Loading...
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. - 2 ~, 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 - 3 - 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. - 4 - 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 - 5 - 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 - 6 - 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~~