Citizen's Guide to Residential Ordinances
Your City, your community - keep it safe and beautiful

ANIMAL CONTROL  
- Animals running at large are prohibited.
- Dogs must be on a leash throughout the City, as well as on the beach.
- Owners are responsible for the removal and disposal of their animal’s waste.
- It is mandatory for dogs older than four months to be licensed.
- There is a limit of three animals/pets per household without a pet permit.
- Owners must maintain the area where animals are kept in such a way as to be relatively free of animal waste odor.
- Owners shall not allow animals to disturb any person by barking or howling.
- The City will not trap wild animals.
POLICE DEPT. ANIMAL CONTROL DIVISION

BUILDINGS/STRUCTURES  

No building or structure regulated by the Building Codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, converted or demolished unless a separate permit for each building or structure has first been obtained. Review the PERMITS section for more details. Please note: Check with the Planning Division before starting any project as prior approval or permits may be necessary.
BUILDING SAFETY & INSPECTION DIVISION

a. Permits are also required for:
- Reroofs and skylights
- Electrical (new service/wiring)
- Plumbing (water heaters/new piping)
- Mechanical (heating & cooling systems)
- Tent structures/awnings (over 120 square feet) - Patio covers
BUILDING SAFETY & INSPECTION DIVISION

b. Permits MAY be required for:
- Windows
- Siding
- Platforms
- Retaining Walls
- Fences
- Awnings/tent structures
- Accessory structures under 120 square feet
BUILDING SAFETY & INSPECTION DIVISION

c. Building Permits are NOT required for:
- One story detached structures less than 120 square feet
- Fences constructed 6 feet in height or less, except as noted in the FENCES section below
- Movable cases and partitions
- Retaining walls less than 3 feet
- Platforms and walks not over 30 inches
- Pre-fab pools (5,000 gallons or less)
BUILDING SAFETY & INSPECTION DIVISION

 

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DISPOSAL/WASTE SERVICES  
Each occupant and/or owner of any premises shall obtain and maintain adequate disposal services FROM the City and/or its agents.
Collection containers shall be placed on the street on the day of collection. No person shall leave any residential container beyond 7 p.m. of the day of collection.
SOLID WASTE MANAGEMENT DIVISION

FENCES  
Fences shall not exceed 6 feet in height without a variance permit and building permit. Fences shall not exceed 4 feet in height in any front/side yard setback without a variance permit. PLANNING DIVISION

HOME OCCUPATIONS/BUSINESS LICENSES  
Home occupations are subject to regulations as set forth in the Zoning Ordinance. Home occupations are defined as limited business activity conducted in a residential unit that is incidental to the principal residential use. Planning Division review is required. PLANNING DIVISION

A business license is required to transact or carry on any business in the City. REVENUE DIVISION

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JUNK, TRASH AND DEBRIS  
No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises shall permit weeds, rubbish, waste (including vomit or animal waste) or rubble to remain upon the premises, sidewalks, streets or alleys.
PUBLIC WORKS DEPT., CODE ENFORCEMENT DIVISION

LANDSCAPING AND WEED ABATEMENT  
Weed abatement must be conducted annually to insure that landscaping is maintained so that it does not create a fire hazard nor is dangerous to health, safety and welfare.
PUBLIC WORKS DEPT , FIRE DEPT.

PERMITS  
ENCROACHMENT PERMITS
Permits are required for any type of structure placed upon public property. Encroachments may be either
permanent (retaining walls, fences, etc.) or temporary (scaffolding, cranes, signage) in the public right-of-way. Please note: Make sure to determine where your property line is before making any changes/additions. PUBLIC WORKS DEPT

PLANNING PERMITS
The Planning Division regulates or governs the use of land and the placement of buildings within the different zones in the City. Variance and use permits may be required before construction or a new use may commence.

a. Definition of Accessory Uses and Structures:
Uses and structures which include garages, garden sheds, greenhouses, storage shelters and covered patios that are incidental to the principal permitted or conditionally permitted use of structures on the same site are allowed subject to certain requirements. PLANNING DIVISION

b. Guest Houses:
Guest houses require a use permit/building permit. They are permanently constructed living quarters without kitchen or cooking facilities and are clearly subordinate and incidental to the main building. Guest houses shall not be separately rented or leased
either by direct or indirect compensation. These can only be considered on lots greater than 8,000 square feet. PLANNING DIVISION

c. Secondary Units in Single-Family Zones:
Such units may only be allowed as legal non-con-forming units if constructed and rented (proof required) prior to April of 1964. Review by Planning Division, Building Safety & Inspection Division and City Attorney’s office is required.
PLANNING DIVISION

