Ordinance 23-12ORDINANCE NO. 23-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE ADDING
CHAPTER 110.02 (ADMINISTRATIVE CODE) TO THE EASTVALE MUNICIPAL
CODE AND AMENDING CHAPTER 110.01 OF THE EASTVALE MUNICIPAL
CODE
WHEREAS, California Building Standards Commission does not adopt the administration
chapter of the California Codes therefor the City Council of Eastvale needs to adopt its own
administration chapter; and
WHEREAS, The City Council of the City of Eastvale is not required to make an express
finding for amendments necessary to carry out the application of the Administrative Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. "Chapter 110.01 is renamed to "Construction Debris". Section 110.01.020
is repealed and reserve."
SECTION 2. Chapter 110.02 (Administrative Code) is hereby added to the Eastvale
Municipal Code to read as follows:
"CHAPTER 110.02.
ADMINISTRATIVE CODE
SECTION 110.02.010 Title and Scope.
A. Title. This chapter shall be known as the "Eastvale Administrative Code.
B. Scope. The provisions of this chapter shall serve as the administrative, organizational and
enforcement rules and regulations for all of this title and Chapter 110.01.
Exemption for Pending Applications. This chapter shall not apply to any building or structure
for which application for a plan check, construction or demolition was made prior to
January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged,
altered or repaired in accordance with the provisions in effect at the date of said
application.
C. Intent. The purpose of this chapter is to establish the minimum requirements to safeguard
the public health, safety and general welfare through structural strength, means of egress,
facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to
life and property from fire and other hazards attributed to the built environment and to provide
safety to firefighters and emergency responders during emergency operations.
D. Referenced Codes. The Codes listed in Section 110.02.040.D and referenced elsewhere in
this section, shall be considered part of the requirements of the municipal code to the
prescribed extent of each such reference.
1. Building Code. The provisions of this code shall apply to the constructions, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structures or any appurtenances
connected or attached to such buildings or structures
Exception: Detached one- and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of egress, and their
accessory structures not more than three stories above grade plane in height, shall
comply with this code or the California Residential Code.
2. Residential Code. Detached one- and two-family dwellings and townhouses not more
than three stories above grade plane in height with a separate means of egress, and their
accessory structures not more than three stories above grade plane in height, shall comply
with this code or the California Residential Code.
Exception: the following shall be permitted to be constructed in accordance with the
California Residential Code where the provided with a residential fire sprinklers system
complying with California Residential Code section R313:
1. Live/work units complying with the requirements of Section 419 of the California
Building Code.
2. Owner -occupied lodging houses with five or fewer guestrooms.
3. A care facility with five or fewer persons receiving custodial care within a dwelling
unit.
4. A care facility for five or fewer persons receiving medical care within the dwelling
unit.
5. A care facility for five or fewer persons receiving care that are within the dwelling
unit.
3. Electric Code. The provisions of this code shall apply to the constructions, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structures or any appurtenances
connected or attached to such buildings or structures.
4. Gas. The provisions of the California Mechanical Code, California Code of Regulations,
Title 24, Part 4 and/or the California Plumbing Code, California Code of Regulations, Title 24,
Part 5 shall apply to the installation of gas piping from the point of delivery, gas appliances
and related accessories as covered in this code. These requirements apply to gas piping
systems extending from the point of delivery to the inlet connections of appliances and the
installation and operation of residential and commercial gas appliances and related
accessories.
5. Mechanical. The provisions of the California Mechanical Code, California Code of
Regulations, Title 24, Part 4 shall apply to the installation, alterations, repairs and
replacement of mechanical systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, including ventilating, heating, cooling, air-conditioning and
refrigeration systems, incinerators and other energy -related systems.
6. Plumbing. The provisions of the California Plumbing Code, California Code of
Regulations, Title 24, Part 5 shall apply to the installation, alteration, repair and
replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of a
medical gas system. The provisions of the International Private Sewage Disposal Code shall
apply to private sewage disposal systems.
7. Fire Prevention. The provisions of the California Fire Code, California Code of
Regulations, Title 24, Part 9 as amended by Eastvale Municipal Article III Chapter 3 shall
apply to matters affecting or relating to structures, processes and premises from the hazard
of fire and explosion arising from the storage, handling or use of structures, materials or
devices; from conditions hazardous to life, property or public welfare in the occupancy of
structures or premises; and from the construction, extension, repair, alteration or removal
of fire suppression and alarm systems or fire hazards in the structure or on the premises
from occupancy or operation.
8. Energy. The provisions of the California Energy Code, California Code of Regulations, Title
24, Part 6 shall apply to all matters governing the design and construction of buildings for
energy efficiency.
9. Historical. The provisions of the California Historical Building Code, California Code of
Regulations, Title 24, Part 8 shall apply to the preservation, restoration, rehabilitation,
relocation or reconstruction of buildings or properties designated as qualified historical
buildings or properties (Chapter 8-2 of CHBC). The intent of the CHBC is to facilitate the
preservation and continuing use of qualified historical buildings occupants and access for
persons with disabilities.
10. Existing Buildings. California Existing Building Code, California Code of Regulations,
Title 24, Part 10, as amended by this code, shall apply to the repair, alteration, change of
occupancy, addition to and relocation of existing buildings.
