San Mateo Law Library
City of San Mateo Municipal Code.

7.14.020 Scope and Administration

Chapter 1 Scope and Administration is amended as follows:

(a) Section 102.8.1 Conflicts is amended as follows:

Where conflicts occur between provision of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between either this code or the referenced standards and California Building Standards Code, as adopted by the City in Title 23 Buildings and Construction of the municipal code, the provisions of Title 23 shall apply.

(b) Section 103.1 Creation of agency is amended as follows:

The community development director, or their designees, shall be known as the code official.

(c) Section 105.1 General is amended as follows:

The code official is hereby authorized and directed to enforce the provisions of this code, as well as the State Housing Law as contained in Part 1.5 of Division 13 of the Health and Safety Code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this code. Such policy and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(d) Section 107 Means of Appeal is not adopted:

Appeals of administrative citations or compliance orders of the code official issued under this code shall be conducted in accordance with Chapter 1.10 Administrative Citations or Chapter 1.14 Administrative Compliance Orders

(e) Section 109.1 Unlawful acts is amended as follows:

It is unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure, building service equipment in violation of this code or Title 23, or in a substandard condition; or cause or permit the same to be done.

(f) Section 110.4 Failure to comply is amended as follows:

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 liable for penalties in accordance with Chapter 1.04 General Penalty.

(g) Section 111.1 Unsafe conditions is amended as follows:

When a premises, building, structure, or equipment is found by the code official based on a determination by the building official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the applicable provisions of the adopted California Standards Building Code and this code where applicable.

(h) Section 111.4 Unlawful structure is amended as follows:

An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished, and such work is abandoned. Work is deemed abandoned if there is no valid building or demolition permit.

(i) Section 111.7 Placarding is amended as follows:

When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of the adopted building codes and/or this code and/or the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official's order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting. Furthermore, the placard shall direct the premise owner/ manager to contact building department for necessary approvals/ permits/ inspections where applicable. (model code text removed in its entirety)

(j) Section 111.7.1 Placard removal is amended as follows:

The code official shall remove the placard whenever the defect or defects upon which the placarding action was based has been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code and applicable state law.

(k) Section 111.8 Prohibited occupancy is amended as follows:

It shall be unlawful for any person, owner, owner's authorized agent, or other person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code official's posted order.

(l) Section 112.6 Hearing is amended as follows:

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Community Relations Commission, be afforded an appeal hearing as prescribed in Section 1.10.060.