Appendix 8103. Modification of Chapter 1, Division I and II of 2016 California Building Code.

(a)

Add Section 1.8.8.4 to Chapter 1 Division I, to read as follows:

1.8.8.4 Limitation of Authority. Notwithstanding any provision to the contrary, the Local Appeals Board and the Housing Appeals Board shall not have jurisdiction to consider, decide or rule on the existence or nonexistence of any activity, condition, or use involving real property and/or any structures and other improvements thereon that the city or any county agencies providing contract services to the city have determined to be in violation of Article VIII of the Agoura Hills Municipal Code. The Local Appeals Board and the Housing Appeals Board shall also not have jurisdiction to consider, decide or rule on whether persons are responsible or not responsible for violations and public nuisances of the Agoura Hills Municipal Code, as well as on actions that are required by the City of responsible persons to correct or otherwise abate violations and/or public nuisances.

This limitation of authority shall also apply to any board that is established by the 2016 Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes, as adopted by the city.

(b)

Amend Section 105.1 of Chapter 1, Division II, to read as follows:

105.1 Required. All persons who intend to construct, enlarge, alter, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, component or device, the installation of which is regulated by the Technical Codes in Article VIII of the Agoura Hills Municipal Code, shall first make written application to the building official and obtain each required permit.

Whenever any work or installation has been commenced without a permit in violation of this section, a special investigation to identify the nature and extent of the unpermitted work or installation shall be made prior to the issuance of the permit. An investigation fee shall be paid in addition to customary fees for each permit prior to, or at the time of, the issuance of a permit or permits. Failure to pay a special investigation fee in full constitutes cause to deny the issuance of a permit or permits. The investigation fee shall be as specified by resolution of the City Council.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of the Agoura Hills Municipal Code, or from any penalty prescribed by law for failing to obtain each required permit.

(c)

Amend Section 105.2 of Chapter 1, Division II, items 2, 4, and 9 under Building, add item 14 under Building and a new category titled Grading, to read as follows:

Building:

2. Fences, other than masonry or concrete, not over six (6) feet high, measured from finish grade immediately adjacent to the wall, to top of the finished wall.

4. Retaining walls less than two (2) feet in height measured from grade immediately adjacent to the wall to the top of the wall, unless supporting a surcharge or any superimposed load or impounding Class I, II, or IIIA liquids.

9. Prefabricated swimming pool accessory to a Group R-3 Occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Grading:

1. Grading requirements and permits shall be as required by Appendix "J" of this code or City of Agoura Hills regulations whichever is more restrictive.

(d)

Amend Section 105.5 of Chapter 1, Division II, to read as follows:

105.5 Expiration of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant one extension of time for period of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall only be granted prior to the expiration of a permit.

When a permit has expired, work shall not recommence prior to obtaining a new permit. Requests to renew an expired permit shall be submitted to the building official, in writing, demonstrating justifiable cause and are subject to the approval of the building official. If approved by the building official, the fee shall be one half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications and that no changes have been made to applicable construction codes for such work, and provided further that the suspension or abandonment has not exceeded one year. To renew a permit after one year of suspension or abandonment, the permittee shall be required to pay a new full permit fee and be subject to construction codes in effect at the date of the new permit application.

(e)

Amend Section 105.6 of Chapter 1, Division II, to read as follows:

105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code or other relevant laws, ordinances, rules, or regulations, wherever and whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulations or any of the provisions of this code.

The building official may also withhold inspections or approvals or suspend or revoke permit, where work is being performed in violation of approved plans, conditions of approval or permit, or applicable laws, and/or where work is being done not in accordance with the direction of the building official or this code.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code if construction takes place noise is generated between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday and federal holidays. Construction noise is defined as noise which is disturbing, excessive, or offensive and constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area, which is generated by the use of any tools, machinery or equipment used in connection with construction operations.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code if dust is generated in excess of local, state or federal standards or conditions of project approval.

(f)

Amend Section 105.7 of Chapter 1, Division II, to read as follows:

105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until completion of the project. Required permits and approved plans shall be maintained in good condition and be posted or otherwise made available at job site such as to allow the building official to conveniently make the required review, inspection and entries related to the project.

