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Chapters:

16.04 16.08 16.12

Title 16

BUILDINGS AND CONSTRUCTION

Administrative Provisions and Permits Uniform Codes Adopted Setback Lines

269

Chapter 16.04

ADMINISTRATIVE PROVISIONS AND PERMITS

Sections: Article I. General Provisions

and Administration 16.04.010 Applicability-

16.04.020 16.04.030 16.04.040

16.04.050

16.04.060

16.04.070

16.04.080 16.04.090

16.04.100

16.04.110

16.04.130

16.04.140 16.04.150

Conflicting provisions. Exemptions. Definitions. Enforcement officers designated. Notice of noncompliance--Notice of compliance. Correction and abatement. Board of building appeals. Appeals. Mobile homes-Utility supplies. Mobile homes­Installation requirements. Temporary residential facilities. Fire standards and equipment. Surface drainage report. Violation-Penalty.

Article II. Permits and Procedures 16.04.160 Generally. 16.04.170 Sewage disposal permits. 16.04.180 Fee schedules and

refunds. 16.04.190 16.04.200

Valuation. Expired, suspended or revoked permits.

271

16.04.010

Article I. General Provisions and Administration

16.04.010 AppJicability-Confticting provisions.

A. The regulations and administrative pro­visions set forth directly in the text of this chapter control over any inconsistent provision contained in any primary or secondary code adopted by reference in this chapter.

B. The provisions of this chapter apply throughout the unincorporated portion of the county, and apply to the state and to all cities and other local agencies to the extent permitted by law. The provisions of this chapter apply to public lands, as defined in the Federal Land Policy and Management Act (43 usc 1701 et seq.) to the extent permitted by that Act or other federal law, or regulations adopted or agreements made with the county pursuant thereto.

C. If any provision of this chapter conflicts with any provision of the zoning plan, the pro­vision of the zoning plan has precedence over the provision of this chapter. For the purposes of this section and Section 16.04.200, the zon­ing regulations in effect on the date a permit is issued or reissued, or proposed to be issued or reissued, under this chapter apply to the permit and the uses or activities for which the permit is required, unless the board of supervisors by ordinance directs otherwise for a particular amendment of zoning regulations. (Prior code § 3719)

16.04.020 Exemptions. A. The following work is exempt from the

permit requirements only of this chapter and of any code adopted by reference in this chapter:

I. Work exempted from the requirement of a building, plumbing, electrical, or me­chanical permit under Appendix Chapter 1 of

(Shasta County Supp. No.7, 4·08)

.... ,,'. '"'-

16.04.020

Title 24, Part 2, of the California Code of Regulations;

2. Work of a total value of less than four hundred dollars for materials and labor, pro­vided that it does not interfere with the function of an existing structure or alter in any way the operation of a plumbing, electrical or mechani­cal system;

3. Any bridge, designed, intended, and used solely for pedestrian traffic and that is not more than five feet wide and that has a clear span not more than twenty feet long;

4. Any bridge constructed as a condition of approval of a timber sales plan imposed by the California Department of Forestry or the U.S. Forest Service;

5. Any nonportable swimming pool capa­ble of a water depth of not more than two feet;

6. Any open wire mesh or agricultural fence;

7. Any independently supported sign ifno part of the sign is higher than ten feet above grade and the display area ofthe sign does not exceed two hundred square feet;

8. Installation of any prefabricated culvert; 9. Construction of any earth-filled dam; 10. Construction and repair of agricultural

accessory buildings used or to be used in full­time farming or ranching operations as de­scribed in Sections 17.88.060 and 17.06.060 of this code. As used in this chapter, "agricultural accessory building" includes any structure de­signed and used exclusively for housing live­stock, poultry or farm machinery, or to store hay, grain or farm supplies and does not in­clude any structure which requires the presence of workers, customers or assemblages of any kind within it to carry out the purpose for which the building is designed, built or to be used.

work to be done in any manner in violation of this chapter or any other law.

C. A garage for passenger automobiles, accessory to a one-family or two-family resi­dence, is exempt from the requirement that an accessory building be constructed simultane­ously with or after construction of the main building at the building site, but any building permit issued for a garage to be constructed before construction of the main building shall include on its face or by attachment the follow­ing printed restriction:

Construction, installation or use of the ga­rage authorized by this permit does not au­thorize the structure to be equipped or used for residential purposes or human occu­pancy of any kind. The issuance of this per­mit for this garage is not a representation that any other permit for residential or other use at the same location or on the same par­cel will be issued in the future by the county.

By accepting this permit, the applicant ac­knowledges that I) other permits will be re­quired for the construction or installation of a main building or mobile home on the par­cel and may be required for the use or activ­ity for which this accessory structure is needed; and 2) each permit will be subject to the zoning, building and related ordinances and development standards in effect at the time the permit is issued or reissued, or pro­posed to be issued or reissued.

