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HomeMy Public PortalAboutOrd. 1250ORDINANCE N0. 1250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 17A, UNIFORM MECHANICAL CODE, TO THE CODE OF THE CITY OF LYNWOOD THEREBY ADOPTING BY REFERENCE THE UNIFORM MECHANICAL COPE, 1982 EDITION, AND REPEALING ALL OTHER ORDINADICES OR PARTS THEREOF IN CONFLICT HEREWITH. The City Council of the City of Lynwood hereby does ordain as follows: SECTION 1. Chapter 17A hereby is added to the Code of the City of Lynwood to read as follows: CHAPTER 17A UPIIFORr? MECHANICAL CODE Section 17A-1. Adoption of Uniform Mechanical Code b Reference. LJith the exception of additions and amendments hereinafter set forth in this Chapter, there is hereby adopted by referenc the following code for the City of Lynwood: Uniform Mechanical Code, 1982 Edition, with Appendices A and B, Copy- right 1982 by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, and by the International Confer- ence of Building Officials, 5360 South Workman Mill Road, Whittier, California. Section 17A-2. Uniform Mechanical Code - Amendments, Additions and Deletions. Said uniform Mechanical Code as adopted by Section 17A-1 is hereby amended as follows: (1) Section 203 of Chapter 2, Organization and Enforcement, is hereby amended to read as follows: (a) P.ight 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 Building Code, 1982 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 Commumity 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 reasonably 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 Development Department or his authorized representative while in the performance of his duties from entering upon and into any and all buildings or premises within the city. Section 203. Board of Appeals. Within thirty (30) days after the Director of the Community Development Department has rejected an application for a permit or otherwise made a ruling adverse to the applicant, the appli- cant may file a written appeal or request for a hearing with the City Clerk stating in detail the reasons why the pemit should be granted or the ruling should be reversed or modified, notwithstanding the opinion of the Director of the Community Development Department to the contrary. (a) 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 no 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 the Community Development Department 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 inv~ved and published in a newspaper of general circu- lation within the city at least five (5) days prior thereto. (b) At the place and time of hearing, the City Council shall examine ali 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. (c) The provisions of this section shall not serve to terminate or otherwise 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. (d) That a new Section, to be known, numbered and designated as Section 308. Fees and Refunds. shall be and the same is hereby added to said Chapter 3, Permits and Inspection, and shall read as follows: Section 308-1. 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. Section 308-2. Refund. In the event that any person shall have ob- tained a pemit or pad a plan checking fee and no portion of the work or construction covered by such permit shall have been performed or commenced of 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 for fees authorized by the Building Official shall require approval by the City Manager. Section 17A-3. Uniform Mechanical Code - Technical Codes Filed in Office of City Clerk. Three (3) full and complete printed copies of said Code in book form were heretofore by this Council ordered filed in the Office of the City Clerk of said City, open to public inspection; and pursuant to said order, the said Uniform Mechanical Code, 1982 Edition (with its Appen- dices A and B) therein referred to was so actually filed in the off ice of said City Clerk in the City Hall of said City, and open to public inspection, exam- ination and use by the public. Section 17A-4. Uniform Mechanical Code - Penalties. Any person violating or failing to comply with any provision of this Code or committing any act or omission to act declared to be a misdemeanor or unlawful by this Code where no specific penalty is provided therefore, shall be punished by fine not exceeding five hundred dollars ($500.00) or imprisonment not exceed- ing six (6) months, or both, such fine and imprisonment in the discretion of the court. Each day any violation of this Code or any other ordinance of the City shall constitute a separate offense. (Code 1961, Sec. 1.7) - 2 - SECTION 2. All previous Sections of the Lynwood City Code and all other ordinances or parts of ordinances, in conflict herewith, are hereby repealed. SECTIOP; 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 heldto 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 than 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: COUNCILMEN HENNING, MORRIS, ROWS, THOMPSON, BYORK NOES: NONE ABSENT: NONE i MAY OF THE CITY OF YNWOOD ATTEST: CITY CLERK OF THE CITY OF LY OOD APPROVED AS TO FORM: APPROVED AS TO CONTENT: l~Y1 ~ ~ G?~~~~ " y Attorney Patrick P. Imports a, Director Community Development Department - 3 - STATE OF CALIFORNIA ) ss. COUNTY OF LOS AP~GELES ) 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. 1250 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 Parch lupF, _ , csEAL) ~~ ~~ City Clerk, City of Lynwood