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Home My Public Portal AboutOrd. 0981~ . ~ ORDINANCE tvo. 981 , . AN ORDINANCE OF THE CITY OI' LYNWOOD PROVIDING FOR THE PROTECTION OF PUBLIC HEALTH, LIFE AND SAFETY THROUGH ADOPTION BY REFERENCE OF THE UI~IFORM BUILDING CODE (1973 ED.) AND "STAIQDARDS", ESTABLISHING THE BUILDING Dr~PARTMENT AS THE CONTROLLING AUTHORITY, ADDING AN APPEAL PROCEDURES, EXEMPTING CERTAIN MINOR WORK~ AMENDING SECTIOT~S 8-1, 8-2, 8-3, 8-4, 8-5, A~ID 8-6 OF THE LYIVWOOD CITY CODE~ AND R~PEALING 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: Sec. 8-1 Buildinq Code, Establisned. 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 welfare by regulation and controlling the design, construction, quality o£ materials, use and occupancy, location and maintenance of all buildings and structures within the City, and certain equipment specifically regulated herein, that certain code known as the Uniform Building Code (1973 Ed.) together with the appendix therein contained and the Uniform Building Code Standards (1973 Ed.) promulgated and published by International Conference of Building Officials, except such portions thereof as are hereinaf~er deleted, modified, amended, or added. Not less than three copies of said Code and Standards are filed in te office of the City Clerk. The same, with the exceptions, deletions, modifications, amendments, and additions aforesaid, are hereby adopted and incor- porated as fully as if set out at length herein. From and after the date on which this chapter shall take effect, the Building Official, as Head of the Building Department, is authorized to administer and -1- enforce~these regulations, and the provisions thereof shall b~ con~ trolling within the limits of the City. SECTION 2. Section 8-2 of the Lynwood City Code is amended to read as follows: Sec 8-2 Building Code, Additions, Amendments, and Modifications. The Uniform Building Code , as adopted by this chapter, is hereby further amended, modified, or deletions made therefrom, in the following respects: a)xight of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable 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 Section 203 of this Code, the Building Official or his authorzed representative may enter such building or premises at all reason- able times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided however, that no sucn 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 re- presentative 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 in- pection warrant whenever said Building Official reasonably believes that said building or premises is so damaged or de- fective as to cause an immediate danger to human life or an immediate hazard to public safety. No person shall hinder or prevent the Building Official or his authorized representative while in the performance of his duties from entering upon and into any and a11 buildings or premises within the City -2- b) Section 303(e), Section 303(e) is hereby added ~o read as follows: Other Fees. The following fees shall be paid before any permit is issued, inspection made, occupancy allowed, or a search of public records made, and such fees are not otherwise covered herein: 1. Search of public records fee shall be chargeable at a rate of ten dollars ($10.00) per hour or fraction thereof, provided however the minimum fee shall be ten dollars ($10.00). 2. Housing or miscellaneous inspection of existing properties fee shall be chargeable at the rate of twenty-five dollars ($25.00) per property with an additional fee of ten dollars ($10.00) per unit, after the first unit, on the same property. Such fees shall be paid prior to inspections. c) Section 304(c), Section 304(c) is hereby added to read as follows: Approvals Required. 1) No work shall be done on any part of the building or structure beyond the point successive inspection without first obtain of the Building Official or his authorized written approval shall be given only after have been made as indicated by each of the in Subsections (d) and (e). indicated in each ing the written approval representative. Such an inspection shall inspections required 2) There shall be a final inspection and approval on all buildings or structures when completed and ready for occupancy. 3) The Building Official may r~fuse to allow any or a11 of.~he public utilities to be connected to any building or struc- ture until a final approval has been issued. d) Work Exempted. The following structures are exempted from all the provisions of the Uniform Building Code except those con- tained in Chapter 45 thereof: 1) Wire, wood, and other miscellaneous type fences not over eight feet in height, and masonry type fences not over four feet in height. 2) Tents and similar cloth structures. -3- '3) ~rivate bath iiouses, green houses, pergolas, tree` ` houses, and other similar structures. 