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RESIDENTIAL PARKING PERMITS  
In residential areas approved by the City Council, residential parking permits may be obtained by completing an application available from the Parking Division. Residents must provide written proof of residency (rental agreement, property tax bill or utility bill)and current DMV registration for each vehicle.
PARKING DIVISION, POLICE DEPT. TRAFFIC DIVISION

RESIDENTIAL PROPERTY INSPECTIONS  
(Exterior Inspections Only)
Inspections require that a report be obtained through the Building Safety & Inspection Division prior to the close of escrow, transfer of title for sale or exchange of any
residential property, on all single-family dwellings and apartment buildings.
BUILDING SAFETY & INSPECTION DIVISION

SEWER  
BACKWATER VALVES
If your property is at risk of damage from a sewage backup in the City sewer main, a sewer backwater valve is required. For more details, visit the City Web site at www.monterey.org/commdevelop/bldgsafety/bwv.html
PUBLIC WORKS DEPT, BUILDING SAFETY & INSPECTION DIVISION

SEWER BACKUPS
If you have a sewer overflow caused by an obstructed sewer line within your property, such as when sewage backs up into a shower stall when a sink is drained or a toilet is flushed, call a licensed plumber immediately.
   If you have an uncontrolled sewer overflow such that sewage is flowing onto your floors or into the street, call 911. A City crew will respond and determine whether the blockage is in the private lateral or in the City’s sewer main. If the blockage is in the private lateral then the property owner will be so notified and advised to contact a local plumber and a vendor to clean the spill.
   Owners are responsible for all costs associated with clearing and cleanup if the backup is due to a clogged lateral or could have been prevented by a properly installed backwater valve device as required by City Code.
PUBLIC WORKS DEPT, STREETS DIVISION

SEWER SYSTEMS
Maintenance of the sewer lateral from the residence to where it connects to the City main is the responsibility of the property owner.
PUBLIC WORKS DEPT, STREETS DIVISION

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SIDEWALKS  
SIDEWALK/DRIVEWAY MAINTENANCE
It is the property owners’ responsibility to properly maintain frontage sidewalks on their property and to keep them free of debris and trip hazards including lift or debris hazards caused by street trees. Property owners may be held liable to persons injured or property damaged as a result of their failure to periodically inspect and properly
maintain their frontage sidewalks. PUBLIC WORKS DEPT

SIDEWALK, CURB/GUTTER AND DRIVEWAY PERMITS
New construction and/or replacement of sidewalk, curb and gutter or driveways within the public right-of-way require a permit. PUBLIC WORKS DEPT

STORMWATER AND DRAINAGE SYSTEM (GUTTERS)  
It is a violation to pour anything (oil, paint, grease) other than clean water into the City stormdrain. PUBLIC WORKS DEPT

STREET OPENING PERMITS  
A permit is required for any excavation in or under the surface of any street, alley or sidewalk. PUBLIC WORKS DEPT

TREE TRIMMING, PLANTING OR REMOVAL  
Normal pruning or trimming of trees on private property is permitted. Excessive/improper trimming is a violation. A permit is required for the removal of trees on private property of any species more than 6 inches in diameter at 4.5 feet above grade. Pruning and/or removing any tree on public property is strictly prohibited.
URBAN FORESTRY DIVISION

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VEHICLES (BOATS, RVs AND TRAILERS)  
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive 72-hour period.
   Inoperative vehicles or vehicles without current and valid registration shall be stored inside a garage or other enclosed structure or behind the 20-foot front yard setback and screened from public view.  POLICE DEPT. TRAFFIC DIVISION

Vehicles (boats, RVs and trailers) shall be parked on the driveway apron in front of covered parking. There shall be no parking in the front/side yard setback on non-driveway aprons. Not more than one commercial vehicle may be parked on or adjoining any one lot. Vehicles over 22-feet in length and/or more than 7.5 feet in height and/or having a bed width of 7 feet or greater shall be kept behind the required setback line.
PLANNING DIVISION, CODE ENFORCEMENT DIVISION

YARD/GARAGE SALES  
Yard/garage sales are allowed to take place in residential neighborhoods and no permit is required. There is no restriction on the number of sales a person can hold. However, if it is noted that a particular residence is holding frequent yard/garage sales over an extended period, it could eventually be determined that the resident is conducting a commercial business. Because commercial businesses are generally not permitted in residential areas, this type of use would not be allowed.
Posters advertising garage sales are permitted but may NOT be posted on utility poles, trees or where they might interfere with a driver’s line of sight and must be taken down after the garage sale is over. CODE ENFORCEMENT DIVISION

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Rev. 09/05/08 - L. Huelga-  http://www.monterey.org/commdevelop/cit_guide/resord.html