HomeMy WebLinkAboutPH 1 INSPEC'S SMK DET'S 12-1-80DATE:
TO:
FROH:
SUBJECT:
November 17, 1980
PUBLIC I"I~ARTNG (Continued)
No. 1
12-1-80
Corm
tIonorable Mayor and City Coundil Members
Mike Brotemarkle, Community Development Department
Issue of Mandatory vs. Voluntary Maintenance Inspections for
Smoke Detector Intallations.
In order to avoid City liability for a fire occurrence after the effective
date of required installation, a program to assure compliance must be incor-
porated into the amendment, Ordinance No. 838. Such maintenance inspections
are required by state law (Health & Safety Code) and where a city has insti-
gated a mandatory program of this nature, the courts have held that compliance
must be assured. As of January 1980, the city had 14,087 residential units
and pending annexations of over 2,000 additional residential units would bring
that to a possible total of approximately 16,150 units sometime in 1981.
Adoption of either version of the proposed ordinance will necessitate in-
creased building staff activity with resultant overtime and new staffing re-
quests. This would not only be an initial start-up increase in inspection
activity, but an on-going inspections program: e.g. removal of detectors by
previous tenant or owner, malfunctioning units, change for aesthetic reasons,
etc. This program could involve thousands of additional inspections per year.
In addition, many communities take this opportunity to assure other safety
conditions are met while inspection, as described {n the memo of November 6,
1980. Such programs have become controversial as dangerous or illegal items
are discovered during routine inspections along with smoke detector instal-
lation. Cities such as Gardena have had packed City Council meetings by real
estate professionals, home buyers, and sellers, future apartment tenants,
etc., who, because of extensive inspection requests, over-loaded City staff,
and resultant notices of corrections cannot close escrows, are delayed in
occupancy, discover themselves out of one unit with no new unit to occupy,
etc.
Once government assumes the authority to require installation of mandatory
safety features, it also assumes the responsiblity and liability to ensure
compliance. Under our governmental and court system this often evolves into a
time-consuming, technical and procedure oriented process.
The Building Official, in preparing Ordinance No. 838, provided two alter-
natives. First, a .typical mandatory ~nspection program and secondly a manda-
tory installation and inspection for smoke detectors with a voluntary mainten-
ance inspection program. The second alternative would not mean that
City Council
November 17, 1980
page 2.
visibly dangerous or illegal installations would be overlooked, but rather
that in-depth inspectional activities would not be conducted. That program-
would possibly not create the total push toward inspectional activities en-
visioned by the State Attorney General's office, but would assure installation
of smoke detectors and correction of visibly hazardous situations.
Staff of Community Development concurs with the Fire Department, that smoke
detectors are an extremely inexpensive form of life safety and should be re-
quired in all residential units. However, after considering the problems of
implementation to reach that goal, the Cfty Council should choose the desired
ordinance format.
RECO~MENDATION:
Introduce and read by title only either Ordinance No. 838 or Ordinance No. 838
(Alternate).
1,PdB:rm2
DATE:
TO:
FROH:
SUBJECT:
November 6, 1980
Honorable Mayor and City Council Members via Dan Blankenship
Mike Brotemarkle, Community Development Director
Maintenance Inspection and Smoke Detector Alarm Installation
Fire Chief Larry Holms' June 10, 1980 letter to the Honorable Council, recom-
mended fire prevention legislation. Ordinance No. 835, first reading November
3, 1980 and proposed Ordinance No. 838, if adopted, fulfills most of Chief
Holms' recommendations.
Proposed Ordinance No. 838 implements a maintenance inspection program and re-
quires the retroactive installation of smoke detector alarms:
1. In one- and two-family dwellings at the occasion of change of
occupants (transfer of ownership or lessee), and
2. In multiple family dwellings within six months of the effective date
of the proposed ordinance.
Over 100 completely instrumented fires conducted in actual dwellings furnished
and equipped as is the usual home, including clothes in the closets and
blankets on the beds; confirmed past experience, explained observed fatalities
and revealed the limited escape time. These dwellings were equipped with
smoke detectors. About one minute after the smoke detector alarm sounded, the
heat, smoke, carbon monoxide, and lack of oxygen was excessive; i.e. each con-
dition could be fatal had a person beea present. Experiments revealed college
students and faculty could safely evacuate a dwelling in less than a minute.