4) Gantry cranes and similar equipment when not an in- tegral part of the building structure. 5) Retaining walls that retain not more than three feet of earth unless supporting a surcharge. e) 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: Sec. 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 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 moclified, not withstanding the opinion of the Building Official to the contrary. b) On or before the day next following the receipt of the written appeal of request, the City Clerk shall advise tne Building Official and within the same time fix the date and time for a hearing by the City Council, which date must not be more than 30 days from the date the appeal or request is filed. The CityyClerk shall give notice of said hearing to the applicant by registered mail and to the Building Official in writing. The Cith Clerk shall further cause a notice of said hearing, des- cribing 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 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 -4- 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 provision 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 Building Official. SECTION 4. Section 8-4 of the Lynwood City Code is amended to read as follows: Sec. 8-4 Building Code, Fire Zones. a) For the purpose of the Building Code, adopted by this article, the entire incorporated area of the City is declared to be and hereby is established as a fire district, and said fire district shall be classified in either of two fire zones which shall be knocon and designated as Fire Zone 2 and Fire Zone 3. All land and structures within the City included in Fire Zones 2 and 3 shall be restricted by such zones in the manner prescribed by said Building Code. b) Fire Zone 2 shall include all territory within the City now ore 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: Sec. 8-5. Building Code, violations and Penalties. a) It shall be unlawful for any person, firm, or corporation to:erect, contruct, 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 Building Code adopted by this article. b) When any building or structure in maintained in violation of said IIuilding Code or in violation of any notice issued pursuant thereto, the legal representative of the City shall institute any -5- a~propriate action necessary or institute proceedings iri any' court oL 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 Building 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 certificates or permits issued thereunder, within the time fixed shall, severally and for each violation and non-compliance respectfully, be guilty of a misdemeanor punishable a fine of not more than five hundred dollars or by imprisonment for not more than one hundred eighty days, or Uy both such fine and imprisonment. 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. A11 persons incurring such a penalty or penalties shall be required to correct or remedy such violations of non-compliance within a reasonable time; and, when not otherwise specified, each ten days during cahich prohibited conditions are maintained shall constitute a separate offense. The application of a penalty for violation of said Building Code shall not be held to prevent the enforced removal of prohibited conditions. SECTIOiV 6. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance 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 this Ordinance. The City Council of the City, of Lynwood hereby declares that it would have adopted this Ordinance and each section, subsection, senctence, clause, phase, or portion thereof, ireespective of the fact that any one or more sections, subsections, clauses, phases, or portions be declared invalid or unconstitutional. SECTION 7. All previous sections of the Lynwood City Code and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION 8. This Ordinance shall become effective thirty (30) days -6- after second reading or January l, 1975, whichever is later. First read at a regular meeting of the City Council of said city held on the 19th day of November, 1g74, and finally adopted and ordered published at a regular meeting of said Council held on the 17th day of December, 1974, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Morris, Rowe. Noes: None. Absent: None. ~ Mayor o the City of Lynwood ATTEST: '~ C/ ' ~,f„i . r6i. , ~~ '~~ s t~r'_1~ City'Clerk, City of'Lynwood S7'A`i'i?, OP CALIP'CI(I;If~ ) . s;;. COL';<':,r,Y 0,~ LOS A~:'Gjl:Lr';; 1 I, Lhe under:~,i~ned, Cit;~ C7-er_< of the CiLy of Ls~nwood, anci ex-offici o clerlc oi' the Ccuncil of sa~ d city, do hci°~~by cert:~fy that the above is a tri~.e and correct copy o£ Ordinance Nr. 981 adop~eci by the City Council, of tihe Ci~y of LS~rivrood, and~ that s~rne wae passed on the date and hy the votie tiY,erein scaLed.. Dated this ~1~__ d~ay Ci __ PP~PmharJ.-~ 1~_~_4 ~1 I klGc~C ~t:~_ ~ C~ , Cit~~ C:l.et k, C~ of .,3nwoo~l ~