The following primary codes are adopted by reference:

   (A)   The 2019 National Electrical Code of the National Fire Protection Association;

   (B)   The 2019 Uniform Building Code of the International Conference of Building Officials, with current volumes and appendices, excepting that the Uniform Building Code's regulations as to building permits for fences less than six feet in height shall not be controlling;

   (C)   The 2019 Uniform Fire Code, Volumes 1 and 2, including Appendix Chapters 1-C, II-A, II-B, II-F, III-A, III-B, IV-B, VI-C, VI-D and VI-E;

   (D)   The 2019 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, including the IAPMO Installation Standards;

   (E)   The 2019 Uniform Mechanical Code of International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, including Appendix Chapters A through D;

   (F)   The 2019 Uniform Administrative Code;

   (G)   The 1994 Uniform Housing Code of the International Conference of Building Officials, except its definition of "substandard building";

   (H)   The 1997 Uniform Code for the Abatement of Dangerous Buildings;

   (I)   The 2019 Dwelling construction under the Uniform Building Code;

   (J)   The 1997 Uniform Sign Code, providing that if any provision thereof conflicts with City Municipal Code, the City Municipal Code shall be controlling;

   (K)   The 1997 Uniform Zoning Code providing that if any provision thereof conflicts with City Municipal Code, the City Municipal Code shall be controlling; and

   (L)   The City Council finds that local climatic and topographic conditions in the city require protection of public health, safety and welfare in addition to that provided by the Uniform Building Code adopted in division (B) of this section. Therefore, Chapter 151 of this code, and not the applicable sections of the Uniform Building Code, will govern the construction of fences with the city.

(1994 Code, § 15.04.010)  (Ord. 92-101, passed - -1992; Ord. 96-100, passed 2-27-1996; Ord. 2019-03, passed 12-10-2019)

   (A)   (1)   Within the city there are native soils which expand when wet and thereby destabilize any structure built upon these soils.

      (2)   The existence of the expansive soils is local geologic condition which requires the protection of the public health, safety and welfare in addition to those protections provided by the Uniform Building Code.

   (B)   Therefore, notwithstanding any inconsistent provision of the Uniform Building Code as it may from time to time be amended, no person shall build or commence the construction of any structure requiring a slab or continuous perimeter foundation until the person has either:

      (1)   Removed the native soil and installed a properly compacted non-expansive soil to a depth of at least three feet below the lowest extension of the foundation or slab. Soil removal and replacement hall extend at least five feet beyond the perimeter foundation line; or

      (2)   Provided to the City Building Official the written report of a qualified soils engineer stating that the native soils at the site of the proposed construction are non-expansive and are properly compacted and suitable for construction of the proposed structure according to the approved plans for the structure.

(Ord. 99-100, passed 4-13-1999)

   For the purpose of this chapter, the entire city is declared to be Fire Zone 3.

(1994 Code, § 15.04.020)  (Ord. 72-101, passed - -1972)

   Irrespective of anything to the contrary in the codes so adopted, the regulations hereafter following shall apply, and anything in the codes in conflict or inconsistent therewith shall not be part of this enactment and are deleted therefrom.

   (A)   (1)   In regard to new construction the fees as set forth in the 1994 Uniform Administrative Code, Chapter 3, shall be charged in the issuance of a combined building, plumbing and electrical permit for any residential or commercial building, which fees shall be the only charge made therefor and the inspections thereunder. There shall be an additional time charge of $5 per hour for blue print review not to exceed a total of $50.

      (2)   In regard to the new construction of assessory buildings or the remodeling of and/or additions to existing buildings the fees as set forth in the 1994 Uniform Administrative Code, Chapter 3, shall be charged in the issuance of a combined building, plumbing and electrical permit for residential or commercial buildings, which fees shall be the only charge made therefor and the inspections thereunder. There shall be an additional time charge of $5 per hour for Blue Print review not to exceed a total of $50.

   (B)   Foundations shall be required with footing not less than eight inches thick and not less than 14 inches wide.