(g)

Add Section 105.8 of Chapter 1, Division II, to read as follows:

105.8 Transferability. No permit issued pursuant to Article VIII of the Agoura Hills Municipal Code shall be transferable to any other person or apply to any location other than that stated in the permit, unless justifiable cause demonstrated and approved by the Building Official.

(h)

Amend Section 109.4 of Chapter 1, Division II, to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work for which a permit is required by this code before obtaining the necessary permits shall be subject to a special investigation by the building official before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required for such work by this code, or as identified in the latest fees adopted by the City Council of the City of Agoura Hills.

(i)

Add Section 109.5.1 of Chapter 1, Division II, to read as follows:

109.5.1 Reinspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections previously called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Reinspection fees may be assessed when the inspection record permit card is not posted or otherwise available on the work site, the approved plans are not readily available the inspector, for failure to provide access on the date for which the inspection is requested, or for deviation from the plans requiring the approval of the building official. Where re-inspection fees have been assessed, no additional inspection of the work shall be performed until the required fees identified by the latest fees adopted by the City of Agoura Hills have been paid.

(j)

Add Section 109.6.1 of Chapter 1, Division II, to read as follows:

109.6.1 Refund Policy. When the Building Official determines that a refund is due for a specific project, the City will refund 80% of the original fee as the full refund for the project to the applicant who paid the fee.

(k)

Add Section 109.7 of Chapter 1, Division II, to read as follows:

109.7 Plan review fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority.

The plan review fees specified in this section are in addition to and separate fees from the permit fees specified in Section 109.2.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.

When submittal documents are for a project involving production housing (track home), the plan review fee shall be based on full plan review for the first model home/unit and 20% of the fee for any reproduction of that model home/unit. If the model home/unit and the reproduction units are not the same size and configuration, which would require a plan review, a full plan review fee or additional fee may apply, as determined by the building official.

(l)

Add Section 110.3.4.2 of Chapter 1, Division II, to read as follows:

110.3.4.2 Roof sheathing and shear inspection. Prior to a complete framing inspection, a roof sheathing and shear inspection shall be made after roof sheathing and all structural shear panels or walls are in place and secured by nailing or other approved methods.

(m)

Add Section 111.1.1 to Chapter 1, Division II, to read as follows:

111.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped with regulated devices, fixtures or installations, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official, or with a valid permit as issued by the Building Official which subsequently expired and became null and void. An unpermitted structure also includes one for which a building permit has been suspended or revoked.

(n)

Amend Section 111.2 of Chapter 1, Division II, to read as follows:

111.2 Certificate issued. After the building official or his/her designee inspects the building or structure and finds no violation of the provisions of this code or other laws that are enforced by the department of building, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. Assessor's Parcel Number.

8. The use and occupancy, in accordance with the provisions of Chapter 3 of the California Building Code.

9. Zoning designation.

10. The designed occupant load.

11. The date of certificate issuance.

12. The edition of the code under which the permit was issued

13. If an automatic sprinkler system is provided

(o)

Amend Section 111.3 of Chapter 1, Division II, to read as follows:

111.3 Temporary Certificate of Occupancy (TCO) . The Building Official may, in writing, authorize temporary occupancy of any building or structure, or portion thereof, that lacks a permanent certificate of occupancy for any reason, provided patent conditions in open and accessible portions of the building or structure do not reveal a substantial hazard to an occupant or occupants.

Applications for a temporary certificate of occupancy shall be on a city-approved form. Such applications shall be accompanied by a fee to process the application and for the inspection of the building or structure to determine its suitability for a temporary certificate of occupancy. Such fees shall be established by the City Council by resolution.

A temporary certificate of occupancy is valid for a period of time to be specified by the Building Official in the certificate. The city attorney may require applicants for a temporary certificate of occupancy to execute an indemnification, as approved by the city attorney, in favor of the city and its employees as a prerequisite to receiving a temporary certificate of occupancy.

