CHAPTER 9
BUILDINGS

Sections:

ARTICLE I. CODE ADOPTION AND AMENDMENTS*

9.1    Building code administration.

9.1.1    2023 Los Angeles County Code, Title 26, Building Code, adopted—Where filed.

9.1.2    City specific modifications.

9.2    Electrical code administration.

9.2.1    2023 Los Angeles County Code, Title 27, Electrical Code, adopted.

9.3    Plumbing code administration.

9.3.1    2023 Los Angeles County Code, Title 28, Plumbing Code, adopted.

9.4    Mechanical code administration.

9.4.1    2023 Los Angeles County Code, Title 29, Mechanical Code, adopted.

9.5    Residential code.

9.5.1    2023 Los Angeles County Code, Title 30, Residential Code, adopted.

9.5.2    City specific modifications.

9.6    Existing building code.

9.6.1    Los Angeles County Code, Title 33, Existing Building Code, adopted.

*    Article I of Chapter 9 was repealed and replaced by Ord. No. 2260, passed 12/15/10. Prior ordinances include Ord. Nos. 1908, 1910, 1922, 1966, 1983, 2017, 2069, 2070, 2071, 2072, 2083, 2098, 2110, 2111, 2112, 2113, 2114, 2169 and 2213.

ARTICLE II. EXPEDITED PERMITTING

9.20    Small residential rooftop solar energy systems—Intent and purpose.

9.21    Applicability.

9.22    Definitions.

9.23    Duties of building division and building official.

9.24    Permit review and inspection requirements.

9.25    Electrical vehicle charging stations—Intent and purpose.

9.26    Definitions.

9.27    Expedited review process.

9.28    Technical review.

ARTICLE III. UNREINFORCED MASONRY BUILDING SIGNAGE REQUIREMENTS

9.32    Unreinforced masonry building signage requirements.

ARTICLE IV. UNDERGROUNDING OF UTILITIES PRIOR TO ISSUANCE OF BUILDING PERMITS

9.45    Underground utilities connection.

9.46    Exceptions.

9.47    Waiver, modification or delay.

9.48    Right of appeal.

ARTICLE VII. HISTORICAL BUILDING CODE

9.50    Adopted by reference.

ARTICLE VIII. MAINTENANCE OF BUILDINGS AND LOTS

9.60    Purpose.

9.62    Public nuisance.

9.64    Prohibition of blighted property.

9.66    Enforcement.

9.68    Abatements.

9.70    Blighted property.

9.72    Unsecured building or structure.

9.74    Abandoned construction.

9.76    Attractive nuisance.

9.78    State of disrepair.

9.80    Inadequate landscape maintenance.

9.82    Inadequate solid waste maintenance.

9.84    Polluted water.

9.86    Dangerous condition.

9.88    Vacant building.

9.90    Vacant building—Appearance.

9.92    Vacant building—Structural and building standards.

9.94    Vacant building—Fire safety.

9.96    Vacant buildings—Security standards.

9.98    Vacant building lots—Debris removal.

9.100    General conditions.

9.110    Summary abatement—Imminent danger.

9.120    Restriction from use.

9.130    Abatement procedures.

9.140    Procedures—Cumulative.

ARTICLE I. CODE ADOPTION AND AMENDMENTS

9.1 Building code administration.

All of the below sections and subsections in this section shall read as having a prefix of 9.1- as in the below table.

 

Sections in this code

 

Prefix to be added to each section as to read

101

 

9.1-

101

101.1

 

9.1-

101.1

101.2

 

9.1-

101.2

101.3

 

9.1-

101.3

102

 

9.1-

102

102.1

 

9.1-

102.1

102.2

 

9.1-

102.2

102.3

 

9.1-

102.3

102.4

 

9.1-

102.4

102.4.1

 

9.1-

102.4.1

102.4.2

 

9.1-

102.4.2

102.4.3

 

9.1-

102.4.3

102.4.4

 

9.1-

102.4.4

102.4.5

 

9.1-

102.4.5

102.4.6

 

9.1-

102.4.6

102.5

 

9.1-

102.5

102.5.1

 

9.1-

102.5.1

102.5.2

 

9.1-

102.5.2

102.5.3

 

9.1-

102.5.3

102.5.4

 

9.1-

102.5.4

102.5.5

 

9.1-

102.5.5

102.6

 

9.1-

102.6

103

 

9.1-

103

103.1

 

9.1-

103.1

103.2

 

9.1-

103.2

103.3

 

9.1-

103.3

103.4

 

9.1-

103.4

103.4.1

 

9.1-

103.4.1

103.4.2

 

9.1-

103.4.2

103.4.3

 

9.1-

103.4.3

103.4.4

 

9.1-

103.4.4

103.5

 

9.1-

103.5

103.6

 

9.1-

103.6

103.7

 

9.1-

103.7

104

 

9.1-

104

104.1

 

9.1-

104.1

104.2.1

 

9.1-

104.2.1

104.2.1.1

 

9.1-

104.2.1.1

104.2.2

 

9.1-

104.2.2

104.2.3

 

9.1-

104.2.3

104.2.3.1

 

9.1-

104.2.3.1

104.2.3.2

 

9.1-

104.2.3.2

104.2.3.3

 

9.1-

104.2.3.3

104.2.3.4

 

9.1-

104.2.3.4

104.2.4

 

9.1-

104.2.4

104.2.5

 

9.1-

104.2.5

104.2.6

 

9.1-

104.2.6

104.2.7

 

9.1-

104.2.7

104.2.8

 

9.1-

104.2.8

104.2.9

 

9.1-

104.2.9

104.2.10

 

9.1-

104.2.10

104.2.11

 

9.1-

104.2.11

104.2.12

 

9.1-

104.2.12

104.2.13

 

9.1-

104.2.13

104.2.14

 

9.1-

104.2.14

104.3

 

9.1-

104.3

105

 

9.1-

105

105.1

 

9.1-

105.1

105.2

 

9.1-

105.2

105.3

 

9.1-

105.3

105.4

 

9.1-

105.4

106

 

9.1-

106

106.1

 

9.1-

106.1

106.2

 

9.1-

106.2

106.3

 

9.1-

106.3

106.4

 

9.1-

106.4

106.5

 

9.1-

106.5

106.6

 

9.1-

106.6

106.7

 

9.1-

106.7

106.8

 

9.1-

106.8

107

 

9.1-

107

107.1

 

9.1-

107.1

107.2

 

9.1-

107.2

107.3

 

9.1-

107.3

107.4

 

9.1-

107.4

107.5

 

9.1-

107.5

107.6

 

9.1-

107.6

107.7

 

9.1-

107.7

107.8

 

9.1-

107.8

107.9

 

9.1-

107.9

107.9.1

 

9.1-

107.9.1

107.9.2

 

9.1-

107.9.2

107.9.3

 

9.1-

107.9.3

108

 

9.1-

108

109

 

9.1-

109

109.1

 

9.1-

109.1

109.2

 

9.1-

109.2

109.3

 

9.1-

109.3

109.4

 

9.1-

109.4

109.5

 

9.1-

109.5

109.6

 

9.1-

109.6

109.7

 

9.1-

109.7

110

 

9.1-

110

110.1

 

9.1-

110.1

110.2

 

9.1-

110.2

110.2.1.

 

9.1-

110.2.1.

110.2.2.

 

9.1-

110.2.2.

110.2.3.

 

9.1-

110.2.3.

110.2.3.1.

 

9.1-

110.2.3.1.

110.2.3.2.

 

9.1-

110.2.3.2.

110.2.3.3.

 

9.1-

110.2.3.3.

110.2.3.4.

 

9.1-

110.2.3.4.

110.2.3.5.

 

9.1-

110.2.3.5.

110.2.3.6.

 

9.1-

110.2.3.6.

110.2.3.7.

 

9.1-

110.2.3.7.

110.2.3.8.

 

9.1-

110.2.3.8.

110.2.3.9.

 

9.1-

110.2.3.9.

110.2.3.10.

 

9.1-

110.2.3.10.

111

 

9.1-

111

112

 

9.1-

112

113

 

9.1-

113

113.1

 

9.1-

113.1

113.2

 

9.1-

113.2

113.3

 

9.1-

113.3

113.4

 

9.1-

113.4

113.5

 

9.1-

113.5

114

 

9.1-

114

114.1

 

9.1-

114.1

115

 

9.1-

115

115.1

 

9.1-

115.1

115.2

 

9.1-

115.2

115.3

 

9.1-

115.3

116

 

9.1-

116

116.1

 

9.1-

116.1

116.2

 

9.1-

116.2

117

 

9.1-

117

117.1

 

9.1-

117.1

117.2

 

9.1-

117.2

117.3

 

9.1-

117.3

117.4

 

9.1-

117.4

117.4.1

 

9.1-

117.4.1

117.4.2

 

9.1-

117.4.2

117.4.3

 

9.1-

117.4.3

117.5

 

9.1-

117.5

117.5.1

 

9.1-

117.5.1

117.5.2

 

9.1-

117.5.2

117.5.3

 

9.1-

117.5.3

117.6

 

9.1-

117.6

117.7

 

9.1-

117.7

117.8

 

9.1-

117.8

117.9

 

9.1-

117.9

117.1

 

9.1-

117.1

117.11

 

9.1-

117.11

117.12

 

9.1-

117.12

SECTION 101—TITLE, PURPOSE, INTENT AND SCOPE

101.1 Title. Sections 9.1, 9.1.1 and 9.1.2 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Building Code of the City of South Pasadena, may be cited as such, and will be referred to herein as “these Building Regulations” or “these Building Standards” or “this Building Code.”

101.2 Purpose and Intent. The purpose of this Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This Code shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents, any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions.

101.3 Scope and Applicability. The provisions of this Chapter shall apply to the erection, construction, enlargement, alteration, installation, reconstruction, repair, movement, improvement, connection, conversion, demolition, use and occupancy of any building, structure or premises, or portion thereof, and grading within the City.

The provisions of this Chapter shall not apply to work located primarily in a public right-of-way other than pedestrian protection structures within the jurisdiction of the Building Code; public utility towers and poles; equipment not within the scope of this Chapter; hydraulic flood control structures; work exempted by Section 107.2 of this Chapter; or minor work of negligible hazard to life specifically exempted by the building official.

Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Section 109 of this Code and the Existing Building Code as amended and adopted by the City.

Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Residential Code as amended and adopted by the City.

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

The codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced codes and standards, the provisions of this Code shall apply.

The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law.

In the event any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

102—UNSAFE BUILDINGS

102.1 Definition. All buildings or structures which are structurally unsound or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, lacking an approved water supply, hazardous electrical, unsafe gas piping or appliances or abandonment as specified in this Code or any other effective ordinance, are, for the purpose of this Chapter, unsafe buildings. Whenever the Building Official determines by inspection that a building or structure, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause, such building shall, for the purpose of this Chapter, be considered an unsafe building.

No person shall own, use, occupy or maintain any unsafe building.

All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the Building Official may abate an unsafe condition or order that the unsafe condition be secured, repaired, rehabilitated, demolished or removed as deemed necessary by the Building Official in accordance with the procedure specified in this Code.

As used in this Chapter “party concerned” means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

102.2 Notice of Unsafe Building. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if, in the Building Official’s opinion, such is found to be an unsafe building as defined in this Chapter, the Building Official shall give to the party concerned written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises to:

1.    Immediately remove, backfill, shore up or secure such unsafe condition, and/or

2.    Within 48 hours, apply for required permit(s) and commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof.

All such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official.

Proper service of such notice shall be by personal service or by registered or certified mail upon every party concerned. In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the structure a copy of the notice.

The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin ten days following the date of posting.

The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

A person notified to vacate an unsafe building by the Building Official shall vacate within the time specified in the order.

The Building Official may record a notice of violation with the County Recorder’s Office that the building or structure described has been inspected and found to be an unsafe building, as defined in this Chapter, and that the owner thereof has been so notified. After all required work has been completed, upon request and payment of required fee(s) the Building Official shall record a notice rescinding the prior notice of violation with the County Recorder’s Office.

102.3 Posting of Signs. The Building Official shall cause to be posted on buildings required to be vacated or remain unoccupied a notice to read substantially as follows: “Restricted Use” or “Unsafe—Do Not Enter or Occupy” as described in Section 102.6. All placards shall read “Planning and Building Department, City of South Pasadena.”

Such notice shall be posted at the main entrance and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

102.4 Unsafe Buildings: Hearing.

102.4.1 Right of hearing. The party concerned or the Building Official may request a hearing regarding the unsafe condition of the building or structure. The request by the interested party shall be made in writing to the Building Official within 30 days of the date of the notice of the unsafe condition. A hearing shall be requested by the Building Official prior to demolition or repair of an unsafe building by the City except when such demolition or repair is done under the emergency procedure set forth in this Chapter.

All interested parties who desire to be heard may appear before the Building Board of Appeals to show cause why the building or structure should not be ordered repaired, vacated and repaired, or demolished.

102.4.2 Notice of hearing. Not less than ten days prior to the hearing, the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every party concerned.

102.4.3 Form and contents of notice. The notice of hearing shall state:

1.    The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.

2.    The conditions because of which the Building Official believed that the building or structure is an unsafe building.

3.    The date, hour and place of the hearing.

102.4.4 Posting of notice. The Building Official shall post one copy of the notice of hearing in a conspicuous place on the unsafe building involved, not less than ten days prior to the hearing.

