What is the current Building Code?

The 2022 Building Code is now in effect, and is accessible online here

How long does it typically take for a Building Permit application to be reviewed?

Our current plancheck process takes 6-8 weeks to complete.

What types of projects typically do not require a building permit?

For a complete list of projects which do not require a permit, please click here [LINK]

Do my plans have to be drawn by an architect or engineer?

In general, state law requires that plans for com­mercial or industrial projects be drawn by a li­censed engineer or architect. Other structures of a complex design or those not conforming to the California Building Code definition of conventional construction may also require plans by a licensed engineer or architect.

I don't have any children in public schools, so why do I have to pay school impact fees?

School impact fees are established by the local school district and are assessed on new residential and commercial construction of 500 square feet or more, regardless of whether or not there are school age children in the household. School fees for residential construction apply only to living space; garages and workshops are exempt.

What is Class K?

Class K is a relaxed construction standard available to owner-built rural dwellings and ap­purtenant structures intended "... to allow and facilitate the use of alternatives to the specifica­tions prescribed by the Uniform technical code to the extent that a reasonable degree of health and safety is provided..." To qualify, the property must be zoned for a one acre or larger minimum lot size and the structure cannot exceed 2 1/2 stories. The fee to process the permit is the same for a Class K or Uniform Building Code structure. (Note: Class K does not apply to commercial, industrial or rented structures.)

Where can I find more information on backup power in the case of an outage (generators, etc.)?

Please see PG&E's Backup Power information page. Our Forms and Handouts page includes several resources that may be helpful, including our Expedited Residential Rooftop Photovoltaic System process, a Generator Permitting Info Packet, and Guidelines for Online Permit Applications, among others: https://www.mendocinocounty.org/government/planning-building-services/forms-and-handouts. Please note that all generators must be inspected to verify code compliance, method of installation, and site placement, but that portable/temporary generators that are not connected to a structure's permanent wiring system do not require a permit.

Can I report a code violation anonymously?

We do not require you to supply your name or contact information when making a complaint – however, if there is not enough information supplied, or our officers are unable to find the violation and have no contact information to be able to follow up, we may list the complaint as ‘Not As Reported’ or ‘Insufficient Information Provided’ and close the complaint.

 

How can I find out who made a complaint against me?

We receive complaints from a variety of sources including County Departments, outside agencies, and members of the community. All complaints received from community members are strictly confidential. The complainant’s personal information is protected by the following Government codes:

Gov. Code § 7297.700. Personnel, medical or similar files, or portions thereof which would constitute an unwarranted invasion of personal privacy, including records that reveal personal information such as gate codes. See also the California Constitution, Art. I, Sec. I, regarding the right to Privacy.

Gov. Code § 7927.705. Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. Records disclosing information that would reveal the identity of an informant are exempt pursuant to this section and Evidence Code section 1041.

Gov. Code § 7922.000. Certain records, or portions thereof, may be withheld if the public interest in not disclosing outweighs the public interest in disclosing. In this case, not disclosing certain portions of records outweighs the public interest in disclosure, including records containing personal information and records containing identifying information about informants. Disclosure of such records to the public does little to inform the public about the conduct of the people’s business, while withholding such records avoids potential retaliation against informants, avoids a potential chilling effect that disclosing such information might have on the willingness of people to become informants, avoids a potential chilling effect on the exchange of information that assists the County in addressing potential code violations, and encourages the exchange of information that assists the County in addressing and resolving potential Code violations.

 

I didn’t do the work or cause the problem – why am I responsible for correcting the violations?

Mendocino County holds its property owners responsible for their properties, and it is ultimately up to the property owner to remediate violations on their property. It is important to note that violations are against the property, and NOT the property owner;  this means that if you purchased a property which has an existing violation (regardless of Code Enforcement’s involvement), you are still responsible for clearing the violations.

 

Where does Code Enforcement get the authority to enforce rules?

The Code Enforcement Division can conduct formal enforcement under the following Mendocino County Code of Ordinances (MCC):

MCC Chapter 1.04. – General Authority, Penalty Amounts, and Recordation of Notice of Violation

MCC Chapter 1.08 – Administrative Citations and Penalties, Service Procedures, Appeals, and Hearing Procedures and Rules

Code Enforcement has authority to conduct investigations and enforcement for violations of Mendocino County Code of Ordinances (MCC):

• Title 18 (Building Regulations) 
• Title 20 (Zoning Regulations) 
• Chapter 8.75 (Public Nuisances – Declared)
• Chapter 9A (Trash/Refuse on Private Property regulations)
• Chapter 10A.17 (Cannabis Cultivation) 
• Chapter 16.30 (Stormwater/Illicit Discharge) 

 

What happens when a violation is identified?

Code Enforcement attempts to work with property owners to successfully resolve all violations. However, if the issue cannot be resolved within the time frame allowed by the department, the Division can take one or more of the following courses of action:

 

NOTICE OF VIOLATION	A Notice of Violation (NOV) may be issued, which describes the violations and the corrective actions required.
ADMINISTRATIVE CITATION	An Administrative Citation (AC) may be issued for non-compliance. Penalties may be assessed on the property owner and/or responsible party until the violations are remediated. Under MCC Section1.08.060 (b), each and every day a violation of the provisions of the Code exists constitutes a separate and distinct offense and may result in additional and separate issuances of administrative citations.
LIEN RECORDATION	A Notice of Violation may be recorded at the Mendocino County Recorder’s Office, resulting in a lien being recorded against the property title. A Code Enforcement lien will not be released until the violation has been abated and/or all fees and penalties paid.
FURTHER LEGAL ACTION	The violation may be referred to Mendocino County’s Office of County Counsel. A civil action lawsuit may be filed, which would seek court orders and monetary judgements to compel compliance.

