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HomeMy Public PortalAboutOrd. 1118 ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF LYNWOOD PROVIDING FOR THE PROTECTION OF PUBLIC HEALTH, LIFE AND SAFETY THROUGH ADOPTION BY REFERENCE OF THE UNIFORM BUILDING CODE (1979 ED.) AND "STANDARDS", ESTABLISHING THE BUILDING DEPARTMENT AS THE CON- TROLLING AUTHORITY, ADDING AN APPEAL PROCEDURE, 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 THEREOF 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 8-1. Building Code, Established. A. There is hereby adopted by the City Council for the purpose of prescribing regulations to provide minimum standards to safeguard life and limb, health, property, and public wel- fare 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 (1979 Ed.) together with the appendix therein contained, and the Uniform Building Code Standards (1979 Ed.) promulgated and published by the International Conference of Building Officials, except sections 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 herein- after 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, deletions, modifications, amendments, and additions aforesaid, 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 Head of the Building Depart- ment, is authorized to administer and enforce these regula- tions, 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 Ordinances (1) to Building Official shall mean the Director of Building and Planning or his duly appoint- ed representative, (2) to Planning Director shall mean the Director of Building and Planning, (3) to City Manager shall mean the City Manager or his duly appointed representative, (4) to UBC shall mean the 1979 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 inspec- tion to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has tea- sonable 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 en- ter such building or premises at all reasonable times to in- spect 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 repre- sentative 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 inspec- tion warrant whenever said Building Official reasonably be- lieves that said building or premises is so damaged or defec- tive as to cause an immediate danger to human life or an imme- diate hazard to public safety. No person shall hinder or prevent the Building Offi- cial 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. B. Unsafe Buildings. (a) Whenever the Building Official determines by in- spection that a building or structure is (i) structually un- safe; (ii) not provided with adequate egress, (iii) a fire hazard; (iv) otherwise dangerous to human life; or (v) in rela- cion to existing uses, a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, as specified in the Uniform Build- ing Code (1979 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, rehabili- tation, demolition 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 re- ported as dangerous or damaged, and if he finds any such build- ing 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 re- pairs 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 stipulated 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 Official. -2- 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 notice shall not affect in any manner the validity of any proceedings taken hereunder. 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 noti- fied. 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. As used in this section, "party concerned", means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mort- gage, trust deed or other lien or encumbrance or record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located. (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 public hearing regarding the unsafe condition and/or nuisance condition of the buildings or structures. Such re- quest and hearing shall follow the same procedures as stated in Section 8.4 (e) Unsafe or nuisance buildings shall be abated by repair or demolition and such proceedings shall follow the pro- cedures of abatement as contained 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. -3- 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 (1979 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 inte- gral part of the building structure. E. Fee Refunds. All refunds for fees authorized by the Building Official shall require final 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 ap- peal or request for a hearing with the City Clerk stating in detail the reasons why the permit should be granted or the rul- ing should be reversed or modified, notwithstanding the opinion of the Building 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 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 prop- erty involved and publish the same notice in a newspaper of general circulation within the city at least five days prior thereto. (c) At the place and time of hearing, the City Coun- cil shall examine all data presented and consider all presenta- tions by interested parties who desire to be heard. The City Council shall make written findings of the evidence 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 ad- justments existing prior to the adoption of this Code when so duly authorized by the City Council or the Building Official. -4- 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 incorpo- rated 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 struc- tures 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 violation of any notice issued pursuant thereto, the legal representative of the city shall institute any appropriate action necessary or institute pro- ceedings 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 detailed statement of specifications or plans submitted and approved thereunder or with any certifi- cate or permits issued thereunder, within the time fixed shall, severally and for each violation and non-compliance respect- fully 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 impri- sonment. The imposition of a penalty or penalties for any vio- lation or non-compliance shall not excuse said violation or non-compliance nor permit it to continue. All persons incurr- ing 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. -5- SECTION 6. The City Council hereby finds that local condi- tions, 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 (1979 Ed.). Therefore Table No. 3-A of the Uniform Building Code is amended to read as follows: TABLE NO. 3-A - BUILDING PERN;IT FEES TOTAL VALUATION FEE $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 and up $25.00 $25.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and in- cluding $2,000.00. $55.00 for the first $2,000.00 plus $8.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $239.00 for the first $25,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $389.00 for the first $50,000.00 plus $4.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $589.00 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 .. (minimum charge - two hours) 2. Reinspection fee assessed under provi- Section 305 (g) . 3. Inspections for which no fee is specifically indicated (minimum charge - one hour) 4. Plan review . -6- $25.00 per hour $25.00 per hour $25.00 per hour Per Sec. 304(b) of the Uniform Building Code 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 appli- cable 6. Special Permit Fee - temporary 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 modifications or alterations of the Uniform Building Code (1979 Ed.) contained in this Ordinance are ex- pressly found to be necessary as an accomodation of the local adrt~inistrative needs of the City of Lynwood and are not intend- ed to rt~odify 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 ordi- nance, 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 cort~petent jurisdiction, such decision shall not affect the validity of the remaining portions of this 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, sen- tences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or uncon- stitutional. SECTION 9. The City Clerk is hereby ordered and direct- ed 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 3rd day of February , 1981, and finally ordered published at a regular meeting of said Council held on the 17th day of February , 1981. AYES: COUNCILMEN BYORK,MORRIS,ROWE,THOMPSON,GREEN NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE ~--" 2-- ~ rL.~ MAYOR OF E CIT OF L NWOOD ATTEST: ~~ ~ ~ i / i CLAY CLERK OF THE CIT' OF NWOOD -7- t I STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, LAURENE COFFEY, City Clerk of the City of Lynwood, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 1118 , of the City Council of the City of Lynwood, and that the same has not been amended or repealed. DATED: February 18 „ 1981. City C erk of the City of ~JLynwood (SEAL) -8-