The same experiment revealed most firemen's families required over a minute to
evacuate, presumably with small children and elderly persons in their home.
The installation of smoke detector alarms is the least expensive and most
positive means to minimize fatalities in a dwelling fire.
This proposed Ordinance No. 838 includes provisions for maintenance in-
spections which will include assuring the smoke detector alarms are
stalled. Maintenance inspections are not being conducted at present.
The Building Official devotes an inordinate amount of his time listening to,
investigating and abating substandard conditions reported by occupants of
apartment dwelling units. They always,relate numerous complaints which are
landlord/tenant related, however, there are always building code violations.
The apartment stock of the city is in a poor state of repair, affecting life
safety as well as a' debilitating effect on the occupants and the community.
City Council
November 6, 1980
page 2.
Many people deem the Building Official's responsibility is related only to new
buildings. Court decisions and legislation indicate the range of responsi-
bility includes the conditions and maintenance of all private property in the
co~nnunity, both new and existing; i,e., sanitation, health, fire and life
safety resulting from deterioration, poor or no maintenance amd unpermitted
alterations, and additions, contrary to good engineering, construction amd
code practices. Buildings cam be in perfect code compliance when "finaled
out." In a short time, however, significant hazards can occur due to no
· maintenance, poor maintenance, abuse, do-it-yourself, and handyman 'bootleg'
work. The City, through the Building official, has a moral and legal
obligation to be cognizant and abate these conditions. Recently the'state
attorney general indicated he intends to take legal action to assure all
jurisdictions have "a vigorous program of code enforcement designed to
eradicate any instance of unsafe or unsanitary rental housing."
The proper maintenance of buildings is an important function of code enforce-
ment. We have a large stock of existing dwelling structures, and with proper
care these buildings have an indefinite life. Proper maintenance is substan-
tially less expensive and expends less national resources than demolition and
rebuilding.
It is possible the Honorable Council may not be amenable to a mandatory main-
tenance inspection program. ~roposed Ordinance No. 838 (Alternate) provides a
voluntary maintenance inspection progam, but a mandatory installation and in-
spection program for smoke detector alarms.
DATE:
TO:
FROM:
SUBJECT:
Nove~ber 13, 1980
MIKE BROTE~RKLE, CO~UNITY DEVELOPMENT DIRECTOR
J~IES G. ROURKE, CITY ATTORNEY
ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY
PROPOSED ORDINANCE NO. 838
This office has reviewed the proposed Ordinance No. 838
and proposed Ordinance No. 838 (Alternate) which you submitted
to this office. Substantial revision to those Ordinances have
been made although the basic purposes and content of both
Ordinances remains intact.
As was the case with the Ordinances which you submitted
to this office, Ordinance No. 838 provides that prior to the
reoccupation of any dwelling unit in the City of Tustin, a
Certificate of Occupancy must be obtained by the property owner.
The owner must be in full compliance with all of the ordinances
of the City of Tustin, including the requirement of the install-
ation of a smoke detector alarm system, before a Certificate of
Occupancy may be issued. Proposed Ordinance No. 838 (Alternate)
requires that the owners of dwelling units in the City of Tustin
must acquire a Certificate of Smoke Detector Alarm Installation
prior to the reoccupation of any dwelling unit. This Ordinance
further provides for a voluntary inspection program which may
result in the issuance of a Certificate of Occupancy.
Due to the substantial revisions which have been made by
this office to the proposed Ordinances, your office should
further review the proposed Ordinances and provide this office
with any further comments which you may have. If you have any
questions, please call.
cc: Dan Bta.nkenship
Mary Wynn
RLL:lw:D:ll/13/80
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ORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 8,
CHAPTER 8 OF TUSTIN CITY CODE TO REQUIRE A
CERTIFICATE OF OCCUPANCY.
