Section 19829 Of Article 1. Contents From California Health And Safety Code >> Division 13. >> Part 3. >> Chapter 9. >> Article 1.
19829
. (a) Notwithstanding Section 35441 of the Government Code, if
an application for a building permit is filed with a county prior to
the vote on the incorporation of a new city, and a building permit
is subsequently issued by the county prior to the effective date of
the incorporation, and the property for which the building permit was
issued is within the newly incorporated city limits, the building
permit shall remain valid for a period of 180 days from the date of
issuance of the building permit. If a local ordinance enacted by a
county prior to the date of the incorporation vote provides that
building permits are valid for a shorter or longer period than 180
days from the date of issuance, or the county ordinance authorizes
the extension of those building permits, that local ordinance applies
to any building permit applied for prior to the date of the
incorporation vote.
If the effective date of the incorporation is more than 90 days
after the incorporation vote, the county may receive applications
for, and issue, building permits for construction on property to be
included within the corporate boundaries of the newly incorporated
city. These building permits shall remain valid for a period of 180
days from the date of issuance.
(b) A building permit issued by a county for construction on real
property subsequently annexed to a city shall remain valid for the
life of the building permit, as issued. This subdivision does not
apply to any city which has, by ordinance, expressly made this
subdivision inapplicable to territory annexed to that city, unless
the city initiated the annexation.
(c) The city of which the affected territory became a part may
extend the life of a building permit as provided by this section. The
city of which the affected territory became a part shall be
responsible for the continuing enforcement of the county ordinance.
(d) All rights accorded the permittee by a building permit
affected by this section may be exercised by the permittee or the
successor in interest thereto in accordance with the applicable
rules, regulations, and ordinances of the issuing agency which were
in effect at the time the building permit was issued.
(e) This section does not apply to any incorporation or annexation
which became effective prior to January 1, 1985.
(f) The section does not apply to any building permit which is
suspended or revoked pursuant to any moratorium ordinance, or
extension thereof, adopted under Section 65858 of the Government Code
prior to the effective date of this section enacted at the 1991
portion of the 1991-92 Regular Session.