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TITLE I: GENERAL PROVISIONS
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TITLE V: PUBLIC WORKS
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§ 151.001 APPEALS.
   Appeals under this chapter, including appeals as to any decision, order or determination of an official arising from or relating to the most recent version of the California Building Codes or any other Codes adopted by this chapter, may be appealed to the Indio Consolidated Appeals Board in the manner specified with respect to appeals under § 95B.114 of this code. One purpose of this appellate provision is to allow due process of law to persons affected by administrative orders related to the use, maintenance, or change of occupancy of buildings and structures, including but not limited to requirements governing alteration, additions, repair, demolition, moving, or vacation.
(Ord. 1784, passed 10-19-22)
CALIFORNIA ADMINISTRATIVE CODE
§ 151.005 ADOPTION OF CALIFORNIA ADMINISTRATIVE CODE.
   The 2022 California Administrative Code (CAC) as published by the International Code Council, is hereby adopted by reference and shall become the administrative code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structures in the City. The 2022 California Administrative Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
§ 151.006 CONFLICTING PROVISIONS.
   In the event of a conflict between any provisions contained in the Administrative Code and the administrative provisions of the Code of Indio, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or that it will more fully promote the intent of the Code of Indio.
(Ord. 1784, passed 10-19-22)
CALIFORNIA BUILDING CODE
§ 151.010 ADOPTION OF CALIFORNIA BUILDING CODE.
   Except as provided in this chapter, the 2022 California Building Code (CBC), incorporating the 2021 International Building Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference and shall become the building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Building Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
§ 151.011 AMENDMENTS AND ADDITIONS TO BUILDING CODE.
   (A)    Chapter 1, Section 101.2 Scope, is amended as follows:
   101.2. Delete the paragraph entitled "Exception" in its entirety.
   (B)   Chapter 1, Section 101.4.4, is amended to read as follows:
   101.4.4 Property maintenance. The provisions of all of the adopted codes, laws and pertinent regulations shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
   (C)   Chapter 1, Section 105.2 is amended by deleting Items (2) and (4) in their entirety and amending Item (1) under the heading "Building" to read as follows:
   1.   Non-permanent, one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, may be excluded provided the proposed work meets City of Indio Zoning regulations.
   (D)   Chapter 1 Section 105.5 is amended to read as follows:
   105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 365 days after the time of the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. At the discretion of the Building Official work shall be considered abandoned whenever substantial progress has not been made within 365 days from the date of permit issuance or extension, if given. Every permit issued or extended as part of code enforcement actions shall become invalid if substantial progress has not been made within the time period determined by the Building Official.
   (E)   Chapter 1, Section 107.3.1 is amended to read as follows:
   107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved in writing, or by stamp, as "Approved.". One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant and shall be kept at the site of work, and shall be open to inspections by the Building Official or duly authorized representatives.
   (F)   Chapter 1, Section 108.1 is amended to read as follows:
   108.1 General. The Building Official is authorized to issue a permit for temporary structures or temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days or as determined by the Building Official. The Building Official is authorized to grant extensions for demonstrated cause.
   (G)   Chapter 1 Section 109.4 and Section 109.5 are amended to read as follows:
   109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
   109.5 Related fees. 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 set forth in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
   (H)   Chapter 16, Section 1613.5.2 is hereby added to read as follows:
   1613.5.2 ASCE 7, Section 12.2.3.1, Exception 3. Modify ASCE 7 Section 12.2.3.1 Exception 3 to read as follows:
   3.   Detached one and two family dwellings up to two stories in height of light frame construction.
   (I)   Chapter 18, Section 1807.1.4 is amended to read as follows:
   1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AF&PA PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 48 and Section 5.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
   (J)   Chapter 18, Section 1809.7 is amended as follows:
   Table 1809.7, Footnotes (c) and (g) are hereby deleted without replacement.
   (K)   Chapter 18, Section 1809.12 is amended to read as follows:
   1809.7 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise treated in accordance with AWPA U1 (Commodity Specification A, Use Category 48). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported upon treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the AF&PA NOS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.
   (L)   Chapter 18, Section 1810.3.2.4 is amended to read as follows:
   1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with AF&PA NOS. Round timber elements shall conform to ASTM 025. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.
(Ord. 1784, passed 10-19-22)
CALIFORNIA HISTORICAL BUILDING CODE
§ 151.014 ADOPTION OF CALIFORNIA HISTORICAL BUILDING CODE.
