Sec. 5-2. - Violations—Penalties.
Sec. 5-4. - Enforcement agency and administrative official—Designated.
Sec. 5-5. - Same—Effect of failure to inspect after request.
Sec. 5-6. - No workmen qualifications.
Sec. 5-8. - Same—Double fee for failure to obtain.
Sec. 5-10. - Copies of codes on file.
Sec. 5-11.5. - Relationship to zoning ordinance.
Sec. 5-12. - Flood damage reduction.
Whenever the following terms appear in this chapter or any of the codes hereby referred to, they shall have the meanings ascribed to them in this section unless the context clearly discloses a different intent:
Building official, administrative authority or enforcement agency: The Deputy Director-Building Official of the Kings County Community Development Agency is assigned the duties of the Kings County Building Official, and any assistant or employee in the building division of the community development agency designated by him or her in carrying out these duties.
Chief electrical inspector: The building official.
City: The unincorporated portion of this county.
City attorney: The district attorney except when the duties provided to be performed are those of the county counsel, in which event the words "city attorney" shall mean county counsel.
City council: The board of supervisors.
City clerk: County clerk.
City treasurer: County treasurer.
Director of public works: (As referred to in the Uniform Code for the Abatement of Dangerous Buildings) shall mean the building official.
Health officer: Health Officer of the County of Kings.
Mayor: The chairman of the board of supervisors.
Municipality: This county.
(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.2, § 1. 4-21-09; Ord. No. 567.3, § 1, 7-28-09)
Sec. 5-2. - Violations—Penalties.
It shall be unlawful for any person to construct any building or structure or cause the same to be done or to maintain any unsafe structure or building or substandard building contrary to or in violation of any of the provisions of this chapter, and any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and each person is guilty of a separate offense for each day or portion thereof during which any violation of any provision is committed, continued or permitted and upon conviction of any such violation shall be punishable as provided in section 1-8.1 of this Code of Ordinances. The penalty provisions of this chapter shall supersede all similar or conflicting provisions of the codes adopted hereby.
(Ord. No. 567.1, § 1, 1-8-08)
The provisions of this chapter may also be enforced by injunction issued out of the superior court upon suit of the county or the owner or any person in possession of any property affected by such violation or prospective violation, and this method of enforcement shall be cumulative and in no way affect the penal provisions of this chapter.
(Ord. No. 567.1, § 1, 1-8-08)
Sec. 5-4. - Enforcement agency and administrative official—Designated.
The provisions of this chapter shall be administered by the building official who, pursuant to Section 17964 of the Health and Safety Code of the State of California, is hereby designated and charged with the responsibility for enforcement of the state housing law and the rules and regulations promulgated thereunder in the County of Kings. The building official is authorized and directed to enforce all provisions of this chapter including the codes hereby adopted and for such purpose he or she shall have the authority to issue citations for violations of this chapter.
(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 2, 7-28-09)
Sec. 5-5. - Same—Effect of failure to inspect after request.
Failure on the part of the building official to make an inspection within 48 hours of receiving a request for inspection shall be deemed an approval by the building official; provided, however, Saturdays, Sundays and legal holidays shall not constitute any part of such 48-hour period.
(Ord. No. 567.1, § 1, 1-8-08)
Sec. 5-6. - No workmen qualifications.
Subject to the provisions of Section 7031.5 of the Business and Professions Code, no licensing or other requirement or qualification shall be required to do any work of any kind referred to in this chapter and it shall be sufficient that the work itself meets the requirements of this chapter irrespective of the person who may perform the same.
(Ord. No. 567.1, § 1, 1-8-08)
No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, wire or engage in plumbing, any building or structure in the unincorporated territory of the county without first obtaining a separate building, electric, plumbing and mechanical permit for the work proposed on each such building or structure from the building official.
(Ord. No. 567.1, § 1, 1-8-08)
Sec. 5-8. - Same—Double fee for failure to obtain.
