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Whenever a utility provider disconnects gas or electric service to a building, structure or service (a) when directed to disconnect service by the building official pursuant to section 91.112.3, (b) when the provider determines that there has been a violation of State or local law or (c) that an emergency exists that poses an immediate hazard to life or property, the utility provider shall not restore the gas or electric service without authorization from the building official.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
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.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
This section establishes a Building Construction Advisory Board of Appeals (BCA Board) consisting of five members. The Building Industry Association of San Diego County shall appoint two members and one alternate, the President of the San Diego Chapter of the International Code Council shall appoint two members and one alternate and the Director of the San Diego County Department of Planning and Development Services 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 San Diego County Department of Planning and Development Services 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 Planning and Development Services, with a copy to the appellant. The BCA Board's decision shall make a recommendation to the Director of Planning and Development Services, advising whether the decision appealed from should be upheld or modified. The Director of Planning and 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.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; amended by Ord. No. 10224 (N.S.), effective 10-25-12; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
It shall be unlawful for any person to use any property or erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter, the County Building Code, County Residential Code, County Electrical Code, County Plumbing Code or County Mechanical Code.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which constitutes a violation of section 91.1.114.1. A property owner shall be considered to have allowed any use or improvement of property occupied by, or under the dominion and control of the owner and the owner shall be responsible for the discontinuance and removal of any violation of section 91.1.114.1. The responsibility under this section shall include property leased to another person. A property owner shall also be responsible for the discontinuing and removing any violation of section 91.1.114.1 that existed on the property at the time the current owner purchased the property.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
Because any violation of this code is a public nuisance, the County Counsel or District Attorney is authorized, when requested by the Board or the building official, to commence proceedings to abate, remove and/or enjoin any such public nuisance in the manner provided by law. Alternatively, the building official may commence abatement proceedings as provided by the Public Nuisance Abatement Procedure in sections 16.201 et seq. of this code or any other procedure allowed by law. Any failure, refusal or neglect to obtain a permit required by this chapter shall be prima facie evidence of the fact that the person responsible to obtain the permit has committed a violation of section 91.1.114.1 and is causing a public nuisance.
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
Pursuant to Penal Code section 836.5, the building official may arrest a person without a warrant whenever the building official has reasonable cause to believe that the person arrested has violated this chapter. The person making an arrest under the authority of this section shall follow the citation-release procedures prescribed by the Penal Code or any procedure enacted by the State of California after the effective date of this section. No person shall exercise the power to issue a citation authorized by this section unless the person has completed a course of training that meets the minimum standards prescribed by the Commission on Peace Officer Standards and Training established in Penal Code section 832(a).
(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23)
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