11. Green Building. California Green Building Standards Code, California Code of
Regulations, Title 24, Part 11, as amended by this code, shall apply to the planning, design,
operation, construction, use, and occupancy of every newly constructed building or
structure, unless otherwise indicated in this code, throughout the State of California. It is
not the intent that this code substitute or be identified as meeting the certification
requirements of any green building program.
12. Referenced Standards. California Referenced Standards Code, California Code of
Regulations, Title 24, Part 12 shall apply to recognized standards for various methods of
construction, testing of materials and installations of materials and systems.
110.02.020 Applicability.
A. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall apply. Where, in any specific case, different
sections of this code specify different materials, methods of construction or other
requirements, the most restrictive shall govern.
B. Other Laws. The provisions of this chapter shall not be deemed to nullify any provisions of
local, State or federal law.
C. Application of References. References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such chapter, section or
provision of this chapter.
D. Referenced Codes and Standards. The codes and standards referenced in the codes shall be
considered part of the requirements listed in section 110.02.010.D to the prescribed extent of
each such reference and to further regulated in sections 110.11.005.4.01 through 110.005.4.02.
1. Conflicts. Where conflicts occur between provisions listed in section 110.02.010.D and
referenced codes or standards, the provisions of the code shall apply.
2. Provisions in referenced codes and standards. Where the extent of the referenced to a
referenced code or standard includes subject matter that is within the scope listed in
section 110.02.010.D, the provisions of section 110.02.010.D, as applicable, shall take
precedence over the provisions of the referenced code or standard.
D. Partial Invalidity. If any part or provision of section 110.02.010.D is held to be illegal or
void, this shall not have the effect of making void or illegal any of the other parts or provisions.
E. Existing Structures. The legal occupancy of any structure existing on the date of adoption of
the ordinance codified in this chapter shall be permitted to continue without change, except as
is specifically covered in section 1110.02.010.D.
1. Building not previously occupied. A building of portion of a building that has not
been previously occupied or used for its intended purpose in accordance with the laws
in existence at the time of its completions shall comply with the provisions of the
California Building Code or California Residential Code, as applicable, for new
construction or with any current permit for occupancy.
2. Building previously Occupied. The legal occupancy of any building existing on the
date of adoption of this code shall be permitted to continue without change, except as
otherwise specifically provided on this code, the California Fire Code or California
Existing Building Code, or as is deemed necessary by the building official for general
safety and welfare of the occupants and the public.
3. Additions, alterations or repairs. Additions, alterations or repairs to any structure
shall conform to the requirements for a new structure without requiring the existing
structure to comply with the requirements of this code, Additions, alterations, repairs
and relocations shall not cause an existing structure to become unsafe or adversely
affect the performance of the building.
110.02.030 Division of Building and Safety.
A. Creation of Enforcement Agency. The Division of Building Safety is hereby created and the
official in charge thereof shall be known as the Building Official.
B. Appointment. The building official shall be appointed by the chief appointing authority of
the jurisdiction.
C. Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the Building Official shall have the authority to
appoint a Deputy Building Official, related technical officers, inspectors, plan examiners and
other employees. Such employees shall have powers as delegated by the Building Official. For
the maintenance of existing properties, see the California Existing Building Code.
110.02.040 Duties and Powers of Building Official.
A. General. The Building Official is hereby authorized and directed to enforce the provisions
listed in section 110.02.010.D. The Building Official shall have the authority to render
interpretations of the codes and to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall follow the
intent and purpose listed in section 110.02.010.D. Such policies and procedures shall not have
the effect of waiving requirements specifically listed in section 110.02.010.D.
B. Applications and Permits. The Building Official shall receive applications, review
construction documents and issue permits for the erection, alteration, and demolition and
moving of buildings and structures, inspect the premises for which such permits have been
issued and enforce compliance with the provisions of the codes.
1. Determination of substantially improved of substantially damaged existing buildings
and structures in flood hazard areas. For applications for reconstruction, rehabilitation,
repair, alteration, addition or other improvement of existing buildings or structures located
in flood hazard areas, the building official shall determine if the proposed work constitutes
substantial improvement or repair of substantial damage. Where the building official
determines that the proposed work constitutes substantial improvements listed in section
110.02.010.D, the building official shall require the building to meet the requirements of
California Building Code section 1612 and California Residential Code section R322.
C. Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure
compliance with the codes.
D Inspections. The Building Official shall make all of the required inspections, or the Building
Official shall have the authority to accept reports of inspection by approved agencies or
individuals. Reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The Building Official is
authorized to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the appointing authority.
E. The Building Official shall carry proper identification when inspecting structures or premises
in the performance of duties under the California Codes listed in section 110.02.010.D.
F. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the
California Codes listed in section 110.02.010.D, or where the Building Official has reasonable
cause to believe that there exists in a structure or upon a premises a condition which is
contrary to or in violation of the codes which makes the structure or premises unsafe,
dangerous or hazardous, the Building Official is authorized to enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by the codes; provided, that if
such structure or premises be occupied that credentials be presented to the occupant and
entry requested. If such structure or premises is unoccupied, the Building Official shall first
make a reasonable effort to locate the owner or other person having charge or control of the
structure or premises and request entry. If entry is refused, the Building Official shall have
recourse to the remedies provided by law to secure entry.
G Department Records. The Building Official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices and
orders issued. Such records shall be retained in the official records for the period required for
retention of public records.
