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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. IN GENERAL

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
IN GENERAL

ARTICLE 1.
DEFINITIONS

Sec. C1-1. General.

Unless the provisions or the context otherwise requires, the definitions of this article shall govern the construction of this title and those chapters in this title that incorporate various codes by reference.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-2. City.

"City" means the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-3. Building Department.

"Building Department" means the building inspection functions of the Department of Planning and Development.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 26, 10-8-74; Ord. No. NS-300.223, § 2, 3-30-76; Ord. No. NS-300.357, § 24, 5-25-82)

Sec. C1-4. Building Official.

"Building Official" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 27, 10-874; Ord. No. NS-300.223, § 3, 3-30-76; Ord. No. NS-300.357, § 24, 5-25-82)

Sec. C1-5. Housing and Advisory Appeals Board.

"Housing and Advisory Appeals Board" means the Board of Supervisors.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-6. Health Officer.

"Health Officer" means the Director of the Public Health Department.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-7. Chief of Fire Department.

"Chief of Fire Department" means the County Fire Marshal or the chief of the fire protection and prevention agency having jurisdiction over fire protection and prevention.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-8. Fire Department.

"Fire Department" means the County Fire Marshal or the fire protection and prevention agency having jurisdiction over fire protection and prevention.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-9. Authority.

"Authority" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 28, 10-8-74; Ord. No. NS-300.223, § 4, 3-30-76; Ord. No. NS-300.357, § 26, 5-25-82)

Sec. C1-10. Administrative authority.

"Administrative authority" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 29, 10-8-74; Ord. No. NS-300.223, § 5, 3-30-76; Ord. No. NS-300.357, § 27, 5-25-82)

Sec. C1-10.1. Remodel.

"Remodel" means an alteration to an existing building in which a majority of the existing exterior walls are substantially maintained. In order to be considered a remodel, all of the following criteria shall be met:

(a) A continuous length of the existing exterior walls comprising at least 50 percent of the total existing exterior walls must maintain their structural constitution, location, and their situation as exterior walls;

(b) The framing members (including studs, top plate and bottom plate) of such remaining walls may not be removed or altered, except as necessary for the installation of windows or doors, or the installation, modification or removal of abutting interior walls. Other minor repair or alteration of individual framing members shall be subject to prior approval by the Building Official or his/her authorized designee; and,

An alteration in excess of the above will be considered a new building and not a remodel. All cumulative alterations to a building within the previous two years shall be included when determining whether the scope of work constitutes a remodel or new building.

(Ord. No. NS-300.647, § 1, 1-23-01)

Sec. C1-10.2. Reserved.

Editor's note--Section C1-10.2, defining "Manager" and "Manager of the Building Inspection Division," derived from Ord. No. NS-300.223, § 6, adopted Mar. 30, 1976, was repealed by § 1 of Ord. No. NS-1100.72, adopted Aug. 18, 1987.

Sec. C1-10.3. Reserved.

Sec. C1-10.4. Director of Building Inspection Division.

"Director of Building Inspection Division" means the Building Inspector.

(Ord. No. NS-3.19, § 5, 5-4-76)

Sec. C1-10.5. Reserved.

Sec. C1-10.6. Subdivisions and land development definitions.

As used in Division C12 (commencing with Section C12-1) of this title, with respect to the functions of County Surveyor and other engineering functions directly related to problems and needs of land development, including land development plans and pertinent regulations, the terms "County Engineer," "Department of Public Works," "Director of Transportation Agency," "Transportation Agency," and "Engineering Services Division of the Transportation Agency," mean the County Surveyor.

(Ord. No. NS-3.19, § 6, 5-4-76)

Sec. C1-11. General definition.

Any title, position, agency or function referred to in any of the codes incorporated by reference in the various chapters of this title and not specifically defined herein shall be deemed a reference to the appropriate County title, position or department.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Secs. C1-12--C1-21. Reserved.