   (C)   All foundations shall be reinforced with two rows of steel not less than three-eighths of an inch in diameter.

   (D)   All buildings shall have sublfoors not less than three-fourths of an inch thick.

   (E)   Concrete walks, driveways and flooring shall be reinforced with not less than six by six by ten wire mesh.

   (F)   Thirty-pound felt shall be required on roofs as an underlay to asphalt type shingles.

   (G)   All sewer lines leading to a main line shall be four inches in diameter.

(1994 Code, § 15.04.030)  (Ord. 72-101, passed - -1972; Ord. 73-105, passed - -1973; Ord. 78-106, passed - -1978; Ord. 96-100, passed 2-27-1996)

   In order that the provisions of this subchapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter hereof, or in cases where the property owner or builder deems himself or herself aggrieved, appeal may be made to the City Council, and the Council shall have the power to vary, by resolution, the mandatory provisions hereof, or to modify or reverse the decision of the Building Official or his or her authorized agent in any specific case in the manner that substantial justice is done and the spirit and purpose of this subchapter is upheld. The appeal shall be made in writing to the Council by filing with the City Clerk a written notice of the appeal setting forth specific grounds or basis thereof. The notice must be filed within 30 days after the action appealed from has been taken by the Building Official. The City Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given to the property owner or builder by mail not less than five days prior to the hearing. At the hearing, the property owner or builder shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The City Council may continue the hearing from time to time and its finding on appeal shall be final and conclusive in the matter.

(1994 Code, § 15.04.040)  (Ord. 72-101, passed - -1972)

   The Building Official, or his or her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Notwithstanding any other provision of the code to the contrary except in emergency situations the Building Official or his or her authorized representative shall not enter any building or premises without the consent of the owner or occupant thereof, unless he or she possesses an investigation warrant authorizing entry and investigation of the premises. No person shall hinder or prevent the Building Official or his or her authorized representative, while in the performance of the duties herein described, from entering upon and into any and all premises under his or her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this subchapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein.

(1994 Code, § 15.04.050)  (Ord. 72-101, passed - -1972)

   (A)   Notwithstanding any other provision of this code, standard automatic fire suppression sprinkler systems shall be installed and maintained in accordance with the latest adopted edition of the Uniform Fire Code and its appendices as promulgated by the International Conference of Fire Officials in all new and remodeled commercial arid industrial (that is, nonresidential) occupancies exceeding 5,000 square feet of gross floor area. When the above areas have eaves or overhangs exceeding a distance of three feet from the wall or support, gross roof area shall be used to determine the need for automatic fire sprinklers. The determination of total square footage includes, but is not a public nuisance limited to, covered walkways, patios, porches or any architectural feature attached to or within ten feet of the structure.

   (B)   In existing buildings where an automatic sprinkler system does not exist, and a change in the character of occupancy or uses is made which would require remodeling pursuant to a building permit, or where the gross floor area is increased, and the gross floor area exceeds the above 5,000 square feet before or after the alteration or addition, an approved automatic sprinkler system shall be installed throughout the structure. This section shall be subject to the provisions set forth in § 3804 of the Uniform Building Code.

(1994 Code, § 15.04.060)  (Ord. 92-100, passed - -1992)

   It is unlawful for any person to construct any building or structure of any kind on the north side of Manning Avenue in the city within 50 feet of the center line of Manning Avenue.

(1994 Code, § 15.04.070)  (Ord. 72-101, passed - -1972)  Penalty, see § 150.999

   (A)   It is unlawful for any person, firm or corporation to violate any of the provisions of this subchapter, or the provisions of any permit issued hereunder, and each person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which a violation is committed, continued or permitted.

   (B)   Any work performed or structure maintained or constructed contrary to the provisions of this subchapter or the provisions of any permit issued hereunder shall constitute a public nuisance.