(Ord. 2007-2 §§ 1,2,2007; Ord. 494-346 § 2, 1990; Ord. 494-338 § I, 1989: Ord. 494-328 § I, 1987: prior code § 3702)

16.04.030 Definitions. B. Exemption from the permit require- The following terms as used in this chapter

ments of this chapter does not authorize any have the meanings indicated, unless the context

(Shasta County Supp. No.7, 4-08) 272

in which a term is used requires another mean­ing:

"Alter" or "alteration" mean any change or modification in construction, installation or building service equipment.

"Board of appeals" means the board of building appeals established in Section 16.04.070.

"Building department" means the building department or the health department, as appro­priate.

"Building official," "administrative author­ity" and similar references to a chief adminis­trative position mean the building official of the county and his designees; provided, how­ever, that where such terms are used in con­junction with those duties imposed upon the health officer, these terms mean the health offi­cer and his designees.

"Building service equipment" means the plumbing, mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooking, refrig­eration. firefighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.

"County" means the county of Shasta when referring to a political entity, or the unincorpo­rated area of the county when referring to area.

"Fire warden" means the chief ofthe county fire department.

"Mobilehome" is a structure, transportable in one or more sections, designed and equipped to contain a dwelling unit, to be used without a permanent foundation, and containing more than three hundred twenty square feet of floor space and is either certified under the National Mobilehome Construction and Safety Act of 1974 (42 U.S.c. Section 85401, et seq.) or complies with all adopted safety criteria estab-

273

16.04.030

Iished for mobilehomes constructed before the effective date of the 1974 Mobilehome Con­struction and Safety Act. "Mobilehome" does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, rec­reational vehicle or other vehicle defmed in the California Vehicle Code, or any factory-built housing as defined in the California Health and Safety Code.

"Occupancy" means the purpose for which a building, mobile home or part thereofis used or intended to be used. The term "occupancy" includes the building, mobile home or part thereof housing such use.

"Owner" means any person having a legal or equitable interest in or in possession of the property.

"Permit" means an official document or cer­tificate issued by the building official, health officer or fire warden authorizing performance of a specified activity.

"Person" means a natural person, his heirs, executors, administrators or assigns, and in­cludes but is not limited to any firm, associa­tion, partnership, corporation, joint venture, social club, fraternal organization, business trust, receiver, syndicate, or other group or combination acting as a unit or the successors, assigns or agents of any of them and any public agency, public entity, public utility or munici­pal corporation, except the county.

"Recreational vehicle" means any mo­torhome, travel trailer, truck camper, or camp­ing trailer, with or without motive power, de­signed for human habitation for recreational or emergency purposes, a nd which may be moved upon a public highway without a special permit or chauffeur's license or both. The vehicle may not exceed three hundred twenty square feet in size.

"Repair" means the reconstruction or re­newal of any part of an existing building, struc-

(Shasta County Supp No.7. 4·08)

16.04.030

ture or building service equipment for the pur­pose of its maintenance.

"This chapter" means this chapter of this code and includes any code adopted by refer­ence in this chapter. (Ord. 494-346 § 1, 1990: prior code § 3701)

16.04.040 Enforcement officers designated.

A. The director of community development is the building official. He shall supervise the operations of the building department and ap­point a chief building inspector. The building official is responsible for the issuance of all permits required by this chapter, except those permits issued by the health officer or fire war­den. He shall supervise and have charge of all inspection work required in the proper en­forcement of regulations imposed by this chap­ter, except that specifically reserved to the health officer or the fire warden, and shall per­form related duties as directed by the board of supervisors. He is the executive officer of the board of building appeals and shall attend all meetings of that board.

B. The health officer is responsible for the issuance of permits or approval of waivers for all sewage disposal systems. He shall inspect all premises for compliance with operating regulations set forth in this chapter and other provisions of law which he is to enforce. If he determines that a violation of regulations im­posed by this chapter or other laws has oc­curred or is occurring which endangers or may endanger the public health, he may initiate abatement proceedings under Section 16.04.060, or he may use any other procedure provided by law for abating such nuisance. In performing his duties he shall consult with fire officials when a fire hazard may exist and may call upon the building official or fire warden

(Shasta Count:- Supp_ No_ 7, 4-08) 274

for assistance in investigating structural condi­tions.

C. The fire warden is responsible for the issuance of the permits required by applicable provisions of the Uniform Fire Code and this code. If the fire warden determines that a vio­lation of applicable fire prevention, protection or suppression laws or standards has occurred or is occurring that endangers or may endan­ger people or property, he may initiate abate­ment proceedings under Section 3717 or re­sort to any other procedure provided by law for abating the violation. Whenever a fire pro­tection district or other local agency estab­lishes fire protection requirements or provides fire suppression services by resolution or or­dinance of its governing board, the fire war­den may decline to enforce any provision of this chapter if he certifies in writing to the board of supervisors that the subject matter of provision is adequately addressed by the agency's resolution or ordinance and, in the

case of pennit applications. the agency provides for review by the community development department for compliance with the wning plan prior to the issuance of the pennits.