The Building Official may extend the period of a temporary certificate of occupancy in writing, as well as impose conditions thereto. Property owners shall acknowledge and agree to said conditions in writing. The breach of any condition thereof shall render a temporary certificate of occupancy null and void without further action by the city. In such event, the owners shall cause all use and occupancy of the building or structure to be terminated by a date required by the Building Official. Use or occupancy of a building or structure, or allowing the use or occupancy of a building or structure, with an expired a temporary certificate of occupancy is a violation of this code and unlawful. Failing to cause the termination of all uses and occupancy in a structure after a termination date is a violation of this code and unlawful. The boards established by Section 1.8.8 do not have jurisdiction to consider, decide or rule decisions pertaining to the issuance, expiration or nullification of a temporary certificate of occupancy, or with regard to any other matter relating thereto.

The Building Official is authorized to adopt regulations or procedures for implementation of this section.

(p)

Amend Section 111.4 of Chapter 1, Division II, to read as follows:

111.4 Revocation. The Building Official may, in writing, suspend or revoke a certificate of occupancy whenever the Building Official determines that the 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 this code, or other relevant laws, ordinances, rules and/or regulations. Use or occupancy of a building or structure, or allowing the use or occupancy of a building or structure, with a suspended or revoked certificate of occupancy is a violation of this code and unlawful. The boards established by Section 1.8.8 do not have jurisdiction to consider, decide or rule pertaining to the issuance, suspension or revocation of a certificate of occupancy, or with regard to any other matter relating thereto.

(q)

Amend Section 112.3 and add subsections 112.3.1, 112.3.2, and 112.3.3 to Chapter 1, Division II, to read as follows:

112.3 Authority to Disconnect Service Utilities. The powers granted the building official pursuant to this subsection extend to all buildings, structures or systems (including electrical, plumbing and mechanical) that are regulated by this code and its references. This subsection supersedes all similar provisions in other codes that are part of Article VIII of the Agoura Hills Municipal Code.

112.3.1 Authority to Disconnect Electric Utility. The building official is hereby empowered to disconnect or to require in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or to wiring, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other 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.

112.3.2 Authority to Disconnect Gas Utility. The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of gas utility service to buildings, structures or premises, or portions thereof, or to appliances, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health and/or property, or where they lack permits and required inspection approvals.

The Building Official is hereby empowered to disconnect or to require in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other 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 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.

112.3.3 Authority to Disconnect Water Utility. The Building Official is hereby empowered to disconnect or to require the property owner to disconnect the water utility service to buildings, structures or premises, or portions thereof, or to fixtures, devices or materials where such buildings, structures or premises, or portions thereof, are determined to be a hazard to life, health, property or to the environment, or where they lack permits and required inspection approvals.

The Building Official is hereby empowered to disconnect or to require the property owner to disconnect the water utility service as a means of preventing, restraining, correcting or abating any violation of this code, or other relevant laws, ordinances, rules or regulations.

The water service shall remain disconnected or water 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 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.

(r)

Delete Section 113 of Chapter 1, Division II in its entirety.

(s)

Amend Sections 114.1, and 114.4 of Chapter 1, Division II, to read as follows:

114.1 Unlawful Acts. It is unlawful for any property owner and/or other responsible person to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building or structure, as well as any regulated equipment, system or installation, or cause same to be done, in conflict with this code. It is unlawful for any for any property owner and/or other responsible person to maintain, whether due to action or inaction, any building or structure, as well as any regulated equipment, system or installation in violation of this code.

114.4 Violation Penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law as follows:

(a)

Any person, firm, partnership, association, corporation or joint venture violating any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code shall be guilty of a misdemeanor. Any person violating a stop work order issued pursuant to Section 115 of this chapter shall be guilty of a misdemeanor. Any person who continues to occupy or any person who enters a structure which has been posted "unsafe" by the building official pursuant to Section 116 of this chapter shall be guilty of a misdemeanor.

(b)

Each day that person, firm, association, corporation or joint venture violates any of the provisions of the California Building Standards Code or other code(s) adopted in Article VIII of the Agoura Municipal Code is a separate offense and shall be punishable thereof as provided in the Agoura Hills Municipal Code.

(t)

Amend Section 115.1 of Chapter 1, Division II, to read as follows:

115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or without permit, or dangerous, or unsafe, the building official is authorized to issue a notice of violation or a stop work order.

(u)

Amend Section 116.1, add sections 116.3.1 and 116.6 and delete Sections 116.4 and 116.5 of Chapter 1, Division II, to read as follows:

116.1 Conditions. Any building or structure that has any or all of the conditions hereinafter described shall constitute an unsafe or dangerous building or structure:

(a)

Structural inadequacies, damage, deficiencies, defects or deterioration, as well as nearby hazardous embankments or excavations, that could cause a building or structure to partially or completely collapse or fail.