   The 2022 California Historical Building Code (CHBC) as published by the International Code Council is hereby adopted by reference and shall become the historical building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Historical Building Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA EXISTING BUILDING CODE
§ 151.015 ADOPTION OF CALIFORNIA EXISTING BUILDING CODE.
   The 2022 California Existing Building Code (CEBC), incorporating the 2021 International Existing Building Code, as published by the International Code Council is hereby adopted by reference and shall become the existing building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Existing Building Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA ENERGY CODE
§ 151.017 ADOPTION OF CALIFORNIA ENERGY CODE.
   The 2022 California Energy Code (CEC), as published by the International Code Council, is hereby adopted by reference and shall become the energy code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Energy Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA MECHANICAL CODE
§ 151.020 ADOPTION OF CALIFORNIA MECHANICAL CODE.
   The 2022 California Mechanical Code (CMC), incorporating the 2021 Uniform International Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and shall become the mechanical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Mechanical Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA PLUMBING CODE
§ 151.025 ADOPTION OF CALIFORNIA PLUMBING CODE.
   The 2022 California Plumbing Code (CPC), incorporating the 2021 International Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference and shall become the plumbing code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Plumbing Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA ELECTRICAL CODE
§ 151.030 ADOPTION OF CALIFORNIA ELECTRICAL CODE.
   The 2022 California Electrical Code (CEC), incorporating the 2020 National Electrical Code including all annexes thereto, published by the National Fire Protection Association, as modified by the State of California, is hereby adopted by reference and shall become the electrical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Building Codes is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
CALIFORNIA RESIDENTIAL CODE
§ 151.040 ADOPTION OF CALIFORNIA RESIDENTIAL CODE.
   Except as provided in this chapter, the 2022 California Residential Code (CRC), incorporating the 2021 International Residential Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference shall become the residential building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Residential Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
§ 151.041 AMENDMENTS AND ADDITIONS TO RESIDENTIAL CODE.
   (A)   Chapter 3, Section R301.1.3.2 is amended to read as follows:
   R301.1.3.2 Woodframe structures greater than two-stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Section 5537 and 6737.1. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood framed construction more than one story in height or with a basement located in Seismic Design Category D0, D1, D2 or E.
   (B)   Chapter 4, Section R401.1 is amended to read as follows:
   R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AF&PA PWF.
      Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
      1.   In buildings that have no more than two floors and a roof.
      2.   When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15240 mm).
   Wood foundations in Seismic Design Category D0, D1, D2 shall not be permitted.
   (C)   Chapter 4, Section R404.2 is amended to read as follows:
   R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Section R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.2(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, D2.
   (D)   Chapter 6, Section 602.3 is amended as follows:
   Table R602.3(1) shall have the following language added to the Fastening Schedule to read as follows:
   j.   Staples shall not be used as wood structural panel fasteners in Seismic Design Category D0, D1, D2.
   Table R602.3(2) shall have the following language added to the Fastening Schedule to read as follows:
   i.   Staples shall not be used as wood structural panel fasteners in Seismic Design Category D0, D1, D2.
   (E)   Chapter 8, Section R803.2.4 is added to read as follows:
   Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.
(Ord. 1784, passed 10-19-22)
CALIFORNIA GREEN BUILDING
STANDARDS CODE
§ 151.050 ADOPTION.
   Except as provided in this chapter, those certain building codes known and designated as the 2022 California Green Building standards Code (CGBC), is hereby adopted by reference and shall become the green building standards code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the city. The 2022 California Green Building Standards Code is on file for public examination in the office of the Building Official.
(Ord. 1784, passed 10-19-22)
INTERNATIONAL PROPERTY MAINTENANCE CODE
§ 151.055 INTERNATIONAL PROPERTY MAINTENANCE CODE.
   The 2018 International Property Maintenance Code as published by the International Code Council is hereby adopted by reference and shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. The 2018 International Property Maintenance Code is on file for public examination in the office of the Building Official.
(Ord. 1742, passed 11-6-19)
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
§ 151.060 EXPEDITED REVIEW OF SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS.
   (A)   Definitions.
      (1)   BUILDING OFFICIAL shall have the same meaning as that set forth in the 2013 California Building Code adopted by the City pursuant to § 151.010.
      (2)   FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC, ADVERSE IMPACT shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(1), as the same may be amended from time to time.
      (3)   SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.
      (4)   SPECIFIC, ADVERSE IMPACT shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(5), as the same may be amended from time to time.
   (B)   Applicability.
      (1)   This § 151.060 applies to the permitting of all small residential rooftop solar energy systems (as defined herein) in the City of Indio.
