occupy placard shall be posted. Where a structure has been posted unsafe the Building Official shall make a determination as to what use or occupancy may be appropriate based on the conditions present and identify restrictions, either by posting another placard or displaying the restrictions on the original posting placard. The placard shall be conspicuously posted at, or as close as practicable, to all entry and exit doors.

(2) Stop work. Whenever the Building Official finds any work regulated by this Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, the Building Official is authorized to issue a stop work order.

a. Issuance. The Stop Work order shall be posted on the property where the work is being completed. The order may also be served by mail or by personal service to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the action, and the conditions under which the cited work will be permitted to resume.

b. Penalty. Where a Stop Work Order has been served pursuant to commencement of work prior to permit issuance, a penalty as listed in Title XIII of the Yuba County Ordinance Code for "Stop Work" shall apply and be collected when a permit for such work has been applied for and the permit has been obtained.

c. Where a Stop Work Order has been served pursuant to work completed in conflict or to the contrary of the permit authorizing such work, a penalty as listed in Title XIII for "re-inspection" shall apply and be collected prior to any corrective work being completed or any new inspections being scheduled or made.

(3) Notice of violation. The Building Official is authorized to serve a notice of violation on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a code, or in violation of a permit or certificate issued under the provisions of this Code. Such notice shall be a request for the discontinuance of the illegal action or condition and the abatement of the violation.

(4) Notice and order to abate. The Building Official is authorized to serve a notice and order to abate public nuisance to the owner of a property or to the person creating the violation, or to both, pursuant to the guidelines set forth in Chapter 7.36 of the Yuba County Ordinance Code. Such notice shall be mandatory and shall order the abatement of a violation of this Code within a time certain.

(5) Notice of non-compliance. The Building Official is authorized to cause a notice of non-compliance to be recorded against a parcel where a permit has expired, has been suspended or revoked, has become null and void, or where work has been completed without first obtaining a permit or where a building, structure, piece of equipment or property is deemed unsafe or where a building has been occupied prior to the issuance of a Certificate of Occupancy. A copy of the notice of non-compliance shall be kept on file within the Building Department's records. The Building Official may provide advance notice of the recording of notice of non-compliance to the property owner and may cause a copy of said notice to be delivered to owner of record as it appears on the last equalized assessment role or to another address as the owner directs.

(6) Notice of compliance. Where work or conditions cited in any notice issued by the building department has been corrected or removed, the Building Official may cause a notice of compliance to be recorded. The notice of compliance shall reference the original notice of non-compliance. The property owner, or owner's agent, requesting the notice of compliance to be recorded shall pay the document preparation and recording fees as set forth in Title XIII of the Yuba County Ordinance Code.

(7) Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

(Ord. No. 1527)

(a) Misdemeanor. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code is guilty of a misdemeanor and upon conviction thereof is punishable by imprisonment in the County jail for not more than six months or by a fine not exceeding $1,000.00, or by both a fine and imprisonment. Each day, or portion thereof, during which any such violation continues shall be deemed a separate offense.

(b) Unlawful continuance. Any person who continues to use, occupy or work after having been served with any notice contained herein, except such work as that person is directed to perform to abate a violation or unsafe condition, may be subject to other penalties as prescribed by law.

(Ord. No. 1527)

(a) Appeals pursuant to orders or decisions of the Building Official shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed.

(b) Appeals shall be in writing and shall be filed with the Building Official within 15 days after written notice of the order or decision of the Building Official has been mailed to the applicant. The Building Official shall schedule a hearing that is set for a date not less than 15 days and not more than 60 days from the date that the request is filed with the Building Official.

(Ord. No. 1527)

Pursuant to the authority granted in this Code and in the California Health and Safety Code § 17920.5, the Board of Appeals is hereby created.

(1) Hearing authority. The Board of Appeals is authorized to hear appeals regarding all decisions of the Building Official or any issue referred to it by the Building Official, including:

a. The denial of modifications, variances, materials and design from the provisions of this Chapter,

b. Determine the suitability of alternate materials and types of construction, and

c. Provide reasonable interpretation of the technical provisions of this Chapter.

d. The Board of Appeals shall have no authority to waive requirements of this Code nor shall the board have any authority as to the interpretation of the Administrative Sections of this Code or wave any requirements thereof.

(2) Appointment of members. The Board of Appeals shall consist of five regular members and two alternate members, who are County residents, and are not employees of the County, and shall be appointed by the Yuba County Board of Supervisors as follows:

a. One for five years; one for four years; one for three years; one for two years; and one for one year; alternate members shall be appointed for five years or serve until a successor has been appointed.

b. Thereafter, each new member shall serve for five years or until a successor has been appointed.

(3) Qualifications. Board members shall be qualified by experience and training to pass on matters pertaining to building construction as follows:

a. Qualifications.

1. One Registered Design Professional, Structural or Civil Engineer or Architect.

2. Two General Building Contractors.

3. One Fire Science Degree/experience.

4. One member of the General Public.

b. Alternate members may have any of the qualifications listed above.

c. The Building Official shall be appointed as an ex-officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board.

(4) Other duties.

a. The Board of Appeals shall hold the office at the pleasure of the Board of Supervisors.

b. The Board of Appeals shall adopt rules of procedure for conducting its business.

c. Hearings shall be conducted based on the procedures as set forth in Article 5, of Chapter 7.36 of the Yuba County Ordinance Code commencing with Section 7.36.510.

d. The Board of Appeals shall select one of its members annually to serve as Chairperson.

(5) Conflicts. Where a conflict exists or may be perceived to exist, an individual Appeals Board member shall take appropriate action to eliminate the conflict up to and including abstaining from voting.

(Ord. No. 1527)

(a) Where the Board of Appeals is unable or unavailable to hear appeals pursuant to this Section, an Administrative Law Judge or the Yuba County Board of Supervisors is hereby authorized to carry out the Board of Appeals' duties.

(b) Appeals related to housing issues shall be heard pursuant to the rules established in Chapter 7.36 of the Yuba County Ordinance Code. Appeals shall only be requested pursuant to a Notice and Order to Abate Public Nuisance.

(Ord. No. 1527)