H. Liability. The Building Official, member of the Board of Appeals or employee charged with
the enforcement of the codes, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by the California Codes listed in section 8101.4 or other
pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally
and is hereby relieved from personal liability for any damage accruing to persons or property as
a result of any act or by reason of an act or omission in the discharge of official duties.
1. Legal defense. Any suit or criminal complaint instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties
and under the provisions of the California Codes listed in section 110.02.010.D shall be
defended by legal representative of the City until the final termination of the proceedings.
The Building Official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of the codes.
I. Approved Materials and Equipment. Materials, equipment and devices approved by the
Building Official shall be constructed and installed in accordance with such approval.
1. Used Materials and Equipment. Materials that are used shall meet the requirements of
California Codes listed in section 110.02.010.D for new materials. Used equipment and
devices shall not be reused unless approved by the Building Official.
J. Modifications. Wherever there are practical difficulties involved in carrying out the
provisions of the California Codes listed in section 110.02.010.D, the Building Official shall have
the authority to grant modifications for individual cases, upon application of the owner or
owner's representative, provided the Building Official shall first find that special individual
reason makes the strict letter of this code impractical and the modification is in compliance
with the intent and purpose of the codes and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The details of action granting
modifications shall be recorded and entered in the files of the department of building safety.
1. Flood hazard areas. The building official shall not grant modifications to any provision
required in flood hazard areas as established by California Building Code section 1612.3 or
California Residential Code section R302.2(1) unless a determination has been made that:
i. A showing of good and sufficient cause that the unique characteristics of the size,
configuration or topography of the site render the elevation standards of California
Building Code section 1612 or California Residential Code section
R322inappropriate.
ii. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
iii. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, cause
fraud on or victimization of the public, or conflict existing laws or ordinances.
iv. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
v. Submission to the applicant of written notice specifying the difference between the
design flood elevation and elevation to which the building is to be commensurate
with the increased risk result from the reduced floor elevation, and stating that
construction below the design flood elevation increases risks to life and property.
K. Alternative Materials, Design and Methods of Construction and Equipment. The provisions
of the codes are not intended to prevent the installation of any material or to prohibit any
design or method of construction not specifically prescribed by this code; provided, that any
such alternative has been approved. An alternative material, design or method of construction
shall be approved where the Building Official finds that the proposed design is satisfactory and
complies with the intent of the provisions of the codes, and that the material, method or work
offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in
quality, strength, effectiveness, fire resistance, durability and safety.
L. Research Reports. Supporting data, where necessary to assist in the approval of materials or
assemblies not specifically provided for in the codes, shall consist of valid research reports from
approved sources.
M. Tests. Whenever there is insufficient evidence of compliance with the provisions of the
codes, or evidence that a material or method does not conform to the requirements of this
code, or in order to substantiate claims for alternative materials or methods, the Building
Official shall have the authority to require tests as evidence of compliance to be made at no
expense to the City. Test methods shall be as specified in the codes or by other recognized test
standards. In the absence of recognized and accepted test methods, the Building Official shall
approve the testing procedures. Tests shall be performed by an approved agency. Reports of
such tests shall be retained by the Building Official for the period required for retention of
public records.
110.02.050 Permits.
A. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by the codes, or to cause any such work to be done, shall first
make application to the Building Official and obtain the required permit.
B. Work Exempt from Permit. Exemptions from permit requirements of the codes shall not be
deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1. One (1) story detached accessory structures, provided that the floor area does not
exceed one hundred twenty (120) square feet (eleven (11) m2.
Fences not over seven (7') feet (two thousand and thirty four' (2134) mm) high
measured from the top fence to lowest finished grade.
3. Masonry Block Walls three (3') feet (nine hundred and fourteen (914) mm) high
measured from the top masonry block walls to the lowest finished grade.
4. Oil derricks.
4. Retaining walls that are not over four (4') feet (one thousand two hundred nineteen
(1,219) mm) in height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding Class I, 11 or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed five thousand
(5,000) gallons (eighteen thousand nine hundred twenty-five (18,925) L) and the ratio of
height to diameter or width does not exceed two (2) to one (1).
6. Sidewalks and Driveway.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy or a one (1) or two
(2) family dwelling, that are less than twenty-four (24") inches (six hundred ten (610)
mm) deep and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings, other playground equipment and tree houses accessory to detached one (1) and
two (2) family dwellings.
12. Window awnings supported by an exterior wall that do not project more than fifty-four
(54") inches (one thousand three hundred seventy-two (1,372) mm) from the exterior
wall and do not require additional support of Group R-3 occupancies, a one (1) or two
(2) family dwelling, and Group U occupancies.
13. Replacement, repair or overlay of one hundred (100) square feet or less of an existing
roof covering within any twelve (12) month period on the same building.
14. Nonfixed and movable fixtures, cases, racks, counters and partitions five feet nine
inches (5'9") or less (one thousand seven hundred fifty-three (1,753) mm) in height.
Electrical:
1. Listed cord -and -plug connected temporary decorative lighting.
2. Reinstallations of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit over current devices of the required capacity in the same
location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than
twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
6. Installation or maintenance of communications wiring, devices, appliances, apparatus or
equipment.
7. A permit shall not be required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
8. Installations of railways for generation, transformation, transmission, energy storage, or
distribution of power used exclusively for signaling and communications purpose.
