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18.04.035 Section 109 (Fees) of the California Building Code amended.

A.     Section 109.1.1 is added to read as follows:

 

109.1.1     Building permit fee.

A building permit fee, in an amount established by fee resolution of the city council, shall be paid for administrative processing and building inspections prior to issuing a building permit.

 

B.     Section 109.1.2 is added to read as follows:

 

109.1.2     Plan check fee.

A building plan check fee, or deposit review fee, in an amount established by the fee resolution of the city council, shall be paid when plans or documents are required to be submitted for review prior to issuing a building permit. Depending on the complexity and quality of the documentation being submitted, the final plan check fee to be paid may exceed the amount of the fee deposited to the jurisdiction. The building official may require additional charges for review required by changes, additions, or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions, or errors on the part of the property owner or permit applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this code.

 

C.     Section 109.3 is amended to read as follows:

 

109.3        Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor, for which the permit is being issued, as well as all finish work such as painting, roofing, 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. For purposes of determining a permit fee amount, valuation or value shall be based upon either the actual contract price for the work to be permitted or shall be determined with the use of the current “ICC Building Valuation Data” as published by the International Code Council, whichever is higher.

 

D.     Section 109.4 is amended to read as follows:

 

109.4        Other fees.

The jurisdiction, by fee resolution, shall charge and collect other fees for services performed related to building permits issued pursuant to this code, and for such other building, construction, and development regulations as may be incorporated in this code. Fees associated with any action taken or required pursuant to this section shall be assessed in accordance with the provisions of this section and the fee resolution.

109.4.1     Work commencing before permit.

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 a fee equal to the amount of the permit fee that is required by this code.

109.4.2     Investigation fees.

Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation fee may be required and be collected, whether or not a permit is subsequently issued. The minimum investigation fee shall be equal to the amount established by fee resolution of the city council, whether a permit is required or not. The payment of such investigation fee shall not exempt a person from compliance with other provisions of this code, nor from a penalty prescribed by local ordinance or other applicable law.

109.4.3     Preliminary review fees.

Upon payment of a preliminary review fee, a property owner or permit applicant may have a building, a structure, or other specialty code requirements reviewed by the building official prior to submittal of a permit application. Such fee shall be based on the hourly rate for the purposes of cost recovery. All charges must be paid at the conclusion of any such meeting and before any written findings are issued.

109.4.4     Reinspection fees.

A reinspection fee 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. Reinspection fees may also be assessed when the inspection record card is not posted or 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 the inspection is requested, or for deviating from the plans requiring approval of the building official. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. The fee for each reinspection shall be established by fee resolution of the city council.

109.4.5     Development impact fees.

This section applies to development fees imposed by the jurisdiction for the purpose of financing capital improvements and public facilities, the need for which is attributable to such development. The provisions of this section do not apply to taxes or special assessments levied by the jurisdiction.

1.     The amount of the fees due to jurisdiction shall be based on the development fee schedule in effect at the time of payment. The amount of the development impact fee established by fee resolution of the city council, ordinance, or other applicable law shall not exceed the estimated cost of providing the proposed development with the service or facility for which the development impact fee is imposed.

2.     No building permit shall be issued until all applicable development impact fees due for the development project have been paid or secured through a recorded agreement with the jurisdiction, unless payment at a later time is mandated by Government Code Section 66007 or otherwise permitted by local ordinance or other applicable law of the jurisdiction.

3.     When applicable development impact fees are to be calculated during the building permit process or prior to the issuance of a building permit, it shall mean the building permit is approved by the building official and is ready to issue.

4.     No temporary or final certificate of occupancy or permanent connection to utilities may be granted until all development fees have been paid in full.

(Ord. CS-437 § 3, 2022)