(b)

Electrical, plumbing or mechanical work or installations, which because of a defect in materials or installation, or due to some other faulty operating or other condition, pose a risk of explosion or fire.

(c)

Unsanitary or unhealthful conditions that are present in a building or structure.

(d)

All forms of construction, as well as electrical, plumbing or mechanical work, systems, fixtures, appliances or other installations for which all required permits and inspection approvals have not been obtained from the Building Official.

(e)

Occupancy or use for which a building or structure was not designed or intended, or that results in a change in the occupancy classification thereof.

(f)

Inadequate egress from a building or structure.

(g)

A vacant building or structure that is not secured against unauthorized entry.

(h)

Any condition that violates any regulation in Article VIII of the Agoura Hills Municipal Code.

Any or all of the foregoing conditions endanger the health, safety or welfare of occupants, persons who may enter the premises, or the public.

Section 116.3.1 Orders to Vacate. Notwithstanding any other provision of this code, if the building official or a designee thereof, determines a condition is present in a building or structure or on premises that constitutes an immediate danger or hazard to the health, safety or welfare of occupants or to the public, the Building Official may order persons to vacate buildings, structures, premises, or portions thereof. Such orders may include orders to not re-enter, as well authorize limited entry subject to written conditions. Conditions may include, but not be limited to, requiring buildings, structures and premises to be secured from entry or access by means that are acceptable to the Building Official. Orders shall advise persons of their appeal rights as discussed in this subsection.

Orders may be personally served on an occupant, or served by first class mail and posted on the premises containing the immediate danger or hazard. If an owner does not occupy said premises, a copy of the order shall be also sent by first class mail to the owner as identified by Los Angeles County Assessor records. For owner-occupied properties, the issuance date of an order is the date of its personal service. For non-owner occupied properties, the issuance date of an order is the date an order to the owner and any occupant(s), or a copy thereof, are deposited in a U.S. Postal Service mail container and posted on the premises. Failure of any person to receive an order shall not affect its validity, or the appeal period. When identifying a mailing address for an owner, the Building Official shall consider such information as shown in Los Angeles County Assessor records.

Orders issued pursuant to this subsection, and any conditions thereof, are appealable by a property owner or occupant on a City-approved form that must be received by the City Clerk's Office within ten days of an order's issuance. Appellants shall state all grounds for their appeal in said form. A fee is not charged for such appeals. Failure to tender an appeal in a timely manner constitutes a waiver of the right to appeal, in which case an order is final.

If a timely appeal is made, the Building and Safety Department shall provide ten days advance written notice to the appealing party or parties of the date, time and place of the hearing. A timely appeal does not stay an order, or any conditions thereof. Failure of any person to receive a notice of hearing shall not affect its validity.

Timely appeals shall be heard by the City Manager, or a designee thereof. The boards established by this code do not have jurisdiction to consider, decide or rule on orders that are authorized by this subsection. Appeal hearings are informal and rules of evidence do not apply. Failure of an appellant or appellants to appear at a hearing constitutes a waiver of the right to appeal, in which case the order is final. The hearing officer shall, within ten days following the hearing, issue a written decision upholding, modifying, or reversing the order or conditions thereof, notice of which shall be sent to the appellant(s) by first class mail. Such decisions are not appealable. The notice of decision shall contain the following statement: "The Hearing Officer's decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.

Orders may be accompanied by, or combined with, Notices of Violations (which are not appealable). Orders shall be rescinded in writing when the Building Official determines that the immediate danger or hazard has been fully corrected or abated with all permits, approvals and inspections as required by the Agoura Hills Municipal Code.

Section 116.6 Violations. It is unlawful and a public nuisance for any person to maintain an unsafe or dangerous building or structure. Each and every day that a building or structure is maintained in an unsafe or dangerous condition is a new violation of this code. It is a violation of this code and unlawful for any person to fail to comply with an order to vacate, as well as all conditions thereof. Each such violation shall be a misdemeanor.

(Ord. No. 16-425, § 1, 12-14-2016)