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Home My Public Portal AboutOrd. 1032ORDINANCE NO. 1032 AN ORDINANCL; OF THE CITY COUNCIL, OF THE CITY Of' LYNL4O0D PROVIDING FOR THE PROTECTION OF PUBLIC HEALTH, LIFi~ AD'D SAFETY THROUGH ADOPTION BY REFEREt:'CF Of' THE NATIONAL L•'LECTRICAL CODE 1978 EDITION, ESTABLISHING TH!3 DFPAf?T--~ MENT OF PUBLIC SAFETY 'P.S 'Cf1F. CONTROLLING AUTHORITY, ADDING AN AFPFAL PROCEDURf'~6-, AND RFPEAI,ING P.LL OTHER ORDINANCES OR PARTS THEREOF ID? COTdFLICT HEF,F~WITH. The City Council of the City of Lynwood hereby does ordain as follows: CHAPTF_R 11 NATIONAL ELECTRICAL CODE 1978 EDITION Sec. 11-1 National Electrical Code 1978 Edition There is hereby adopted by the City Council f.or the purpose of prescribing reau]ations,to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulation and controlling the design, construction, qualitti. of materials, use and occupancy, location and maintenance of all. ,buildings and si:ruc- tures within the City, and certain equipment specifically regulated herein, that certain code known as the National Electrical. Cods= ].~`'8 q.-o Edition pro ~ Association tut.e,except amended, or nulgated and published by the National Tire Protect.ien under the auspices of. the American 1`Tatienal Standards Insti- such portions thereof as the hereir,'after deleted, mr>di.fi.ed, added. Not~less than three copies of said Code and Cte~ndards are filed ir, the office of the City Clerk. The same, with t]te cxc=p- tions, deletions, modifications, amendments, and additions afor.esai<9, i 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 SECTION 1. Chapter 11 of the Code of the City of I_yr~~aood hereby is amended to read as follows: effect, the Public Safety Director as head of the Department of i a i r~ of Public Safety, as authorized to administer and enforce their regu- lations, and the provisions thereof shall be controlling within the ,, limits of the City. Sec. 11-2 National Electrical Code 1978 Edition Additions, Amendments, and Modifications. The National Electrical Code 1978 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 Public Safety Director or his authorized representative Yeas reasonable cause to believe that there exists in any buildings or upon any premises, any conditions which makes such buildings or premises unsafe as de- fined in Section 203 of the Uniform Building Code 1973 F,dition, the Public Safety Director 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 Public Safety Director 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 not- withstanding, the Public Safety Director or his authorized representa- tive may enter a building or premises to inspect the same or to per- form any duty imposed upon the Public Safety Director by this Code without the necessity of first obtaining an inspection warrant when- ever said Public Safety Director reasonably believes that said building or premises is so damaged or defective as to cause an immedi- ate danger to human life or an immediate hazard to public safety. No person shall hinder or prevent the Public Safety Director or his authorized representative while in the performance or his duties from entering upon and into any and all buildings or a; premises within the City., Sec. 11-3 National Electrica]_Code ].978 Edition~A eal a) Alithin thirty (30) days after the Director of Public Safety 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 granted or the ruling should be reversed or modified, notwithstanding the opinion of the Director of Public Safety'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 Fublic Safety 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 an d. to the Director of Public Safety 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 evidence 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 termi- nate 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 Fublic Safety. Electrical cnrla i 4~a tea; 4: __ .,_ _ , ... r3 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. s rq~ I ;. f b) When any building or structure is maintained in viola- tion 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 there- under, or failing to comply with any detailed statement of specifica- tions,or plans submitted and approved thereunder, within the time fixed shall, severally and for each violation and non -compliance respectively 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 days (180), or both such fine and imprisonment. The imposition of a penalty or penalties for any viola- tion or non-compliance shall not excuse said violation or non- com- pliance 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 said National Electrical Code shall not be held to prevent the enforced removal of prohibited conditions. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining 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. t SECTION 3. All previous Sections of the Lynwood City Code and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION 4. 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 adoption thereof in the records of the proceedings of the City 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 geneial circulations, pub- - ~ --=~ ~-+•. =„a uihinh ;s hereby designated ADOPTED AND APPROVED ON THE z~th day of Juhe , 1978. •• a~it.~. L ~a . Y Y ATTEST: City Clerk, City o Lyn od ~ f 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. 1032 adopted by the City Council of the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 21st day of June 19T$ City Clerk, City of Lynwood /~