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HomeMy WebLinkAboutORD 095 (1956)501 ORDINAX .XO, 95 �. i AN ORDINANCE OF THE CITY "OF TUSTIN REGULATING THE ERECTrON CONSTRUCTION, IMARGEMENT,P -AL- TERATION, REPAIR MOVING, >REMOVAL., EEMOLITION, CONVERSION" OCCUPANCY; EQUIPMENT;"USE. ,' HEIGHT, AREA AND ' MAINTENANCE' OF.. ALL B TILDINGS' AND/OR STRUCTURES, SIDEWALKS.,TS STREEAND PRIVATE DRIVEWAY AY IN ME CITY OF-TUSTIN; PROVIDING"FOR THE ISSUANCE OF -, `PERMITS, CMILEC-' TION OF FEES""THERPFt7R'; "'PROVIDING- PENALTIES FOR THE VIOLATIi3N-7THEREOFr DECLARING' ANIS 'ESTABLISHING FIRE ZONES; REPEALING"ORDINANCES'NOS. 70 and 77 OF THE CITY OF TUSTIN, AND ALL, OTHER' ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. "The City Council of the City of Tustin does ordain as follows: Section 1. That certain document;,. three "copies of whieh "are on file in the office of the City Clerk of the City of Tustin, being marked and designatedas "Uniform. Building Code 1955 Edition", published by Pacific Coast Building Officials `. Conference, be and. the same is hereby adopted as the Building Code of the City of Tustin,, also known as UniforIm Building Code, .for,regulating the erection, construction, enlargement, altera- +' f tion, repair, moving, removal, demolition, conversion, ode upcy equipment, use, height, area.and mainte4=ce of all buildings and/or structures in the City of Tustin providing for issuance oT' permits and collection of fees therefor; providing penalties for violation of'such Code; declaring and establishing.fire zones; and each and_.all of ,the regulations, prOV- Sil,aas, penalties, conditions and terio of " such Unifora�' Building Code 195.5 Edition published by the Pacif=io Qioaat, Bdild ng Offiol, s Conference .on file " in the office of , the City Clerk "are hereby referred to, adopted and made a part: hereof as though full set out in this. y_ . Ordinance, Section 2- AD3ITIONS" TO" UNIFORM -"B UILDING CODP. The ` C� following sub-sections"and paragraphs hereby'are added to'the F � aforesaid" Uniform Building Code 19,E Ed.ition,- and made apart thereof and shall have. full force andeffect in the City of Tustin: (,a) . Tai" Section 202" as: sub-8det on. (f) BUI'LDING tiF ICZAL. The Building f ffi i al hereby is authorized "and it, shall be his duty. to ` enforcethe provision s of 'the Electrical } F ii Code (Ordinance No. 81) and the.Plumbing'Code (Ordinance Nos. 57 and 78,' as amended, and Ordinance No. '79) and the Zoning Code (Ordinanee.No..71, as amended)', and such amendments to the afore- said Ordinances as there may be made thereto from time to time, and such other Ord:inaneesas may be adopted from time to time in which further duties are specifically assigned to him. No oversight or dereliction on the..part of the Building Of- ficial or any of ;his deputies shAll make lawful the violation of any of the provisions of any Ordinance• of the City of Tustin. (b) To Section 303 (b) at the and of the paragraph add the following words: " ; provided, however, that said plan check fee shall in no event be less than a minimum charge of 42'000." (c) To Section 303 as sub -section (c) - INSPECTION FEES For each inspection required under this Ordinance known as,the Uniform Building Code, the builder must pay the sure of $2.00, and this shall apply to all called inspections which reveal de - festive or incomplete work requiring re-Uspection. In detarmiiaing the t6tal cost of the building permit and 'in- spection-fees, n-spection fees, that money due for the building permit as pro vided for in- Seetiok­�,303 (a) shall first be used to cover the cost of issuing the permit which is hereby affixed at $1.00, and them to eover, the. cost of inspections- as provided for 'in this seetiou, and that if it is insufficient to cover such costs, then additional moneys shall be paid by the builder either from the inspection fee deposit or directly from the builder before the; final inspection 'shall have been completed. € _ (d) To.Section 303 as sub -section (d.) `- INSPECTION FEE DEPOSIT:_ That before any,building permit is issued there must be deposited with the issuing official a fee to cover the cost of inspections required for the proper`'eompletion of the con- struetion authorized by the said permit, a fee deposit from which the costs of the building permit may be taken, but which ` shall not, in any evens be less than '$12.00. If after the final' inspection of the construction the whole of said $12.00 shall f not have neen used to drfray the cost of the inspections and per- mit fees PP the applicant shall be entitled to a`refund of that amount paid in excess of the cost of the building permit and the j 0t1 cost of inspections for said building,' f any. The Treasurer of the City of''Tust n is hereby authorized upon completion of'the construction done under -the permit to . pay such refund of the inspection fee deposit as may be'certi- fied to by the Building Official. x Section 3. CONCRETE CURBS, GUTTERS AICD SIDEWALKS: The lack . of sidewalks in the City of Tustin in many . instances forces pedes- trians, particularly school children, to walk in the street and be - subjected to the hazards of' vehicular traffic, and the` lack of said walks during- rainy weather has been the indirect cause of sickness resulting from walking in mud or water along the streets or dirt sidewalks; and the lack of -concrete curbs and gutters in the City ,of Tustin makes for poor drainage', puddles of grater, difficult street sweeping and the accumulation of filth; and the I lack of said concrete curbs and gutters results in no proper place for garbage- and rubbish receptacles, and subjects such containers to the hazards of