102.4.5 Hearing by Building Board of Appeals. The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

The Building Board of Appeals shall make written findings of fact as to whether or not the building or structure is an unsafe building as defined in this Chapter.

When determined by the Building Official, the Building Rehabilitation Appeals Board shall hold the hearing in lieu of the Building Board of Appeals.

102.4.6 Order. If the Building Board of Appeals finds that the building or structure is an unsafe building, it shall make an order based on its finding that:

1.    The building or structure is an unsafe building and directing that repairs be made and specifying such repairs, or

2.    The building or structure is an unsafe building and directing that it be vacated and that specified repairs be made, or

3.    The building or structure is an unsafe building and directing that it shall be vacated and demolished.

The order shall state the time within which the work required must be commenced, which shall not be less than 10 nor later than 30 days after the service of the order. The order shall state a reasonable time within which the work shall be completed. The Building Board of Appeals for good cause may extend the time for completion in writing.

The order shall be served upon the same parties and in the same manner as required by Section 102.4.2 for the notice of hearing. It shall also be conspicuously posted on or about the building or structure.

102.5 Unsafe Buildings: Demolition or Repair.

102.5.1 Work by City. If the repairs or demolition necessary to remove the unsafe condition as set forth in the Notice of Unsafe Building is not made within the designated period and a hearing has not been requested by any party concerned, the Building Official shall request that a hearing be held regarding the unsafe condition. If the finding by the Building Board of Appeals is not complied with within the period designated by the Board, the Building Official may then secure or demolish such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the Building Board of Appeals.

102.5.2 Emergency procedure. Whenever any portion of a structure constitutes an immediate hazard to life or property, and in the opinion of the Building Official, the conditions are such that repairs, or demolition must be undertaken within less than the designated period, the Building Official may take necessary action, such as performing alterations, repairs, and/or demolition of the structures, to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the Building Official’s opinion, immediate action is necessary.

102.5.3 Costs. The costs incurred by actions taken pursuant to Sections 102.5.1 and 102.5.2 including the entire cost of the services rendered by the County, shall be a special assessment against the property upon which the structure stood. The Building Official shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. Within five days of the receipt of such notice, any such party concerned may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any party concerned who did not receive a notice pursuant to Section 102.2 and who has not had a hearing on the necessity of the demolition or repairs in such request for hearing also may ask that such necessity be reviewed. The Building Board of Appeals thereupon shall set the matter for hearing; give such party concerned notice thereof as provided in Section 102.4.2; hold such hearing and determine the reasonableness or correctness of the assessment, or both; and if requested, determine the necessity of the demolition or repairs. The Building Board of Appeals, in writing, shall notify such party concerned of its decision. If the total assessment determined as provided for in this section is not paid in full within 10 days after receipt of such notice from the Building Official or the Building Board of Appeals, as the case may be, the Building Official shall record in the office of the Department of Registrar-Recorder a statement of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a special assessment against the parcel.

The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All the laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such special assessment.

102.5.4 Interference Prohibited. A person shall not obstruct, impede, or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the Building Board of Appeals to be repaired, vacated and repaired, or vacated and demolished or removed, whenever the Building Official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this Chapter, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

102.5.5 Prosecution. In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official shall cause the owner of the building to be prosecuted as a violator of this Code.

102.6 Posting of signs for damage assessment. The building official shall cause placard(s) to be posted on buildings upon completion of a safety assessment.

All placards shall read “Planning and Building Department, City of South Pasadena.” The placards shall also indicate the condition of the structure for continued occupancy, and shall read substantially as follows:

1.    “INSPECTED—Lawful Occupancy Permitted” (green placard) shall be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2.    “RESTRICTED USE” (yellow placard) shall be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. This placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3.    “UNSAFE—Do Not Enter or Occupy” (red placard) shall be posted on each building or structure that has been damaged such that the continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. This placard will note in general terms the type of damage encountered.

Such notice shall be posted at the main entrance(s) and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

103—VIOLATIONS AND PENALTIES

103.1 Compliance with Code. It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or perform any grading in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

103.2 Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

103.3 Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code.

103.4 Recordation of Violation.

103.4.1 General. The Building Official may record a notice with the County Recorder’s Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with. The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.

103.4.2 Recordation. If (1) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Code; and if (2) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code.

Following the recordation of the notice of violation the Building Official is not required to conduct an inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to comply with the above provisions.

103.4.3 Notice. The written notice given pursuant to this Section shall indicate:

1.    The nature of the violation(s); and

2.    That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.

103.4.4 Rescission. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Building Official determines that the work covered by such permit(s) has been satisfactorily completed, the Building Official may record a notice rescinding the prior notice of violation.

103.5 Costs. Any person who violates any provision of this Code shall be responsible for the costs of any and all Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified in Section 115.

103.6 Work Without Permit. Whenever any work has been commenced without a permit as required by the provisions of this Code, a special investigation shall be made prior to the issuance of the permit. An investigation fee specified as per Section 115 shall be collected for each permit so investigated.

Exception: When the building official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building Division, the investigation fee may be adjusted in accordance with the Fee Resolution.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law.

For additional provisions applicable to grading, see Appendix J.

103.7 Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, the building official shall have the authority to collect a noncompliance fee.

The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order.

For additional provisions applicable to grading, see Appendix J.

104—ORGANIZATION AND ENFORCEMENT

104.1 Building Division. There is hereby established a division in the City Planning and Building Department to be known and designated as the Building Division.

104.2.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Chapter, all Codes adopted by reference including the Building, Residential, Electrical, Mechanical, Plumbing and Existing Building Codes, as well as all requirements of California Title 24; and to make all inspections pursuant to the provisions of each respective Code having jurisdiction over any portion of the work. Within the scope of this Chapter, the Building Official shall have the powers of a law enforcement officer.

The Building Official shall have the power to render interpretations of any Code having jurisdiction over any work within the scope of this Chapter, and to adopt and enforce rules and supplemental regulations in order to clarify the application of each Code. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this Chapter.

The use of all buildings or structures shall be classified by the Building Official based on use or character in accordance with the Building Code as adopted by the City.

The Building Official shall classify every building or structure into one or more Types of Construction in accordance with the Building Code as adopted by the City.

104.2.1.1 The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. A copy of said regulations and policies shall be maintained in the offices of the Building Official.

104.2.2 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division.

104.2.3 Right of entry.

104.2.3.1 Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in any building, structure, or grading, or upon any premises any condition which makes such building, structure, or grading, or premises hazardous, unsafe, or dangerous for any reason specified in this Code or other similar law, the Building Official or an authorized representative hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Official by this Code or other applicable law; provided that (i) if such property is occupied, then the Building Official shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and (ii) if such property is unoccupied, then the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor.

If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, then the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

104.2.3.2 Notwithstanding the foregoing, if the Building Official or an authorized representative has reasonable cause to believe that the building or grading or premises is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

104.2.3.3 “Authorized representative” shall include the officers named in section 104.2.2 and their authorized inspection personnel.

104.2.3.4 No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by Subsection 104.2.3.2. Any person violating Section 104.2.3 shall be guilty of a misdemeanor.

104.2.4 Stop orders. Whenever any building or grading work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

104.2.5 Occupancy violations. Whenever any structure or portion thereof is being used contrary to the provisions of this Code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this Code or other pertinent laws or ordinances, is being used or occupied, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within 10 days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code, provided, however, that in the event of an unsafe building Section 102 shall apply.

104.2.6 Liability. The liability and indemnification of the Building Official and any subordinates are governed by the provisions of Division 3.6 of Title 1 of the Government Code.

104.2.7 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications, on a case-by-case basis, provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations, and that such modification does not lessen any fire protection or other life safety-related requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City.

A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance.

104.2.8 Alternate materials, design and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material, appliances, installation, device, arrangement, method, design or method of construction not specifically prescribed by this Code. The building official may approve on a case-by-case basis any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of this Code and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance and other life-safety factors, durability, planning and design, energy, material resource efficiency and conservation, environmental air quality, performance, water and sanitation.

The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.

A written application for use of an alternate material, design or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance.

104.2.9 Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or the owner’s agent by an approved agency.

Test methods shall be as specified by this Code for the material in question. If there are no appropriate test methods specified in this Code, the Building Official shall determine the test procedure.

Reports of such test shall be retained by the Building Official in accordance with the City’s guidelines for the retention of public records.

104.2.10 Cooperation of other officials. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City.

104.2.11 Demolition. Whenever the term “demolition” or “demolish” is used in this Code it shall include the removal of the resulting debris from such demolition the proper abandonment of any sewer or sewage disposal system when applicable, and the protection or filling of excavations exposed by such demolition as may be required by this Code or other ordinances or laws.

104.2.12 Service. Whenever in this Code a notice is required to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the structure a copy of the notice.

104.2.13 Amendments to Ordinances.

Whenever any reference is made to any other ordinance such reference shall be deemed to include all future amendments thereto.

104.2.14 Validity. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid.

104.3 Definitions. In addition to the definitions specified in any Code adopted by the City or any definition specified in California Title 24, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine.

In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable.

BOARD OF SUPERVISORS shall mean the City Council.

BUILDING CODE shall mean the Los Angeles County Code Title 26 as adopted and amended by the City.

BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Planning and Building Department.

BUILDING OFFICIAL shall mean the Director of Planning and Building Department or other designated authority charged with the administration and enforcement of this Code, or the director’s duly authorized representative.

BUILDING REHABILITATION APPEALS BOARD shall mean the City Council.

CALGREEN see Green Building Standards Code definition.

CODE (or THIS CODE) shall mean the South Pasadena Municipal Code and/or the respective Building, Residential, Electrical, Mechanical, Plumbing or Existing Building Code depending on the context and intent of the specific reference. The use of the term ‘this code’ explicitly assumes the possibility that two or more codes are being referred to simultaneously.

COUNTY may mean City or Los Angeles County depending on the context.

DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by any Code, relevant laws, ordinances, rules and/or regulations.

ELECTRICAL CODE shall mean the Los Angeles County Code Title 27 as adopted and amended by the City.

ENERGY CODE shall mean California Code of Regulations Title 24, Part 6.

EXISTING BUILDING CODE shall mean the Los Angeles County Code Title 33 as adopted and amended by the City.

FACTORY-BUILT STRUCTURE shall mean buildings or structures that meet all of the following criteria:

1.    Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; and

2.    The bearing of the State insignia and that have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City.

FIRE CODE shall mean the California Code of Regulations Title 24, Part 9, as adopted and amended by the City.

GREEN BUILDING STANDARDS CODE shall mean California Code of Regulations Title 24, Part 11.

HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Division 1 of Title 11 of the Los Angeles County Code.

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City Public Works Department or the Los Angeles County Flood Control District.

MECHANICAL CODE shall mean the Los Angeles County Code Title 29 as adopted and amended by the City.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses.

NONINSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping for which a permit was first obtained, pursuant to Section 107, but which has progressed beyond the point indicated in successive inspections, including but not limited to inspections set forth in Section 117, without first obtaining inspection by and approval of the building official.

PLUMBING CODE shall mean the Los Angeles County Code Title 28 as adopted and amended by the City.

RESIDENTIAL BUILDING CODE shall mean the Los Angeles County Code Title 30 as adopted and amended by the City.

ROAD COMMISSIONER CODE shall mean the City Engineer.

UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City.

UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official.

SECTION 105 APPEALS BOARDS

105.1 Technical Interpretations Appeals Board. When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official’s decision to the Technical Interpretations Appeals Board no later than 60 calendar days from the date of the action being appealed.

The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer and two shall be civil or structural engineers, each of whom shall have had at least ten years of experience as an architect, builder, lawyer or structural designer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations, and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

105.2 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also known as the California Building Standards Code), and to serve as an advisor to the building official on disabled access matters, there shall be an accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretary to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of the California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith.

The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion.

105.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, other than Section 102, nor shall the board be empowered to waive requirements of this Code.

105.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section.

All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing.

SECTION 106 BUILDING PLAN REQUIREMENTS

106.1 General. When required by the building official to verify compliance with any Code, relevant laws, ordinances, rules and regulations, plans, and when deemed necessary by the building official, calculations, geological or engineering reports and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer or architect licensed or registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a building permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

When authorized by the building official, complete plans and calculations need not be submitted for the following work when information sufficient to clearly define the nature and scope of the work are submitted for review:

1.    One-story buildings of conventional light-frame construction with a gross floor area not exceeding 600 square feet;

2.    Work deemed by the building official as minor, small and/or unimportant work.

Where deemed necessary by the building official, submittals shall include special inspection requirements as defined in Section 117.5 and structural observation requirements as defined in Section 117.6.

Plans, calculations, reports or documents for work regulated by any Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a civil engineer, structural engineer, mechanical engineer, electrical engineer, soils engineer or architect registered or certified to practice in the State of California when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

For buildings exceeding 160 feet (48.77 m) in height, the structural calculations and each sheet of structural plans shall be prepared under the supervision of and shall bear the signature or approved stamp of a person authorized by the State of California to use the title structural engineer. In addition, all architectural sheets shall bear the signature or approved stamp of an architect licensed by the State of California.

All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the plan review requirements of this section.

For additional provisions applicable to grading, see Appendix J.

106.2 Architect or Engineer of Record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to designate on the permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

106.3 Information Required on Building Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of any Code and all relevant laws, ordinances, rules and regulations.

