The Nevada County Civil Grand Jury has released a report on the Nevada County Building Department, chastising building officials for their reluctance to assess penalty fees for work begun without permits.
The report released Friday found inconsistencies involving the issuance of permits, extension of permits and fees charged. The Grand Jury determined that the failure to charge applicable fees resulted in an unjustifiable, and perhaps significant loss of revenue. The jury believes that it makes sense to make the assessment of penalty fees the rule rather than the exception.
The building department reviews construction plans, issues construction permits, assesses fees and conducts required inspections to ensure that construction is done properly, in accordance with all applicable codes. Inspections are performed when the permit holder notifies the department that a particular phase of the construction is ready for an inspection.
The building department also works with property owners to resolve code violations found by the Code Compliance Division.
The Grand Jury found the building official is allowed to impose penalty fees for permits issued for as-built construction, but as-built permits were issued without applicable penalty fees. As-built permits reviewed by the jury were issued without required plans, and building permits were extended without payment of applicable fees.
When building permits for as-built construction are issued without penalty fees, it results in reduced revenue, fails to send a message to offenders and is unfair to those who are required to pay penalty fees, the report concluded.
When building permits for as-built construction are issued without required plans, it increases the possibility of unsafe or illegal conditions.
The jury recommended the Board of Supervisors should direct staff to submit an ordinance for board approval, amending the building codes to read that applicable fees “shall be increased by the Building Official” rather than “may be increased by the Building Official.”
The staff should develop and implement a procedure for tracking permit penalty fees, which can be audited, including a detailed explanation as to why fee exceptions take place, according to the report. Staff should also develop and implement a procedure in which the department is notified by the system when permits expire, develop and implement a procedure for tracking “as built” permits to ensure that they are referred to code enforcement after expiration, develop and implement a procedure to ensure that applicable permit fees are applied consistently and review all policies contained on the Web to ensure that they are in compliance with state and county building codes, the report stated.
To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call (530) 477-4229.
http://www.theunion.com/article/20100607/NEWS/100609780/1001&parentprofile=1053
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