A. Purpose: To enforce compliance with the international building code, the zoning and subdivision ordinances, and all other ordinances dealing with building and land use in the city of Santa Clara. The building official, or other city representative, may issue a “stop work order” and may record, or cause to be recorded, a notice of noncompliance to be filed with the county recorder’s office against the property where the violation has been committed.
B. Permanent File: Prior to notice and processing of the certificate of noncompliance with the county, a permanent file will be developed which will include:
1. A statement of the failure to comply with the building regulations.
2. Attempts to obtain compliance.
3. A corrections list to bring the construction into compliance.
4. Copies of all attempts to contact the permit holder/owner.
5. A review of the file to determine the proper course of action.
C. First Notice: The builder/owner shall be notified in writing of the failure to comply with the building regulations. The owner/builder will be given ten (10) to thirty (30) days to comply, depending upon the circumstances. If the matter is one of public safety immediate compliance will be required.
D. Second Notice: If the owner/builder fails to comply with the first notice, the building official will prepare a second notice. The second notice shall be mailed by certified mail to the owner who will be given ten (10) days to comply. The second notice will contain a copy of the certificate of noncompliance that will be recorded against the property at the county recorder’s office if the owner/builder fails to comply with the building violations.
1. If the owner fails to comply with the second notice within the required period, or if the notice is returned as being undeliverable at the owner/builder’s last known address, the certificate of noncompliance will be recorded. Any returned mail will be kept in the file as evidence of an attempt to serve notice at the last known address.
2. No work may be done on the property until the noncompliance notice has been released and a new building permit has been issued.
3. To release the certificate, a new building permit shall be obtained, and the plans will be reviewed according to the building regulations currently in place. If issued within one year, the permit fee shall be one-half (½) of a regular permit. If more than one year has expired, the permit fee will be the complete amount of a new building permit.
4. After the construction work shall have been completed and approved, the city will record a notice to remove the certificate of noncompliance with the county recorder, and a copy of the release notice will be mailed to the owner/builder.
5. If all other efforts to correct the violation fail, the city may commence steps to have the building removed as a public nuisance. (Ord. 2023-05 § 1: Ord. 2013-05)