The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner(s) and all persons who were involved in the design and preparation of the plans.

Plans shall include a plot plan showing the location of the proposed building and of every existing building on the premises. In lieu of specific details, the building official may approve references on the plans to a specific section or part of any Code, relevant laws, ordinances, rules and/or regulations.

Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official.

When deemed necessary by the building official, the first sheet of each set of plans shall indicate the following information:

1.    The building Type of Construction;

2.    Whether fire sprinklers are installed in all or any portion of the building;

3.    Existing building areas and areas of all additions;

4.    The number of stories of the building;

5.    The use of all new and existing rooms and/or areas;

6.    The Occupancy Classifications of each occupancy;

7.    The Code in effect on the date of plan check submittal.

The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the County of Los Angeles. For the application of NPDES permit requirements as they apply to grading plans and permits, see Appendix J of this code.

106.4 Drainage Review Requirement. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.

A site inspection may be required prior to plan check of building plans for lots or parcels in areas having slopes of five horizontal to one vertical (5:1) or steeper when the building official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction. The fee for such inspection shall be as set forth by ordinance or resolution. Such a preinspection shall not be required for a building pad graded under the provisions of Appendix J.

For additional provisions applicable to grading, see Appendix J.

106.5 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official.

Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

106.6 Standard Plans. The building official may approve a set of plans for a building or structure as a “standard plan,” provided that the applicant has made proper application and submitted complete sets of plans as required by this section.

Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided in this section. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances that have become effective since the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds five percent of the value of the building or structure.

Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plans may be used again and the plans show compliance with all Codes, relevant laws, ordinances, rules and regulations.

106.7 Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official.

When requested in writing by the applicant prior to the effective date of a more current code, the building official may grant extension(s) not exceeding 1 year provided:

1.    Circumstances beyond the control of the applicant have prevented action from being taken;

2.    An extension fee is paid as determined by the Building Official, not to exceed 25 percent of the plan check fee.

Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee.

106.8 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein.

SECTION 107 BUILDING PERMIT REQUIREMENTS

107.1 Building Permit Required. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure, or portion thereof, perform any grading, or cause the same to be done, without first obtaining a separate permit for each such building, structure or grading from the building official.

The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with any Code and all relevant laws, ordinances, rules and regulations.

No person shall install, alter, repair, move, improve, remove, connect any automatic fire-protection system regulated by either the Building or Fire Codes, or cause the same to be done, without first obtaining a separate permit for each such building or structure from the building official and the Fire Marshall.

All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the permit requirements of this section.

For additional provisions applicable to grading, see Appendix J.

107.2 Work Exempted. A building permit shall not be required for the following:

Exemption from permit requirements of any Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of any Code or any other laws or ordinances.

Unless otherwise exempted by the City Plumbing, Electrical or Mechanical Codes, separate plumbing, electrical and mechanical permits will be required for the below-exempted items.

A building permit shall not be required for the following:

1.    Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies.

2.    Painting; wallpapering; installing carpet, vinyl, tile and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply.

3.    Repairing broken window glass not required by the Building Code to be safety or security glazing.

4.    One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the gross floor area does not exceed 120 square feet, the height does not exceed 12 feet and the maximum roof projection does not exceed 24 inches.

5.    Chain-link, wrought-iron and similar fences not more than 12 feet in height.

6.    Masonry, concrete, wood and similar fences not more than 6 feet in height.

Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind.

7.    Retaining walls that retain not more than 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.

8.    Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position.

9.    Light standards that do not exceed 30 feet in height.

10.    Flagpoles not erected upon a building and not more than 15 feet high.

11.    A tree house provided that:

1.    The tree house does not exceed 64 square feet in area or 8 feet in height from floor to roof.

2.    The ceiling height as established by door height or plate line does not exceed 6 feet.

12.    Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy and extending not more than 54 inches from the exterior wall of the building.

13.    Sheds, office or storage buildings, and other structures incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.

14.    Decks, walks and driveways not more than 30 inches above grade and not over any basement or story below and that are not part of an accessible route.

15.    Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are fewer than 18 inches deep, or do not exceed 5,000 gallons (18,927 L), and are installed entirely above adjacent grade.

16.    Playground equipment.

17.    Membrane structures not regulated by California Title 19, not exceeding 250 square feet in area, used exclusively for residential recreational purposes or as a cover for vehicles, and located in accordance with other City ordinances.

18.    Steel tanks supported on a foundation not more than 2 feet (610 mm) above grade when the height does not exceed 1 1/2 times the diameter.

19.    Gantry cranes and similar equipment.

20.    Bridges not involving buildings.

21.    Motion picture, television and theater stage sets and scenery, except when used as a building.

22.    Oil derricks.

23.    Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

107.3 Application for Permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the City for that purpose. Each such application shall:

1.    Identify and describe the work to be covered by the permit for which application is made.

2.    Describe the land on which the proposed work is to be done by lot, block, tract, street address, or similar description that will readily identify and locate the proposed building or work.

3.    For building plans, show the use and occupancy of all parts of the building.

4.    Be accompanied by plans and calculations as required in Section 106.

5.    State the valuation of the proposed work or, for grading, the volume of earth to be handled.

6.    Give such other information as reasonably may be required by the building official.

107.4 Issuance. The building official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply:

1.    The work described conforms to the requirements of all Codes, relevant laws, ordinances, rules and regulations.

2.    The fees specified by resolution or ordinance have been paid.

3.    The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq., if such a permit is required.

When the building official issues the permit, the building official shall endorse in writing or stamp on both sets of plans “Reviewed for Substantial Compliance Only.” Such stamped plans shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the currently adopted Codes in effect at the time of permit issuance regardless of the information presented on the plans. The approval of the plans shall not be held to permit or to be an approval of any violation of any Federal, State, County or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe.

One set of approved plans and reports shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress.

The building official may issue a permit for the construction of part of a building or structure before the entire plans and calculations for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of all Codes. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted.

107.5 Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of any Code, relevant laws, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of any Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful.

The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on thereunder when in violation of any Code, relevant laws, ordinances, rules and regulations.

107.6 Expiration of Permit. Every permit issued by the building official under the provisions of any Code having jurisdiction over any portion of the work shall expire automatically by limitation and become null and void one year after the date of the last required building inspection approval by the building official, or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained.

For the purposes of this paragraph, “required building inspection” shall mean those inspections listed in Section 117.4.2, and those inspections specifically identified on the Job Record issued with the building permit. No partial inspection shall meet the definition of “required building inspection.”

Supplementary permits for electrical, grading, mechanical, plumbing, and reroof shall not expire so long as the associated building permit remains active. No electrical, grading, mechanical, plumbing or reroof inspection shall satisfy the requirement to have a required building inspection as defined in this Section.

Where a new building permit is issued to complete work previously started under an expired permit, a permit fee shall be collected in the amount determined by the Building Official, not to exceed 25 percent of the permit fee provided:

1.    A written request to renew the permit is received by the Building Division prior to the effective date of a more current code;

2.    that the duration of time from the date of expiration has not exceeded one year; and

3.    that no changes have been made or will be made in the original plans and calculations for such work.

Applicable plan review and permit fees, in addition to issuance fees, for the remaining work shall be collected for all permits that do not meet the preceding criteria.

All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit.

107.7 Permit Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of any Code having jurisdiction over any portion of the work, relevant laws, ordinances, rules and regulations whenever the permit was issued in error or on the basis of incorrect information supplied, or in violation of any other laws, ordinances or regulations or any of the provisions of any Code.

The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of any Code, where work is being done in violation of the approved plans, where work is being concealed without approval from the building official, or where work is not in accordance with the direction of the building official.

107.8 Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of any Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued may request cancellation of the permit. The building official shall thereupon stamp or write on the face of such permit the words, “Cancelled at the request of the applicant.” Thereupon such permit shall be null and void and of no effect. All fees except for issuance fees shall be returned to the applicant.

107.9 Transfer of Permit by Applicant.

107.9.1 No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution.

107.9.2 One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution.

107.9.3 Permit Duration Remains Unchanged. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit’s duration, and shall in no way extend the duration of the preceding permit.

108 RESERVED

SECTION 109 USE AND OCCUPANCY

109.1 General. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be made until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of completed construction has been issued.

Upon final of a building permit and at the request of the applicant, a certificate of completed construction shall be issued by the building official for any structure that is ready to occupy.

Approval of a building, structure or premises, or portion thereof, for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of completed construction or issuance of a temporary certificate of completed construction) shall not be construed as approval of a violation of the provisions of any Code, relevant laws, ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of any Code, relevant laws, ordinances, rules and/or regulations are not valid.

The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of any Code, relevant laws, ordinances, rules and/or regulations. Any certificate of completed construction or temporary certificate of completed construction so issued shall be surrendered upon request of the building official.

109.2 Unpermitted Structures. No person shall own, use, occupy or maintain any unpermitted structure.

109.3 Change in Use. Changes in the character or use of a building shall not be made except as specified in Existing Building Code.

109.4 Issuance of a Certificate of Completed Construction. When the building, structure or premises, or portion thereof, has passed final inspection, and when the building, structure or premises complies with all Codes having jurisdiction over any portion of the work, relevant laws, ordinances, rules and regulations, and the required fees have been paid, the building official, upon request of the applicant, shall issue a certificate of completed construction, which shall contain the following:

1.    The building permit number.

2.    The address of the building or structure.

3.    A description of that portion of the building for which the certificate is issued.

4.    A statement that the described portion of the building was inspected and found to comply with the requirements of all Codes having jurisdiction over any portion of the work, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified.

5.    The date the permit was approved.

6.    Any other information deemed necessary by the building official.

For additional provisions applicable to grading, see Appendix J.

109.5 Issuance of a Temporary Certificate of Completed Construction. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, the building official may issue a temporary certificate of completed construction for the use of a portion or portions of a building, structure or premises, prior to the completion of the entire building, structure or premises, or portion thereof.

Such temporary certificate of completed construction shall be valid for a period of time to be specified by the building official. Upon request of the owner or permittee, the building official may, in writing, extend the temporary certificate of completed construction when it is determined that the circumstances so warrant. After the expiration of a temporary certificate of completed construction and any extension(s) thereof, the building, structure or premises, or portion thereof, shall not be used or occupied until the building official has approved the building for such use or occupancy.

109.6 Live Load Posted. In new construction, a durable sign that indicates the “live load” shall be required in commercial or industrial buildings where the floor or roof or portion thereof is or has been designed with a live load that exceeds 50 psf. The live load sign shall be posted on that part of each story or roof to which it applies, in a conspicuous place. The live load sign shall be posted as a condition precedent to the issuance of a certificate of completed construction certificate. It shall be unlawful to remove or deface any such sign.

109.7 Continued Use of Unpermitted and/or Noncomplying Conditions. When deemed appropriate by the building official, a certificate of continued use of unpermitted and/or noncomplying condition(s) may be issued. The certificate shall not be issued until documentation, satisfactory to the building official, has been provided indicating that 1) the unpermitted and/or noncomplying condition(s) were not created by the current owner, and 2) that the current owner had no knowledge that the conditions were unpermitted and/or noncomplying at the time of purchase.

An application shall be completed that states 1) that the continued use of the existing unpermitted construction and/or noncomplying conditions is permitted by the City only with the owner’s understanding that the City in no way assumes responsibility for the method of construction or the materials used; and 2) that it is further understood that this application for continued use is not to be construed as being equivalent in any way to a building permit.

An inspection shall then be made by the building official. Where necessary, permits shall be issued to correct any conditions deemed to pose a potential threat to life, limb or property. Once the inspection(s) have been made; all necessary permits have been obtained, inspected and approved; and all obvious potential threats to life, limb or property have been corrected, the building official may approve the application for unpermitted construction and or noncomplying condition(s). When approved by the building official, conditions deemed not to pose a potential threat to life, limb or property may be permitted to remain.

110—PROHIBITED USES OF BUILDING SITES

110.1 Flood Hazard.

Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow or erosion.

The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. This prohibition shall not apply when provision is made to eliminate such hazard to the satisfaction of the Building Official by providing adequate drainage facilities by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. The Building Official, in the application of this Section for buildings, structures, and grading located in whole or in part in flood hazard areas, shall enforce, as a minimum, the current Federal Flood Plain Management Regulations defined in Title 44, Code of Federal Regulations, Section 60.3, and may require the applicant or property owner to provide the following information and/or comply with the following provisions:

1.    Delineation of flood hazard areas, floodway boundaries and flood zones, and the design flood elevation, as appropriate;

2.    The elevation of the proposed lowest floor, including basement, in flood hazard areas (A Zones), and the height of the proposed lowest floor, including basement, above the highest adjacent grade;

3.    The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone);

4.    If the design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), then the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources, as approved by the Building Official; and

5.    During construction, upon placement of the lowest floor, including basement, and prior to further vertical construction, the permittee shall provide to the Building Official documentation, prepared and sealed by a registered design professional, certifying the elevation of the lowest floor, including basement.

110.2 GEOTECHNICAL HAZARDS.

110.2.1. No building or grading permit shall be issued under the provisions of this section when the Building Official finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geotechnically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or change in use of, the site for which the permit is requested. For the purpose of this section, a geotechnically hazardous condition does not include surface displacement due to earthquake faults.