D. The building official. health officer or fire warden. may enter and inspect. dur­ing reasonable times. all buildings. mobile homes. structures or premises within the county whenever necessary to secure com­pliance with. or prevent a violation of. any provision of this chapter and any related rules. regulations or orders that the county has power to enforce. Application may be made to the superior court for an inspection warrant when necessary. (Ord. 494-346 § 3. 1990; prior code § 3703)

16.04.050 Notice of noncompliance­Notice of compliance.

A. Whenever the building official finds that work has been done for which a pennit is required and a valid pennit for the work has not been issued. or which exceeds that authorized by a valid pennit. or which does not comply with the tenns of a valid pennit. or which has not received a final inspection by the building official prior to expiration of the pennit authorizing the work. the building official may proceed under the provisions of this section.

B. If any work described in subsection A of this section is not completed prior to

expiration of the pennit which authorizes the work. the building official shall give written notice to the owner. as shown on the latest equalized assessment roll. that unless. within thirty days of the date of the notice. a request for final inspection of the work is made to the building official. or an application for reissuance of the pennit is made pursuant to Section 16.04.200 B. the

275

l6'c)4.040

building official may record a notice of noncompliance in the office of the county recorder. as set forth in subsection C of this section. In all other cases. the building official shall first invoke the procedures provided by Section 16.04.060 prior to proceeding under subsection C of this sec­tion.

C. A notice of noncompliance shall identify the property, the owner of record, as shown on the latest equalized assessment roll, and the work or structure to which the notice applies. and shall state that the work or structure has not received a final inspec­tion from the building official and that the owner has been so notified.

D. A recorded notice of noncompliance shall remain of record until such time as a final inspection is conducted and the work or structure is found to comply with the applicable requirements of this chapter.

E. An owner of real property or his agent may apply for issuance by the build­ing official of a notice of compliance after any structure or work on the owner's prop­erty subject to a notice of noncompliance is found to comply with the requirements of this chapter. The owner or his agcnt may record a notice of compliance so issued in the oftice of the county recorder. (Prior code § 3718)

16.04.060 Correction and abatement. A. Whenever the building official tinds

that work has been done for which a pennit is required and a valid pennit for the work has not been issued, or which exceeds that authorized by a valid pennit. or which does not comply with the tenns of a valid pennit or which constitutes a nuisance, or that any building. structure, mobile home or equip­ment regulated by this chapter is being used

(Shasta County 6-91)

16.04.060

contrary to the provisions of this chapter, he shall post a stop order at the site and selVe a copy on the owner, if present. If the prop­erty owner is not then present, a copy of the order shall be mailed to the owner at the address set forth on the pennit application, or, if there is no pennit, to the owner shown on the latest equalized assessment roll. As used in this section, "owner" includes the owner of record or anyone claiming owner­ship or anyone in possession of the proper­ty. The stop order shall state the nature of the violation, defect or nuisance. If the work was done or is being done without a valid pennit, the order shall direct that no further work be done without a valid pennit issued by the appropriate building official. If the work exceeds that authorized by a valid pennit, or was done without compliance with the tenns of a valid pennit, or consti­tutes a nuisance, the order shall direct that no further work be done until a new pennit is issued, or that the work be brought into compliance with the tenns of the pennit or the nuisance abated within thirty days. If the occupancy violates the provisions of this chapter, the order shall direct that it cease unless and until required pennits and in­spections have been secured. If deemed appropriate by the building official, the order may direct that all or part of any work being done pursuant to a valid pennit be stopped.

B. Unless conditions immediately affect­ing health or safety are present, every notice or order of the building official issued under this section shall be posted and, when nec­essary, mailed five days prior to the time for doing or refraining from doing the things to which it pertains. Every stop or­der, except an order directing that a pennit be obtained, shall contain a notice that an

(S_ Comly 6-91) 276

--------

appeal of the order may be fJIed in writing with the building official within fifteen days after the order is posted.

C. While a stop order is in effect, the building official shall not issue any other pennits to the owner or permittee for any work related to the work or occupancy for which the order was issued, except as re­quired to correct the defect or violation or abate the nuisance.

D. If the owner or permittee complies with a stop order and corrects the defect or violation or abates the nuisance within thirty days of its posting, the building official shall cause the order to be removed from the site and shall mail notice that the stop order has been revoked to the person to whom the stop order was mailed.

E. Except as provided in subsection G of this section, if the owner or pennittee appeals a stop order to the building official in writing and within fifteen days of its posting, the building official shall immedi­ately present the matter to the board of appeals. If the board determines that all or some of the violations, defects or nuisances stated in the order probably do exist, the board shall set the matter for hearing before it at a specific time and place and shall mail to the owner or permittee a written citation to voluntarily appear at the hearing to show cause why the defects, violations or nui­

sances have not been corrected or abated. A copy of the citation shall be posted at the site in the same manner as the order was posted. This procedure shall not preclude the health officer from pursuing any other remedy available under state or county law.

F. At the hearing, the board of appeals shall hear all interested persons and, if it detennines that any defects, violations or nuisances exist which have not been cor-

rected or abated after due notice to do so, it may request the county counsel to initiate appropriate action in the superior court. If the board determines that no defect, viola­tion or nuisance exists, the building official shall remove the stop order from the site.