(1994 Code, § 15.04.080)  (Ord. 72-101, passed - -1972)  Penalty, see § 150.999

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   TEMPORARY OCCUPANCY PERMIT.  A permit issued to occupy any building or structure prior to the final inspection and approval required by the building, electrical, mechanical and plumbing codes, the zoning requirements and the public works requirements of the city or by state laws and regulations.

   TEMPORARY UTILITIES PERMIT.  A permit issued for the connection of electrical and gas facilities prior to the final inspection and approval required by the building, electrical, mechanical, plumbing and fire codes, the zoning requirements and the public works requirements of the city or by state laws and regulations.

(1994 Code, § 15.08.010)  (Ord. 79-101, passed - -1979)

   No person shall connect any unit to a utility without receiving approval from the Building Official.

(1994 Code, § 15.08.020)  (Ord. 79-101, passed - -1979)  Penalty, see § 150.999

   (A)   The occupancy of a building or portion of a building may be permitted before the certificate of occupancy is issued provided a temporary occupancy permit is obtained from the Building Official. The permittee shall agree to complete the work within the agreed time after the date of the permit. The Building Official may extend the completion date for an additional period upon the written request of the permittee showing good cause. If the work is not complied with within the time specified, the temporary occupancy permit shall become void. The permit shall be issued only in cases where the owner can demonstrate a need to move into a building before the building is complete.

   (B)   A deposit shall be required for each temporary occupancy permit. The deposit shall be equal to an estimate by the Building Official of the labor and materials remaining to complete the construction. The deposits shall be refundable at the time the construction is completed and the certificate of occupancy is issued for the building. If the permit becomes void or is violated, the deposit shall be forfeited.

(1994 Code, § 15.08.030)  (Ord. 79-101, passed - -1979)

   (A)   The Building Official, in his or her discretion, may issue a temporary utilities permit. There shall be no occupancy of a building under a temporary utilities permit.

   (B)   A deposit of $100 per unit shall be required for each temporary utilities permit issued. The deposits shall be refundable at the time the construction is completed and the certificate of occupancy is issued. If the building is occupied before the certificate of occupancy is issued, the permit shall be void and the deposit forfeited.

(1994 Code, § 15.08.040)  (Ord. 79-101, passed - -1979)  Penalty, see § 150.999

   The deposits required by this subchapter shall be in cash or a time certificate of deposit shall be deposited with the Director of Finance. The time certificate of deposit shall be made payable to the city as the sole payee and be in a form acceptable to the Director of Finance.

(1994 Code, § 15.08.050)  (Ord. 79-101, passed - -1979)

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   MOBILE HOME DWELLING.  A structure, transportable in one or more sections, which when erected on a site measures 20 body feet or more in width and 40 body feet or more in length and designed to be used as a one-family dwelling, with or without a permanent foundation, when connected to the required utilities.

(1994 Code, § 15.12.010)  (Ord. 82-101, passed - -1982)

   The provisions of this subchapter shall apply to all single-family dwellings and mobile homes on permanent foundations listed as permitted uses within the R-1 Zone.

(1994 Code, § 15.12.020)  (Ord. 82-101, passed - -1982)

   (A)   A mobile home certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. §§ 5401 et seq.) placed on a permanent foundation system pursuant to Cal. Health and Safety Code § 18551 may be located in the single-family zoning area in the city limits.

   (B)   Except as specified in division (A) of this section, it is unlawful for any person to use or situate a house trailer and/or mobile home within the city limits on either a temporary or permanent basis, except in an approved trailer or mobile home park without written approval of the City Council.

(1994 Code, § 15.12.030)  (Ord. 80-102, passed - -1980; Ord. 82-101, passed - -1982)  Penalty, see § 150.999

   All one-family homes and mobile homes on a permanent foundation shall meet the following developmental/architectural standards.

   (A)   Garages or carports. A garage or carport shall be provided for every dwelling located on a lot in an R-1 zoning district which is not a part of a mobile home subdivision.

   (B)   Minimum floor area. The minimum floor area for every dwelling located on a lot in an R-1 zoning district, which is not a part of a mobile home subdivision, shall be 800 square feet, excluding the area of garage or carport.