ARTICLE 2.
RESERVED*

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Editor's note--Ord. No. NS-1100.47, § 1, adopted March 20, 1978, repealed §§ C1-22--C1-27, which sections had comprised the substantive provisions of Art. 2, "Agricultural Exemption." Said sections had been derived from Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971.

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Secs. C1-22--C1-37. Reserved.

ARTICLE 3.
APPEALS*

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Editor's note--Ord. No. NS-1100.103, § 1, adopted June 24, 2008, amended Art. 3, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. 3 pertained to similar subject matter. See also the Code Comparative Table.

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Sec. C1-38. Appeal to Code Enforcement Appeals Board.

Any final decision, notice or order by the Building Official or his or her duly authorized representative with respect to the suitability of alternate materials, alternate methods and types of construction or interpretation or decision under the building, fire, plumbing, electrical and mechanical codes shall be given in writing. Any interested person dissatisfied with such decision may file with the Clerk of the Board of Supervisors a written appeal to the Code Enforcement Appeals Board specifying the reasons for the appeal within ten calendar days after written notice of the decision. The Board shall hold a public hearing on the matter within 60 days of the notice to appeal, or as soon thereafter as a quorum can be assembled. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Board may continue the hearing for good cause. The Board shall hear the matter and approve, disapprove or modify the decision of the Building Official.

(Ord. No. NS-1100.103, § 1, 6-24-08)

Sec. C1-39. Term "Building Official" includes Fire Marshal.

The term "Building Official," in this article, includes the Fire Marshal.

(Ord. No. NS-1100.103, § 1, 6-24-08)

Sec. C1-40. Appeal to Board of Supervisors.

Any interested person dissatisfied with the decision of the Code Enforcement Appeals Board may file with the Clerk of the Board of Supervisors a written appeal to the Board of Supervisors specifying the reasons for the appeal within ten calendar days after the decision of the Code Enforcement Appeals Board. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Board of Supervisors shall hear the matter de novo and approve, disapprove or modify the decision of the Code Enforcement Appeals Board. The decision of the Board of Supervisors shall be final.

(Ord. No. NS-1100.103, § 1, 6-24-08)

Sec. C1-41. Notices.

All notices given hereunder shall be deemed effective when delivered personally or when placed in the United States mail depository, postage prepaid, to the recipient's last known address.

(Ord. No. NS-1100.103, § 1, 6-24-08)

Sec. C1-42. Effect of Building Official's decision during appeal period.

The Building Official's decision, notice or order shall remain in effect unless or until it is disapproved or modified by the Code Enforcement Appeals Board or the Board of Supervisors.

(Ord. No. NS-1100.103, § 1, 6-24-08)

Secs. C1-43--C1-51. Reserved.

ARTICLE 4.
PROPERTIES SUBJECT TO ANNEXATION*

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Editor's note--Section 1 of Ord. No. NS-1100.59, adopted Feb. 3, 1981, repealed Art. 4, §§ C1-52--C1-56, relating to annexation, derived from Code 1954, § 11.1.5-1; Ord. No. NS-1100.14, 11, adopted Sept. 21, 1959; and Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971. Section 2 of Ord. No. NS-1100.59 enacted a new Art. 4, § C1-52.

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Sec. C1-52. Properties subject to annexation.

(a) No application for a building permit, single building site approval or subdivision shall be accepted for filing for any parcel of land within a city's urban service area and which is:

(i) Contiguous to the city; or

(ii) Separated from the city by the width of a public street or highway; or

(iii) Located within territory entirely surrounded by one or more cities and adjoining a portion of a public street or highway which is no more than 300 feet in length connecting the parcel to territory within the city;

unless a petition or resolution initiating annexation of the parcel to such city has been filed with the appropriate local agency and denied, or unless the city council or its planning director has, in writing, waived the provisions of this section. In the event the parcel is located within territory which has been placed under the County's jurisdiction pursuant to California Government Code § 35004 [now repealed], the landowner shall be required to file a petition with the Local Agency Formation Commission to detach the parcel from the city to which the parcel has previously been annexed and to annex the parcel to the city again.