G. When the building official is satisfied that the owner will not comply with the stop order directing that a permit be ob­tained for work done or being done that requires a permit, he shall request that the district attorney prosecute the owner for violation of Section 16.04.160 and any other violations of law committed on the property and that the county counsel initiate appropriate civil action.

H. When a defect or violation disclosed during a final inspection is not corrected within fifteen days of the inspection. the building official may proceed under this section to remedy the defect or violation. No certificate of occupancy shall be issued unless and until all such defects or viola­tions are remedied.

I. No person shall deface. destroy. amend or remove a stop order without the written authorization of the building official.

J. Whoever does work or causes or permits work to be done or an occupancy to exist in violation of a stop order is guilty of a misdemeanor. Whoever defaces. destroys, amends or removes a stop order without the written authorization of the building official is guilty of a misdemeanor. (Prior code § 3717)

16.04.070 Board of building appeals. A. There is in the county a board of

building appeals composed of five members appointed by the board of supervisors for two-year terms ending on December 31st of every even-numbered year. The board mem-

277

16.04.060

bers shall include a licensed architect. engi­neer or certified building designer, a repre­sentative of a construction trade union; a licensed building contractor, a representative of a financial institution and a citizen repre­senting the public at large. During their terms members serve at the pleasure of the board of supervisors. Vacancies by other than the expiration of a member's term shall be filled for the remainder of the unexpired term. The board of appeals shall adopt rules for the conduct of its investigations and hearings and shall meet upon the call of the building official. its chairman. a majority of its members or the board of supervisors.

B. The board shall: I. Hear appeals from decisions or deter­

minations of the building official pursuant to Sections 16.04.050 and 16.04.060 and thereafter affirm. modify or reverse any such decision or determination that is within its jurisdiction to review;

2. Determine the suitability of alternate materials and types of construction;

3. Provide reasonable interpretations of this chapter. other than legal interpretations;

4. Recommend legislation to the board of supervisors on matters within the pur­view of this chapter;

5. Perform other duties as assigned by the board of supervisors. (Ord. 90-4 § I. 1990; prior code § 3704)

16.04.080 Appeals. A. An applicant tor a permit issued under

this chapter. or the holder of a pemlit issued under this chapter. or the owner of real property may appeal a decision or determi­nation of the building official or the tire warden. except a decision to prosecute a violation of this chapter. to the board of appeals within thirty days of the decision or

(Shasta CounlY 6-91)

16.04.080

detennination by filing a written appeal with the building official or fire warden. The appeal shall set forth the grounds and reasoning upon which it is based. The board shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hear­ing. The board shall render its decision in writing to the building official or fire war­den within ten days of the close of the hearing and shall concurrently mail a copy of its decision to the appellant Unless an appeal of the decision of the board of ap­peals to the board of supervisors is taken within ten days after the decision is made, the decision of the board of appeals is final.

B. Appeals to the board of supervisors from the decision of the board of appeals may be taken by either the appellant before the board of appeals or the building official or the fire warden by filing a written appeal with the clerk of the board of supervisors. The appeal shall set forth the grounds and reasoning upon which it is based. The clerk shall set the matter for hearing for the board of supervisors within ten days of the filing of the appeal and shall give the appellant and the building official or tire warden notice of the date and time of the appeal. The board shall render its decision within ten days of the close of the hearing and the decision of the board is tinal. The board may affinn, modify or reverse only the decision, or portion thereof, which is ap­pealed. The clerk shall send a copy of the board's decision to all parties to the appeal.

C. As used in this section, "building official" does not include the health officer or his deSignees. (Prior code § 3705)

(Shasta County 6-91) 278

16.04.090 Mobile homes-Utility supplies.

It is unlawful for any person to use or cause, or pennit to be used for occupancy any mobile home supplied with fuel gas, water or electricity, unless such connections and installations conform to state law and regulations adopted thereunder and an in­stallation permit has been issued where required by this code. Each day of such occupancy shall be deemed a separate viola­tion of this section. (Prior code § 3708)

16.04.100 Mobile homes-Installation requirements.

A. From and after the effective date of this section mobile homes, as detined in Title 17 of this code, are subject to the following conditions:

l. It is unlawful to install or modi fy the installation of a mobile home prior to the issuance of an installation penllit by the building ofticial. As used herein, "installa­tion" includes site preparation, construction of a sewage disposal system, placement of the mobile home, hooking up utilities and construction of any accessory structures. Fees for installation permits shall be estab­lished by resolution of the board of supervi­sors.

2. Site preparation and installation shall conform to state and county law and regula­tions adopted thereunder.

3. Mobile homes shall have a noor area of more than three hundred twenty square feet as detined in Section 16.04.030.

4. Opaque metal or temlite-resistant screening between the bottom of the siding and the ground surface shall be installed prior to the issuance of a certificate of occu­pancy. Screening shall not be required for

temporary residential facilities pennitted under Section 16.04.110.