   (C)   Roof overhang. All main buildings shall have a pitched roof with a minimum 12-inch roof overhang on each of the dwelling perimeter walls so that the overhang is architecturally integrated into the design of the dwelling.

   (D)   Roofing materials. All main buildings, and all detached garages or carports located on the front half of a lot, shall have a roof surface of wood shakes, asphalt, composition or wood shingles, clay, concrete or metal tiles, slate or of built-up gravel materials.

   (E)   Siding materials. All main buildings, and all detached garages located on the front half of a lot, shall have exterior siding material consisting of either wood masonry, concrete, stucco, masonite or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

   (F)   Foundations. All main buildings shall be placed on a permanent foundation which meets applicable Building Code requirements and/or Cal. Health and Safety Code § 18551, in that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units.

   (G)   Minimum width. The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be 20 feet.

   (H)   Surrender of registration. Subsequent to applying for a building permit, and prior to occupancy of a mobile home on a permanent foundation, the owner shall request a certification of occupancy be issued by the Building Official pursuant to Cal. Health and Safety Code § 18555. Thereafter, any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the issuing state agency. Any mobile home on a permanent foundation must bear a state insignia or federal label pursuant to Cal.  Health and Safety Code § 18550(b).

   (I)   Deed restrictions. Those considering the placing of a mobile home on a permanent foundation on a residential lot should determine whether there are any deed restrictions prohibiting the placement. Some subdivisions have recorded covenants, conditions and restrictions which prohibit the placement. While the enforcement of the restrictions is a civil matter not involving the city, the city recommends that questions involving the restrictions be resolved prior to obtaining a permit for placement under this section.

   (J)   Wheels and axles. All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.

   (K)   Deviations. The Building Inspector may approve deviations from one or more of the development architectural standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Building Inspector may be appealed to the  Planning Commission and City Council in accordance with the appeal procedure.

(1994 Code, § 15.12.040)  (Ord. 82-101, passed - -1982)

   Only mobile home dwellings located on permanent foundations may be included within a planned unit development for a mobile home subdivision.

(1994 Code, § 15.12.050)  (Ord. 82-101, passed - -1982)

   Any house trailer or mobile home used or maintained in violation of the provisions of this subchapter shall constitute a public nuisance.

(1994 Code, § 15.12.060)  (Ord. 80-102, passed - -1980; Ord. 82-101, passed - -1982)

   (A)   The provisions of this subchapter shall apply to all structures in this city containing one or more rental dwelling units and to all dwelling units which are either rented for human habitation, or permitted by the owner thereof to be occupied for human habitation by a person or persons other than the owner or owners thereof. Every building or structure, or part thereof, rented for use in whole or part as a home or residence of a single family or person, and every building or part thereof rented for use as a home or residence of two or more persons or families living in separate apartments, shall conform to the requirements of this subchapter, regardless of the class to which the building may otherwise belong, and regardless of when the building may have been constructed, altered or repaired.

   (B)   This subchapter establishes minimum standards for the human habitation or occupancy of rental premises in the city, and does not replace or modify the standards otherwise established for the construction, replacement or repair of buildings contained in the building ordinances of the city, except those in conflict with the provisions of this subchapter.

(1994 Code, § 15.16.010)  (Ord. 93-109, passed - -1993)

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   DWELLING UNIT.  Any room or suite of rooms with facilities for regular cooking, and occupied by a person or a family.

   FAMILY.  A group of persons, not necessarily related by blood or marriage, living together as a single housekeeping unit.

   HABITABLE BUILDING.  Any structure or part thereof that shall be used as a home or place of abode by one or more persons.

   HABITABLE ROOM.  Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations, but shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, room for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.

   OWNER.  Any person, firm or corporation who alone, or jointly or severally with others, shall own or have charge, care or control of, any dwelling unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate, or person of, the title holder; and all the other persons shall be bound to comply with the provisions of this subchapter to the same extent as the owner.

