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HomeMy Public PortalAboutOrd. 1249ORDINANCE N0. 1249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROVIDING FOR THE PROTECTION OF PUBLIC HEALTH, LIFE AND SAFETY THROUGH ADOPTION BY REFERENCE OF THE NATIONAL ELECTRICAL CODE, 1984 EDITION, ESTABLISHING THE COMMUNITY DEVELOPMENT DEPARTMENT AS THE CONTROLLING AUTHORITY, ADD- ING AN APPEAL PROCEDURE, AND REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH. The City Council of the City of Lynwood hereby does ordain as follows: SECTION 1. Chapter 11 of the Code of the City of Lynwood hereby is amended to read as follows: CHAPTER 11 NATIONAL ELECTRICAL CODE, 1984 EDITION Section 11-1 National Electrical Code, 1984 Edition 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 regulation and controlling the design, construction, quality of materials, use and occupancy, location and mainten- ance of all buildings and structures within the city, and certain equipment specifically regulated herein, that certain code known as the National Elec- trical Code, 1984~Edition, promulgated and published by the National Fire Pro- tection.,Association under the auspices of the American National Standards Institute, except such portions thereof as the hereinafter deleted, modified, amended, or added. Not less than three copies of said Code and Standards are filed in the office of the City Clerk. The same, with the exceptions, dele- tions, modifications, amendments, and additions aforesaid, are hereby adopted and incorporated as fully as if set out at length herein. From and after the date on which this chapter shall take effect, the Director of the Community Development Department as head of the Community Development Department, as authorized to administer and enforce their regulations, and the provisions thereof shall be controlling within the limits of the city. Section 11-2.National Electrical Code, 1984 Edition Additions Amendments, and Modifications. The National Electrical Code, 1984 Edition, as adopted by this chapter, is hereby further amended, modified, or deletions made therefrom, in the following respects: a) Right of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this Code,or whenever the~Director of the Community Development Department or his authorized representative has reason- able cause to believe that there exists in any buildings or"upon any premises, any conditions which makes .such buildings or premises unsafe as defined in Section 203 of the Uniform Building Code, 1984 Edition, the Director of the Community Development Department or his authorized representative may enter such buildings or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Director of the Community Development Department by this Code; provided however, that no such entry shall be made unless an inspection warrant authorizing the same has first been issued. Any other provisions herein contained to the contrary notwithstand- ing, the Director of the Community Development Department or his authorized representative may enter a building or premises to inspect the same or to perform any duty imposed upon the Director of the Community Development Department by this code without the necessity of first obtaining an inspection warrant whenever said Director reasonable believes that said building or pre- mises 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 Director of the Community De- velopment Department or his authorized representative~ah~I'e in the performance of his duties from entering upon and into any and all bui]_dings or premises within the city. Section 11-3 National Electrical Code 1984 Edition Appeal. a) Within thirty (3~) days after the Director of the Community De- velopment Department has rejected an application of 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 should be reversed or modified, notwith- standing the opinion of the Director of the Community Development Department to the contrary. b) On or before the day next following the receipt of the written appeal or request, the City Clerk shall advise the Director of the Community Development Department and within the same time fix the date and time for a hearing by the City Council, which date must not be more than thirty (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 Director of Community Development in writing. The City Clerk shall further cause a notice of said hearing, describing the place, date, and time thereof, to be posted on the property involved and published in a newspaper of general circulation within the city at least five (5) 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 permit should be granted or the ruling reversed or modified. d) The provisions of this section shall not serve to terminate or other- wise affect appeals, rulings, permits, or adjustments existing prior to the adoption of this Code when so duly authorized by the City Council or the Director of the Community Development Department. Section 11-4 National Electrical Code, 1984 Edition, 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 provisions of the National Electrical Code adopted by this article. b) When any building or structure is maintained in violation of said National Electrical Code in violation of any notice issued pursuant thereto, the legal representative of the city shall institute any appropriate action necessary 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 said National Electrical Code or any order made thereunder, or failing to comply with any detailed statement of specifications or plans submitted and approved thereunder, within the time fixed shall, severally and for each viola- tion and non-compliance respetively be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than one hundred eighty (180) days, or both such fine and imprison- ment. Section 11-4. Refund. In the event that any person shall have ob- _ta-fined a permit or paida plan checking fee and no portion of the work or construction covered by such permit shall have been performed or commenced or such permit shall have been cancelled without any work having been done, the permittee, upon presentation to the Administrative Authority of a request therefor in writing shall be entitled to a refund. All refunds shall require approval by the City Manager. Section 11-4. Fees. Before any permit required by this division is granted, the person making application therefor shall pay to the City Clerk a fee in an amount established by the resolution of the City Council. - 2 - 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 such a penalty or penalties shall be required to correct or remedy such violations or non-compliance with- in a reasonable time; and, when not otherwise specified, each ten (10) days during which prohibited conditions are maintained shall constitute a separate offense. The application of a penalty for violation of said National Electrical Code shall not be held to prevent the enforced removal of prohibited conditions. SECTION 2. All previous Sections of the Lynwood City Code and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION 3. 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 the ordinance or its application 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 in- valid or unconstitutional. SECTION 4. 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 cir- culated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 19th,day of February 1985, and finally ordered published at a regular meeting of said Council held on the 5th day of March 1985. AYES: COUNCILD~EN HENNING, MORRIS, ROWS, THOMPSON, BYORK NOES: None ABSENT: None ~~~ hfAYOR OF THE CITY OF YNWOOD ATTEST: CITY CLERK OF THE CZTY OF NWOOD APPROVED AS TO FORM: APPROVED AS TO CONTENT: L ~~`-~ i 'ty At orney Patrick P. Importu Director Community Develop~ent Department - 3 - 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. 12~1~ 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 IuQF, (SEAL) ~~~ ~~~ City Clerk, City of Lynwood ~