B. The provisions of this section shall not apply to any mobile home pennanenUy placed on a foundation system pursuant to a valid building pennit. (Ord. 494-346 § 5. 1990; prior code § 3709)

16.04.110 Temporary residential facilities.

A. A mobile home or travel trailer may be placed at a building site and used as a temporary residence by the owner of the site during the construction of a one-family or two-family residence or pending installa­tion of a mobile home if:

I. The owner of the site will occupy the residence or mobile home when it is con­structed or installed. and

2. Any required use pennit and the building pennit or mobile home utilities pennit are first obtained. and

3. In the case of a temporary mobile home. the requirements of Sections 16.04.100 and 16.04.170 have been met. or in the case of a travel trailer. the require­ments of Section 16.04.100 have been met.

B. All pennits issued under Sections 16.04.090 or 16.04.100 to meet the require­ments of this section are temporary pennits and expire automatically upon the expiration of the building pennit or the mobile home installation pennit issued for the building site; or upon issuance of a certificate of occupancy for the pennanent residence or pennanent mobile home; or upon occupancy of the penn anent residence or mobile home, whichever occurs first. Each temporary pennit shall be clearly marked with the words. "Temporary pennit. Expires on_ __ " and shall state the known date of

expiration.

279

16.04.100

C. Any temporary mobile home placed at a building site under provisions of this section shall be disconnected from all utili­ties within fifteen days and removed from the site within sixty days of the expiration of the temporary pennit. COrd. 494-346 § 6. 1990; prior code § 3710)

16.04.130 Fire standards and equipment.

A. Prior to issuance of a certiticate of occupancy for any building or mobile home, or any addition to a building or mobile home. the building official shall require that the building site be cleared of all flammable vegetation or other combustible growth for a distance of not less than thirty feet on each side of the structure or to the property line. as required by Section 4291 of the Public Resources Code.

B. The fire now required before any building may be constructed or mobile home installed within the county shall be detennined by reference to the county de­velopment standards. The fire warden shall recommend appropriate tire standards to the board of supervisors for inclusion in the development standards. using as a guide the N.F.P.A. Standard 1231 Water Supplies for Suburban and Rural Fire Fighting. 1975, or the I.S.0. Guide for Detennination of Re­quired Fire Flow. 1980, or any other stan­dard necessary in the tire warden's judg­ment for the prevention or suppression of tires and tire hazards.

C. Fire hydrants currently existing or required to be installed to serve land to be developed shall be capable of providing the fire now set pursuant to subsection B of this section.

(Shasta County 6-91)

D. The fire warden shall designate the type and number of fire appliances to be in­stalled and maintained in and upon all build­ings, mobile homes and premises in the county in accordance with applicable provi­sions of the Uniform Fire Code and county development standards.

E. All sprinkler systems, fire hydrants sys­tems, standpipe systems, fire alarm systems, portable fire extinguishers and other fire pro­tective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. (Prior code § 3712)

16.04.140 Surface drainage report. When the building official or health officer

has reason to believe surface drainage on a proposed building site will threaten or jeop­ardize the health, safety or welfare of persons using the premises, he may require as a pre­requisite to the issuance of a building or mo­bile home installation permit that the applicant submit a report to him prepared by a regis­tered civil engineer which analyzes the sur­face drainage and its projected effect on the proposed construction or installation. The building official shall determine the degree of detail required in the report and may condition or deny a permit based on the report. (Prior code § 3713)

16.04.150 Violation-Penalty. A. No person shall do, cause or permit to

be done any work for which a permit is re­quired by this chapter unless a permit for that work is first obtained.

B. No person shall change or permit or cause a change of the occupancy of any struc­ture for which a certificate of occupancy has been issued, unless a new certificate of occu-

281

16.04.130

pancy has first been secured from the building

official. C. No person shall do or permit or cause

to be done any work or any occupancy to exist in violation of any stop order issued pursuant to this chapter.

D. Whenever work for which a permit is required by this chapter has been commenced without first obtaining said permit, an addi­tional penalty fee equal to the amount of the permit fee shall be assessed. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

E. A violation of any provision of this

section is a misdemeanor. (Ord. 2007-2 §§ 3, 4, 2007; prior code § 3720)

Article n. Permits and Procedures

16.04.160 Generally. A. No person shall erect, construct,

enlarge, alter, repair, move, install, improve or convert a structure or mobile home, or any portion thereof, or install, alter, repair, replace or remodel any building service equipment regulated by this code or any code adopted by reference in this chapter, or cause the same to be done, without first obtaining a valid permit for such work when a permit is required by this chapter or by any code adopted by refer­ence in this chapter, except as set forth in Sec­

tion 16.04.020. B. Applications for permits shall be made

to and permits shall be issued or reissued by the building department, department of public health or fire department, as designated by this chapter. No application shall be deemed complete and no permit shall be issued or re­issued unless any required fee, as set by reso­lution of the board of supervisors, has first been paid in full. The building official, health

(Shasta County Supp. No.7, 4-08)

16.04.160

officer, director of community development and fire warden shall, to the extent administra­tively feasible, standardize procedures for the issuance of permits required by this chapter and may consolidate some or all of the appli­cation and permit forms and required inspec­tions into the fewest number necessary to achieve the purposes of this chapter.