9. Installations of communications equipment under the exclusive control of
communications utilities located outdoors or in building spaces used exclusively for such
installation.
10. Installation under the exclusive control of an electric utility here such installations
a. Consist of service drops or service laterals and associated metering, or
b. Are on property owned or leased by electric utility for the propose of
communications, metering, generation, transformation, transmission, energy
storage, or distribution of electric energy, or
c. Are located in legally established easements or rights -of -ways, or
d. Are located by other written agreement either designated by or recognized by public
service commissions, utility commissions, or other regulatory agencies having
jurisdiction for such installations. Theses written agreements shall be limited to
installations for the purpose of communications, metering, generation,
transformation, transmission, energy storage, or distribution of electric energy
where legally established easements or rights -of -way cannot be obtained.
Gas:
1. Portable heating, cooking or clothes drying appliances.
Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable -fuel -cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliance, portable ventilation equipment, portable cooling unit, or
portable evaporative cooler.
2. A closed system of steam, hot or chilled water piping within any heating or cooling
equipment regulated by California Mechanical Code.
3 Replacement of any component part that does not alter its original and is in accordance
with other applicable requirements of California Mechanical Code.
4. Replacement equipment that is part of the equipment for which a permit has been
issued pursuant to the requirements of the California Mechanical Code.
5. A unit refrigerating system.
Plumbing.
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that
if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and
it becomes necessary to remove and replace the same with the new material, such work
shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the
removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures.
C. Emergency Repairs. Where equipment replacements and repairs must be performed in
an emergency situation, the permit application shall be submitted within the next working
business day to the Building Official.
D. Public Service Agencies. A permit shall not be required for the installation, alteration or
repair of generation, transmission, distribution or metering or other related equipment that
is under the ownership and control of public service agencies by established right.
E. Application for Permit. To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the Department of Building Safety for that
purpose. Such application shall:
Identify and describe the work to be covered by the permit for which application is
made.
Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 110.02.010.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the Building Official.
F. Action on Application. The Building Official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If
the application or the construction documents do not conform to the requirements of
pertinent laws, the Building Official shall reject such application in writing, stating the
reasons therefor. If the Building Official is satisfied that the proposed work conforms to the
requirements of the codes, laws and ordinances applicable thereto, the Building Official
shall issue a permit therefor as soon as practicable.
G. Limitation of Application. An application for a permit for any proposed work shall be
deemed to have been abandoned one hundred and eighty (180) days after the date of filing,
unless such application has been pursed in good faith or a permit has been issued: except
the Building Official is authorized to grant one (1) extension of time for additional periods
not exceeding one hundred eighty (180) days each. The extension shall be requested in
writing and justifiable cause demonstrated. An application shall not be extended if this
chapter or any other pertinent laws or ordinances have been amended subsequent to the
date of application. In order to renew action on an application after expiration, the
applicant shall resubmit plans and pay a new plan review fee.
H. Application for demolition. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the Department of Building Safety for
that purpose. Such application shall:
Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for the structure on the site or parcel.
4. The site plan shall show construction to be demolished and the location and size of
existing structures and construction that are to remain on the site or parcel.
6. State the valuation of the proposed work.
7. Be signed by the applicant, or the applicant's authorized agent.
8. Give such other data and information as required by the Building Official.
9. The dates upon which demolition will begin, and the length of time the demolition
activity will occur.
I. Action on Application. The Building Official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If
the application or the construction documents do not conform to the requirements of
pertinent laws, the Building Official shall reject such application in writing, stating the
reasons therefor. If the Building Official is satisfied that the proposed work conforms to the
requirements of the codes, laws and ordinances applicable thereto, the Building Official
shall issue a permit therefor as soon as practicable.
J. Time Limitation of Application. An application for a permit for any proposed work shall
be deemed to have been abandoned one hundred and eighty (180) days after the date of
filing, unless such application has been pursed in good faith or a permit has been issued:
except the Building Official is authorized to grant one (1) extension of time for additional
periods not exceeding one hundred eighty (180) days each. The extension shall be
requested in writing and justifiable cause demonstrated. An application shall not be
extended if this chapter or any other pertinent laws or ordinances have been amended
subsequent to the date of application. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee.
K. Validity of Permit. The issuance or granting of a permit shall not be construed to be a
permit for, or an approval of, any violation of any of the provisions of this code or of any
other ordinance of the City. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances of the City shall not be valid. The issuance of a
permit based on construction documents and other data shall not prevent the Building
Official from requiring the correction of errors in the construction documents and other
data. The Building Official is also authorized to prevent occupancy or use of a structure
where in violation of this code or of any other ordinances of the City.
L. Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within twelve (12) months after its issuance, or if
the work authorized on the site by such permit is abandoned for a period of one hundred
eighty (180) days after the time the work is commenced. The Building Official is authorized
to grant, in writing, up to one (1) extensions of time for action by the permittee for a period
not exceeding one hundred eighty (180) days each time upon payment of appropriate fees
and a written request by the permittee showing that circumstances beyond the control of
the permittee have prevented action from being taken.
Time limitation for permit as the result of code enforcement action shall expire by limitation
and become null -and -void sixty (60) days after the date on which the permit is issued. The
Building Official is authorized to grant, in writing, up to one (1) extensions of time for action
by the permittee for a period not exceeding one hundred eighty (180) days each time upon
payment of appropriate fees and a written request by the permittee showing that
circumstances beyond the control of the permittee have prevented action from being
taken.