(b) This section shall not prevent the filing of any application for, or a modification of, a zone change or permit for any or all of the following:

(i) Remodel or addition to an existing single-family residence and construction of new accessory structures (including swimming pools and subordinate secondary dwelling units) for an existing single-family residence;

(ii) Reconstruction of any structure destroyed by fire, flood or other casualty beyond the control of the property owner;

(iii) Replacement of a structure because of condemnation proceedings;

(iv) Minor alterations of or additions to existing duplexes, multifamily dwellings, commercial and/or industrial structures and uses and construction of minor accessory structures and parking areas for any of the foregoing existing structures and uses.

(c) For the purpose of (b)(iv) above, "minor" shall mean changes which do not substantially alter or significantly intensify the existing primary land use. Such determination shall be made mutually by the planning directors or their designees of the County and the affected city within ten days of the applicant's written request for a determination. Upon their failure to agree, the matter shall be referred to the members of the Local Agency Formation Commission, which shall henceforth constitute the County reviewing body. The determination of this reviewing body shall be final.

(d) This section shall not prevent the filing of applications for a building permit on any parcel with one or more of the following currently valid approvals or permits: single building site approval, architectural and site approval, for a use authorized under a use permit, an approved building site on a parcel map or final map.

(e) This section shall not apply to lands owned by the County or to educational facilities and facilities incidental to the operation of an educational institution, including but not limited to housing for students, faculty and staff thereof, provided such educational institution owns more than 2,000 contiguous acres of land and provided such facilities are supplied with services essentially equivalent to those described in Section 34-1 of the Zoning Ordinance of the County of Santa Clara, which determination shall be made by the Director of Planning and Development.

(Ord. No. NS-1100.59, § 2, 2-3-81; Ord. No. NS-1100.61, § 1, 8-10-81; Ord. No. NS-1100.64, § 1, 4-19-83; Ord. No. 1100.65, § 1, 11-29-83; Ord. No. NS-1203.69, §§ 1, 2, 7-24-84; Ord. No. NS-1203.75, § 1, 7-23-85; Ord. No. NS-300.647, § 2, 1-23-01)

Secs. C1-53, C1-54. Reserved.

Sec. C1-55. Properties annexed to cities but returned to County jurisdiction pursuant to Government Code § 35004 [now repealed].

In the event that unincorporated territory of the County is annexed to a city and jurisdiction over such territory reverts to the County pursuant to Government Code § 35004 [now repealed] while the validity of the annexation proceedings is examined in court, the following policies shall apply to the development of properties within such territory;

(1) Whenever a development project has received final discretionary approval by a city prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], if the underlying land use is allowed in the zoning district in which the property is located, the County shall accept such approval and allow the project to proceed subject to fulfillment of any conditions established by the city and inspections, utility hookups and other ministerial actions normally taken or required by the County for the completion of the project. County departments shall charge fees for services provided to such development projects in accordance with fee schedules adopted by the Board of Supervisors.

(2) If an application for a development project has been filed with a city but the city has not granted final discretionary approval to the project prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], a new application may be filed with the County notwithstanding the provisions of Section C1-52 of this article. When there is no conflict with adopted County standards, the land development policies, standards and decisions of the annexing city shall be used as the primary guide for actions taken on such development projects.

(3) For the purposes of this section, "development project" means any activity involving the issuance of a permit or other entitlement for the use or division of any parcel of land or for the erection, installation, construction, reconstruction, modification or repair of any structure or improvement on land or for the grading or removal of materials on real property. "Development project" does not include zone changes.

(Ord. No. NS-1100.60, § 1, 3-16-81)

Secs. C1-56--C1-66. Reserved.

ARTICLE 5.
PERMITS, PROHIBITIONS AND PENALTIES

Sec. C1-67. Permits.