C. No permit or waiver for a sewage dis­posal system, and no permit for a building, structure, mobile home utilities or mobile home installation shall be approved and issued unless:

1. The application has first been reviewed and determined in writing by the resource management department to be in compliance with all applicable provisions of Chapter 12.12 (Grading, Excavating and Filling), Title 15 (Subdivisions), and Title 17 (Zoning) of the Shasta County Code, and with all land use entitlements previously approved on the par­cel on which the proposed building or installa­tion site is located, and conditions imposed pursuant thereto; and

2. The director of resource management has determined that there are no ongoing vio­lations of Chapter 12.12 or of Titles 15, 16, or 17 of this code on the parcel(s) on which the building or installation is proposed, including but not limited to illegal construction, installa­tion, use, or maintenance of existing struc­tures; violations of conditions imposed pursu­ant to development entitlements previously approved for the affected parcel; or conditions constituting a public nuisance or threat to the public health, safety, or welfare.

D. No permit for a building, structure, mobile home utilities or mobile home installa­tion shall be issued for any structure or mobile home requiring construction or reconstruction of a sewage disposal system or well for its intended use unless the sewage disposal or

(Shasta County SUpp. No.7. 4-08) 282

well permit has first been issued by the health officer. The health officer may waive either or both permits if he finds that a new sewage disposal or well permit is not required.

E. No permit for a building, structure, mobile home utilities or mobile home installa­tion shall be issued for any structure or mobile home unless the application has first been re­viewed and cleared in writing by the fire de­partment for compliance with the applicable provisions of the Uniform Fire Code and county development standards adopted in this code. (Ord. 2007-2 §§ 5, 6, 2007; Ord. 97-5 § 4, 1997: prior code § 3700)

16.04.170 Sewage disposal permits. A. No person shall construct, reconstruct,

alter, modifY or operate a sewage disposal system or related drainage piping, or cause the same to be done, without first obtaining a valid sewage disposal permit from the health officer and complying with all conditions of the permit.

B. A sewage disposal permit for connec­tion to an offsite public or private sewage dis­posal system shall incorporate by reference the requirements of the operator of the system and the building official may require written approval of the connection from the operator as a condition precedent to issuing the permit.

C. No permittee shall cause or permit any other person to do work authorized by a sew­age disposal permit issued to him unless that person is a licensed contractor or the permit­tee's employee.

D. Notwithstanding the provisions of sub­section A of this section, no sewage disposal permit is required for routine maintenance of a septic tank provided such work does not alter the original capacity or manner of operation of the sewage disposal system.

E. No permit shall be issued for a subsur­face sewage disposal system to serve a struc-

ture, mobile home or other facility or use re­quiring such a system unless the permit:

I. Is issued concurrently with a building or mobile home installation permit or,

2. Is issued for repair or replacement of a malfunctioning sewage disposal system, or

3. Includes on its face or by attachment the following printed restriction:

Construction, installation or operation of the sewage disposal system authorized by this permit does not authorize the use or ac­tivity for which the disposal system is re­quired. The issuance of this permit is not a representation that any other permit for residential or other use at the same location or on the same parcel will be issued in the future by the county. By accepting this permit the applicant acknowledges that other permits may be required for the use or activity to be served by the disposal sys­tem and that each permit will be subject to the zoning, building and related ordinances and development standards in effect at the time the permit is issued or reissued, or proposed to be issued or reissued.

(Prior code § 3707)

16.04.180 Fee schedules and refunds. A. The board of superv isors may by ordi­

nance or resolution establish schedules offees to be paid to the county prior to the processing of any application for any permit or reissuance of any permit required by this chapter, or the performance of any test. inspection or plan review required by this chapter.

B. No required fee may be refunded or waived in whole or in part unless the refund or waiver is authorized by the board of supervi­sors by ordinance or resolution. The board

may delegate the authority to waive or refund

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fees to an appropriate person or body. (Prior code § 3714)

16.04.190 Valuation. The board of supervisors may by resolution

establish its policy governing the determina­tion of value for the purpose of establishing the fees to be paid pursuant to the valuation fee schedule contained in this chapter and code adopted by this chapter. Such policy shall be based upon building valuation data published periodically by the International Code Council. In the absence of a policy reso­lution ofthe board of supervisors, the building official may use more recent valuation data so published. (Ord. 2007-2 § 7,2007: prior code § 3715)

16.04.200 Expired, suspended or revoked permits.

A. Every permit issued under provisions of this chapter, except a sewage disposal per­mit, expires by limitation and becomes null and void if the building or work authorized by the permit is not commenced within six months of the date of the permit. Every sew­age disposal permit issued under provisions of this chapter expires by limitation and becomes null and void if the work authorized by the permit is not commenced within one year of the date of the permit. Every permit issued pursuant to this chapter may be declared null and void by the building official if the build­ing or work authorized by such permit, if commenced, is suspended or abandoned for six consecutive months. Every permit issued pursuant to this chapter expires by limitation and becomes null and void if the work for which the permit was issued is not completed within two years of the date of the permit.