      (2)   Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Section are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
   (C)   Small Residential Rooftop Solar Energy System Standard Plan and Permit Application Checklist; Submittal.
      (1)   The City’s Building Official is delegated authority to: (a) develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems; and (b) develop and adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The review process, standard plan and checklist shall be implemented and/or adopted by the City’s Building Office on or before September 30, 2015.
      (2)   The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
      (3)   All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the City’s publicly accessible website.
      (4)   The City’s Building Official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system applicants. Electronic submittal shall mean submission of the application by email, the internet or facsimile as determined by the Building Official.
   (D)   Permit Review.
      (1)   The Building Official shall deem complete an application that satisfies the information requirements in the standard plan(s) and checklist(s).
      (2)   If the Building Official deems the application incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.
      (3)   The Building Official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. Notwithstanding, multiple applications submitted simultaneously may require additional process time.
      (4)   Review of the application shall be limited to the Building Official’s review of whether the application meets local, state and federal health and safety requirements.
      (5)   The Building Official may require an applicant to apply for a conditional use permit if the Building Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety.
      (6)   If a conditional use permit is required, the Building Official may deny such application if it makes written findings based upon substantial evidence in the record that the proposed installation of a small residential rooftop solar energy system would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
      (7)   The decision of the Building Official pursuant to subparagraphs (5) and (6) above may be appealed to the Planning Commission.
   (E)   Inspection Requirements.
      (1)   Only one inspection shall be required and performed by the Building Official for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.
      (2)   The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide an inspection window.
      (3)   If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section.
   (F)   Interpretation. The Building Official shall have the authority to render interpretations of this § 151.060 and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this § 151.060 . In no instance shall such policies and procedures have the effect of waiving requirements specifically provided for this § 151.060 .
(Ord. 1676, passed 6-17-15)
EXPEDITED BUILDING PERMIT PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS
§ 151.065 ELECTRIC VEHICLE CHARGING STATION SYSTEMS.
   (A)   Applicability and Purpose. This section applies to applications for expedited building permits for electric vehicle charging station systems in the City consistent with California Government Code § 65850.7.
   (B)   Definitions. The definitions set forth below shall be applicable to the provisions in this section.
      (1)   BUILDING OFFICIAL means the city’s designated authority charged with the administration and enforcement of this section.
      (2)   ELECTRONIC SUBMITTAL means the utilization of one or more of either electronic mail, the internet or facsimile.
      (3)   ELECTRIC VEHICLE CHARGING STATION SYSTEM 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 as of January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
      (4)   FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit.
      (5)   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.
   (C)   Electric Vehicle Charging Station System Expedited Building Permit Review Process.
      (1)   Anyone seeking to install an electric vehicle charging station system at any site within the City may apply to the Building Official for an expedited nondiscretionary building permit.
      (2)   The Building Official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the Building Official to process an application shall be published on the City’s website.
      (3)   An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the Building Official in person, by mail, or by electronic submission as specified on the City’s website. Electronic signatures may be used in lieu of wet signatures.
   (D)   Additional Electric Vehicle Charging System Requirements.
      (1)   All electric vehicle charging systems shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the State, local fire department, California Building and Electrical Code, this Code, and Federal laws, including the Americans with Disability Act.
      (2)   Prior to submitting an application, the applicant shall verify the electric vehicle charging system meets all applicable safety and performance standards established by , the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
   (E)   Application Review.
      (1)   An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance when the Building Official determines that the application satisfies all the requirements contained in the city’s checklist(s), including complete supporting documents.
      (2)   If an application is deemed incomplete, a written correction notice will be sent to the applicant within ten (10) working days of the City’s determination detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance for resubmission.
      (3)   If the Building Official determines that an application for an expedited building permit is complete, the Building Official shall process the application. If the Building Official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.
      (4)   If the Building Official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an “electric vehicle charging station use permit” in order to install the proposed charging station.
      (5)   An application for an “electric vehicle charging station use permit” shall be reviewed by the Building Official. The Building Official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the Building Official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code § 65850.7, the Building Official’s review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered. In addition, consistent with Government Code § 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 a homeowners association, as that term is defined by Civil Code § 4080.
      (6)   A decision of the Building Official made pursuant to subsections (3), (4) or (5) of this paragraph (E) may be appealed to the Planning Commission. The Planning Commission’s review shall be subject to the same limitations as that of the Building Official, and only health and safety issues may be considered.