Notwithstanding any provision of any code herein adopted by reference or any provision in any code adopted by reference in any code, where work for which any permit is required by this chapter is started or proceeded with prior to obtaining said permit, the fees may be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work or from any other penalties prescribed herein.
(Ord. No. 567.1, § 1, 1-8-08)
In addition to exemptions specified in the California Codes adopted by this chapter, this chapter shall not be applicable to any work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this chapter, flood control or irrigation structures, irrigation pipes, or irrigation wells. Nor shall this chapter be applicable to buildings, structures, power plants, facilities, equipment or installations owned or to be constructed by or for a public utility corporation or a gas and oil industry subject to the jurisdiction of the state public utilities commission, federal power commission, California Energy Commission, or the state department of natural resources where said buildings, structures, power plants, facilities, equipment or installations are specifically subject to regulation as to design, construction, and operation by said commission or department.
This chapter shall not be applicable to structures designed and constructed for the following farm uses on a parcel ten acres, or greater, in size: Buildings or structures to house birds, poultry or livestock, animal shade structures, hay sheds, granaries, silos, fences, buildings designed and intended to be used for the sale of seasonal agricultural products grown upon the farms upon which they are located and which sales buildings are of a size less than 400 square feet in area. The agricultural exemption provided for in this paragraph shall be applicable only in the following zone districts: General Agricultural-20, General Agricultural-40, Exclusive Agricultural, and Limited Agricultural-10. Such farm buildings or structures are not to be for human habitation or places of employment where agricultural products are processed, treated, or packaged nor shall they be used by the public or attached to a dwelling. Said agricultural exemption shall not apply to any electrical, plumbing or mechanical activities which involve connection to electrical energy, combustible fuel, or domestic water systems. All persons claiming an agricultural exemption pursuant to this paragraph shall, before commencing construction, make application with the building official, with a fee in the amount set by resolution of the board of supervisors, to offset the building departments cost of processing the application, and secure from said building official a determination in writing that such construction is exempt from the requirements of this chapter.
The owner or person proposing to construct a building or structure or perform any work exempt from the provisions hereof may obtain the inspection service as provided in this chapter by applying for and obtaining the appropriate permits and paying the regularly established fees therefore in the same manner as though said building, structure or work were not exempt pursuant to this section.
(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 3, 7-28-09)
Sec. 5-10. - Copies of codes on file.
Not less than three copies of each code hereby adopted by reference, all certified by the clerk of the board of supervisors to be true copies, shall be filed in the office of said clerk, and shall be left there for public inspection while this chapter is in force, provided that one of the copies, after certification thereof may be kept in the office of the building official.
(Ord. No. 567.1, § 1, 1-8-08)
The building official or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the county in the discharge of his or her duties, shall not thereby render himself liable personally and he or she is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the building official or employee, because of such act or omission performed by him or her in the enforcement of this chapter, shall be defended by the appropriate legal department of the county until the final termination of the proceedings.
(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 4, 7-28-09)
Sec. 5-11.5. - Relationship to zoning ordinance.
No permit shall be issued to construct, alter, modify, or relocate a building or structure for any purpose inconsistent with the Kings County Zoning Ordinance.
(Ord. No. 567.3, § 5, 7-28-09)
Sec. 5-12. - Flood damage reduction.
Before any permit is issued pursuant to this chapter, approval must be given pursuant to Chapter 5A of this Code of Ordinances.
(Ord. No. 567.1, § 1, 1-8-08)
Fees for permits required by this Chapter shall be calculated using the fee schedule tables listed in the 1997 editions of the Uniform Building Code, Uniform Plumbing Code, Uniform mechanical Code and the 1996 National Electrical Code.
Building valuation shall be determined by using the latest "Building Valuation Data" table published by the International Conferences of Building Officials in their periodical titled "Building Standards."
(Ord. No. 567.1, § 1, 1-8-08)