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HomeMy WebLinkAbout92-22 Adopting 1991 Uniform Codes, and 1990 National Electrical CodesORDINANCE NO. 92 -22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM BUILDINGp PLUMBING, MECHANICAL, SIGN, HOUSING, ABATEMENT, SWIMMING POOL, SOLAR AND ADMINISTRATIVE CODES, AND THE 1990 NATIONAL ELECTRICAL CODES. NOW, THEREFORE, 'THE CITY COUNCIL OF .THE CITY OF COSTA"MESA - DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 5-1 of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 5-1 Uniform Codes Adopted. Forl the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height:,.and area of buildings and structures, the following Uniform Codes subject to the _modifications set forth in this chapter are hereby adopted; the Uniform Building Code, 1991 Edition, as published by the International Conference of Building Officials and.including all appendices except Chapters 12, Division III, 23, 24, 26, 51, and 53; the Uniform Mechanical Code, 1991 Edition, as published by the International.Conference of Building Officials, and International Conference of Plumbing and Mechanical Officials and including all appendices; the Uniform Housing Code, 1991 Edition, as published by the International Conference of.Building Officials; the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, as published by the'International Conference of .Building Officials; the Uniform Sign Code, 1991. Edition, as, published by the International- Conference of Building Officials; the National Electrical Code, 1990.Edition, the.Uniform Swimming Pool Code, 1991 Edition, and the Uniform Solar Energy Code, 1991 Edition, all as published by the International Association of Plumbing and Mechanical Officials; the Uniform Plumbing Code, 1991 Edition-, published by the International Association of Plumbing and Mechanical Officials including all appendices and the Uniform Administrative Code, 1991 Edition, as published by the International Conference of Building Officials. The provisions of these Codes as amended 'by this chapter shall constitute the Building. Regulations of the City of Costa Mesa. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Uniform Codes, State regulations shall prevail over the Uniform Codes. one (1) certified copy of all the above Codes and standards therefore is on file in the City offices and is made available through the City Clerk -for public inspection." Section 2. Sections 5-1.1 and 5-1.2 of Chapter I, Title 5 of the Costa Mesa Municipal Code are hereby repealed. Section 3. Section 5-2 of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended to..read as follows: Sec.. 5-2 Building Official (a) Enforcement of the Uniform Codes adopted by Section 5-1 2 shall be the responsibility of the.Assistant Development Services Director. All references to the Building Official or Director of Building and Safety shall be, deemed to mean the. Assistant Development Services Director responsible for the Division 'of Building and.Code Enforcement.:' (b) The provisions of title shall.apply'to and affect all of the .territory 'of. the -City of 'Costa Mesa, except work located primarily in a_ public way,, public utility towers and poles, mechanical equipment not specifically regulated by this title, hydraulic flood control structures,.facilities for the production, generation,- storage or transmission of water or electrical energy by a local agency, and the buildings.or structures of administra- tion and instruction of public schools when acting under -the State Contract Act; except as otherwise provided in.this Title._ (c). Additions, -alterations, repairs and changes, of use or occupancy of -all buildings and structures shall comply with the P Y. g P Y provisions for new buildings and structures, except as otherwise provided in this title. (d) Where, in any specific case,, different sections , of the Uniform- Codes specify different materials, methods of construction or other requirements,, the'most restrictive shall govern:. Section 4 Section 5-3 of Chapter 1, Title 5 of the Costa Mesa Municipal Code is hereby reserved for future use. = Section 5. Section 5-4 of Chapter I, Title 5 of the Costa Mesa Municipal Code is hereby amended to read as follows: 3 See,. .,5-4 Collection -of Fees. The Building Official -or his or her designee shall collect fees"for,permits"and services specified in this Title. Where the Building Official finds; that. the fees prescribed.in this:Title do not cover.the cost,of providing the service which.is the subject of the fee, 'the Building Official may charge a supplemental -fee for the.unpa'id cost of °the- services provided. Section -6: Section 5 -6 -of Chapter I', Title 5 of the Costa "Mesa Municipal Code is hereby amended to.read as follows:, section, -6 Violations and -Penalties. (a)` It shall be unlawful 'for any person, firm, corporation, or other ,entity ,.to erect, -construct, enlarge, alter, repair, move, .improve,remove., convert, demolish, equip, use, occupy or maintain: any -building, structure or real property in the City, or cause the same to be done-,- contrary to or in ,violation -of any 'of the. provisions of this Code. (b). Any person, firm .or corporation violating any- of the provisions of this.Title shall ,be deemed- guilty of a misdemeanor. Any, such person shall.be..deemed guilty of a separate offense for each and -every day'or portion, thereof during which any violation of this,'Title.1s.committed, continued or permitted. (c)Notice- and Order. When the building official has inspected or caused to be'inspected a building and has found and determined that such building is a substandard building, the building,offidial_shall.commence proceedings to cause the repair, rehabilitations'" vacation or demolitionof the building.' The 4 building official shall.issue a notice and order directed to the record owner of the building. The notice and order shall contain: (1) The street address and a legal description for identification of the premises upon -which the building is located. (2) A statement that the building official has found the building 'to be substandard with a ,brief and concise description of the, conditions found to render the building dangerous under the provisions of Section 202 of this code. (3) A statement of the action.required to be taken as determined by the building official. A. If.the building official has determined that the building or structure must be repaired,. the order shall require that all required permits be secured therefor and the work physically commenced within such time (not. to exceed 60- days from the date of the order) -and -completed within such time as the, building official shall. determine is reasonable under all of -the circumstances. B. If the building official has determined that, the building or structure must be vacated, the order shall require that the building or structure shall -be vacated within a certain time from the date of -the order as 5 determined by the building official to be reasonable. C. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order and that the demolition be completed within such time as the building official shall determine is reasonable. (4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. (5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the appeals board, provided the appeal is made in writing as provided in this code, and filed with 6 the building official within 30 days from the dateof service'of such notice and order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative.hearing and determination of the matter. (D) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon .the record-owner,'and posted on the property; and one copy thereof shall be served on each of the following if known to the building. official, or disclosed from official public records: the holder or any mortgage or' deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estateor legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person,duly served or relieve any such person from any duty or obligation imposed by the provisions of this action. (E) Method of Service. Service of the notice and order shall be.made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid., return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to'the building official. If no address of any such person so appears or is known to the building official, then a copy, 'of: the notice and order shall be so .mailed, addressed to such person,, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section.". Service by certified mail.in the manner herein provided shall .be. effective on the date of mailing. (F) Proof .of Service. Proof of service of the.notice,and order shall be certified to-at the time of service by a written' declaration under penalty of "perjury. executed by .the person effecting- service; declaring the time; date and.manner in.which service-was made". The 'declaration, together with any receipt card -returned in acknowledgment of receipt by..certified.mail, shall be. affixed- to the copy of the notice and order -retained by the building official. Section 7 Section 5-10 of Chapter I,' Title 5 of the Costa Mesa Municipal. Code is hereby amended to read as follows: Sec. 5-10 Issuance of Permits The Assistant Development Services Director or his designee.- is authorized to issue: permits for buildings or structures under the provisions. of this Title whenever. the., applicant has complied with all the requirements hereof., .Section 8.' Section 5=11 of Chapter I, Title" 5 of the Costa Mesa Municipal Code is hereby_repealed.and reserved for. future use. Section :9. Section .5-12' of Chapter I, Title 5 of the Costa, Mesa Municipal Code is, hereby amended to read as'follows: 8 Sec. 5-12, Refund of Fees Refund. of " any - fee, . paid, by, the applicant pursuant to this Title may be made as provided in the 1991 Uniform Building Code and 1991 Uniform Administrative Code. Section 10. Section .5-17. of Chapter I, Title 5 of the Costa Mesa Municipal -Code is hereby repealed, and -'reserved for future use. Section ll: Sections 5.-53 and 5-54 of Chapter III, Title 5 of the Costa Mesa Municipal Code, are hereby repealed and reserved - for "future use. Section 12. Sections 5-74 5-75 5-76 5-77 5-78 5-79 5- 80 and 5-81 of Chapter -IV, Title 5'of the Costa'Mesa Municipal Code are hereby repealed and reserved .for future use. Section 13. Severability,Clause."" If any chapter, article, section, subsection, subdivision, sentence, clause:, phrase,, or portion of'this Ordinance, or the' application thereof .to ,any person'_ is for any reason held to.be' invalid or' unconstitutional: by the "decision of any, court of competent jurisdiction, such decision shall not affect the validity of the, remaining portion of, this Ordinance or its application to.. other persons. The Cit Council,hereby declares that it would have p. Y Y adopted .this Ordinance and each chapter, article,:" section, .'subsection, subdivision,sentence, clause,- phrase or portion 'thereof.,, irrespective of the fact that any one or"more subsections; subdivisions,," sentences, clauses, phrases, or .portions of the application thereof to any person,be declared invalid or' unconstitutional. No .portion of, this Ordinance.shall supersede any. local, State, or Federal law, regulation, or codes-dealing with'. life safety factors. Section 14. Publication and Adoption. This Ordinance shall take effect and be- in full force and' effect .thirty (30) days from and .after -its passage,and, before the expiration of fifteen (15) days after its passage-, shall be, published once" in the NEWPORT BEACH-COSTA. MESA -DAILY PILOT, a newspaper of general circulation printed and published ,in the City of Costa-Mesa, or, in the alternative, the City Clerk may cause to be published a. summary of this Ordinance and.a certified copy of the -tekt of this . Ordinance shall be posted in the office of the City "Clerk five (5)'days prior to the date of adoption of this. Ordinance, and -.within fifteen (15) days after .adoption, the city- Clerk shall ityClerk'shall cause to be published the-.aforementioned summary and shall post in the.office'of the City Clerk a certified copy of this ..Ordinance together with the names of the members of the City: Council voting for.and.,against the same. PASSED AND ADOPTED this 21st,day of December,,1992.. Mayor of the City of Costa Mesa STATE OF CALIFORNIA ) .. COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the City Council of the City of - Costa Mesa, hereby certify that the above and foregoing Ordinance No. 92-22was introduced and considered section by section at a regular meeting of said City Council held on the 19th day of October, 1992,and thereafter passed and adopted as a whole at - a regular meeting of said City - Council held.oh the 21st day of December, 1992, by the following roll call vote: AYES:. COUNCIL MEMBERS: Geniis, Humphrey, Hornbuckle, Buffa, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City,of.Costa Mesa this 22nd day of December, 1992.. Cilty Clerk and ex -officio CleyV of the City Council of the City Costa Mesa 11