      (7)   Any condition imposed on an application for an expedited building permit or “electric vehicle charging station use permit” shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(Ord. 1760, passed 4-7-21)
MOVING BUILDINGS
§ 151.120 TITLE AND PURPOSE.
   This subchapter shall be known and may be referred to as the "building moving ordinance." The purpose of this subchapter is to regulate the moving of buildings within, into, from and through the city.
(Ord. 1580, passed 12-1-10)
§ 151.121 BUILDING MOVING PERMITS AND FEES REQUIRED.
   (A)   Permit required. No person, firm or corporation shall move any building within, into, from or through the city without first obtaining a permit for that purpose from the Community Development Department. Each structure or building shall require a separate permit.
   (B)   Filing fees.
      (1)   The fee for filing an application for a permit to move a building from or through the city shall be that amount specified by resolution of the City Council.
      (2)   The fee for filing an application for a permit to move a building from or through the city shall be that amount specified by resolution of the City Council. In addition to the application and filing fee there shall be an additional fee of $0.30 per mile from City Hall to any building located outside the city limits to defray the cost of an on-site preliminary inspection of the structure to be moved.
      (3)   The fee for a permit to set up and occupy a building moved within or into the city shall be in accordance with the building valuation data published in the Building and Standards for new building of the same construction used in occupancy and the building permit be table adopted by resolution of the city.
   (C)   Application to move a building from or through the city. Applications for permits to move building within, into, from or through the city shall be made through the Community Development Department on a form provided for that purpose. The applicant shall furnish the additional information to the city and meet the additional requirements as may be required to ensure the safety and welfare of private and public property in the route of travel.
(Ord. 1580, passed 12-1-10)
§ 151.122 APPROVAL; INSPECTION STAFF.
   Upon submission of an application for a permit provided herein, the Building Official and other staff, as required, shall make an inspection of the building to determine whether or not the building appears to be structurally sound and capable of being made to comply with city building and safety laws if moved to the contemplated location and occupied and used for the intended purpose and if it is sound, to so indicate on the application. If it is not so found, a written finding shall be made to the application to advise him or her of the condition of the building and the basic repairs required to be made prior to moving. If, in the opinion of the Building Official, a building should not be moved, he or she shall declare his or her findings in writing to the owner, who may appeal the same under the provision of this chapter for building and housing code appeals.
(Ord. 1580, passed 12-1-10)
§ 151.123 BONDS.
   (A)   Buildings to be located within the city shall be covered by a faithful performance bond or cash deposit, payable to the city prior to the issuance of a moving permit. The performance bond shall be in the amount of 150% of the estimated cost of the work to be done to bring the building into conformity to the code, and the estimate accordance with the directions of the Planning Commission, building permit and all applicable city regulations within a period of six months following issuance of the building permit; otherwise, the full amount of the bond will be forfeited to the city and the building will be completed for occupancy or removed from the site at the direction of the city.
   (B)   To secure payment of damage to any street, tree, utility or installation caused by the moving, and to protect against personal injury and property damage, the applicant or mover shall provide proof of personal injury and property damage insurance in the amount of at least $1,000,000 combined single limit and enter into an indemnity agreement with the city to hold the city harmless for any liability on the part of the mover.
   (C)   In addition to posting all other required bonds, applicants for a permit to move a building off a parcel of land within the city shall post a cash bond or faithful performance bond in an amount to be determined by the Building Official, not to exceed $5,000, payable to the city to ensure cleanup of debris, concrete, foundation and other materials left on the site including securing its surface for dust control. Applicants shall have 30 days from the date the building is moved to clean and secure the surface of the site; otherwise, the Building Official shall be empowered to use all or a portion of the bond to accomplish the remaining cleanup and surface preparation requirements.
(Ord. 1580, passed 12-1-10)
§ 151.124 EXECUTION OF WORK.
   (A)   Moving any building or structure or portion thereof over, along, upon or across any street in accordance with this subchapter shall be under the direction and supervision of the Building Inspector, with the accompaniment of necessary police patrol for traffic control. The Building Inspector shall determine the hours during which moves are to be made.
   (B)   The route of travel shall be approved by the Public Services Department, Police Department and utility companies prior to allowing a building to be moved. The applicant for the permit shall obtain these approvals in writing from the concerned departments of utilities.
(Ord. 1580, passed 12-1-10)
ADDRESSING PROPERTY AND BUILDINGS
§ 151.135 PURPOSE.
   The purpose of this subchapter is to provide for the administration of a uniform addressing system consistent with that which is in general use in the country.
(Ord. 1580, passed 12-1-10)
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