B. A permit may be reissued for good cause for as many times as deemed necessary

(Shasta County Supp. No.7, 4-08)

16.04.200

by the building official provided no changes have been made or will be made in the origi­nal plans and specifications for such work and provided further that the period during which work was suspended or abandoned does not exceed one year. The term of each reissuance is one year. The provisions of this chapter in effect when a permit is reissued apply to all work done after the date of reissuance. For the purpose of this subsection, "good cause" means events or circumstances beyond the control of the permittee which prevented completion of the work.

C. Any permit may be revoked or sus­pended whenever the permit is issued or reis­sued in error or on the basis of incorrect in­formation supplied or when the construction or work is in violation of the provisions of this chapter or other applicable laws.

D. Every permit issued or reissued without compliance with the provisions of this chap­ter, or in violation of any provision of this code or in violation of any regulatory order of any state or county official or agency is null and void for all purposes at the moment it is issued or reissued. (Ord. 494-346 § 8, 1990; prior code § 3716)

(Shasta County Supp. No.7, 4-08) 284

Chapter 16.08

UNIFORM CODES ADOPTED

Sections: 16.08.010 16.08.020 16.08.030

Codes adopted. Groundwater protection. Applicability and effective date of uniform codes-Exceptions.

16.08.010 Codes adopted. The building standards, rules and regula­

tions contained in the most recent edition of those codes specified in Sections 17922 and 18938 of the California Health and Safety Code, and in Appendix Chapter I of Title 24, Part 2, of the California Code of Regulations, as may be amended from time to time, are adopted by reference. (Ord. 2007-2 § 8,2007: Ord. 95-8 § 2 (part), 1995)

16.08.020 Groundwater protection. The board of supervisors finds and declares

that there are special geologic and groundwa­ter conditions in the county which require special considerations for the placement, in­spection, installation and operation of sewage disposal systems; that the threat of septic con­tamination ofthe ground and surface waters is greater in the county than in other portions of California; that the director of resource man­agement and his staff have from time to time consulted with the staff of the Regional Water Quality Control Board regarding acceptable standards for sewage disposal; that the sewage disposal standards and requirements adopted by resolution of this board and published in the county development standards are amended from time to time as reasonably nec­essary because oflocal conditions and experi­ence and further declares that the development

285

16.08.010

standards shall therefore prevail over any con­flicting provisions of the Uniform Plumbing Code. (Ord. 95-8 § 2 (part), 1995)

16.08.030 Applicability and effective date of uniform codes­Exceptions.

Work begun pursuant to any permit first issued pursuant to one or more of the uniform codes in effect in the county immediately prior to the effective date of the ordinance codified in this chapter may be completed un­der the provisions of those codes. All work begun after the effective date of the ordinance codified in this chapter pursuant to a permit reissued after the effective date of the ordi­nance codified in this chapter is subject to all requirements of the uniform codes adopted by Chapter 16.08. However, the building official may apply to such work the provisions of any uniform code in effect immediately prior to the effective date of the ordinance codified in this chapter if the building official determines that it is unreasonable to apply one or more provisions of the uniform codes adopted by the ordinance codified in this chapter, due to the nature of extent of lawful construction, alteration or conversion of any structure prior to the effective date of the ordinance codified in this chapter. It is the intent of the board of supervisors in enacting this section to apply the current uniform codes, as adopted by this chapter, to all new work subject to these codes, but also to authorize the building offi­cial to exercise discretion as to preexisting work, lawfully done but incomplete as of the effective date of the ordinance codified in this chapter. (Ord. 95-8 § 2 (part), 1995)

(Shasta County Supp. No.7, 4-08)

16.12.010

Chapter 16.12

SETBACK LINES

Sections: 16.12.010 16.12.020 16.12.030 16.12.040 16.12.050

16.12.060 16.12.070 16.12.080 16.12.090

Statutory authority. Purpose-Objective. Established. Applicability. Improvements not permitted. Variances-Generally. Variance procedure. Grounds for variance. Violations designated.

16.12.010 Statutory authority. A. This chapter is adopted pursuant to the

provisions of Article I, Chapter 4, Title 7, of the Government Code of the state ofCalifor~ mao

B. It is found and dec lared that the county planning commission has recommended the adoption of this chapter to the board of super­visors. (Prior code §§ 4701 (a), (b»)

16.12.020 Purpose-Objective. A. The purpose of this chapter is to pro­

vide for and ensure the preservation and the orderly economic and adequate development and expansion of an adequate transportation system within the county; and to protect and conserve the public interest, presently and for the future, in streets, highways and roads within the county, having adequate alignment, dimensions and vision clearance, by prevent­ing the encroachment of permanent improve­ments the existence of which would render unnecessarily difficult, impractical and un­economical the maintenance and expansion of an adequate highway system. It is found and declared that the establishment of a minimum

(Shasta County Supp No.7. 4·08) 286/288

setback line is necessary for the protection and preservation ofthe public interest and safety.

B. The objective of this chapter is to es­tablish a general common minimum setback zone within the county. It is recognized and declared that it may from time to time in the future become necessary to amend this chap­ter as a whole, or in respect to individual highways or roads within the county, as the public need and special conditions hereafter found may require. Nothing herein contained shall be construed as permitting a front yard depth or building setback of a lesser distance than may be provided by any valid contract, deed restriction, covenant, subdivision restric­tion or district ordinance now in force or here­inafter adopted. (Prior code §§ 470 I (c), 4702)

16.12.030 Established. A. A general building setback line is

adopted within the unincorporated area within the county, as hereinafter specifically pro­vided.