M. Suspension or Revocation. The Building Official is authorized to suspend or revoke a
permit issued under the provisions of the codes wherever the permit is issued in error or on
the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance
or regulation or any of the provisions listed in section 110.02.010 D 1-110.02.010 D 12.
N. Placement of Permit. The building permit or copy shall be kept on the site of the work
until the completion of the project.
110.02.060 Floor and Roof Design Loads.
A. Live Loads Posted. Where the live loads for which each floor or portion thereof of a
commercial or industrial building are or have been designed to exceed fifty (50) psf (two and
four -tenths (2.40) kN/m2), such design live loads shall be conspicuously posted by the owner
in that part of each story in which they apply, using durable signs. It shall be unlawful to
remove or deface such notices.
B. Issuance of Certificate of Occupancy. A certificate of occupancy required by section
110.02.120 shall not be issued until the floor load signs, required by section 110.02.060,
have been installed.
C. Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on
any floor or roof of a building, structure or portion thereof a load greater than is permitted
by this code.
110.02.070 Submittal Documents.
A. Submittal documents consisting of construction documents, statements of special
inspections, geotechnical report and other data shall be submitted in two (2) or more sets
with each permit application. The construction documents shall be prepared by a registered
design professional unless exempted by Section 5537 of the Business and Professions Code.
Where special conditions exist, the Building Official is authorized to require additional
construction documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review of
construction documents is not necessary to obtain compliance with this code.
B. Construction Documents. Construction documents shall be in accordance with Sections
110.02.070 B 1 through 110.02.070 B 9.
1. Information on Construction Documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents are
permitted to be submitted when approved by the Building Official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the
work proposed and show in detail that it will conform to the provisions of this code and
relevant laws, ordinances, rules and regulations, as determined by the Building Official.
2. Fire Protection System Shop Drawings. Shop drawings for the fire protection
system(s) shall be submitted to Fire Department indicate conformance to this California
Building Code, California Fire Code and the construction documents and shall be
approved prior to the start of system installation. Shop drawings shall contain all
information as required by the referenced installation standards in California Building
Code and California Fire Code.
3. Means of Egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress in
compliance with the provisions of this code. In other than occupancies in Groups R-2, R-
3, and 1-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
4. Exterior Wall Envelope. Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance with this code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control
joints, intersections at roof, eaves or parapets, means of drainage, water -resistive
membrane and details around openings. The construction documents shall include
manufacturer's installation instructions that provide supporting documentation that the
proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting
documentation shall fully describe the exterior wall system which was tested, where
applicable, as well as the test procedure used.
5. Exterior Balconies and elevated walking surfaces. Where balconies and elevated
walking surfaces are exposed to water from direct or blowing rain or irrigation, and the
structural framing is protected by an impervious moisture barrier, the contraction
documents shall include details for all elements of the impervious moisture barrier
system. The construction documents shall include the manufacturer's installation
instructions.
6. Site Plan. The construction documents submitted with the application for permit
shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. The Building Official is authorized to waive or modify the
requirement for a site plan when the application for permit is for alteration or repair or
when otherwise warranted.
7. Design flood elevations. Where design flood elevations are not specified, they shall
be established in accordance with California Building Code section 1612.3.1 or California
Residential Code R301.2(1) and R322.
8. Structural Information. The construction documents shall provide the information
specified in California Building Code Section 1603 or for buildings and structures utilizing
braced wall design, and where required by the building official, braced wall lines shall be
identified on the construction documents. Pertinent information including, but not
limited to, bracing methods, location and length of braced wall panels and foundation
requirements of braced wall panels at top bottom shall be provided.
9. Relocatable buildings. Construction documents for relocatable buildings shall
comply with California Building Code section 3112.
C. Examination of Documents. The Building Official shall examine or cause to be examined
the accompanying submittal documents and shall ascertain by such examinations whether
the construction indicated and described is in accordance with the requirements of the
codes and other pertinent laws or ordinances.
1. Approval of Construction Documents. When the Building Official issues a permit, the
construction documents shall be approved, in writing or by stamp, as "Approved or
Reviewed for Code Compliance." One (1) set of construction documents so reviewed
shall be retained by the Building Official. The other set shall be returned to the
applicant, shall be kept at the site of work and shall be open to inspection by the
Building Official or a duly authorized representative.
2. Previous Approvals. The Codes listed in Section 110.02.010.D shall not require
changes in the construction documents, construction or designated occupancy of a
structure for which a lawful permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which complies with the codes and ordinances
adopted by the jurisdiction at the time the permit was issued and has been pursued in
good faith within one hundred eighty (180) days after the effective date of this code and
has not been abandoned.
3. Phased Approval. The Building Official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted;
provided, that adequate information and detailed statements have been filed complying
with pertinent requirements of the Codes listed in Section 110.02.010.D. The holder of
such permit for the foundation or other parts of a building or structure shall proceed at
the holder's own risk with the building operation and without assurance that a permit
for the entire structure will be granted. All proposed phased projects shall be subject to
additional examination, approval and inspection fees.