110.2.2. Except as provided in Section 110.2.3, work requiring a building or grading permit is not permitted in an area determined by the Building Official to be subject to hazard from landslide, settlement, or slippage. For the purpose of this Section, landslide, settlement, or slippage does not include surface displacement due to the earthquake faults.

110.2.3. Subject to the conditions of Subsection 110.2.1, permits may be issued in the following cases.

110.2.3.1. When the applicant has submitted an engineering geology and/or soils engineering report or reports complying with the provisions of Section 111 such that said reports show to the satisfaction of the Building Official that the hazard will be eliminated prior to the use or occupancy of the land or structures.

110.2.3.2. When the applicant has submitted an engineering geology and/or soils engineering report or reports that comply with the provisions of Section 111, and that demonstrate, to the satisfaction of the Building Official, that the site is safe for the intended use.

110.2.3.3. When the proposed work involves the alteration or minor repair of existing structures and the cost of such alteration or repair does not exceed 25 percent of the current valuation of the existing structure, such value to be based on assumed continuation of the established legal use. Before a permit may be issued pursuant to this section, the owner shall do all of the following:

1.    If required by the Building Official, submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Chapter.

2.    Record in the office of the Department of Registrar-Recorder, a statement that the owner is aware that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

3.    Record in the office of the Department of Registrar-Recorder, an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement or slippage no longer exists. The repair work shall consist of restoring the original construction. The Building Official may require that provisions be made in anticipation of future settlement. For the purposes of this Section 110.2.3.3, “alteration” does not include an addition or additions.

110.2.3.4. When the proposed work involves an addition or additions to an existing structure but is not a change in use or occupancy and such work does not increase the gross floor area of the structure by more than 25 percent of the area of the structure as it existed on July 6, 1968, and the Building Official determines that the proposed work will not impact a historically active landslide. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

1.    Submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or a conditional finding that the proposed work complies with the provisions of Section 110.2.1.

2.    Record in the office of the Department of Registrar-Recorder the finding of such report or reports.

3.    Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that a hazard from landslide, settlement, or slippage no longer exists.

110.2.3.5. When the proposed work involves the repair of a single-family residence or accessory structures where the cost of such repair exceeds 25 percent of the current valuation of the existing building.

The scope of the repair work shall be subject to the approval of the Building Official. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

1.    Submit an engineering geology and/or soils engineering report or reports that contain(s), at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Chapter.

2.    Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

3.    Record in the office of the Department of Registrar-Recorder an agreement relieving the County and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

110.2.3.6. When the proposed work involves the replacement of structures destroyed by causes other than landslide, settlement, or slippage, and the permit applicant was the owner of the property at the time of the loss, their immediate heir(s), or their authorized representative, and the application for a permit under this Section is filed no later than ten (10) years following the date of the loss.

The replacement structure(s) shall not exceed the area, number of stories, load, or number of fixtures and bedrooms of the structure that was destroyed. No change in occupancy type shall be permitted. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

1.    Demonstrate, to the satisfaction of the Building Official, that the replacement structure and/or the associated private sewage disposal system (if any) and/or the replacement landscaping (if any) will not result in a greater amount of groundwater infiltration than occurred under the original condition.

2.    Submit an engineering geology and/or soils engineering report or reports that contain, at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Chapter and that contain recommendations for enhancing the stability of the site.

3.    Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the owner is aware that the records of the Building Official indicate that the property is potentially subject to a hazard from landslide, settlement, or slippage.

4.    Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

110.2.3.7. When the proposed work involves a one-story, detached, light-frame accessory structure not intended or used for human occupancy and not exceeding 400 square feet in gross floor area nor 12 feet in height. Before a permit may be issued pursuant to this Section, the owner shall do all of the following:

1.    When required by the Building Official, submit an engineering geology and/or soils engineering report or reports that contain, at a minimum, a qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1.

2.    Record in the office of the Department of Registrar-Recorder a statement by the owner acknowledging that the owner is aware that the records of the Building Official indicate that the property is potentially subject to hazard from landslide, settlement, or slippage.

3.    Record in the office of the Department of Registrar-Recorder an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official has determined that such hazard from landslide, settlement, or slippage no longer exists.

110.2.3.8. When the Building Official determines that the hazard from landslide, settlement, or slippage is based solely on the fact that the area has been identified as a potentially liquefiable area in a seismic hazard zone (pursuant to Public Resources Code section 2690 et seq.) and a foundation investigation is performed in connection with the work in accordance with the Building Code.

110.2.3.9. Notwithstanding any other provisions of this Section, the Building Official may, at his or her discretion, deny a permit for any building, structure, or grading subject to hazard from landslide, settlement, or slippage, which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property, or the public.

110.2.3.10. When the proposed work involves the repair and restoration of a slope. Before a permit may be issued pursuant to this Section, the owner shall submit an engineering geology and/or soils engineering report or reports that contain(s) the following:

1.    A description and analysis of the existing conditions, including the cause or causes of the failed slope.

2.    Recommendations for the repair of the failed slope.

3.    A qualitative and/or conditional finding that the proposed work complies with the provisions of Section 110.2.1 of this Chapter.

4.    An analysis demonstrating that future failures originating from the repaired portion of the slope will not impact previously permitted structures.

5.    An analysis demonstrating that the proposed work will improve existing slope stability.

111—ENGINEERING GEOLOGY AND SOILS ENGINEERING REPORTS

The Building Official may require an engineering geology or soils engineering report, or both, where in the Building Official’s opinion, such reports are essential for the evaluation of the safety of the site. The engineering geology or soils engineering report or both shall contain a finding regarding the safety of the site of the proposed work against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed work will have on the geotechnical stability of the area outside of the proposed work. Any engineering geology report shall be prepared by a certified engineering geologist licensed in the State of California. Any soils engineering report shall be prepared by a civil engineer licensed in the State of California, experienced in the field of soil mechanics, or a geotechnical engineer licensed in the State of California. When both an engineering geology and soils engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.

112—EARTHQUAKE FAULT MAPS

Earthquake fault zone maps within the City prepared under Sections 2622 and 2623 of the California Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Earthquake fault zone maps revised under the above sections of the California Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace.

SECTION 113—EARTHQUAKE FAULTS

113.1 General.

The construction of a building or structure near a known active earthquake fault and regulated by this Code shall be permitted as set forth in this Section.

113.2 Scope.

The provisions of this Section shall apply only to permits for buildings or structures on individual lots or parcels and are not intended to be supplementary to geologic investigations required to qualify divisions of land as set forth in the SPMC.

113.3 Definition.

For the purpose of this Section, a geologist shall be a professional geologist, licensed by the California State Board for Geologists and Geophysicists to practice geology in California.

113.4 Known Active Earthquake Faults.

For the purpose of this Section, known active earthquake faults are those faults which have had displacement within Holocene time (approximately the last 11,000 years) as defined in the most current issue of Special Publication 42 of the California Geological Survey.

113.5 Construction Limitations.

No building or structure shall be constructed over or upon the trace of a known active earthquake fault which is shown on maps maintained by the Building Official. These maps include, but are not limited to, earthquake fault zone maps prepared under Sections 2622 and 2623 of the California Public Resources Code.

The absence of a known active earthquake fault trace at the proposed building location shall be determined by a professional geologist licensed in the State of California in the following cases:

1.    When the proposed building is within (50) feet (15.24 m) of that line designated by the Building Official as the assumed location of a known active earthquake fault on the aforementioned maps.

2.    When the proposed building is within 50 feet (15.24 m) of the most probable ground location of the trace of a known active earthquake fault shown on the aforementioned maps.

In these cases, the Building Official may require the excavation of a trench, for the purpose of determining the existence of an active earthquake fault. Such a trench will be required if a lack of distinguishable fault features in the vicinity prevents the Building Official from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does not underlie the proposed building. The trench shall be approximately perpendicular to the most probable direction of the fault trace, at least 1-1/2 feet (0.15 m) wide, and at least five feet in depth measured from natural grade, or to a depth satisfactory to the Building Official.

The trench must be accessible for mapping and inspection by the Building Official, when requested, and meet the requirements of Title 8 of the California Code of Regulations, Construction Safety Orders. The trench need not extend further than the full width of the proposed structure plus 5 feet (1.52 m) beyond the traversed exterior walls. A known active earthquake fault shall be presumed nonexistent if an exposure is not found by the professional geologist in the walls or floor of the trench.

The Building Official may require a more extensive investigation by a professional geologist as evidence to the absence of a known active earthquake fault prior to the issuance of a permit for Groups A, E, I, H and R, Division 1 Occupancies and B, F, M and S Occupancies over one story in height.

The results of the investigation, conclusions and recommendations shall be presented in a geology report prepared by a professional geologist as defined by Section 113.3. The report shall comply with the guidelines presented in Note 49 prepared by the California Department of Conservation, Geological Survey.

EXCEPTION: The provisions of this Section do not apply to:

1.    One-story, detached light-frame buildings not intended or used for human occupancy and not exceeding 1,000 square feet (92.9 m2) in gross floor area or 12 feet (3.66 m) in building height.

2.    Alterations or repairs to an existing building provided that the aggregate value of such work within any 12-month period does not exceed 50 percent of the current market value of the existing building. For the purposes of this Section 113.5, “alteration” does not include an addition or additions.

3.    Swimming pools, retaining walls, fences and minor work of a similar nature.

SECTION 114 FACTORY-BUILT HOUSING

114.1. Plans shall be submitted for plan review for all field-built portions of factory-built structures that clearly describe all work to be done at the site, including connection and/or anchorage of the factory-built structure to the field-built foundation and connection of utilities. Plans shall indicate compliance with all Codes, relevant laws, ordinances, rules and regulations for all work that is to be done at the site.

SECTION 115 FEES

115.1 Plan review fees shall be equal to 85 percent of the permit fees, and permit fees shall be as adopted by separate resolution and/or ordinance.

Plan checking fees shall be paid at the time of plan review submittal. In addition to the aforementioned fees, the building official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors the part of the applicant.

115.2 Permit fees shall be as adopted by separate resolution and/or ordinance. Permit fees shall be paid at the time of permit issuance.

115.3 The determination of value or valuation under any of the provisions of this code shall be made by the building official. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire protection systems and any other permanent work or permanent equipment.

SECTION 116 REFUNDS

116.1 Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled as provided for in Section 107.8, the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant, but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the date of cancellation or expiration of the permit.

116.2 Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 80 percent of the plan checking fee shall be refunded.

SECTION 117 INSPECTIONS.

117.1 General. All construction or work for which a permit is required shall be subject to inspection by the building official, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official.

In addition to the inspections required to be made by the building official, certain types of construction shall have additional inspections made in accordance with the Code having jurisdiction over the respective work. Required special inspections made in accordance with any Code having jurisdiction over the respective work shall not relieve the permit applicant of the responsibility to have the work inspected and approved by the building official prior to proceeding with new work.

Approval as a result of an inspection shall not be construed to be an approval of a violation of any provision of any Code, relevant laws, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of any Code, relevant laws, ordinances, rules and regulations shall not be valid.

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a safe access path for the inspector to the area of work. Safety precautions may include, but shall not be limited to, handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall have the right to refuse to make any inspection in an area that does not have an access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector.

It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection.

For additional provisions applicable to grading, see Appendix J.

117.2 Inspection Requests. It shall be the duty of the permit holder to notify the building official that work authorized by a permit is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

It shall be the duty of the person requesting any inspection required by any Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work.

For additional provisions applicable to grading, see Appendix J.

117.3 Inspection Record Card. When deemed necessary by the building official, work requiring a permit shall not be commenced until the applicant has posted or otherwise made available an inspection record card so as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall continue to be posted or otherwise made available by the permit holder until final approval of the permit has been granted by the building official.

For additional provisions applicable to grading, see Appendix J.

117.4 Work Ready for Inspection.

117.4.1 General. Upon notification from the applicant that the work for which there is a valid permit is ready for inspection, the building official shall be allowed to make all applicable inspections specified in any Code, on the inspection record card and any additional inspections required by the building official.

No work shall be approved by the building official that was not completely verified. Partial or spot inspections shall not be performed by the building official, nor shall partial or spot inspection be used as a justification for approving any required inspection.

Inspection by a special inspector shall not be made in-lieu of any inspections required to be made by the building official.

For additional provisions applicable to grading, see Appendix J.

117.4.2 Minimum Inspection Requirements. The following inspections shall not be requested until the associated requirements have been satisfied.

1.    Foundation inspection: Shall not be requested until all trenches are excavated and forms erected, any required reinforcing steel is in place, and when all materials for the foundation are delivered to the job. All holdown hardware shall be securely installed in place. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job.

Where any fill more than 8 inches in depth is placed, and/or where required by the building official or the soils engineer, compaction tests shall be submitted to the building official prior to requesting inspection.

Where required by the soils engineer, foundation trenching shall be reviewed and approved by the soils engineer prior to requesting inspection.

2.    Concrete slab or under-floor inspection: Shall not be requested until all in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is poured and/or floor sheathing installed, including the subfloor.

3.    Floor sheathing inspection: Floor sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No walls shall be erected above the floor sheathing.

4.    Roof sheathing inspection: Roof sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No portion of the roof sheathing shall be covered by crickets or similar construction.

5.    Frame inspection: Shall not be requested until after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys, vents and all rough electrical, plumbing and mechanical work are complete. Roof coverings shall not be installed.