   PROVIDED.  Furnished, paid for or under the control of the owners.

   PUBLIC HALL.  A hall, corridor or passageway not within the exclusive control of one family.

   RENTED PREMISES.  All premises which are actually rented under verbal or written lease to one or more tenants, and also to the use of premises by one or more persons other than the owner or owners thereof, who may be permitted by the owner to occupy the premises rent free or without consideration being paid to the owner or owners for the use.

(1994 Code, § 15.16.020)  (Ord. 93-109, passed - -1993)

   All rented premises occupied for human habitation shall conform to the following minimum standards.

   (A)   Area of floor space.

      (1)   A minimum of 150 square feet of floor space per adult shall be provided in each dwelling unit.

      (2)   A minimum of 50 square feet of floor space per child six years of age or older shall be provided in each dwelling unit.

      (3)   A minimum of 300 square feet of floor space shall be provided for each single-family dwelling unit.

      (4)   A minimum of 600 square feet of floor space shall be provided for each two-family dwelling unit.

      (5)   A minimum of 200 square feet of floor space per family shall be provided in multi-family dwelling units housing three or more families.

      (6)   In computing area only that area having a ceiling height of seven or more feet shall enter into the computation.

   (B)   Sanitary conditions and facilities.

      (1)   At least one flush-type toilet shall be provided for each single- and two-family dwelling unit.

      (2)   At least one flush-type toilet shall be provided for each eight adult persons in rooming houses and in multi-family dwelling structures housing three or more families.

      (3)   The necessary number of flush-type toilets may be provided in a separate building outside of, or separate from, the building containing the dwelling units if separate building is constructed and maintained in conformity with the health, plumbing and building ordinances of the city and if the building is provided with windows, ventilating shaft or mechanical ventilating equipment sufficient to ensure adequate ventilation thereof.

      (4)   Running water shall be provided for each dwelling unit and for each flush-type toilet.

      (5)   An outlet for sanitary sewage shall be provided for each dwelling unit in conformance with existing ordinances of the city.

   (C)   Windows and ventilation.

      (1)   Window or windows with a total glass area equal to at least 10% of the floor area of a habitable room shall be provided. The window or windows shall open onto a street, yard, alley, court or easement, or to the sky, and shall be so constructed so that at least one-half of the glass area may be fully opened and so that the sash or sashes can be opened or securely closed.

      (2)   Rooms or dwelling units not conforming to the standards set forth in division (B) above in this subchapter may in the alternative be provided with artificial ventilation facilities sufficient to insure adequate ventilation thereof. The artificial ventilation facilities must be approved by the Building Inspector.

      (3)   Inside bathrooms, not provided with windows, shall be provided with a ventilating shaft, or sufficient mechanical ventilating equipment to ensure adequate ventilation therein. Installations of ventilating equipment must be approved by the Building Inspector.

   (D)   Electrical facilities.  Each dwelling unit to have electrical facilities consisting of one 20-ampere circuit for convenience outlets in kitchen and dining areas and at least one additional circuit for lighting. The electrical facilities shall be installed or made to conform with the standard provided in the electrical ordinance of the city.

   (E)   Heating. A vent or flue shall be provided so that all heating units using combustible materials may be vented in conformity with the standards provided in the fire and building ordinances of the city.

   (F)   Exits.

      (1)   At least one exterior door shall be provided for each single-family dwelling unit.

      (2)   Two exterior doors shall be provided for each two-family dwelling unit with floor space exceeding 500 square feet, for each two-family dwelling unit, and for each multi-family dwelling unit of one story housing three or more families.

      (3)   In addition to the requirements provided for herein, a direct exit shall be provided for each floor of each multi-family dwelling unit of three or more stories.

      (4)   The exterior doors or exits required in this subchapter may be provided in or from a public hall, but, in that event, each dwelling unit shall be provided with one exit door to the public hall or directly to the outside for every 500 square feet of floor space in the dwelling unit.