The City Council of the City of Tustin, California, here-
by ordains as follows:
Section 1. Section 8801 of the Tustin City Code is
amended by adding subsections (w) and (x) to read respect-
ively as follows:
"(w), Chapter 17 is added to the Uniform Housing
Code to read as follows:
'CHAPTER 17
CERTIFICATE OF OCCUPANCY
1701. GENERAL. No person shall occupy, change
the use of or sell, exchange, rent, lease or otherwise permit
any unit which is hereafter vacated by the occupant thereof
to be re-occupied without the prior issuance of an effective
Certificate of Occupany, Periodic Certificate of Occupancy
or Temporary Certificate of Occupancy by the Building
Official.
1702. APPLICATION. The owner of a unit shall apply
with the Building Official, prior to the sale or occupancy
of the unit, for a Certificate of Occupancy or a Periodic
Certificate of Occupancy on forms to be prescribed by
the Building Official accompanied by the fee therefor.
1703. INSPECTION. Within two (2) working days
after receiving the application for a Certificate of
Occupancy or Periodic Certificate of Occupancy the Build-
ing Official shall initiate an inspection of the unit to
be made for coa~pliance with the Administrative Code of
the State of California and the ordinances of the City of
T~]sti~. ~f t~e unit is in compliance with said codes and
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ordinances, the Building Official shall issue the appropriate
Certificate of Occupancy or Periodic Certificate of Occupancy.
1704. CERTIFICATE oF OCCUPANCY.
(a) The Certificate of Occupancy shall
remain effective for a period of six (6) months following
the date of issuance thereof.
(b) The Certificate of Occupancy shall s~ate:
1. The date of issue;
2. The legal use and occupancy of the unit;
3. The address of the building;
4. The name and address of the owner to
whom it is issued; and
5. The certification that the unit complies
with the provisions of applicable
codes and ordinances.
1705. TE~PORARY CERTIFICATE OF OCCUPANCY. Upon a
showing of good cause, the Building Official may issue a
Temporary Certificate of Occupancy or a Temporary Periodic
Certificate of Occupancy for a portion or the entire unit
prior to completion of all work required of the owner to
eliminate the deficiencies found by the Building Official.
1706. PERIODIC CERTIEICATE OF OCCUPANCY. (a) The
Perodic Certificate of Occupancy shall remain effective
for a period of twelve (12) months following the date of
issuance thereof.
(b) The Periodic Certificate of Occupancy shall
state:
1. The date of issue;
2. The number of units on the premises;
3. The legal use and occupancy of the premises;
4. The address of the premises;
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5. The name of the person to whom it is issued; and
6. The certification that the premises comply with
the applicable codes and ordinances.
1707. NON-COMPLIANCE. Where the inspection discloses
that a premises or any unit thereon is not in compliance
with the codes and ordinances specified in Section 1703
above, the Building Official will give written notice 6f
each deficiency to the owner and no Certificate of Occu-
pancy or Periodic Certificate of Occupancy will be issued
until all such deficiencies are corrected. If the owner
fails to correct all violations within six (6) months
after filing the application he shall forfeit the applica-
tion fee and the application shall be cancelled.
1708. FEES. (a) The application fee for a Certif-
icate Of Occupancy shall be as follows:
Patio Only ................................ $25.00
Entirely new unit or first sale of a
new unit .................................. No Fee
Existing unit, R-1 occupancy and R-3
under 1,200 square feet .................. $50.00
Existing unit, R-3 occupancy over
1,200 square feet ....................... $75.00
Each temporary certificate of occupancy .... $10.00
(b) The filing fee for a Periodic Certificate of
Occupancy shall be as follows:
Ten (10) or less units on contiguous
property under one ownership~ ........... $25.00/unit
Eech additional unit ................. ..... $10.00/unit
1709. AVAILABILITY. The owner shall be responsible
for making the unit available for inspection by the City.
Re-inspections shall be at the rate of $10.00 per unit.
1710. APPEALS. Any person aggrieved by the deter-
mination of the Building~Official under this ordinance
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may appeal to the Secretary, Board of Appeals, in the
manner provided in the Uniform Housing Code, 1979.
