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Whenever in any of the codes adopted in this title or on or in any other location there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows:
A. "City of" or any other similar reference to a political entity shall mean the incorporated territory of the city of Murrieta.
B. "Director of building and safety," "electrical safety engineer," "administrative authority," or any other similar term which makes reference to the individual official, board, department or agency created by law to administer and enforce the provisions of the codes adopted herein shall mean the building official and his or her authorized assistants.
C. "City council" means the city council of the city of Murrieta.
(Ord. 217 § 2 (part), 2000; Ord. 156 § 2 (part), 1995)
Remedies provided to the city for violations of this title are cumulative with other remedies available to the city, whether set forth in this title or elsewhere. The conviction and punishment of a person for violating any provision of this title shall not relieve such person of the obligation to comply herewith in all respects.
(Ord. 217 § 2 (part), 2000; Ord. 156 § 2 (part), 1995)
A. Interpretation. In interpreting and applying the provisions of this title, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.
B. Penalties. All respective codes are amended by deleting the sections pertaining to violations and penalties and amending to read as follows:
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause same to be done, contrary to or in violation of any of the provisions of this code.
Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person, firm, or corporation shall be guilty of a separate offense for each and every day during which any violation of any provision of this Code is committed, continued or permitted. Any violation of this code is a nuisance which may be abated pursuant to the provisions of this Code.
C. A notice of pendency of administrative action or proceeding may be filed in the county recorder's office at the time of commencement of action or proceeding or at any time before final judgment or order. The county clerk shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the building official shall cause to be recorded in the office of the county recorder a document terminating the above notice.
D. In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this title upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this section, the city council may order the building official to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property.
(Ord. 217 § 2 (part), 2000; Ord. 156 § 2 (part), 1995)
Section 113 Board of Appeals of the 2022 California Building Code is amended by adding new paragraphs to Section 113 Board of Appeals to read in as follows:
A. A person may appeal an order, decision or determination made by the Building Official that relates to the application or interpretation of this chapter by filing a written appeal to the Building Construction Advisory Board of Appeals within 30 days of the Building Official's decision.
B. This section establishes a Building Construction Advisory Board of Appeals (BCA Board) consisting of five members. The Building Industry Association of Riverside County shall appoint one member and one alternate, the President of the Citrus Belt Chapter of the International Code Council shall appoint two members and one alternate, one member will be a California licensed architect, civil engineer, or structural engineer, and the Director of the City of Murrieta Development Services Department shall appoint one member with one alternate. Three members shall constitute a quorum for the transaction of business and three affirmative votes shall be necessary to render a decision. The City of Murrieta Development Services Department appointee shall act as the secretary of the BCA Board. The BCA Board shall adopt reasonable rules and regulations for conducting its review and shall render decisions and findings in writing to the Director of Development Services, with a copy to the appellant. The BCA Board shall make a recommendation to the Director of Development Services, advising whether the decision appealed should be upheld or modified. The Director of Development Services shall consider the BCA Board's recommendation and provide a final decision in writing to the appellant, within 15 days of receipt of the BCA Board's recommendation.
C. A person appealing to the Building Construction Advisory Board of Appeals shall pay an appeal fee pursuant to the fee schedule approved by the City Council.
(Ord. 583 § 3, 2022; Ord. 552-19 § 4, 2019)
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