6.    Lath inspection and/or wallboard: Shall not be requested until after all lathing and/or wallboard, interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

7.    Final inspection: Shall not be requested until after finish grading and the building is completed and is ready for occupancy.

8.    Other Inspections: In addition to the inspections specified above, the building official shall be allowed to make all applicable inspections specified on the Inspection Record card. The building official may also make or require any other inspections of any construction work to ascertain compliance with the provisions of any Code, relevant laws, ordinances, rules and regulations that are enforced by the building official.

For additional provisions applicable to grading, see Appendix J.

117.4.3 Reinspections. An inspection fee may be assessed for reinspection, as determined by the Building Official, for any of the following reasons:

1.    The portion of work for which inspection is requested is not complete;

2.    Corrections given are not completed;

3.    There is inadequate work site access preventing inspection;

4.    The inspection record card is not posted or otherwise available on the work site:

5.    The approved plans are not available for the inspector;

6.    Work has deviated from the approved plans and has not been approved by the Building Official.

This Section is not to be interpreted as requiring additional inspection fees the first time a job is rejected for failure to comply with the requirements of this or any other Code.

To obtain re-inspection, the applicant shall pay the re-inspection fee in advance. as determined per the fee resolution.

117.5 Provisions for Special Inspection.

117.5.1 When Required. In addition to the inspections required in any Code adopted or enforced by the City, the owner shall employ one or more special inspectors, who shall provide inspections during construction in accordance with the Code having jurisdiction over the respective work. The special inspector may be employed either directly or through the architect or engineering firm in charge of the design of the structure, or through an independent inspection test firm approved by the building official.

Exception: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.

117.5.2 Identification of Work. When special inspection is required by Section 117.5.1, the architect or engineer of record shall identify on the plans all work that is required to have special inspection.

Where the special inspection method(s) to be employed are not specified in any Code, relevant laws, ordinances, rules and/or regulations, the architect or engineer of record shall prepare an inspection program that shall be submitted to and approved by the building official prior to building permit issuance.

The special inspector(s) may be employed by the owner, the engineer or architect of record, or an agent of the owner, but shall not be employed by the contractor, the contractor’s employees, representatives or agents of the contractor, or any other person performing the work.

The architect or engineer of record shall identify, on forms provided by the City, the individual(s) and/or firm(s) who are to perform any required special inspection, and where an inspection program is required by this section, shall specify the special inspection duties of the special inspector(s).

117.5.3 Qualifications, Requirements and Duties of the Special Inspector. The special inspector shall be approved by the building official prior to performing any inspection duties. The special inspector shall complete an application form provided by the City and shall submit documentation satisfactory to the building official that the special inspector is qualified to make the special inspection(s) for which application is made. The building official shall have the right to administer a written or verbal examination as deemed appropriate by the building official to verify that the special inspector is qualified to perform the inspection duties for which application is made. A special inspector who fails to pass the examination administered by the building official shall be required to wait a minimum of seven (7) days before submitting a new application to provide special inspection within the City.

The building official shall not be required to accept any documentation provided by a special inspector who was not approved by the building official prior to performing inspection duties. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material(s) or work installed, constructed or placed under the review of a special inspector who was not approved by the building official.

Failure to be approved by the building official prior to performing any special inspection duties may be considered by the building official as a failure to perform properly and shall allow the building official to refuse to allow the special inspector to perform inspection within the City.

The special inspector shall observe the work assigned for conformance with the approved design drawings.

The special inspector shall furnish inspection reports to the building official. All observed discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrected, to the proper design authority and to the building official.

The special inspector shall submit a final signed report stating that the work requiring special inspection was, to the best of the inspector’s knowledge, in conformance with the approved plans and the applicable workmanship provisions of the Code(s) having jurisdiction over any portion of the work.

The building official shall have the right to reject any work performed under the review of a special inspector where the work performed fails to meet the minimum requirements of any Code, relevant laws, ordinances, rules and regulations. Regardless of the information communicated between the permit applicant and the special inspector, all work shall comply with the approved plans and any Code, relevant laws, ordinances, rules and regulations.

Upon evidence, satisfactory to the building official, of the failure of a special inspector to perform properly and effectively the duties of said office, the building official may revoke, suspend or refuse to allow the special inspector to perform inspection on sites within the City. Prior to such action, the holder shall be given an opportunity to appear before the building official and be heard.

117.6 Provisions for Structural Observation. When structural observation is required in accordance with the requirements of any Code adopted or enforced by the City, the engineer or architect of record shall indicate on the plans what work is required to be observed by the engineer or architect responsible for the structural design, or the engineer or architect responsible for the structural design shall prepare an inspection program and shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for the submission of observation reports. The program shall be submitted to and approved by the building official prior to building permit issuance.

When required by the engineer or architect responsible for the structural design or the building official, the owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or architect responsible for the structural design, to perform structural observation as defined in Section 202.

When deemed appropriate by the engineer or architect responsible for the structural design, the owner or owner’s representative shall coordinate and call a preconstruction meeting between the engineer or architect responsible for the structural design, the structural observer, the contractor, the affected subcontractors and the special inspector(s). The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load systems of the structure and to review scheduling of the required observations. A record of the meeting shall be submitted to the building official.

All observed discrepancies shall be brought to the immediate attention of the engineer or architect responsible for the structural design and the contractor for correction; then if unresolved, to the building official. The structural observer shall submit to the building official a written statement at each significant construction stage stating that the required site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved.

The structural observer shall submit a final signed report stating that the work requiring structural observation was, to the best of the observer’s knowledge, in conformance with the approved plans and the applicable workmanship provisions of the Code(s) having jurisdiction over any portion of the work.

117.7 Required Approvals. No work shall be done on any part of the building structure or premises beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with any Code, relevant laws, ordinances, rules and/or regulations. Any work that does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official.

There shall be a final inspection and approval of all work when completed and ready for occupancy.

For additional provisions applicable to grading, see Appendix J.

117.8 Site Requirements. A survey of the lot may be required by the building official to verify compliance of the structure with the approved plans.

117.9 Noninspected Work. No person shall own, use, occupy or maintain any structure on which noninspected work has been performed.

117.10 Utility Release. When deemed appropriate by the building official, gas and electric utilities may be released. Release of either utility may be done prior to building final for testing and inspection purposes. The building official shall retain the right to revoke the release of either utility for just cause, and may have either utility disconnected at the earliest availability of the utility purveyor.

Attempting to occupy prior to issuance of a certificate of completed construction, whether temporary or final, may be considered as just cause by the building official, and may result in disconnection of the utilities.

117.11 Authority to Disconnect Electric Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or wiring, devices or materials installed without permit or found to be a hazard to life, health and/or property.

The building official shall have the power to disconnect or to order in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of any Code, relevant laws, ordinances, rules or regulations.

The electrical service shall remain disconnected or electrical utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such wiring, devices or materials have been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official.

117.12 Authority to Disconnect Gas Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of gas utility service to buildings, structures, premises, appliances, devices or materials installed without permit or found to be a hazard to life, health and/or property.

The building official shall have the power to disconnect or to order in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of any Code, relevant laws, ordinances, rules or regulations

The gas service shall remain disconnected or gas utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such appliances, devices or materials has been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official.

(Ord. No. 2308, § 1, 2016; Ord. No. 2370, § 1, 2022; Ord. No. 2371, § 1, 2022.)

9.1.1 2023 Los Angeles County Code, Title 26, Building Code, adopted—Where filed.

Chapters 2 through 35, 66, 67, 96, 98, 99 and Appendices I and J of Title 26, Los Angeles County Building Code, as amended and in effect on or before January 1, 2023, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this article.

In accordance with Section 50022.6 of the California Government Code, not less than one copy of said Title 26 of the Los Angeles County Building Code together with any and all amendments thereto proposed by the city has been and is now filed in the office of the community development department, shall remain on file with the building official, shall collectively be known as the city of South Pasadena building code and may be cited as Chapter 9, Article 1, Section 9.1 of the city of South Pasadena Municipal Code. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 1, 2019; Ord. No. 2341, § 1, 2020; Ord. No. 2370, § 2, 2022; Ord. No. 2371, § 2, 2022.)

9.1.2 City specific modifications.

Chapters 9, 15, 33, 96, 99 and Appendix J of Title 26 of the 2023 Los Angeles County Code (the Los Angeles County Building Code), adopted by reference as the building code of the city, are hereby amended, deleted or added as follows:

1.    Chapter 9 of the Los Angeles County Building Code is deleted in its entirety and replaced with Chapter 9 of California Fire Code as adopted and amended by Chapter 14 SPMC, Fire Prevention, SPMC 14.4, Fire code—Modified.

2.    Section 1505.1.3 is amended in its entirety to read:

Section 1505.1.3 Roof Coverings. Except as permitted per SPMC Chapter 14 Fire Prevention, Section 14.1.2 Special provisions related to roof types, all roof covering of every structure shall be Class A.

3.    A new Section 3301.3 is added to read:

3301.3 On-Site Fencing During Construction.

3301.3.1 General. A fence shall be provided any time grading, demolition, or construction work requiring a grading or building permit is performed. The fence shall totally enclose the perimeter of all property. Locking gates may be provided at any location.

Exceptions:

1)    When approved by the Building Official, a fence need not enclose residential property when at least one dwelling is continuously occupied. Approval not to fence the property may be revoked in writing by the Building Official if the property is found to be unoccupied for any length of time. For the purposes of this exception, continuously occupied is not intended to imply that the occupants must be continuously present.

2)    When approved by the Building Official, The fence may enclose areas other than the perimeter of the property.

3301.3.2 Fence Construction. The fence shall be 6 feet in height measured from adjacent grade on the exterior side of the fence, and constructed from chain link, lumber, masonry or other approved materials. The fence shall be self-supporting and shall not incorporate structures or fencing on adjacent property without written approval of the adjacent property owner.

3301.3.3 Duration of Fencing. The fence shall be erected prior to the start of any grading, demolition, or construction work and shall remain in place until the work for which a grading or building permit is required has been completed.

Exceptions:

1)    All or portions of the fence may be removed daily during construction so long as the property is continuously occupied, and all portions of the removed fence are replaced prior to the property being unoccupied.

2)    When approved by the Building Official, the fence may be removed prior to completion of the grading, demolition, or construction work, if the property is determined by the building official to no longer provide an unsafe or hazardous condition.

3301.3.4 Failure to Comply. If the property is found unfenced and the building official determines that an unsafe or hazardous condition exists, the City may take action to correct the noncomplying condition by providing the required fence. The building official may then issue a notice to stop work until all fees incurred by the City to properly fence the property have been recovered. If such fees have not been recovered by the City within 30 days, the City may take action to recover the costs in accordance with the requirements of the Code(s) having jurisdiction over any portion of the work.

4.    Section 9605.1 is amended in its entirety to read:

9605.1 Time Limitations. The owner of each building within the scope of the 2023 Los Angeles County Building Code Chapter 96 shall, upon receipt of a Service Order and within the time limits set forth in this Ordinance, cause a structural analysis to be made of the building by a licensed civil engineer or architect. If the building does not comply with standards specified in this Chapter and Existing Building Code Appendix Chapter A1 of Part 10, Title 24 of the California Code of Regulations, then the owner shall cause the building to be structurally altered to conform to such standards or shall cause the building to be demolished.

No person shall make any exterior modification or demolish any structure listed on the City’s Inventory of Cultural Resources without prior review by the Cultural Heritage Commission and issuance of a Certificate of Appropriateness pursuant to South Pasadena Municipal Code Section 2.64 or any successor regulation.

Where a Certificate of Appropriateness is required, no plans may be submitted to the Building Division for plan review, and no permits shall be issued for covered work without the required Certificate of Appropriateness.

1.    Compliance by Alteration. Where the building owner intends to comply by structural alteration of the building found to be within the scope of this Ordinance, the owner shall complete the structural alteration work in accordance with the following time limits:

a.    i) Within 120 calendar days of receipt of the Service Order, the building owner is required to provide documentation to the City from a California registered civil or structural engineer or licensed architect that their building is not an unreinforced masonry bearing wall building subject to the requirements of this Ordinance; or

a.    ii) Within 120 calendar days of receipt of the Service Order, the building owner is required to select and contract with a California registered civil or structural engineer or licensed architect to prepare structural alteration plan in compliance with Chapter 96;

b.    Within twelve (12) calendar months after service of the order, the building owner is required to submit plans to the Planning and Building Department for building plan check review of the proposed structural alteration work;

c.    Within eighteen (18) months of receipt of the Service Order, the building owner is to obtain plan check approval of the structural alteration work that is to be performed;

d.    Within twenty-one (21) months of receipt of the Service Order, the building owner is to obtain a permit and commence construction of the structural alteration work;

e.    Within thirty (30) months of receipt of the Service Order, the building owner is to complete the structural alteration work, and to have the permit finaled by the Community Development Department.

2.    Compliance by Demolition. Where the building owner intends to comply with the requirements of this ordinance by demolition, the owner shall comply with the following time limits:

a.    i) Within 180 calendar days of receipt of the Service Order, the building owner is required to provide documentation to the City from a California registered civil or structural engineer that their building is not an unreinforced masonry bearing wall building subject to the requirements of this Ordinance; or

a.    ii) Within 180 days of receipt of the Service Order, notify the City of the intent to demolish the building, submit all required applications and pay all required fees associated with a request to demolish the building;

b.    Within twelve (12) calendar months of receipt of the Service Order, obtain a demolition permit and commence demolition;

c.    Within eighteen (18) calendar months of receipt of the Service Order, complete the demolition work.