(1994 Code, § 15.16.030)  (Ord. 93-109, passed - -1993)

   Any habitable building which shall fail to conform to the standards set forth in this subchapter shall be deemed a nuisance and detrimental to the health, safety and welfare of the inhabitants of the city.

(1994 Code, § 15.16.040)  (Ord. 93-109, passed - -1993)

   Whenever a dwelling unit is vacated, it is the duty of the owner to determine that the dwelling unit is in a clean, sanitary and habitable condition, free from infestation, before renting the dwelling unit to another occupant. Where necessary, the owner shall renovate or paint walls and ceilings, and exterminate vermin in the vacated dwelling units before offering them for rent.

(1994 Code, § 15.16.050)  (Ord. 93-109, passed - -1993)

   Any officer or employee of the city charged with the duty of inspecting buildings, fire hazards, health conditions or plumbing and electrical installations may inspect and examine and shall be authorized to enter the public or common areas of any building. structure or premises at any reasonable hour to determine whether the building, structure or premises conforms to the provisions of this subchapter.

(1994 Code, § 15.16.060)  (Ord. 93-109, passed - -1993)

   (A)   The purpose of this subchapter is to establish a site plan review procedure which will ensure that the development of property within the city conforms to the building and land use requirements established by the city and provide a means whereby the City Building and Planning Departments will have the information necessary to properly execute the building and land use enactments administered by the Departments. This subchapter is not intended to establish new or different standards from those presently enacted in the existing building and land use laws of the city, but is intended to be an aid of the administration and enforcement of the laws.

   (B)   Before any parcel is created, or any structure is erected, or any use is established in any R-M, C-G, C-H, M-1 or M-2 zone within the city, the owner of the property which is the subject matter thereof shall file a site plan with the city and obtain approval of the same in the manner specified herein. The procedures established by this subchapter shall be administered by the City Planning Department.

(1994 Code, § 15.28.010)  (Ord. 80-101, passed - -1980)

   Six prints of a site plan prepared to scale and containing the following information shall be filed by the property owner with the Planning Department:

   (A)   Lot dimensions including all contiguous property under the same ownership;

   (B)   All existing proposed buildings and structures and their locations with full dimensions;

   (C)   Yards and space between all existing and proposed buildings;

   (D)   Walls and fences including height and material;

   (E)   Sidewalks;

   (F)   Off-street parking and points of ingress and egress;

   (G)   Sign locations including size and height;

   (H)   Location of landscaping; and

   (I)   The additional information as may be required by the Planning Director to enable the City Building and Planning Departments to determine that the proposed project is lawful and feasible.

(1994 Code, § 15.28.020)  (Ord. 80-101, passed - -1980)

   Within three days of the filing of the site plan, the Planning Director shall cause copies of the same to be transmitted to the City Building Inspector and the City Engineer. Within seven days of receiving the same, the City Building Inspector and the City Engineer shall respectively provide the Planning Director with a written report covering their review of the site plan. A failure to furnish the Planning Director with the report shall constitute approval of the site plan. Within 30 days of the filing of the site plan, the Planning Director shall complete his or her review thereof and make a written report approving, conditionally approving or disapproving the same on the basis of the existing building and land use requirements of the city. The report shall set out the reasons for the action taken by the Planning  Director. One copy of the site plan and report shall be forthwith mailed to the property owner. Additional copies of the site plan and report shall be filed with the City Building Inspector and City Engineer. In acting on the site plan, the Planning Director may, in his or her discretion, seek the guidance and advice of the Planning Commission at any lawful meeting of the body.

(1994 Code, § 15.28.030)  (Ord. 80-101, passed - -1980)

   A property owner who deems himself or herself aggrieved of the action of the Planning Director with respect to the conditional approval or disapproval of a site plan may appeal to the City Council by filing a written appeal with the City Clerk within ten days of the mailing of the site plan and report to the property owner. On receiving the appeal, the City Clerk shall set the matter for hearing at a regular meeting of the City Council held within 15 days of the filing of the appeal. The City Clerk shall mail to the property owner a notice of the time and place of the hearing at least five days before the date thereof. In determining the appeal, the action of the City Council shall be final. If no written appeal is filed by the property owner within the time specified herein, the action of the Planning Director shall be final.

