HomeMy Public PortalAboutOrd. 1247ORDINANCE N0. 1247
AN ORDINANCE OF THE CITY OF LYNWOOD PROVIDING FOR THE PRO-
TECTION OF PUBLIC HEALTH, LIFE AND SAFETY THROUGH ADOPTION
REFERENCE OF THE UNIFORM BUILDING CODE (1982 ED.) AND
"STANDARDS", ESTABLISHING THE COMMUNITY DEVELOPMENT DEPART-
MENT AS THE CONTROLLING AUTHORITY, ADDING AN APPEAL PROCE-
llURE, EXEMPTING CERTAIN MINOR WORK, SETTING A FEE SCHEDULE,
AMENDING SECTIONS 8-1, 8-2, 8-3, 8-4, AND 8-5, OF THE LYNWOOD
CITY CODE, AND REPEALING ALL OTHER ORDINANCES OR PARTS THERE-
OF IN CONFLICT HEREWITH.
The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows:
SECTION 1. Section 8-1 of the Lynwood City Code is amended to read as
follows:
Section 8-l. Building Code, Established.
A. There is hereby adopted by the City Council for the purpose of pre-
scribing regulations to provide minimum standards to safeguard life and limb,
health, property, and public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and main-
tenance of all buildings and structures within the city and certain equipment
specifically regulated herein, that certain code known as the Uniform Building
Code (1982 Ed.) together with the appendix therein contained, and the Uniform
Building Code Standards (1982 Ed.) promulgated and published by the Internation-
al Conference of Building Officials, except section 202(c) (right of entry),
203 (unsafe buildings and structures), and 204 (Board of Appeals), and Table
304-A (permit fees) thereof and except also such portions thereof as are here-
inafter deleted, modified, amended, or added. Not less than three copies of
said Code and-Standard's-are filed-in the offic'e~of theCity"Cl'erk- The'same;-
with the exceptions, deletions, modifications, amendments, and additions afore-
said, are hereby adopted and incorporated as fully as if set out at length here-
in. From and after the date on which this ordinance shall take effect, the
Building Official, as Director of the Community Development Department, is
authorized to administer and enforce these regulations, and the provisions
thereof shall be controlling within the limits of the city.
B. Any reference in the Uniform Building Code or in the City Code or
City Ordinance (1) to Building Official shall mean the Director of Community
Development or his duly appointed representative, (2) to Director shall mean
the Director of Community Development, (3) to City Manager shall mean the
City Manager or his duly appointed representative, (4) to UBC shall mean the
1982 edition of the Uniform Building Code.
SECTION 2. Section 8-2 of the Lynwood City Code is amended to read as
follows:
Section 8-2. Building Code, Additions, Amendments and Modifications.
A. Right of Entry. Whenever necessary to make an inspection to enforce
any of the provisions of this Code, or whenever the Building Official or his
authorized representative has reasonable cause to believe that there exists
in any building or upon any premises, any condition which makes such building
or premises unsafe as defined in Paragraph (B) of this section, the Building
Official or his authorized representative may enter such building or premises
at all reasonable times to inspect the same or to perform any duty imposed
upon the Building Official by this Code; provided, however, no such entry
shall be made unless an inspection warrant authorizing the same has first
been issued.
Any other provision herein contained to the contrary notwithstanding,
the Building Official or his authorized representative may enter a building or
premises to inspect the same or to perform any duty imposed upon the Building
Official by this Code without the necessity of first obtaining an inspection
warrant whenever said Building Official reaonably believes that said building
or premises is so damaged or defective as to cause an immediate danger to
human life or an immediate hazard to public safety.
No person shall hinder or prevent the Building Official or his autho-
ized representative while in the performance of his duties from entering upon
and into any and all buildings or premises within the city.
B. Unsafe Buildings.
(a) Whenever the Building Official determines by inspection that a
building or structure is (i) structurally unsafe; (ii) not provided with ade-
quate egress; (iii) a fire hazard; (iv) otherwise dangerous to human life; or,
(v) in relation to existing uses, a hazard to safety or health or public wel-
fare, by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment, as specified in the Uniform Building Code (1982 Ed.) or any other
effective ordinance, said building or structure is for the purpose of this
Chapter, an unsafe building. All such unsafe buildings are hereby declared
to be public nuisances and shall be abated by repair, rehabilitation, demoli-
tion or removal in accordance with the procedure specified in this Code.
(b) The Building Official shall examine or cause to be examined
every building or structure or portion thereof reported as dangerous or damaged,
and if he finds any such building or structure to be an unsafe building as
defined in this section, the Building Official shall give to the party con-
cerned written notice stating the defects therein. This notice may require
the owner or person in charge of the building or premises, within 48 hours,
to commence either the required repairs or improvements or demolition and
removal of the building or structures or portions thereof, and all such work
shall be completed within 90 days from date of notice, unless otherwise stipu-
lated by the Building Official. If necessary, such notice shall also require
the building, structure, or portion thereof to be vacated forthwith and not
reoccupied until the required repairs and improvements are completed, inspected,
and approved by~the Building Officia L -- -- -~-
Service of such notice shall be by personal service or by registered
or certified mail upon every party concerned. In the event the Building
Official, after reasonable effort, is unable to serve the notice as specified
above, service shall be effected by posting on the structure a copy of the
notice.