4. Design Professional in Responsible Charge. When it is required that documents be
prepared by a registered design professional, the Building Official shall be authorized to
require the owner or the owner's authorized agent to engage and designate on the
building permit application a registered design professional who shall act as the
registered design professional in responsible charge. If the circumstances require, the
owner or the owner's authorized agent shall designate a substitute registered design
professional in charge who shall perform duties required of the original registered
design professional in charge. The Building Official shall be notified in writing by the
owner or the owner's authorized agent if the registered design professional in
responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including phased
and deferred submittal items, for compatibility with the design of the building.
i. Deferred Submittals. For the purposes of this section, "deferred submittals" are
defined as those portions of the design that are not submitted at the time of the
application and that are to be submitted to the Building Official within a specified
period. Deferral of any submittal items shall have the prior approval of the Building
Official.
The registered design professional in responsible charge shall list the deferred
submittals on the construction documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to the
Building Official with a notation indicating that the deferred submittal documents
have been reviewed and been found to be in general conformance to the design of
the building. The deferred submittal items shall not be installed until the deferred
submittal documents have been approved by the Building Official.
D. Amended Construction Documents. Work shall be installed in accordance with the
approved construction documents, and any changes made during construction that are not
in compliance with the approved construction documents shall be resubmitted for approval
as an amended set of construction documents. The amended construction documents shall
be submitted, reviewed and approved and fees paid before scheduling inspection of that
portion of the amended work.
E. Retention of Construction Documents. One (1) set of approved construction documents
shall be retained by the Building Official for a period of not less than one hundred eighty
(180) days from date of completion of the permitted work, or as required by State or local
laws.
110.02.080 Temporary Structures and Uses.
A. General. The Building Official is authorized to issue a permit for temporary structures
and temporary uses. Such permits shall be limited as to time of service, but shall not be
permitted for more than one hundred eighty (180) days. The Building Official is authorized
to grant extensions for demonstrated cause.
B. Conformance. Temporary structures and uses shall conform to the structural strength,
fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the
codes as necessary to ensure public health, safety and general welfare, and shall comply
with the requirements of California Building Code Section 3103.
C. Temporary Power. The Building Official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been
fully completed and the final certificate of completion has been issued. The Building Official
is authorized to terminate such use of temporary power when found to be noncompliant
with codes, ordinances and regulations of the jurisdiction or is found to be unsafe. The
Building Official shall issue a notice of noncompliance to the utility provider and when
possible to the owner or owner's authorized representative and the building occupant,
when termination of temporary power is necessary. The part covered by the temporary
certificate shall comply with the requirements specified for temporary lighting, heat or
power in California Electric Code.
D. Termination of Approval. The Building Official is authorized to terminate such permit
for a temporary structure or use and to order the temporary structure or use to be
discontinued.
110.02.090 Fees.
A. Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the
City of Eastvale Schedule of Fees have been paid, nor shall an amendment to a permit be
released until the additional fee, if any, has been paid.
B. Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required, in
accordance with the Schedule of Fees established by resolution of the City Council.
C. Building Permit Valuation. The applicant for a permit shall provide an estimated
permit value at time of application. Permit valuations shall include total value of work,
including materials and labor, for which the permit is being issued, such as electrical, gas,
mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building
Official, the valuation is underestimated on the application, the permit shall be denied,
unless the applicant can show detailed estimates to meet the approval of the Building
Official. Final building permit valuation shall be set by the Building Official.
D. Work Commencing Before Permit Issuance. Any person who commences any work on
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to an investigation fee to be made before any permit
may be issued for such work. An investigation fee in addition to the permit fee shall be
collected whether or not a permit is then or subsequently issued for the illegal work. The
investigation fee shall be equal to the amount of a permit fee required by this chapter for
the commenced or completed work as set forth in the City adopted fee schedule. The
payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this title, nor from any penalty prescribed by law.
E. Related Fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of
other fees that are prescribed by law.
110.02.100 Refunds.
A. The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected.
B. The Building Official may authorize the refunding of not more than eighty (80%)
percent of the permit fee paid when no work has been done under a permit issued in
accordance with this title. The Building Official may authorize the refunding of not more
than eighty (80%) percent of the plan review fee paid when an application is withdrawn or
canceled before any plan reviewing has been started.
C. The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than one hundred eighty (180)
days after the date of fee payment.
110.02.110 Inspections.
A. General. Construction or work for which a permit is required shall be subject to
inspection by the Building Official and such construction or work shall visible and remain
accessed for inspection purposes until approved. Approval as a result of an inspection shall
not be construed to be an approval of a violation of the provisions of the Codes listed in
Section 110.02.010.D or of other ordinances of the jurisdiction. Inspections presuming to
give authority to violate or cancel the provisions of this code or of other ordinances of the
jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized
agent to cause the work to remain visible and able to be accessed for inspection purposes.
Neither the Building Official nor the City shall be liable for expense entailed in the removal
or replacement of any material required to allow inspection.
B. Preliminary Inspection. Before issuing a permit, the Building Official is authorized to
examine or cause to be examined buildings, structures and sites for which an application
has been filed.
C. Required Inspections. The Building Official, upon notification, shall make the
inspections set forth herein.
1. Footing and Foundation Inspection. Footing and foundation inspections shall be
made after excavations for footings are complete and any required reinforcing
steel is in place. For concrete foundations, any required forms shall be in place
prior to inspection. Materials for the foundation shall be on the job, except
where concrete is ready mixed in accordance with ASTM C 94, the concrete need
not be on the job.
