ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE OF THE BOARD OF SUPERVISORS OF SAN MATEO COUNTY AMENDING SECTION 9041 OF CHAPTER 2, ARTICLE 4 OF DIVISION VII OF THE SAN MATEO COUNTY ORDINANCE CODE REGARDING INVESTIGATION FEES

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Section 9041 of Chapter 2 of Article 4 of Division VII of the San Mateo County Ordinance Code is hereby amended to read as follows:

Section 9041. Investigation Fees.

1.

The Board of Supervisors hereby finds that there is substantial cost to the County in identifying and investigating construction or work commenced without first obtaining the prescribed permits therefore, or done in violation of prescribed permits, and in assuring compliance with permit requirements and other pertinent County code provisions when such violations are determined to exist. The Board of Supervisors further finds that a reasonable measure of the cost to the County in identifying, investigating, and obtaining compliance for such violations is ten times the value of the applicable permit and that this cost should be borne by the violator in the form of an investigation fee to be assessed as set forth in Subsections 2 through 6 of this Section.

2.

Whenever any construction or work for which a permit is required by this code or any other code incorporated by reference and made a part of this code, is started or commenced without the prescribed permit having first been obtained, an investigation fee in the amount of ten times the prescribed permit fee shall be added to the permit fee, and shall be collected at the time of application for the permit. Such investigation fee shall be collected for each separate and distinct permit required for a specific project. Where a permit has been previously obtained, but construction work is commenced which goes beyond the scope of the permit, or is in violation of the terms of the permit, the above described investigation fee shall be assessed for such portion of the construction work done beyond the scope of, or in violation of, the permit. This investigation fee shall be required and collected whether or not a permit is then or subsequently issued. The maximum investigation fee which may be assessed and collected as to any individual permit shall be three thousand dollars ($3,000.00). Nothing in this Section shall relieve any person(s) from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code, in the execution of the work, or from any other penalties prescribed by law.

3.

Whenever any Farm Labor Housing, temporary or permanent, has been found to have been installed, constructed, altered, or created or moved without first obtaining the required permits, an investigation fee shall be assessed whether or not the prescribed permits are then or subsequently issued. Such investigation fee shall be based on an hourly cost to compensate for staff time spent on processing the violation.

4.

Whenever Low Income or Affordable Housing, temporary or permanent, has been found to have been installed, constructed, altered, or created or moved without first obtaining the required permits, an investigation fee shall be assessed whether or not the prescribed permits are then or subsequently issued. Such investigation fee shall be based on an hourly cost to compensate for staff time spent on processing the violation.

5.

The Building Official shall have the authority to adjust investigation fees for minor violations, as listed below, provided such violation is a first offense. In no case shall the investigation fee be reduced to less than two times the permit fee, plus the permit fee. Such reduction in investigation fees shall not relieve the applicant from full compliance with all applicable codes and zoning regulations. Such reduced investigation fee shall be based on an hourly cost to compensate for staff time spent on processing the violation.

a.

Water heater installations or replacements

b.

Furnace/heater installations or replacements

c.

Recreational decks for single family dwellings

d.

Re-roofing of a single family dwelling

e.

Electrical service changes to a single family dwelling

f.

Non-habitable accessory structures not exceeding 200 square feet

g.

Water or sewer line replacements for single family dwellings

h.

Fences

i.

Kitchen or bathroom remodels of single family dwellings involving no structural changes

6.

The Building Official or authorized representative shall have the authority to issue an Information Notice in lieu of a Stop Work Notice for minor violations listed above or in the event that work has just begun on other violations. The issuance of an Information Notice shall waive the requirement for investigation fees provided that the work stops immediately and the violator has contacted the Planning and Building Division to initiate the permit process within ten (10) working days of the issuance of the Information Notice. Failure to comply with these two requirements will result in the issuance of a Stop Work Notice and shall also result in the disqualification of the reduction of investigation fees as allowed in item #5 of this section.

SECTION 2. Unless specifically amended herein, the remaining sections of Chapter 2 of Article 4 of Division VII of the San Mateo County Ordinance Code shall remain in full force and effect.

SECTION 3. This Ordinance shall be effective thirty (30) days from the passage date thereof.

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