No person shall engage in any work, or cause any work to be performed, for which a permit or approval is required by any provision of this title, without first obtaining a permit or approval in accordance with the provisions of this title. County of Santa Clara public facilities are exempt from the requirement to obtain permits or other approvals that may be required pursuant to the County Building Code, County Plumbing Code, County Electrical Code and County Mechanical Code. Any exemption from the permit requirements of the County Building Code, County Plumbing Code, County Electrical Code or County Mechanical Code shall not be construed as authorization to perform any work in any manner that violates the provisions of such codes or any other County ordinances, codes or standards.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.102, § 2, 12-11-07)

Sec. C1-68. Reserved.

Editor's note--Section C1-68, requiring an electrical permit, derived from Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971; Ord. No. NS-1100.47, § 2, adopted Mar. 20, 1978; and Ord. No. NS-1100.49, § 1, adopted Nov. 6, 1978, was repealed by § 2 of Ord. No. NS-1100.72, adopted Aug. 18, 1987.

Sec. C1-69. Fees.

The Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance of permits relating to the County Building Code, the County Plumbing Code, the County Mechanical Code, the County Electrical Code and for such other building, construction and development regulations as may be adopted by the Board of Supervisors and incorporated in this title.

(Ord. No. NS-100.38, § 1, 11-2-71; Ord. No. NS-100.41, § 2, 11-14-72; Ord. No. NS-3.16, § 32, 10-8-74; Ord. No. NS-3.19, § 7, 5-4-76; Ord. No. NS-1100.102, § 3, 12-11-07)

Sec. C1-70. Unlawful acts.

(a) It is unlawful for any person to engage in any work for which a permit is required by this title without first securing, or causing the securing, of such permit from the Building Official. It is unlawful to use, occupy or maintain any building or structure, or cause the same to be done, in violation of the provisions of this title, or in violation of any of the provisions of the codes incorporated herein.

(b) The Building Official may issue a permit to an owner-builder exempt from having a license under state law.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-71. Violations or conflicts of laws.

No permit required by this title shall be issued to any applicant, and no final inspection shall be made in connection with any premises or portion thereof upon which there exists a conflict with any County ordinance or state law.

The issuance or granting of a permit shall not be deemed or construed to be a permit for or approval of any violation of the provisions of this title. No permit purporting to give authority to violate or cancel the provisions of this title shall be valid.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-72. Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any provision of this title or any of the codes incorporated thereunder or fails to comply with any mandatory requirement of this title or any of the codes incorporated thereunder is guilty of an infraction unless the Office of the District Attorney determines that the violation is more properly charged as a misdemeanor based on the severity of the violation or the violator's previous violation of this code or any other law or ordinance related to the use, development or condition of any real property. Except as otherwise provided, a violator shall be guilty of a separate offense for each and every day or portion of a day during which any violation is committed, continued or permitted by such person, and shall be punishable accordingly. Infractions are punishable as provided by Government Code section 25132. Misdemeanors are punishable by imprisonment in the County jail not exceeding one year or by a fine not exceeding $1,000.00 per offense, or by both.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.69, § 1, 1-7-86; Ord. No. NS-1100.92, § 1, 6-7-05)

Sec. C1-73. Enforcement.

(a) Any act or omission prohibited by this title or any of the codes adopted thereunder is hereby declared to be unlawful and a public nuisance. Pursuant to section 836.5 of the California Penal Code, the Building Official and his or her representatives are hereby authorized to enforce the provisions of this title and to issue citations for violations thereof. The Building Official and his or her representatives may also seek to abate the nuisance pursuant to Chapter III of Division A1 of Title A of this Code. The Building Official and his or her representatives may also, through the Office of the District Attorney or the Office of the County Counsel, apply to any court of competent jurisdiction for a suitable remedy at law or in equity. In addition to any other relief that the court deems appropriate, the court shall require the violator to reimburse the County for all costs and expenses related to the violation, including but not limited to staff time, abatement and inspection costs, and reasonable attorneys' fees. To the extent required by Government Code section 25845, in a nuisance abatement action the prevailing party may recover attorneys' fees; however, an award of attorneys' fees against the County shall not exceed the amount of attorneys' fees incurred by the County in the action.