2. Concrete Slab and Under -Floor Inspection. Concrete slab and under -floor
inspections shall be made after in -slab or under -floor reinforcing steel and
building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor
sheathing installed, including the subfloor.
3. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the
elevation certification required in California Building Code Section 1612.5 or
California Residential Code Section R322 shall be submitted to the Building
Official.
4. Frame Inspection. Framing inspections shall be made after the roof deck or
sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys
and vents to be concealed are complete and the rough electrical, plumbing,
heating wires, pipes and ducts are approved.
5. Plumbing, mechanical, gas and electrical systems inspections. Rough
inspections of Plumbing, mechanical, gas and electrical systems shall be made
prior to covering or concealment, before fixtures or appliances are set to be
installed, and prior to inspection.
6. Lath, Gypsum Board and Gypsum Panel Product Inspection. Lath, gypsum board
and gypsum panel product inspections shall be made after lathing, gypsum
board and gypsum panel products, interior and exterior, are in place, but before
any plastering is applied or gypsum board and gypsum panel product joints and
fasteners are taped and finished.
7. Weather -exposed balcony and walking surface waterproofing. Where balconies
or other elevated walking surfaces are exposed to water from direct or blowing
rain or irrigation, and structural framing is protected by an impervious moisture
barrier, all elements of the impervious moisture barrier system shall not be
concealed until inspected and approved.
S. Fire- and Smoke -Resistant Penetrations. Protection of joints and penetrations in
fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not
be concealed from view until inspected and approved.
9. Energy Efficiency Inspections. Inspections shall be made to determine
compliance with California Energy Code and shall include, but not be limited to,
inspections for: envelope insulation R- and U-values, fenestration U-value, duct
system R-value, and HVAC and water -heating equipment efficiency.
10. Other Inspections. In addition to the inspections specified above, the Building
Official is authorized to make or require other inspections of any construction
work to ascertain compliance with the provisions of the Codes listed in Section
101.02.010.D and other laws that are enforced by the Department of Building
Safety.
11. Special Inspections. For special inspections, see California Building Code Chapter
17.
12. Final Inspection. The final inspection shall be made after all work required by the
building permit is completed.
i. Flood hazard documentation. If located in a flood hazard area,
documentation of the elevation of the lowest floor as required in
California Building Code section 1612.4 or California Residential Code
Section R322 shall be submitted to the building official prior to final
inspection.
D. Reinspection. A reinspection fee prescribed as below may be assessed for each
inspection or reinspection when such portion of work for which inspection is called is not
complete or when corrections called for are not made.
E. This section is not to be interpreted as requiring reinspection fees the
first time a job is rejected for failure to comply with the requirements of this title
but as controlling the practice of calling for inspections before the job is ready
for such inspection or reinspection.
2. F. Reinspection fees may be assessed when the inspection record card is
not otherwise available on the work site; the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of the
Building Official.
3. G. To obtain a reinspection, the applicant shall pay the reinspection fee in
accordance with the City of Eastvale Schedule of Fees.
4. H. In instances where reinspection fees have been assessed, additional
inspection of the work will not be performed until the required fees have been
paid.
I. Inspection Agencies. The Building Official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to qualifications
and reliability.
J. Inspection Requests. It shall be the duty of the holder of the building permit or their
duly authorized agent to notify the Building Official at least one (1) working day before such
inspection is desired and work is ready for inspection. It shall be the duty of the permit
holder or their duly authorized agent to provide access to and means for inspections of such
work that are required by this code. The Building Official may require that every request for
inspection be filed in writing, by telephone or by building division web site at the option of
the Building Official.
K. Approval Required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the Building Official. The
Building Official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the
permit holder or his or her agent wherein the same fails to comply with this code. Any
portions that do not comply shall be corrected and such portion shall not be covered or
concealed until authorized by the Building Official.
110.02.120 Certificate of Occupancy.
A. Use and Occupancy. No building or structure shall be used or occupied, and no change
in the existing use or occupancy classification of a building or structure or portion thereof
shall be made, until the Building Official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction.
Exception:
Certificates of occupancy are not required for work exempt from permits under Section
110.02.050 B.
2. Accessory buildings and structures classified as U occupancy.
3. All R-3 occupancies.
B. Certificate Issued. After the Building Official inspects the building or structure and finds
no violations of the provisions of this code or other laws that are enforced by the
Department of Building Safety, the Building Official shall issue a certificate of occupancy
that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of California Building
Code Chapter 3.
9. The type of construction as defined in California Building Code Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any special stipulations and conditions of the building permit.
C. Temporary Occupancy. The Building Official is authorized to issue a temporary
certificate of occupancy before the completion of the entire work covered by the permit;
provided, that such portion or portions shall be occupied safely. The Building Official shall
set a time period during which the temporary certificate of occupancy is valid. A fee for
processing and tracking the temporary certificate of occupancy shall be paid by the building
owner or the owner's authorized agent before the temporary certificate of occupancy is
issued.
D. Revocation. The Building Official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of this code wherever
the certificate is issued in error, or on the basis of incorrect information supplied, or where
it is determined that the building or structure or portion thereof is in violation of any
ordinance or regulation or any of the provisions of the codes.
