Chapter 15.08
ADMINISTRATION

Sections:

15.08.120    Fee refunds.

15.08.130    Violation – Penalty.

15.08.140    After-the-fact permit application defined.

15.08.150    After-the-fact permit application – Investigation fee.

15.08.160    Certification of compliance with applicable declarations of covenants, conditions and restrictions (CC&Rs).

15.08.120 Fee refunds.

In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit has been commenced and such permit has been cancelled without any work having been done, the permittee, upon presentation to the building inspector of a request therefor in writing within ninety days of the issuance of such permit, shall be entitled to a refund in an amount equal to seventy-five percent of the fee actually paid for such permit. The building inspector will satisfy himself or herself as to the right of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the city. No refund shall be made when a permit has been obtained by falsification or misrepresentation and has been revoked for such cause. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 268 § 9, 1970)

15.08.130 Violation – Penalty.

Any person violating any of the provisions of this title, or any of the provisions of any of the building codes adopted by the city by reference thereto as set forth in this title, shall be guilty of a misdemeanor, except that, notwithstanding any other provision of this section, any violation constituting a misdemeanor under this title or under any provision of such building codes may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 27, 2001; Ord. 495 § 14, 1989; Ord. 268 § 9, 1970)

15.08.140 After-the-fact permit application defined.

“After-the-fact permit application” means any permit application which is submitted to city personnel pursuant to any provision of this title after any portion of the activity for which the permit is sought has been undertaken. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 474 § 3, 1988)

15.08.150 After-the-fact permit application – Investigation fee.

Each and every permit application submitted by any person which qualifies as an after-the-fact permit shall be subject to an investigation fee, the amount of which shall be set by resolution. Such fee shall not be refundable regardless of whether the after-the-fact permit is granted or denied. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 474 § 3, 1988)

15.08.160 Certification of compliance with applicable declarations of covenants, conditions and restrictions (CC&Rs).

A. Prior to the issuance of a building permit for any residential or commercial development, the applicant shall be required to certify, on a form approved by the building official, that the proposed development complies with any declaration of covenants, conditions, and restrictions (CC&Rs) applicable to the property. Except as provided in subsection B of this section, when the approval of a homeowners’ association is required for such development under the CC&Rs, the applicant shall also provide to the building official a document signed by an authorized representative of the association stating that such approval has been obtained and identifying the plans in sufficient detail to enable the building official to verify that the plans approved by the association are substantially the same as the plans being reviewed by the city. If the exterior architectural treatment, size, location, or elevations of the plans being reviewed by the city are substantially revised after the date that the applicant submits the required certification and association approval, the building official shall require that such certification and, if required, such approval be resubmitted on the basis of revised plans. The building official may, but shall have no duty to, require the building permit applicant to submit supporting information, and investigate the surrounding facts and circumstances to determine if the applicant’s certification is correct and the authorization is valid.

 B. Notwithstanding the provisions of subsection A of this section, no building permit shall be denied on the basis of the applicant’s failure to meet any of the requirements in subsection A of this section in any of the following circumstances:

1. The city would be legally prohibited by applicable federal or state law from adopting or enforcing its own ordinances, rules or regulations to prohibit the construction or use proposed.

2. The city shall not condition approval of a solar energy system (as defined in Section 801.5(a) of the California Civil Code) permit application on the approval of the homeowners’ association.

3. The applicant certifies that the proposed development does not violate any express provisions in applicable CC&Rs, but the applicant is unable to obtain the approval or signature of an authorized representative of the association because (a) the association is not active at the time approval is being sought, or (b) the association fails or refuses to meet, take final action upon, or report in writing regarding such action within one hundred eighty days after the application for approval is submitted.

C. It is not the intent of the city council by the adoption of the ordinance codified in this section to create a mandatory duty to any person to protect against the risk of any particular kind of injury. (Ord. 733 § 1, 2018)