(b) There shall be no civil liability on the part of, and no cause of action shall arise against, the Building Official or his or her representatives acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 3, 8-18-87; Ord. No. NS-1100.76, § 1, 1-10-89; Ord. No. NS-1100.92, § 2, 6-7-05; Ord. No. NS-1100.101, § 1, 8-7-07)

Sec. C1-74. Expiration of permit, fee refunds.

(a) Expiration. Every permit issued by the Building Official shall expire and become null and void if the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for, a period of 180 days at any time after the work is commenced. Before such work can be recommenced, a new permit shall be obtained first, and the fee therefor shall be in the amount required for a new permit for the remaining uninspected work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that the suspension or abandonment has not exceeded one year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

(b) Fee refunds.

(1) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(2) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(3) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

(4) The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 4, 8-18-87)

Sec. C1-75. Liability of County.

This title shall not be construed as imposing upon the County any liability or responsibility for damages resulting from defective building, plumbing, electrical or heating work; nor shall the County or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-76. Notices of code violations.

Whenever the Building Official or his or her representative has knowledge of a violation of any provision of this title or any code adopted thereunder, the Building Official or his or her representative may provide a notice of intent to record a notice of code violation to the owner of the property upon which the violation is located. Notice shall be provided by posting on the property and by mail at the address shown on the latest assessment roll or at any other address of the property owner known to the Building Official. The notice shall state that within 20 days of the date of the notice, the owner may request a meeting with the Building Official or his or her representative to present evidence that a violation does not exist.

If a meeting is not requested, the violation has not been corrected, or if after consideration of evidence the Building Official or his or her representative determines that a code violation in fact exists, a notice of code violation may be recorded in the Office of the County Clerk-Recorder.

At the request of any affected property owner, the Building Department shall issue a notice of expungement of the code violation upon determination by the Building Official or his or her representative that all of the violations noticed hereunder have been corrected and all related fees have been paid. The notice of expungement may be recorded with the County Clerk-Recorder by the affected property owner at the owner's expense.

(Ord. No. NS-1100.62, § 1, 6-8-82; Ord. No. NS-1100.92, § 3, 6-7-05)

Secs. C1-77--C1-79. Reserved.

ARTICLE 6.
COMMON OWNERSHIP EASEMENTS

Sec. C1-80. Common ownership covenant of easement.

Pursuant to Government Code section 65870 et seq., the County hereby authorizes the creation of easements for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes. Such easements shall be created by a recorded covenant of easement made by an owner of real property to the County. The covenant must describe the real property benefited and burdened by the easement, and shall identify the approval, permit, or designation granted by the County that relies upon or requires the covenant. All real property benefited or burdened by the covenant of easement shall be in common ownership when the covenant of easement is recorded with the County Clerk-Recorder and any other county in which all or part of the real property is located. The covenant shall take effect upon recording and shall act as an easement pursuant to Civil Code section 801 et seq., except that it shall not merge into any other interest in the real property.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Sec. C1-81. Release of covenant.

After holding a noticed public hearing, the Board of Supervisors may release any covenant of easement created pursuant to this article if it finds that the covenant is no longer necessary to achieve the County's land use goals. If the Board releases a covenant, the Clerk of the Board shall record the release with the County Clerk-Recorder.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Sec. C1-82. Costs.

All reasonable costs associated with the creation or release of any covenant of easement created pursuant to this article shall be borne by the property owner proposing to create or release the covenant.

(Ord. No. NS-1100.94, § 1, 8-9-05)

Secs. C1-83--C1-89. Reserved.

ARTICLE 7.
RESERVED*

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Editor's note--Ord. No. NS-1100.97, adopted October 17, 2006, repealed § C1-91, which pertained to demolition permit restrictions. See also the Code Comparative Table.

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Sec. C1-90. Reserved.

Editor's note--Ord. No. NS-1100.81, § 1, adopted July 21, 1992, repealed § C1-90, which pertained to structures intended for human habitation.

Sec. C1-91. Reserved.