B. A building line setback is established along each side of every state highway and all roads in the select system of county roads in the county as set out in the California State Streets and Highway Code. Such building line setback shall be, and is established, par­allel to and at a distance of fifty feet from, and on both sides of. the established center line of each such state highway or select county road within the unincorporated area of the county. The space between the set­back lines on either side of each such

highway or road shall constitute the set­back zone, which shall be one hundred feet in width. (Prior code §§ 4700, 4710)

16.12.040 Applicability. This chapter shall apply to any existing

or future highway or road within the unincorporated area of this county which is hereafter established as a state highway or select county road, effective as of the date of acceptance of the same for public use by duly constituted authority; pro­vided, that any building, structure, well, excavation or subsurfaced structure within the setback zone of any street, highway or road which is in existence at the time of acceptance of the same for public use shall be deemed to be a non­conforming use and shall not be subject to Section 16.12.050. No nonconforming use, under this section or Section 16.12.050, shall be enlarged or extended. (Prior code § 4712)

16.12.050 Improvements not permitted.

It is unlawful to erect, within any set­back zone, any building or structure whatsoever, including but not limited to derricks, windmills, silos, outdoor motion picture screens, advertising structures, barns, houses. outbuildings and platforms; or to dig, excavate or install within any setback zone any well or other excavation, whether for water or for oil or other hydrocarbon products, or for any other purpose, or install a subsur­face structure of any kind; provided, that this section shall not apply to trees, agri­cultural crops, open fences or public util­ity installations (exclusive or permanent buildings) erected under authority or

289

16.12.030

law; nor shall it apply to any building, structure, well, excavation or subsurface structure in existence as of the date of Ordinance Number 385, the predecessor to this chapter, all of which existing buildings, structures, wells, excavations and subsurface structures shall be deemed to be nonconforming uses. (Prior code § 4711)

16.12.060 Variances-Generally. Variances from the provisions and

requirements of this chapter may be granted in cases of unnecessary hardship in accordance with the procedure and under the conditions set forth in this sec­tion and Sections 16.12.070 and 16.12.080. (Prior code § 4714 (a»

16.12.070 Variance procedure. A. If applicant for a variance shall file

a written request therefore with the county planning commission, which request shall describe the property in connection with which the variance is sought and shall state the nature and extent of the desired variance and the particular reasons and ground for the request.

a. Upon the filing of a written request in compliance with subsection A of this section, and if the request shows upon its face that good cause does or may exist for the granting of a variance, the planning commission shall hold a public hearing on the request at a regular or special meeting.

C. Notice ofthe hearing shall be given not less than five days prior thereto, by postal card or letter. to the Division of Highways, California State Department of Public Works (when affected); the

1 I

I I

16.12.070

county department of public works; each owner of real property, as shown in the last equalized assessment roll, within a radius of three hundred feet of the site of the proposed variance; and to the appli­cant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the generalloca­tion of this property and a brief statement of the variance sought.

D. Hearing upon the request may be adjourned from time to time without fur­ther notice other than oral announce­ment.

E. Within forty days of the final hear­ing upon the request for variance, the planning commission shall render its written report to the board of super­visors, which report shall contain the findings and recommendation of the planning commission. A copy of the report shall be mailed to the applicant.. The recommendation shall be an approval, a disapproval or a qualified or conditional approval of the request; and may, in case of disapproval, contain alternative recommendations. The plan­ning commission may, as a condition of approval, recommend that the applicant execute a covenant running with the land, or such other instrument or agree­ment as will protect and subserve the public interest for the future.

F. The board .of supervisors shall accept or reject the recommendation of the planning commission, or shall return the same for further consideration, and in the latter case, a supplemental report of the planning commission shall be sub­mitted to the board of supervisors within ten days after the next regular meeting of

290

the planning commission, an acceptance by the board of supervisors of a recom­mendation or approval contained in an original or supplemental report of the planning commission shall constitute the granting of the variance upon such con­dition, if any, as may be specified in such report. (Prior code § 4714 (b»

16.12.080 Grounds for variance. No variance shall be recommended by

the planning commission or granted by the board of supervisors unless each of the following facts is found to exist by the planning commission:

A. That a substantial and unnecessary hardship would be imposed upon the applicant if a strict and literal interpreta­tion of this chapter with regard to his property were made and the desired vari­ance is not granted;

B. That such hardship is peculiar to the applicant, and not common to other owners of other real property in the area of the desired variance;

C. That such hardship is not solely financial;

D. That a granting of the requested variance, upon such conditions as may appear necessary in the public interest, would not impair or adversely affect the general plan and purpose of this chapter. (Prior code § 4714 (c»

16.12.090 Violations designated. No person shall erect, locate, install,

dig or construct any building, well, excavation or subsurface structure or enlarge or extend any nonconforming use, or cause or permit any of these things to be done, contrary to the provisions of this division. (Prior code § 4713)