110.02.130 Service Utilities.
A. Connection of Service Utilities. No person shall make connections from a utility, source
of energy, fuel or power to any building or system that is regulated by this code for which a
permit is required, until released by the Building Official.
B. Temporary Connection. The Building Official shall have the authority to authorize the
temporary connection of the building or system to the utility source of energy, fuel or
power.
C. Authority to Disconnect Service Utilities. The Building Official shall have the authority to
authorize disconnection of utility service to the building, structure or system regulated by
this code and the referenced codes and standards set forth in Section 110.02.010.D in case
of emergency, where necessary to eliminate an immediate hazard to life or property or
when such utility connection has been made without the approval required by Section
110.02.130. The Building Official shall notify the serving utility, and wherever possible the
owner and occupant of the building, structure or service system, of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service system shall be notified in writing, as soon as
practical thereafter.
110.02.140 Violations.
A. Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish or occupy any building, structure
or equipment regulated by Codes listed in Section 110.02.010.D, or cause same to be done,
in conflict with or in violation of any of the provisions of this title.
B. Notice of Violation. The Building Official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
moving, removal, demolition or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the provisions
of the codes. Such order shall direct the discontinuance of the illegal action or condition and
the abatement of the violation.
C. Prosecution of Violation. If the notice of violation is not complied with promptly, the
Building Official is authorized to request the City Attorney to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to require the
removal or termination of the unlawful occupancy of the building or structure in violation of
the provisions of this code or of the order or direction made pursuant thereto.
D. Violation —Penalties. Any person who violates any provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of the
Building Official, or of a permit or certificate issued under the provisions of this code, shall
be subject to penalties as prescribed by law. The payment of citations or penalties shall not
be exempt from compliance with this title.
No person shall own, use, occupy, or maintain an unpermitted structure or system. For
purposes of this Chapter, "unpermitted structure or system" shall be defined as any building
or structure, electrical system, plumbing system, or mechanical system or portion thereof,
that was erected, constructed, enlarged, altered, repaired, moved, improved, removed,
connected, converted, demolished, or equipped, at any point in time by any person, without
the required permit(s) having first been obtained from the Building Official or with a valid
permit as issued by the Building Official which subsequently expired and became null -and -
void.
110.02.150 Stop Work Order.
A. Authority. Whenever the Building Official finds any work regulated by provisions of this
title being performed in a manner either contrary to the provisions of this title or dangerous
or unsafe, the Building Official is authorized to issue a stop work order.
B. Issuance. The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner's authorized agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, and the conditions under which the cited work
will be permitted to resume.
C. Unlawful Continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
110.02.160 Unsafe Structures and Equipment.
A. Conditions. Structures or existing equipment that are or hereafter become unsafe,
insanitary or deficient because of inadequate means of egress, facilities, inadequate light
and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life
or the public welfare, or that involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down
and removed or made safe, as the Building Official deems necessary and as provided for in
this section. A vacant structure that is not secured against entry shall be deemed unsafe.
B. Record. The Building Official shall cause a report to be filed on an unsafe condition. The
report shall state the occupancy of the structure and the nature of the unsafe condition.
C. Notice. If an unsafe condition is found, the Building Official shall serve on the owner,
agent or person in control of the structure a written notice that describes the condition
deemed unsafe and specifies the required repairs or improvements to be made to abate the
unsafe condition, or that requires the unsafe structure to be demolished within a stipulated
time. Such notice shall require the person thus notified to declare immediately to the
Building Official acceptance or rejection of the terms of the order.
D. Method of Service. Such notice shall be deemed properly served if a copy thereof is (1)
delivered to the owner personally; (2) sent by certified or registered mail addressed to the
owner at the last known address with the return receipt requested; or (3) delivered in any
other manner as prescribed by law. If the certified or registered letter is returned showing
that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or
about the structure affected by such notice. Service of such notice in the foregoing manner
upon the owner's agent or upon the person responsible for the structure shall constitute
service of notice upon the owner.
E. Restoration. The structure or equipment determined to be unsafe by the Building Official
is permitted to be restored to a safe condition. To the extent that repairs, alterations or
additions are made or a change of occupancy occurs during the restoration of the structure,
such repairs, alterations, additions or change of occupancy shall comply with the
requirements of the California Existing Building Code."
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly. The City Council hereby
directs City staff to file a Notice of Exemption with the Clerk of Riverside County within five (5)
days of the adoption of this Ordinance.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. That when this Ordinance takes effect, it shall not change any of the
provisions of the previous codes and Ordinances or affect any offense, acts done or required to
be done, penalties, forfeitures or punishments incurred, rights or liabilities accrued or claims
arising out of the provisions of the previous Ordinances and amendments. Any pending actions
shall not be affected by the enactment of this Ordinance. Any previous discontinuance,
abatement, or liabilities of any person shall not be affected by the enactment of this Ordinance.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ORDAINED this 11 day of January 2023.
APPROVED AS TO FORM:
q, , UU
Erica Vega
City Attorney
aA
Todd Rigby
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 23-12, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 14 of December, 2022, and was passed by the
City Council of the City of Eastvale at a regular meeting held on the 11 of January, 2023, by the
following vote:
AYES: Councilmembers Lorimore, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT: Councilmember McMinn
ABSTAIN:
Marc A. Donohue, IVIMC
City Clerk/Communications Director