5.    Section 9605.2 is deleted in its entirety.

6.    Section 9606.1 is amended in its entirety to read:

9606.1 Order-service. The Building Official shall issue an order as provided in this Section to the owner of each building within the scope of Chapter 96 of the Building Code.

7.    Section 9606.2 is deleted in its entirety.

8.    Section 9606.10 is amended in its entirety to read:

9606.10 (Other abatement procedures) The City shall have the unrestricted ability to enforce compliance with this ordinance by any means prescribed by the South Pasadena Municipal Code, the Building Code or other laws including, but not limited to, ordering the building vacated, termination of all utilities, and/or nuisance abatement including civil and/or criminal prosecution.

9.    Table 96-B (Time Limits for Compliance) is deleted in its entirety.

10.    Table 96-C (Extensions of Time and Service Priorities) is deleted in its entirety.

11.    Section 9903.2 is amended to read:

9903.2 Any unfinished building or structure that has been in the course of construction for an unreasonable period of time, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared a substandard building.

For the purposes of this Section, an unreasonable period of time shall be defined as eighteen (18) months for residential construction or construction located in a Residential Zone, and thirty-six (36) months for all other construction. For the purpose of the Section, residential construction shall also include detached garages and similar accessory structures that serve a residential structure or are located within a Residential Zone.

12.    Section J103.5 is amended in its entirety to read:

J103.5 Grading Fees. Fees shall be assessed in accordance with the provisions of this section. The amount of the fees shall be as specified in the fee resolution.

J103.5.1 Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in any code. For excavation and fill on the same site, the fee shall be based on the total volume of earth handled of excavation and fill.

J103.5.2 Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in any code.

13.    Section J103.6 is amended in its entirety to read:

J103.6 Compliance with Zoning Code. The Building Official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply with the provisions of “Planning and Zoning” of the SPMC.

14.    Section J105.12 is amended in its entirety to read:

J105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is otherwise required by the Building Official:

1.    A certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer’s area of responsibility was done in accordance with the final approved grading plan.

2.    A report prepared by the Soils Engineer retained to provide such services in accordance with Section J105.4, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. The report shall include a certification by the Soils Engineer that to the best of his or her knowledge, the work within the Soils Engineer’s area of responsibility is in accordance with the approved Soils Engineering report and applicable provisions of the Building Code. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage.

3.    A report prepared by the Engineering Geologist retained to provide such services in accordance with Section J105.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of such new information, if any, on the recommendations incorporated in the approved grading plan. The report shall contain a certification by the Engineering Geologist that, to the best of his or her knowledge, the work within the Engineering Geologist’s area of responsibility is in accordance with the approved engineering geology report and applicable provisions of the Building Code. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. The report shall contain a final as-built geologic map and cross-sections depicting all the information collected prior to and during grading.

4.    The grading contractor shall certify, on a form prescribed by the building official that the grading conforms to the approved plans and specifications.

(Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 2, 2019; Ord. No. 2341, § 2, 2020; Ord. No. 2370, § 2, 2022; Ord. No. 2371, § 2, 2022.)

9.2 Electrical code administration.

Except as modified herein, the administration of the electrical code shall be as set forth in SPMC 9.1 (Building code administration).

101.1 Title. Sections 9.2 and 9.2.1 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Electrical Code of the City, may be cited as such, and will be referred to herein as “these Electrical Regulations” or “these Electrical Standards “or “this Electrical Code.”

101.3 Scope and Applicability The provisions of this Electrical Code shall apply to the erection, alteration, installation, repair, movement, improvement, removal connection or conversion of any electrical equipment and/or appliances or any other electrical work regulated by this Electrical Code within the City.

Exception: The provisions of this Electrical Code shall not apply to public utilities; or to electrical wiring for street lighting or traffic signals located primarily in a public way; or to mechanical equipment not specifically regulated in this Electrical Code. The provisions of this Electrical Code shall not apply to any electrical work performed by or for any electrical corporation, telephone corporation, telegraph corporation, railroad corporation or street railroad corporation on or with any electrical equipment owned or controlled and operated, or used by and for the exclusive benefit of, such corporation in the conduit of its business as a public utility, or to any other work which any such corporation may be entitled by law to perform without payment of any local tax; but all provisions of this Electrical Code shall apply insofar as they may consistently with the above be applicable to all other electrical work performed by or for any such corporation.

The terms “electrical corporation”, “telephone corporation”, railroad corporation”, and “street railroad corporation” are herein used as said terms are respectively defined in the Public Utility Code of the State of California; and such terms shall also be deemed to include similar utilities which are municipally or governmentally owned and operated.

Where, in any specific case, different sections of this Electrical Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

In the event, any differences in requirements exist between the accessibility requirements of this Electrical Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

106.1 Plan Check Requirements. When required by the building official to verify compliance with any Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such.

Only after the plans have been approved may the applicant apply for an electrical permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

Separate Electrical Code plan review is required for any of the following:

1.    To verify compliance with State energy requirements when such information is not shown completely on the building plans;

2.    Any installation of any equipment rated at 400 amperes or larger;

3.    Any installation of a subpanel, switchboard or motor control center having a rating of 400 amperes or larger;

4.    Any installation of a motor rated more than 10 HP;

5.    Any installation of a transformer, generator, uninterruptable power supply (UPS), phase converter, capacitor, rectifier or other separately derived system;

6.    Any installation of storage batteries;

7.    Any installation of equipment rated above 600V;

8.    All motion picture theaters;

9.    Assembly rooms having an occupant load exceeding 500 occupants;

10.    All gas stations, repair garages and similar locations classified as Hazardous in the Electrical Code;

11.    Spray booths;

12.    Installation of lighting fixtures weighing more than 300 pounds;

13.    Installation of any illuminated sign;

14.    Any installation in a building of Type I-A, Type II-A, Type III-A, Type IV or Type V-A fire-resistive construction where penetrations are required of fire-resistive walls, floors or ceilings.

Plans, calculations, reports or documents for work regulated by any Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of an electrical engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

106.3 Information Required on Electrical Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of any Code and all relevant laws, ordinances, rules and regulations.

The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans.

Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the electrical plans shall indicate the following:

1)    A complete floor plan showing the location of the proposed service and all proposed subpanels, switchboards, panelboards and/or motor control centers. All required working space dimensions shall also be indicated where required by the building official;

2)    A complete plan showing the layout, conductor size and insulation type for all proposed electric wiring in all parts of the building or structure;

3)    A legend of all symbols used and a list of all abbreviations used;

4)    A complete single line diagram with complete system grounding, water pipe bonding and other metal pipe bonding as required by the building official;

5)    The location of all proposed outlet boxes for switches, lights, receptacles and similar devices in all parts of the building or structure;

6)    The location, voltage and wattage or ampere rating for each noninductive piece of equipment;

7)    The location, voltage and wattage or ampere rating for each transformer, capacitor, ballast, converter, frequency changer and/or similar equipment;

8)    The location, voltage and horsepower rating for all motors, generators and similar equipment;

9)    The horsepower rating for all disconnects protecting more than one motor or protecting any piece of HVAC equipment containing more than one motor;

10)    Panel schedules for all proposed subpanels and similar equipment;

11)    Lighting fixture schedule;

12)    Any other information requested by the building official.

Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems.

When deemed necessary by the building official, the first sheet of each set of plans shall indicate the building Type of Construction as defined in the Building Code and the Electrical Code in effect on the date of plan check submittal.

107.1 Electrical Permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, any electrical equipment without first obtaining an electrical permit from the building official.

The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with any Code and all relevant laws, ordinances, rules and regulations.

107.2 Work Exempted from Electrical Permit. An Electrical Permit shall not be required for the following:

1)    Minor repair work such as the replacement of lamps, switches, receptacle devices and sockets which were previously permitted and inspected under a valid electrical permit;

2)    Connection of portable generators, portable motors, appliances, tools, power outlets and other portable equipment connected by means of a cord or cable having an attachment plug to a permanently installed receptacle which was previously permitted and inspected under a valid electrical permit;

3)    Repair or replacement of overcurrent devices;

4)    The wiring for temporary theater, motion picture or television stage sets;

5)    The repair or replacement of ground, slab, floor or roof mounted fixed motors or appliances of the same type and rating in the same location and which were previously permitted and inspected under a valid electrical permit. Note: Suspended or wall mounted equipment may be exempted from electrical permit requirements only after documentation has been submitted to and reviewed by the building official for adequate seismic anchorage. Separate building permits may be required;

6)    That portion of electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy;

7)    That portion of telephone, intercom, sound, alarm, control, communication and/or signal wiring that is not an integral part of an appliance, and which operates at 30 volts or less. Note: Separate permit may be required from the Fire Department;

8)    Temporary decorative lighting which is not installed for more than 90 days;

9)    The installation of temporary wiring for testing or experimental purposes within suitable facilities specifically approved by the building official for such use.

Exemption from the permit requirements of any Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of other laws or ordinances.

(Ord. No. 2308, § 1, 2016.)

9.2.1 2023 Los Angeles County Code, Title 27, Electrical Code, adopted.

Los Angeles County Electrical Code Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J, Title 27, the 2023 Los Angeles County Electrical Code, as amended and in effect on or before January 1, 2023, except as otherwise provided in said Title 27, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all the regulations, revisions, conditions and terms contained therein.

In accordance with California Government Code Section 50022.6, one copy of said Los Angeles County Electrical Code will remain on file with the building official within the planning and building department and shall be at all times maintained by the building official for use and examination by the public. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 3, 2019; Ord. No. 2341, § 3, 2020; Ord. No. 2370, § 3, 2022; Ord. No. 2371, § 3, 2022.)

9.3 Plumbing code administration.

Except as modified herein, the administration of the plumbing code shall be as set forth in SPMC 9.1 (Building code administration).

101.1 Title. Sections 9.3 and 9.3.1 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Plumbing Code of the City, may be cited as such, and will be referred to herein as “these Plumbing Regulations” or “these Plumbing Standards “or “this Plumbing Code.”

101.3 SCOPE. The provisions of this Plumbing Code shall apply to the erection, alteration, installation, repair, movement, improvement, removal connection or conversion of any plumbing equipment and/or appliances or any other plumbing work regulated by this Plumbing Code within the City.

Where, in any specific case, different sections of this Plumbing Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

In the event, any differences in requirements exist between the accessibility requirements of this Plumbing Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code).

Where the requirements of this Plumbing Code conflict with the requirements of Mechanical Code of the City, this Plumbing Code shall prevail.

106.1 Plan Check Requirements. When required by the building official to verify compliance with any Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a plumbing permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

Separate Plumbing Code plan review is required for any of the following:

a)    For any restaurant which requires a grease trap or a grease interceptor;

b)    Any facility which requires a sand/grease clarifier;

c)    Plumbing Systems with more than 216 waste fixture units;

d)    Potable water supply piping required to be 2" or larger;

e)    Fuel gas piping required to be 2" or larger;

f)    Fuel gas piping containing medium- or high-pressure gas;

g)    Combination waste and vent systems;

h)    Plumbing fixtures located below the next upstream manhole or below the sewer main;

i)    Chemical waste systems;

j)    Rainwater system employing a sump pump;

k)    Grey water systems;

l)    Any type of sewer ejection system or lift station;

m)    Any installation in a building of Type I-A, Type II-A, Type III-A, Type IV or Type V-A fire-resistive construction where penetrations are required of fire-resistive walls, floors or ceilings.

Plans, calculations, reports or documents for work regulated by any Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a plumbing engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

106.3 Information Required on Plumbing plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of any Code and all relevant laws, ordinances, rules and regulations.

The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans.

Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the plumbing plans shall indicate the following:

a)    A complete floor plan showing the location of all proposed plumbing fixtures;

b)    A complete plan showing the layout, diameter and material of all proposed piping;

c)    A legend of all symbols used and a list of all abbreviations used;

d)    Any other information requested by the building official.

Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be made for plumbing piping and similar systems.

When deemed necessary by the building official, the first sheet of each set of plans shall indicate the building Type of Construction as defined in the Building Code and the Plumbing Code in effect on the date of plan check submittal.

107.1 Plumbing permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, to any plumbing equipment or fixtures without first obtaining a plumbing permit from the building official. A Plumbing Permit is required for any installation, alteration, reconstruction or repair of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping (potable or nonpotable but which is connected to a potable water source) or gas piping located within or on any building, structure or premises.

107.2 Work Exempted from Plumbing Permit. A Plumbing Permit shall not be required for the following:

a)    Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping.

b)    Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks.

c)    Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit.

Exemption from the permit requirements of any Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of other laws or ordinances.

The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with any Code and all relevant laws, ordinances, rules and regulations.

(Ord. No. 2308, § 1, 2016.)

9.3.1 2023 Los Angeles County Code, Title 28, Plumbing Code, adopted.

Los Angeles County Plumbing Code Chapters 2 through Chapter 17, and Appendices A, B, D, H, I and J, Title 28, the 2023 Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2023, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained.

In accordance with California Government Code Section 50022.6, one copy of said Los Angeles County Plumbing Code will remain on file with the building official within the community development department and shall be at all times maintained by the building official for use and examination by the public. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 4, 2019; Ord. No. 2341, § 4, 2020; Ord. No. 2370, § 4, 2022; Ord. No. 2371, § 4, 2022.)