vehicular .traffic and unnecessary spilling of garbage and destruction of containers, and the lack jof said concrete curbs and gutters'subjects-children or pedes- trians in the normal sdewalk'area to accidental injury, by 4e- hicular trafflo; and the existance of dirt sidewalks and dirt eurbs'or..gutters adjoining dwellings and buildings within 'the City of Tustin. or conversely, the lack of - adequate curbs, gutters and sidewalks, is hereby found and declared to be det- rimental to the general welfare, dangerous to public health and safety of the 'inhabitants of said City. (a) Any owner, lessee or<agent constructing or arranging j for !the construction of A building -'or dwelling shall also pro- gide for the eonstruetion of'combination curbs and gutters out of cement and: cement sidewalks -.'in accordance. with. City Specifi= { cations, unless adequate curbs, gutters and sidewalks already exist'along'ill street frontage adjoining the lot or lots on i Which ,--`the building or `'dwelling 'is to be constructed, provided, however, that in areas not subdivided or parceled into one-half__ acre or sisal'ler lots, the curb and 'gutter and..sidewalk need not extend,'a'greater distance than the sideyards, or side and rear � l yards 'in ;the case of corner kits, as required by the Zoning -; a Ordinance of the City- of Tustin (Ordinance No. 71s as amended). (b) The Bulding'Inspector shall deny final approval and aceeptanee or final public utility connections to any building ox -dwelling until,,said.curbs and gutters and sidewalks exist or are constructed or their construction is guaranteed by cash de- posited with the City of Tustin in a sum equal to $1.50_ .per_ lineal foot for combination cement -curbs and gutters and 35y per square foot for -sidewalks. x Section 4. PRIVATE DRIVEWAYS ENTERING STREET. No person shall construct,alter or enter any public street by the con struction or repairing` of a, private driveway witho-ut first ob— taining a permit from the City Clerk approved,by the Cty.En- gineer, .whish permit shall,.:,set forth the nature, location of the work to be done, the specifications and materdal to be used in said construction.The permit fee shall: be ,$3.00 and, this shall be in addition to any permit required for said construe tion as provided in Section 1 of this. Ordinance. Section 5. That 'Ord ranee No. 70 of the City . of Tustin entitled "An Ordinance' of the --City of Tustin Regulating; the Erection, Construction, Eniargement,. Alteration, Repair,, Moving, Removal Demolition, Conversion, Occupancy,- Equipment, Use, Height, Area and Maintenance of all: Buildings and/or Structures in the, City of Tustin; Providing for the 'Issuance .of Permits and Collection of Fees Therefor; Providing Penalties for the Violation`' Thereof; Declaring and Establishing Fire Zones; and Repealing Ordinance No. 56 of the City of Tustin,' and that Ord anee No., 77 of the City of Tustin entitled "An Ordinance of the City of Tustin Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion,. Demolition, Occupancy, Equipment, Use, Height, Area and Main.- tenance of Buildings or Structures in the City of Tustin; Pro- viding for the Issuance of Permits and Colleetion of Fees Therefor; 'F xin$, of Inspection Fees; Declaring ;and Establishing Fire Districts; Providing7Penalties for the Violation 'Ther..eof. and Repealing Sections 1, 3, 4, 5s 6, 7, 8 and 9 of Ordinance. No. 70st' and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. f Section 6. 'That the entire incorporated area of the City of Tustin is hereby declared to be and is hereby established as. a fire distriet.and said fire district shall be known and desig- nated as "Fire Zones 1, 2 and 3," and.each-::such zone shall In - elude such territory or portions of.•sa d City,as 'illustrated, outlined., and, designated on a certain reap on file in the office of the City Clerk of the City of Tustin,, being-. marked and ' desig- hated as "Fire Zones of the City of Tustins,".Is hereby adopted as the fire zoning map of the City of Tustin for the application of the regulations included in the Uniform Building Code 1955 Edition published by the Pacific Coast Building Officials Con ferenee. Section 70''VA II)ITY. If any section, sub -section sentence, clause, phrase or portion of this Ordinance -is for any reason held to be invalidd or unconstitutional by the decision of any court of competent jurisdiction, such decisionshallnot affect the validity of the remaining portions Qf.:this Ordinance. The Council hereby, dec arez ,:that it would have adopted this Ordin- anee and each 'section,'sub-section, sentence, clause or phrase or portion thereof, irrespective of the fact that anyone or more sections, sub -sections, clauses, phrases or portions be declared invalid or unconstitutional. Section 84, TheCity Clerk shall certify to the passage of this Ordinance andshall cause the same to:be published once in the Tustin` News, a weekly newspaper` of general air- eulation, printed, published: and: circulated in the City of Tustin, Orange County, California, and said. Ordinance shall take effect and be in full force -and effect. thirty (30) days from the date of its final: passage and adoption. PASSED AND ADOFTE by`the City Council of the City of Tustin on the 23rd day of January, 19564 ATTEST: Mayor 1'&�ACfd AM��,WAIAJ �21A CityTrerk. r, a regular meeting of the City Council held on the 9th day of January, 1956, and was regularly passed and adopted at a regular meeting of the City Council held on the.23rd _day of January., 1956, by the following vote: AYES: Councilmen: Kidd, Tadlock,Park, Bacon, Byrd. NOES: Councilmen: None ABSENT: Councilmen: None i ii, ty Clerk o ,the Ci o Tustin, Calif