 

 

How long do I have to fix the violation(s)?

The type of violation will determine the timeframe for correction. For example, a violation requiring a building permit to either legalize or demo a structure will have a shorter timeframe than one which requires a permit from the Planning Division, such as a Use Permit or a Coastal Development Permit.

Please work with the investigating officer to establish and adhere to  the timeframes required to resolve the violation(s).

What if I don’t agree with Code Enforcement’s assessment of a violation?

The Code Enforcement Division will assess all applicable facts, findings and evidence to determine violations of the Mendocino County Code of Ordinances. The Code Enforcement Division will provide applicable MCC codes and supporting evidence (i.e., documentation of observations, photographs, and other resources) to justify its determination as to whether a violation exists.

The Code Enforcement Division will also obtain supporting evidence and determinations from the Building and Planning Divisions to verify interpretations of ordinances (if needed) before establishing whether violations exist and the requirements to resolve them. In cases where a property owner or responsible party does not agree with a Planning Division determination, the property owner may seek an appeal of that determination through the proper zoning commission, such as the Mendocino Planning Commission or the California Coastal Commission (CCC).

The Code Enforcement Division may start its formal enforcement process by generating a Code Enforcement case and issuing a Notice of Violation (NOV). The NOV will provide the specific violations that need to be addressed, the required corrective actions to resolve them, and specific timelines to accomplish this. It should be noted the NOV is a formal notice with no punitive action and therefore cannot be appealed or contested.

How can I find out what I am allowed to do with my property?

You can find out the zoning designation of your parcel by going to the Mendocino County Geographic Information System (GIS) website to find out the zoning of your parcel. You can then look up the corresponding zoning information in the Mendocino County Zoning Ordinance here (link). It is always recommended that property owners verify with Planning and Building Services staff what their zoning allows, and if certain permits are required for development and construction projects within the county. The requirement to obtain the appropriate permits falls on the responsibility of the current property owner.

What are “investigative fees” and why am I being charged them?

The Code Enforcement Division derives its authority to assess investigative fees on building permits issued as a result of violations from Title 18, section 18.08.030 of the Mendocino County Code of Ordinances. This section states that the county “shall recover costs of enforcing the provisions of Title 18 of the Mendocino County Code, Chapter 1.5 of Division 13 of the California Health and Safety Code and any and all ordinances, rules, regulations, and orders pertaining to its Planning and Building Services Department.”

Please note that investigative fees are associated with after-the-fact legalization via the permitting process, with or without Code Enforcement involvement. Code Enforcement may issue an Administrative Citation for failure to comply, in which case additional penalties may be imposed. Investigative fees and Administrative Citation penalties (if imposed) must be paid in order to achieve compliance.

I received an Administrative Citation from Code Enforcement, but I don’t believe I should have been issued one – can I appeal the citation?

Administrative Citations are issued by the Code Enforcement Division pursuant to MCC Chapter 1.08 – Administrative Citations and Penalties.

If you have received an Administrative Citation and wish to appeal you may do so, providing that the appeal is received by the County within ten (10) days of EITHER the service of the Administrative Citation (pertaining to a non-recurring penalty), OR the first day that penalties cease occurring (pertaining to a recurring penalty). Further information regarding appeal of the citation can be located on the back of the issued citation.

You can find a copy of the Administrative Citation Appeal Form here:

Administrative Citation Appeal Form 

When does a project require a planner's review?

Generally speaking, building permits (with exception to certain over-the-counter permits), Administrative Permits (APs), Discretionary Permits (such as use permits and Coastal Development Permits (CDPs) and Ministerial Permits always require a review and approval by a Planner prior to permit issuance.

The Planner’s review process is to ensure that the proposed activity, project, or development conforms to the Mendocino County Zoning Code and make staff report recommendations for the project in question. 

It should be noted that a planner’s approval may be subject to additional review processes requiring the approval of one or more of the following (depending on the project type): the Planning Commission, the Zoning Administrator, the Coastal Permit Administrator, the California Coastal Commission and/or the Board of Supervisors.  

Do I need a special permit to repair and maintain my home in the Town of Mendocino?

You may require a standard Building Permit, a Mendocino Historical Review Board (MHRB) Permit, or both. Check with Planning staff, as there are several MHRB Permit exemptions for repair and maintenance. Building permits may be required. Exterior alterations are likely to require an MHRB Permit. The Review Board meets monthly to consider MHRB Permit applications. Contact Planning staff at 707-234-6661 or pbsplannerfortbragg@mendocinocounty.org. Follow this link to the MHRB Permit Application Form.

Do I need a special permit to change the exterior color of my house, trim, or door in the Town of Mendocino?

An MHRB Permit is typically required to change exterior colors, but check with Planning staff. There is a procedure for using select combinations of pre-approved colors without the need for an MHRB Permit, though this still requires over-the-counter Planning approval: Town of Mendocino Exterior Paint Policy

I live near the shore and want to get faster internet service by installing a small dish. Do I need a Coastal Development Permit?

You may, if your property is in the Town of Mendocino or a mapped Highly Scenic Area. The relevant regulations are found in MCC Sections 20.504.030 and 20.760.045; please contact planning staff for assistance.