9.4 Mechanical code administration.

Except as modified herein, the administration of the mechanical code shall be as set forth in SPMC 9.1 (Building code administration).

101.1 Title. Sections 9.4 and 9.4.1 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Mechanical Code of the City, may be cited as such, and will be referred to herein as “these Mechanical Regulations” or “these Mechanical Standards “or “this Mechanical Code.”

101.3—SCOPE. The provisions of the Mechanical Code shall apply to the erection, alteration, installation, repair, relocation, movement, improvement, removal connection or conversion, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances mechanical equipment and/or appliances or any other mechanical work regulated by the Mechanical Code within the City.

Where, in any specific case, different sections of the Mechanical Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

In the event, any differences in requirements exist between the accessibility requirements of the Mechanical Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

106.1 Plan Check Requirements. When required by the building official to verify compliance with any Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a mechanical permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction.

Separate Mechanical Code plan review is required for any of the following:

a)    To verify compliance with State energy requirements when such information is not shown completely on the building plans;

b)    Installations where the aggregate BTU input capacity for either comfort heating or comfort cooling is more than 500,000 BTU;

c)    Type I or Type II commercial hoods;

d)    Parking garage exhaust ventilation systems;

e)    Product conveying duct system;

f)    Spray booths;

g)    Stair pressurization systems;

h)    Installation of fire dampers, smoke dampers and/or combination smoke/fire dampers;

i)    Air moving systems supplying air in excess of 2000 cfm and where smoke detectors are required in the duct work;

j)    Any installation in a building of Type I-A, Type II-A, Type III-A, Type IV or Type V-A fire-resistive construction where penetrations are required of fire-resistive walls, floors or ceilings.

Plans, calculations, reports or documents for work regulated by any Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a mechanical engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect.

106.3 Information Required on Mechanical plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of any Code and all relevant laws, ordinances, rules and regulations.

The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans.

Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the mechanical plans shall indicate the following:

a)    A complete floor plan showing the location of all proposed mechanical equipment, duct work, vents, etc.;

b)    A complete plan showing the layout, diameter and material of all proposed piping;

c)    A legend of all symbols used and a list of all abbreviations used;

d)    The location of all proposed inlets, outlets, diffusers, etc.;

e)    The btu/Hr and/or cfm rating of all equipment;

f)    Any other information requested by the building official.

Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be made for mechanical piping and similar systems.

When deemed necessary by the building official, the first sheet of each set of plans shall indicate the building Type of Construction as defined in the Building Code and the Mechanical Code in effect on the date of plan check submittal.

107.1 Mechanical permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, any mechanical equipment without first obtaining a mechanical permit from the building official.

The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with any Code and all relevant laws, ordinances, rules and regulations.

107.2 Work Exempted from Mechanical permit. A mechanical permit shall not be required for the following:

a)    Installation of portable appliances or equipment used for heating ventilating, or cooling (refrigeration or evaporative) which does not require either a Building Permit or an Electrical Permit to install;

b)    Repair or replacement of steam, hot, or chilled water piping, and refrigeration piping which were previously permitted and inspected under a valid mechanical permit;

c)    Repair or replacement of components to a refrigeration system which were previously permitted and inspected under a valid Mechanical permit;

d)    Repair or replacement of any component, part or assembly of an appliance which does not alter its original approval and complies with the other applicable requirements of the Mechanical Code;

e)    Any unit refrigerating system.

Exemption from the permit requirements of the Mechanical Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of other laws or ordinances.

(Ord. No. 2308, § 1, 2016.)

9.4.1 2023 Los Angeles County Code, Title 29, Mechanical Code, adopted.

Los Angeles County Mechanical Code Chapters 2 through 17 and Appendices B, C and D, Title 29, the 2023 Los Angeles County Mechanical Code, as amended and in effect on or before January 1, 2023, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

In accordance with California Government Code Section 50022.6, one copy of said Los Angeles County Mechanical Code will remain on file with the building official within the community development department and shall be at all times maintained by the building official for use and examination by the public. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 5, 2019; Ord. No. 2341, § 5, 2020; Ord. No. 2370, § 5, 2022; Ord. No. 2371, § 5, 2022.)

9.5 Residential code.

Except as modified herein, the administration of the residential code shall be as set forth in SPMC 9.1 (Building code administration).

101.1 Title. Sections 9.5, 9.5.1 and 9.5.2 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Residential Code of the City, may be cited as such, and will be referred to herein as “these Residential regulations” or “these Residential standards “or “this Residential Code.”

(Ord. No. 2308, § 1, 2016.)

9.5.1 2023 Los Angeles County Code, Title 30, Residential Code, adopted.

Section 1206 (Sound Transmission) of Chapter 12, Chapters 67, 69, 96, 98, 99, and Appendix J of Title 26 of the Los Angeles County Building Code are adopted by reference as amended by city building code (SPMC 9.1) and incorporated into this section as if fully set forth below and shall be known as Section 1206 (Sound Transmission) of Chapter 12, Chapters 67, 69, 96, 98, 99, and Appendix J of the city residential code.

Chapters 2 through 10, 44 and Appendix H of Title 30, Los Angeles County Residential Code, as amended and in effect on or before January 1, 2023, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in SPMC 9.5.2 are hereby repealed, added or amended to read as set forth therein.

In accordance with California Government Code Section 50022.6, one copy of said Los Angeles County Building Code will remain on file with the building official within the community development department and shall be at all times maintained by the building official for use and examination by the public. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 6, 2019; Ord. No. 2341, § 6, 2020; Ord. No. 2370, § 6, 2022; Ord. No. 2371, § 6, 2022.)

9.5.2 City specific modifications.

Chapter 3 of Title 30 of the Los Angeles County Code (the Los Angeles County Residential Code), adopted by reference as the residential code of the city, is hereby amended, deleted or added as follows:

a.    Section R313 is deleted in its entirety and replaced with Section 903 of Chapter 9 of the California Fire Code as adopted and amended by Chapter 14 SPMC, Fire Prevention, SPMC 14.4, Fire code—Modified.

b.    Section R902.2 is amended in its entirety to read:

R902.2 Roof Coverings in All Areas. Except as permitted per SPMC Chapter 14 Fire Prevention, Section 14.1.2 Special provisions related to roof types, all roof covering of every structure shall be Class A.

(Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 7, 2019; Ord. No. 2341, § 7, 2020; Ord. No. 2370, § 7, 2022; Ord. No. 2371, § 7, 2022.)

9.6 Existing building code.

Except as modified herein, the administration of the Existing Building Code shall be as set forth in SPMC 9.1 (Building Code Administration).

101.1 Title. Sections 9.6 and 9.6.1 of Article 1 of Chapter 9 of the SPMC shall collectively be known as the Existing Building Code of the City, may be cited as such, and will be referred to herein as “these Existing Building regulations” or “these Existing Building standards “or “this Existing Building Code.”

101.3—SCOPE. The provisions of the Existing Building Code shall apply to the repair, alteration, change of occupancy, addition to and relocation of any existing building or structure or any other work regulated by the Existing Building Code within the City, subject to the criteria of Sections 101.3.1 and 101.3.2.

Where, in any specific case, different sections of the Existing Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

In the event, any differences in requirements exist between the accessibility requirements of the Existing Building Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern.

101.3.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the Building Code or Residential Code, as applicable, for new construction.

101.3.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of the Existing Building Code shall be permitted to continue without change, except as is specifically covered in the Existing Building Code, the Fire Code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.

(Ord. No. 2308, § 1, 2016.)

9.6.1 Los Angeles County Code, Title 33, Existing Building Code, adopted.

Los Angeles County Existing Building Code Chapters 2 through 4, 15, 16 and Appendix A, Chapters A1, A3, A4 and A5 of Title 33, the 2023 Los Angeles County Existing Building Code, as amended and in effect on or before January 1, 2023, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California as though fully set forth herein, and made a part of the South Pasadena Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

In accordance with California Government Code Section 50022.6, one copy of said Los Angeles County Building Code will remain on file with the building official within the community development department and shall be at all times maintained by the building official for use and examination by the public. (Ord. No. 2308, § 1, 2016; Ord. No. 2337, § 8, 2019; Ord. No. 2341, § 8, 2020; Ord. No. 2370, § 8, 2022; Ord. No. 2371, § 8, 2022.)

ARTICLE II. EXPEDITED PERMITTING*

*    Previous Article II, entitled Housemovers, was repealed by Ordinance No. 2069.

9.20 Small residential rooftop solar energy systems—Intent and purpose.

The purpose of this article is to establish an expedited, streamlined solar permitting process that complies with Civil Code Section 714 and Government Code Section 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the city of South Pasadena (city), and expanding the ability of property owners to install small residential rooftop solar energy systems. This article allows the city to achieve these goals while protecting the public health and safety. (Ord. No. 2285, § 1, 2015; Ord. No. 2370, § 9, 2022; Ord. No. 2371, § 9, 2022.)

9.21 Applicability.

(a)    This article applies to the permitting of all small residential rooftop solar energy systems in the city.

(b)    Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this article are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of the small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. (Ord. No. 2285, § 1, 2015.)

9.22 Definitions.

The following words and phrases as used in this article are defined as follows:

(a)    “Small residential rooftop solar energy system” means all of the following:

(1)    A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

(2)    A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city; and to Civil Code Section 714, subdivision (c)(3), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(3)    A solar energy system that is installed on a single- or duplex-family dwelling.

(4)    A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

(b)    “Solar energy system” has the same meaning as that set forth in Civil Code Section 801.5, subdivisions (a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(c)    “Electronic submittal” means the utilization of one or more of the following:

(1)    E-mail;

(2)    The Internet;

(3)    Facsimile. (Ord. No. 2285, § 1, 2015.)

9.23 Duties of building division and building official.

(a)    All documents required for the submission of an expedited solar energy system application shall be made available on the city’s website.

(b)    Applicant may submit the permit application and associated documentation to the city’s building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees.

(c)    An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(d)    The city’s building division shall adopt a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(e)    The small residential rooftop solar system permit process and checklist(s) shall substantially conform to state recommendations for expedited permitting, including the checklist contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

(f)    All plan review and permit fees shall be as adopted by separate resolution and/or ordinance. Plan checking fees shall be paid at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance. Any such fees must comply with Government Code Sections 65850.55 and 66015, and any other applicable state laws. (Ord. No. 2285, § 1, 2015.)

9.24 Permit review and inspection requirements.

(a)    Prior to submitting an application, the applicant shall:

(1)    Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

(2)    At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system, including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

(b)    For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

(c)    An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(d)    Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (Ord. No. 2285, § 1, 2015.)

9.25 Electrical vehicle charging stations—Intent and purpose.1

The purpose of this article is to establish an expedited, streamlined electric vehicle charging stations permitting process to achieve timely and cost-effective installations of electric vehicle charging stations, and to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.

Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this article. (Ord. No. 2370, § 10, 2022; Ord. No. 2371, § 10, 2022.)

9.26 Definitions.

For the purpose of this article, words and terms used in this article shall have the meanings set forth in this section. Where terms are not defined in this section and are defined elsewhere in this code, or the building code, such terms shall have the meanings ascribed to them in such codes. The terms, phrases, and words used in this article shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

“Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance codified in this article, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

“Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Ord. No. 2370, § 10, 2022; Ord. No. 2371, § 10, 2022.)

9.27 Expedited review process.

(a)    Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations and a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The city’s checklist shall be published on the city’s website.

(b)    Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this article and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(c)    Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

(d)    A permit application that satisfies the information requirements in the city’s checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city checklist, and is consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (Ord. No. 2370, § 10, 2022; Ord. No. 2371, § 10, 2022.)

9.28 Technical review.

It is the intent of this article to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the city may require the applicant to apply for a use permit. (Ord. No. 2370, § 10, 2022; Ord. No. 2371, § 10, 2022.)

ARTICLE III. UNREINFORCED MASONRY BUILDING SIGNAGE REQUIREMENTS

9.32 Unreinforced masonry building signage requirements.

The signage specified by Section 8875.8 of the California Government Code shall be installed at each exterior public, private, or employee entrance to the unreinforced masonry building. The signs shall be posted at a height of 75 to 85 inches above the walking surface on the exterior side of the door, and unless otherwise approved in writing by the director of planning and building, the signs shall be mounted either on the door or within 18 inches of the door jamb on either the swing or strike side of the door. (Ord. No. 2308, § 2, 2016.)

ARTICLE IV. UNDERGROUNDING OF UTILITIES PRIOR
TO ISSUANCE OF BUILDING PERMITS

9.45 Underground utilities connection.

The director of planning and building shall, as a condition precedent to the issuance of any building, electrical or plumbing permit, require all utility services located within exterior boundary lines of any lot or parcel of property to be installed underground if:

(a)    The property is to be developed with a new or relocated main building.

(b)    A residential building or use is converted to any nonresidential use or purpose.

(c)    The remodeling, alteration or addition to an existing commercial building involves an expense (expended or self-provided) totalling within any twelve month period a sum equal to or greater than twenty-five percent of the then market value of such commercial building. The director of planning and building may refer to available records of the county assessor’s office to assist him in ascertaining the current market value of the building.

For purposes of this article the term “main building” shall mean a building in which is conducted the principal use of the lot or building site on which it is located.