The designated period within which the owner or person in charge
is required to comply with such notice shall begin as of the date he receives
such notice by personal service or registered or certified mail. If such_
notice is by posting, the designated period shall begin 10 days following the
date of posting. The failure of any owner or other person to receive such no-
tice shall not affect in any manner the validity of any proceedings taken here-
under.
A person notified to vacate an unsafe building by the Building
Official shall vacate within the time specified in the order.
The Building Official may file with the office of the County Recorder
a declaration that the building described has been inspected and found to be
an unsafe building, as defined in this section, and that the owner thereof
has been so notified. After all required work has been completed, the Building
Official shall file with the office of the County Recorder a notification
terminating the above declaration.
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As used in this section, "party concerned", means
any, in real or apparent charge and control of the premises
owner, the holder of any mortgage, trust deed or other lien
record, the owner or holder of any lease of record, the rec~
other estate or interest in or to the building or structure
which it is located.
the person, if
involved, the record
or encumbrance or
Ord holder of any
or the land upon
(c) The Building Official shall cause to be posted at each entrance
to such building a notice to read: "DO NOT ENTER - UNSAFE TO OCCUPY". Such
notice shall remain posted until the required repairs, demolition, or removal
are completed. Such. notice shall not be removed without written permission
of the Building Official and no person shall enter the building except for the
purpose of making the required repairs or demolishing the building.
(d) The party concerned or the Building Official may request a pub-
lic hearing regarding the unsafe condition and/or nuisance condition of the
buildings or structures. Such request and hearing shall follow the same pro-
cedures as stated in Section 8.4.
(e) Unsafe or nuisance buildings shall be abated by repair or demo-
lition and such proceedings shall follow the procedures of abatement as con-
tained in Chapter 8, Section 8-71 of the Lynwood City Code.
C. Inspections. The Building Official may refuse to allow any or all
of the public utilities to be connected to any building or structure until
a final inspection and approval has been issued.
D. Work Exempted. The following structures are exempted from all the
provisions of this ordinance in addition to those contained in Chapter 3 of the
Uniform Building Code (1982 Ed.):
(1) Tents and similar cloth structures to be used on a temporary basis
(3 day maximum).
(2) Gantry cranes and similar equipment when not an integral part of
the building structure.
E. Fee Refunds. All refunds for fees authorized by the Building Offi-
cial shall require approval by the City Manager.
F. Non-public Records. Nothing herein shall be deemed to authorize
or permit the Building Official to reveal or furnish to any person except to
a duly authorized employee or officer of the city, any record of the city or
information from such record, which under the law does not constitute a public
record.
SECTION 3. Section 8-3 of the Lynwood City Code is amended to read as
follows:
Section 8-3. Building Code, Appeal.
(a) Within 30 days after the Building Official has rejected an
application for a permit or otherwise made a ruling adverse to the applicant,
the applicant may file a written appeal or request for a hearing with the City
Clerk stating in detail the reasons why the permit should be granted or the
ruling ahould be reversed or modified, notwithstanding the opinion of the Build-
ing Official to the contrary.
(b) Within 24 hours of the receipt of the written appeal of request,
the City Clerk will advise the Building Official and within the same time fix
the date and time for a hearing by the City Council which date must be not
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more than 30 days from the date the appeal or request is filed. The City Clerk
shall give notice of said hearing to the applicant by registered mail and to
the Building Official in writing. The City Clerk will further cause a notice
of said hearing, describing the place, date, and time, to be posted on the
property involved and publish the same notice in a newspaper of general circu-
lation within the city at least five days prior thereto.
(c) At the place and time of hearing, the City Council shall examine
all data presented and consider all presentations by interested parties who
desire to be heard. The City Council shall make written findings of the evi-
dence as to whether or not the buildings or structures are unsafe and are a
nuisance as defined in this Code, and shall further make an order based upon
its findings.
(d) The provisions of this section shall not serve to terminate or
otherwise affect variances, permits, or other adjustments existing prior to
the adoption of this Code when so duly authorized by the City Council or the
Building Official.
SECTION 4. Section 8-4 of the Lynwood City Code is amended to read as
follows:
Section 8-4. Building Code, Fire Zones.
(a) For the purpose of this Code, the entire incorporated area of
the city is hereby declared to be and hereby established as a fire district,
and said fire district shall be classified in either of two fire zones which
shall be known and designated as Fire Zone 2 and Fire Zone 3. All land and
structures within the city included in Fire Zones 2 and 3 shall be restricted
by such zones in the manner prescribed by this Code.
(b) Fire Zone 2 shall include all territory within the city now or
hereafter zoned or used for commercial purposes pursuant to the city zoning
ordinances. All other parts of the city now or hereafter not so zoned shall
be included in Fire Zone 3.
SECTION 5. Section 8-5 of the Lynwood City Code is amended to read as
follows:
Section 8-5. Building Code, Violations and Penalties.
