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HomeMy Public PortalAboutOrd. 1031ORDINF:NCE A?O. 1031 r P_N ORDINANCE OF THE CI7`Y COUNCIL OF THE CITY OF' hYNWOOD ADDING CHAPTER 17A, "UNIFORM MECHANICAL CODES", TG TE'E CODE OF THE CITY OF LYNWOOD THEREBY ADOPTING BY REFEREt~'C'' 'IHE UNIFORM MECHANICAL CODE, 1976 EDITION. The City Council of the City of Lynwood hereby does ordain es follows: SECTION 1. Chapter 17A hereby is added to the Code of the City of Lynwood to read as follows: CHAPTER 17A UNIFORM MECHANICAL CODS SECTION 17A-1. Adoption of Uniform rechanical Code by Reference. With the exception of additions and amendments hereinafter set forth in. this Chapter, there is hereby adopted by reference the following code for the City of Lynwood, to wi.t: "t7niform Mechanical Code, 1976 Edition, with Appendi.xc;; A and B, Copyright 1976 by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, and by the International Conference of Building Officials, 5360 South Workman Mill Road, Stihi.ttier, California Section 17A-2. Uniform Mechanical Code - Amendments, Additions and Deletions. Said "Uniform hechanical Code" as adopted by Section 17A-1 is hereby amended as follows: (1) Section 203 of Chapter .2."O rganization and Enforce.-- ment" is hereby amended to read as follows: "Section 203. Board of Appeals. In order to deter- mine whether alternate materials and/or types of construction permitted by this Code, and to provide for reasonable interpre±a.-. tion of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five (5) members. The membership of the Board of Appeals shall be composed. of the Chairman and other members of the City Planniua Commission. The Director. of Building shall be an ex-officio member and shall sit as Secretary of the Board. The Board steal]. adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant within fourteen (14) days from date of such action. The action of the Board of Appeals in approving or denying an appeal shall be final and conclusive, unless within ten (10) days following the date of notification to the appellant an appeal in writing is filed with the City Clerk. Upon receipt of a written appeal filed with the City Clerk by applicant or an opponent, the City Clerk shall set a date of hearing before the. City Council no longer than sixty (60 ). days following receipt of an appeal and shall notify the appellant of the date set for hearing. Upon receipt of such written appeal filed with the City Clerk by-the applicant or an opponent, the City Clerk shall advise the Secretary of the Board of Appeals, who shall transmit to the City Clerk a copy of the Board of Appeals' record of said case. Within sixty (60) days following receipt of a written appeal to alter the decision of a Board of Appeals, the City Cou3icil shall hold a hearing. The City Council shall announce its findings and decision by resolution. Such findings and decision.by the City Council shall be final and conclusive. (2) That a new Section, to be known, numbered and designated as "Sec. 307. Plan Checking Fees" shall be and the same is hereby added to Chapter 3 "Permits and Inspection," and which shall read as follows, to wit:' "Sec. 307.' Plan Checking Fees.' When as required by Sec. 302 (b), plans are submitted for plan checking approval, a plan checking fee shall be paid to the City. Such fee shall be the greater of: 2. '- ~, _~ ..... .- , ~.. .. (a) A rate of $15.00 per hour, prorated to the nearest one-half hour of time actually spent in checking the submitted plan, or; (b) The actual cost to the City'for checking engin- eering services, or; (c) A minimum of ten dollars .($10.00). Such fee shall be paid before issuance of a permit.. (3) That a new Section, to be known, numbered and designated as "Sec. 308. Refund" shall be and the same is hereby added to said Chapter 3 "Permits and Inspection," and which shall read. as follows, to wit: "Sec. 308: Refund. In the event that any person shall have obtained a permit or paid a 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 there- for in writing shall be entitled to a refund in an amount equal to eighty percent (80%) in excess of five dollars ($5.00) of the fee actually paid for such permit or plan checking fee. The Administrative Authority shall satisfy himself as to the right of the applicant to such a refund, and each such refund shall be paid as provided for the payment, of claims against the City. Section 17A-3. Uniform Mechanical Code - Technical Codes Filed in Office of City Clerk: Three full and cornplete printed copies of said Code in book form were heretofore by this Council on the ~ day of Q~~,,,~, 1978, ordered filed in the v Office of the City Clerk of said City, open to public inspection; and pursuant to said order, the said "Uniform Mechanical Code, 1876 Edition (with its Appendixes A and B)" therein referred to was so actually filed in the office of said City Clerk in the City Hall of said City on the 7~ti day of ,,P~ 1978,'and ~~ open to public inspection, examination and use by the public. 3. 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 therefor, shall be punished by fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding 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) SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or uncon- stitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portions of this ordinance. The City Council of the City of Lynwood hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTIODT 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adotpion thereof in the records o£ the proceedings of the City ~',•,~uv .1. ''. {:. l 1} [ 3. T y 't. '~ Ml..• r L ~ 3-.- 1i -.~,c---.-..__ _ Council of said City in the minutes of the meeting at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause-the same to be published once in the Lynwood Press, a newspaper of general circulation, published and circulated in said City, and which is hereby designated for that purpose. ADOPTED AND APPROVED ON THE ,~ ~ ,~,/~ day of ~- 1978. AT EST: ~ R ~, , As-~-z/ City Clerk U ~C,EOR~G~~W. HLG'GTN / Mayor of t'~ie City of Lynwood 5. 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. 1031 adopted by the City Council o£ the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 21st day of June ~ lg~•P City Clerk, City o Lynwood