For purposes of this article the term “commercial building” shall mean a building in which is conducted a commercial use, excluding home occupational uses. (Ord. No. 1668.)

9.46 Exceptions.

The following exceptions shall apply:

(a)    Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed, for the sole purpose of terminating underground facilities.

(b)    Temporary utilities along with the necessary service poles, wires, and cable may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the zoning ordinance, building code and other applicable regulations.

(c)    Risers on poles and buildings are permitted and shall be provided by the developer or owner on the pole which provides service to said property.

(d)    Appurtenances and associated equipment including, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts within a structure as part of an underground system may be placed above ground. All equipment placed above ground shall be considered accessory structures. (Ord. No. 1668.)

9.47 Waiver, modification or delay.

It is the intention that all the utility facilities of developments described in Section 9.45 be placed underground. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purpose of this chapter and unique to a particular parcel of property would result from the literal application of this section, the zoning board may waive, modify or delay the application of any undergrounding requirement imposed pursuant to this section upon written application of any affected property owner. The zoning board shall notify the applicant of their decision in writing by mail. If the zoning board determines to delay the installation of required underground utilities, they may require a recorded agreement guaranteeing the future performance of the work together with adequate performance security enforceable by the city in the form of a cash deposit, bond, letter of credit, or other instrument satisfactory to the city attorney. (Ord. No. 1668.)

9.48 Right of appeal.

Any person dissatisfied by any decision of the planning commission board may file an appeal with the city council within fifteen days after the decision of the zoning board is deposited in the mail. The city council may overrule, modify or affirm the decision of the planning commission. The decision of the city council shall be final and conclusive in all cases. (Ord. No. 1668.)

ARTICLE VII. HISTORICAL BUILDING CODE

9.50 Adopted by reference.

In accordance with the provisions of the state of California Title 24, Building Standards, Part 8, State Historical Building Code (1979 Edition) with Amendments and Additions to Rules and Regulations of Title 24, Building Standards, and any future amendment thereto is adopted by reference, three copies of such code having been filed for use and examination by the public in the office of the city clerk. (Ord. No. 1855, § 1.)

ARTICLE VIII. MAINTENANCE OF BUILDINGS AND LOTS

9.60 Purpose.

The purpose of this article is to promote the public health, safety and welfare by requiring a minimum level of maintenance of private property to protect the livability, appearance and social and economic stability of the city and to protect the public from the health and safety hazards and the impairment of property values that result from the neglect and deterioration of property. (Ord. No. 2116, § 1.)

9.62 Public nuisance.

Any property that is a blighted property pursuant to the provisions of this article is hereby declared and determined to be a public nuisance. (Ord. No. 2116, § 1.)

9.64 Prohibition of blighted property.

(a)    No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain that property as a blighted property or cause or permit that property to be maintained as a blighted property.

(b)    No person, whether as owner, agent, manager, operator, lessee, sublessee, tenant or occupant of a property, shall take any action or allow any action to be taken at that property in violation of any provision of this article or any order issued pursuant to the provisions of this article. (Ord. No. 2116, § 1.)

9.66 Enforcement.

(a)    The city manager is authorized to administer and enforce the provisions of this article. All enforcement officers to whom the city manager has delegated enforcement responsibilities are authorized to inspect property and take any other actions as may be required or appropriate to administer or enforce the provisions of this article.

(b)    Every person shall comply with the provisions of this article. Any person who violates any provision of this article shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation, institution of an administrative citation in accordance with Chapter 1A of this Code, nuisance procedures in accordance with Chapter 24 of this Code, institution of a criminal citation as a misdemeanor or infraction in accordance with Chapter 1 of this Code, and if the condition constitutes a violation of a uniform code adopted by the city, it may be enforced in the manner prescribed therein. (Ord. No. 2116, § 1.)

9.68 Abatements.

Whenever the city manager or any person authorized by the city manager to enforce the provisions of this article determines that a property is blighted property, the city manager or designee may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated in accordance with the provisions of this Code, or any other lawful means. The city manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted. (Ord. No. 2116, § 1.)

9.70 Blighted property.

Any property on which there exists any one or more of the conditions or activities described in this article is a blighted property. (Ord. No. 2116, § 1.)

9.72 Unsecured building or structure.

An unsecured building or structure is a blighted property. A building or structure is unsecured when either of the following conditions exist:

(a)    The building or structure is inhabited, occupied or used without the consent of the owner of the property, building or structure or an agent of the owner; or

(b)    Unauthorized persons can readily gain entry to the building or structure without the consent of the owner or agent of the owner. (Ord. No. 2116, § 1.)

9.74 Abandoned construction.

A partially constructed, reconstructed, or demolished building or structure upon which work has been abandoned constitutes property blight. Work is deemed abandoned when there is no valid and current building or demolition permit for the work or when there has not been any substantial work on the building or structure for a period of six months or more. (Ord. No. 2116, § 1.)

9.76 Attractive nuisance.

Any property that is unsecured and constitutes an attraction to children or a harbor for vagrants, criminals or other unauthorized persons, or is in a condition such that persons can resort thereto for the purpose of committing a nuisance or unlawful act constitutes property blight. (Ord. No. 2116, § 1.)

9.78 State of disrepair.

A building or structure that is in a state of disrepair constitutes property blight. A building or structure is in a state of disrepair when any of the following conditions exist:

(a)    Exterior walls or roof coverings have become deteriorated, do not provide adequate weather protection, or show evidence of the presence of termite infestation or dry rot; or

(b)    Broken or missing windows or doors constitute a hazardous condition or a potential attraction to trespassers; or

(c)    Building exteriors, walls, fences, retaining walls, driveways, or walkways are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties; or

(d)    Any part of the property, including any building or structure located on the property, that is visible from a street, right-of-way, or neighboring property is defaced with an inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on the property. (Ord. No. 2116, § 1.)

9.80 Inadequate landscape maintenance.

Inadequate landscaping constitutes property blight. A property is inadequately landscaped when any of the following conditions exist:

(a)    The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that:

(1)    Constitutes a fire hazard or other condition that is dangerous to the public health, safety, welfare; or

(2)    Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or

(3)    Substantially detracts from the aesthetic and property values of neighboring properties, except that lawn areas that are dying off in preparation for the installation of drought-tolerant landscaping do not constitute blight provided that the property owner takes all of the following actions:

(A)    Inform the city’s community improvement coordinator in writing that said lawn areas are being made ready for drought tolerant landscaping,

(B)    Post a sign in the lawn area to notify neighbors about the impending drought tolerant landscaping, and

(C)    Replace said lawn areas with landscaping within two months of the property owner’s notice to the city’s community improvement coordinator; or

(4)    Is overgrown onto a public right-of-way at least twelve inches; or

(5)    Is completely dead, over twelve inches in height, and covers more than fifty percent of the front or corner side yard visible from a street.

(b)    A property fails to meet minimal landscaping requirements when any of the following conditions listed in this subsection exists on the property:

(1)    The landscaped area fails to comply with applicable development permit requirements; or

(2)    At least fifty percent of the front and side yards that are visible from the street, excluding improved surfaces such as walkways and driveways, of dwellings not subject to any development permit do not have maintained landscape areas; or

(3)    The landscaping is not installed or the landscaped area is not maintained in compliance with this article, other applicable provisions of this code, or any permit issued pursuant to this Code.

(c)    For the purpose of this section, landscaping means covered with live trees, shrubs, lawn, or other live plant materials. (Ord. No. 2116, § 1; Ord. No. 2242, § 1, 2013.)

9.82 Inadequate solid waste maintenance.

(a)    The accumulation of garbage or waste matter as defined in Section 16.1 of this Code constitutes property blight in the following situations:

(1)    The accumulation of garbage or waste matter is visible from a street, public right-of-way, or neighboring property and is present for more than seventy-two consecutive hours; or

(2)    The accumulation of garbage or waste matter is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.

(b)    The accumulation of dirt, litter, or debris in vestibules or doorways of buildings constitutes property blight if it is visible from any public street, public right-of-way, or neighboring properties and is present for more than seventy-two consecutive hours. (Ord. No. 2116, § 1.)

9.84 Polluted water.

Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming polluted is blighted property. For the purpose of this article, polluted water is water that contains any bacterial growth, including algae, remains of rubbish, refuse, debris, papers, or any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition. (Ord. No. 2116, § 1.)

9.86 Dangerous condition.

Any property on which there exists a dangerous condition is blighted property. A property is considered to have a dangerous condition prohibited by this article if any one or more of the following conditions exists on the property:

(a)    Land having a topography, geology, or configuration that, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems that pose a threat of injury or are injurious to any neighboring property; or

(b)    Any condition or object, including without limitation landscaping, fencing or signs, that obscures the visibility of public street intersections to the public in a manner that constitutes a hazard; or

(c)    Items are present that are inadequately secured or protected and, due to their accessibility to the public, may prove hazardous or dangerous including, without limitation:

(1)    Unused or broken equipment or machinery,

(2)    Abandoned wells, shafts, or basements,

(3)    Unprotected pools, ponds, or excavations,

(4)    Structurally unsound fences or structures,

(5)    Lumber, or accumulations of lumber or other construction materials, or

(6)    Chemicals, motor oil, or other hazardous materials. (Ord. No. 2116, § 1.)

9.88 Vacant building.

(a)    Vacant building means a building which has remained unoccupied for a period of more than thirty days.

(b)    A building is not deemed to be vacant for purposes of this article if any of the following conditions exist:

(1)    Any unit or portion of the building is occupied;

(2)    Any other building on the same lot is occupied;

(3)    Construction or alteration in progress pursuant to a valid, unexpired building permit.

(c)    A vacant building or lot maintained in a condition in violation of the provisions of this article is blighted property. (Ord. No. 2116, § 1.)

9.90 Vacant building—Appearance.

(a)    All vacant buildings must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti.

(b)    All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant building and to create a sufficient appearance of repair to deter unauthorized occupation.

(c)    The exterior of the vacant building property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety. (Ord. No. 2116, § 1.)

9.92 Vacant building—Structural and building standards.

(a)    All vacant buildings shall be maintained in a structurally sound condition.

(b)    All electrical, natural gas, sanitary and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety. (Ord. No. 2116, § 1.)

9.94 Vacant building—Fire safety.

(a)    All vacant buildings shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.

(b)    No vacant building or portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.

(c)    Heating facilities or heating equipment in vacant buildings shall either be removed or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances. (Ord. No. 2116, § 1.)

9.96 Vacant buildings—Security standards.

(a)    All vacant buildings shall be maintained in a way which secures them from any unauthorized entry.

(b)    The owner or responsible agent of a vacant building which has suffered an unauthorized entry must provide security which meets the following minimum standards:

(1)    All windows and sliding doors shall provide either intact glazing or resistance to entry equivalent to or greater than that of a solid sheet of not less than 15/32 inch thick plywood or one-half inch thick Oriented Strand Board, painted to match the building to protect it from the elements, cut to fit the opening, and securely nailed using 8D galvanized nails spaced not more than six inches on the center.

(2)    Doors and service openings with thresholds located ten feet or less above grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt.

(3)    Exterior doors, if openable, may be closed from the interior of the building by toe nailing them to the door frame using 10D or 16D galvanized nails.

(4)    There shall be at least one openable door into each building. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or deadlatch.

(5)    All locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of not less than 15/32 inch thick plywood or one-half inch thick Oriented Strand Board and shall be equipped with a lock as described above. (Ord. No. 2116, § 1.)

9.98 Vacant building lots—Debris removal.

All vacant buildings, including all adjoining yard areas, and all lots, whether or not they contain a building or other structure, shall be maintained free of debris, combustible materials, litter and garbage. (Ord. No. 2116, § 1.)

9.100 General conditions.

The presence of any one or more of the following conditions on property constitutes property blight:

(a)    Any condition that is detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in California Civil Code 3480;

(b)    Any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties. (Ord. No. 2116, § 1.)

9.110 Summary abatement—Imminent danger.

(a)    Any condition of property blight which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public may be summarily abated by the city manager, in accordance with Chapter 24 of this code.

(b)    Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city manager to be necessary. (Ord. No. 2116, § 1.)

9.120 Restriction from use.

If there exists on a blighted property any condition reasonably believed to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the city manager may order the immediate restriction from use or occupancy of the blighted property in accordance with the provisions of Chapter 24 of this Code. In addition to restricting use or occupancy, the order may require other abatement actions to be taken. (Ord. No. 2116, § 1.)

9.130 Abatement procedures.

The city manager may institute procedures for summary abatement or abatement of blighted property pursuant to Chapter 24 of this code. Costs for any abatement performed by or on behalf of the city shall be recoverable by the city. (Ord. No. 2116, § 1.)

9.140 Procedures—Cumulative.

(a)    Procedures used and actions taken for the abatement of property blight are not limited by this article. Procedures and actions under this article may be utilized in conjunction with or in addition to any other procedure or action applicable to the regulation of buildings, structures, or property.

(b)    All property blight conditions which are required to be abated pursuant to the provisions and permit requirements of this article shall be subject to all provisions of this code including, but not limited to, building construction, repair or demolition, and to all property improvement, zoning and fire code provisions. (Ord. No. 2116, § 1.)

1

Ords. 2370 and 2371 added new sections numbered 9.30 through 9.33. These sections have been editorially renumbered to avoid duplication and overlap of section numbering.