(a) It shall be unlawful for any person, firm, or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy, or maintain any building or structure in the city,
or cause the same to be done, contrary to or in violation of any of the pro-
visions of this Code.
(b) When any building or structure is maintained in violation of
this Code or in or in violation of any notice issued pursuant thereto, the
legal representative of the city shall institute any appropriate action nec-
essary or institute proceedings in any court of competent jurisdiction in
order to prevent, restrain, correct or abate the violation.
(c) Any person, firm, or corporation violating any of the provisions
of this Code or any order made thereunder, or failing to comply with any de-
tailed statement of specifications or plans submitted and approved thereunder
or with any certificate or permits issued thereunder, within the time fixed
shall, severally and for each violation and non-compliance respectfully be
guilty of a misdemeanor punishable by a fine of not more than five hundred
dollars or by imprisonment for not more than one hundred eighty days, or by
both such fine and imprisonment.
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The imposition of a penalty or penalties for any violation or non-
compliance shall not excuse said violation or non-compliance nor permit it to
continue. All persons incurring such a penalty or penalties shall be required
to correct or remedy such violations or non-compliance within a reasonable
time; and, when not otherwise specified, each ten days during which prohibited
conditions are maintained shall constitute a separate offense. The application
of a penalty for violation of this Code shall not be held to prevent the enforced
removal of prohibited conditions.
SECTION 6. The City Council hereby finds that local conditions, relating
in particular to the cost of administering the City Building Code requirements,
necessitates the adoption by the City of a fee schedule which differs from
that set forth in the Uniform Building Code (1982 Ed.). Therefore Table No. 3-A
of the Uniform Building Code is amended to read as follows:
TABLE N0. 3-A - BUILDING PERMIT FEES
TOTAL VALUATION FEE
$1.00 to 5500.00
$s01.00 to $2,000.00
$2,001.00 to $2s,000.00
$25,001.00 to $s0,000.00
$so,ooo.oo to $loo,ooo.oo
$100,001.00 and up
$50.00
$50.00 for the first $s00.00 plus
$2.00 for each additional $100.00
or fraction thereof, to and includ-
ing $2,000.00.
$63.00 for the first $2,000.00 plus
$8.00 for each additional $1,000.00
or fraction thereof, to and including
$2_s,000.00.
$245.00 for the first $2s,000.00 plus
$6.00 for each additional $1,000.00
or fraction thereof, to and including
$s0,000.00.
$397.00 for the first $50,000.00 plus
$4.00 for each additional $1,000.00
or fraction thereof, to and including
$100,000.00.
$s89.00 for the first $100,000.00 plus
$3.00 for each additional $1,000.00
or fraction thereof.
OTHER INSPECTION FEES:
1. Inspections outside of normal business
hours . $2s.00 per hour
(minimum charge - two hours)
2. Reinspection fee assessed under provision
Section 305(g) $2s.00 per hour
3. Inspections for which no fee is
specifically indicated $2s.00 per hour
(minimum charge - one hour)
4. Plan review Per Sec. 304(b)
of the Uniform
Building Code
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5. Additional. plan review required by
changes, additions or revisions to
approved plans $25.00 per hour
(minimum charge - one hour) plus Consultant
costs as applicable
6. Special Permit Fee - temprary structures
and other permits not otherwise set forth
herein $50.00
Such fees may be adjusted from time to time by resolution of the City Council.
SECTION 7. Any modification or alterations of the Uniform Building Code
(1982 Ed.) contained in this Ordinance are expressly found to be necessary as
an accomodation of the local administrative needs of the City of Lynwood and are
not intended to modify any substantive building or materials requirements of the
Uniform Building Code.
SECTION 8. Severability. If any section, subsection, subdivision, sentence,
clause, phrase or portion of this ordinance, or the application thereof to any
person or place, 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 portions of this ordinance or itsappli-
cation to other persons or places. The City Council hereby declares that it
would have adopted this ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases,
or portions, or the application thereof to any person or place, be declared
invalid or unconstitutional.
SECTION 9. The City Clerk is hereby ordered and directed to certify to
the passage of this ordinance and to cause the same to be published once in
the Lynwood Press, a newspaper of general circulation, printed, published
and circulated in the City of Lynwood.
First read at a regular meeting of the City Council of said City held
on the 19thday of February >1985 and finally ordered published at a
regular meeting of said Council held on the 5th day of March 1985•
AYES: COUNCILMEN HENNING, MORRIS, ROWE, THOMPSON, BYORK
NOES: NONE
ABSENT: NONE
MAY OF THE CIT OF LYNWOOD
ATTEST:
CITY CLERK OF THE CITY OF L OOD
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
t~ ~~~~ s
' y Attorney Patrick P. Importixna, Director
Community Development Department
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and
ex-officio clerk of the Council of said City, do hereby certify that the
above is a true and correct copy of Ordinance No. 127 adopted by
the City Council of the City of Lynwood, and that the same was passed on
the date and by the vote therein stated.
Dated this 6th day of March 19135.
!SEAL)
City Clerk, City of Lynwoo~~