(1994 Code, § 15.28.040)  (Ord. 80-101, passed - -1980)

   (A)   No action shall be taken by the City Planning Commission with respect to the creation of any parcel or the establishment of any use in the zones covered by this subchapter until a site plan approval has been obtained by the property owner and unless the project conforms thereto. No action shall be taken by the City Building Inspector with respect to the issuance of any building permit for the erection of any structure in the zones covered by this subchapter until a site plan approval has been obtained by the property owner and unless the project conforms thereto. After the structure has been erected, the City Building Inspector shall certify to the Planning Director that the same conforms to the site plan approval before the structure is occupied.

(1994 Code, § 15.28.050)

   (B)   A site plan approval shall lapse and be of no force or effect unless acted on within one year of the granting thereof; provided that, if not less than 30 days prior to the expiration date of the approval a written application is filed with the City Clerk by the property owner for an extension of the same, the Planning Commission shall be empowered to extend the time of the approval for a period of time not to exceed one additional year. An approved or conditionally approved site plan shall run with the land.

(1994 Code, § 15.28.060)

(Ord. 80-101, passed - -1980)

   Any request by a property owner to revise an approved or conditionally approved site plan shall be considered a new application subject to all of the requirements of this subchapter.

(1994 Code, § 15.28.070)  (Ord. 80-101, passed - -1980)

   A fee of $10 shall be paid by the property owner to the city at the time a site plan is filed; the fee to apply to the charge for any building permit granted pursuant to the site plan.

(1994 Code, § 15.28.080)  (Ord. 80-101, passed - -1980)

(1994 Code, § 15.32.010)  (Ord. 93-105, passed - -1993)

   (A)   City staff shall develop and recommend for City Council approval:

      (1)   A landscape documentation package review fee sufficient to pay the city's reasonable costs of reviewing and approving the landscape documentation package required by § 492(b) of the Model Ordinance;

      (2)   Procedures for the implementation of the landscape irrigation audits or waivers required by § 493(a) of the Model Ordinance, including fees necessary to pay the reasonable costs of the audits;

      (3)   Publications or other information satisfying the public education requirements of § 492(d)(1) of the Model Ordinance;

      (4)   Review procedures to ensure that the public education requirements of § 492(d)(2) are satisfied where applicable.

   (B)   The City Council may adopt or modify the recommendations of staff by resolution. The fees established by this subchapter shall be incorporated in the master planning and development fee resolution.

(1994 Code, § 15.32.020)  (Ord. 93-105, passed - -1993)

   Notwithstanding the provisions of this code, it is unlawful to willfully or negligently permit inefficient landscape irrigation by allowing runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Violation of this subchapter shall be punishable as an infraction, in addition to any other remedy or penalty prescribed by this code.

(1994 Code, § 15.32.030)  (Ord. 93-105, passed - -1993)  Penalty, see § 150.999

   (A)   Whoever violates any provision of this chapter where no other penalty is provided shall be subject to § 10.99

   (B)   Any person who sells, leases or otherwise transfers a building before a certificate of occupancy is issued and represents that the building is ready for occupancy shall be deemed to be in violation of the provisions of §§ 150.020 through 150.024, and permits issued under §§ 150.022 and 150.023 shall be void.

   (C)   If the permits authorized by §§ 150.020 through 150.024 are not obtained or become void, the Building Official shall order the utilities to be disconnected.

   (D)   Any person violating any of the provisions of §§ 150.020 through 150.024 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in § 10.99 of this code. Each separate day, or any portion thereof, during which any violation of §§ 150.020 through 150.024  occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

(1994 Code, § 15.08.060)  (Ord. 79-101, passed - -1979)