1711. OCCUPANCY. No person shall permit a
vacant unit to be occupied prior to the issuance of a
Certificate of Occupancy, Periodic Certificate of Occu-
pancy, or Temporary Certificate of Occupancy.
1712. REQUEST INSPECTION. Nothing herein contained
shall prevent an owner or tenant ~rom voiuntaril~,~ -~_ques~-~
ing a Housing Code inspection and certificate at any time
for the purpose of determininq whether the premises complies
with law.'
(x , Chapter 18 is added to the Uniform Housing Code
to read as follows:
'CHAPTER 18
SMOKE DETECTORS
1801. SMOKE DETECTORS. The City Council finds the
existence of smoke detector alarms saves lives. The
smoke alarm provides the residents the margin of time for
evacuation which otherwise could result in death. All
two- and single-family dwelling units prior to each change
of use occasioned by sale, exchange, rent, lease, sublease,
or re-occupation of such a dwelling unit shall require
the installation of smoke detector alarm device(s) as
specified in Section 1210(a), Uniform Building Code,
1979. The owner of each multiple dwelling unit within
six (6) months of the effective date of this ordinance
shall install smoke detector alarm devices as specified
in Section 1210(a), Uniform Building Code, 1979.'"
Section 2. GENERAL PENALTY: CONTINUING VIOLATION. Any
person violating any of the provisions or failing to comply
with any of the requirements of this ordinance shall be punish-
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able by a fine of not more than $500.00 or by imprisonment in
the County jail for a period of not exceeding six (6) months,
or by both such fine and imprisonment. Each such person viola-
ting such provision or failing to comply with such requirements
shall be guilty of a separate offense, and each day during any
portio~ of which any violation of any provision of this ordinance
is commintad, continued, or permitted, shall constitute a
separate ~>ftense, and shall be punishable accordingly. In
addition to the penalties hereinabove provided, any condition
caused or permitted to exist in violation of any of the provis-
ions of this ordinance shall be deemed a public nuisance and
may be summarily abated as such by this City, and each day
such condition continues shall be regarded as a new and separate
nuisance and offense.
Section 3. SEVERABILITY OF PARTS OF CODE. It is hereby
declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section, of this ordinance shall be declared
u~constitutional by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the day of
, 1980.
MAYOR
ATTEST:
CITY CLERK
RLL:se:D:ll/ll/80
RLL:se:R:Ii/I3/80
RLL:se:R:ll/13/80
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ALTERNATE)
ORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 8,
CHAPTER 8 OF TUSTIN CITY CODE REQUIRING
CERTIFICATE OF SMOKE DETECTOR ALARM INSTALLA-
TIONS AND ESTABLISHING A VOLUNTARY MAINTENANCE
INSPECTION PROGRAM FOR DWELLING UNITS IN
THE CITY OF TUSTIN.
The City Council of the City of Tustin, California, here-
33? ordains as follows:
Section 1. Section 8801 of the Tustin City Code is
amended by adding subsections (x) and (y) to read respect-
ively as follows:
"(x), Chapter 17 is added to the Uniform Housing
Code to read as follows:
'CHAPTER 17
CERTIFICATE OF SMOKE DETECTOR ALARM INSTALLATION
1701. GENERAL. No person shall occupy, change the
use of or sell, exchange, rent, lease or otherwise permit
any unit which is hereafter vacated by the occupant thereof
to be re-occupied without the prior issuance of an effective
Certificate of Smoke Detector Alarm Installation by the
Building Official, except that a Certificate of Smoke
Detector Alarm Installation shall not be required if a
Certificate of Occupancy, Periodic Certificate of Occupancy
or Temporary Certificate of Occupancy has been issued by
the Building Official and remains in effect.
1702. APPLICATION. The owner of a unit shall
apply with the Building Official, prior to the sale or
occupancy of a unit for the Certificate of Smoke Detector
Alarm Installation on a form to be prescribed by the
Building Official accompanied by the fee therefor. In
addition to said application, an owner, buyer, or tenant
may voluntarily apply for an investigative inspection of a
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dwelling, dwelling unit, or any portion thereof. This
application shall be in a form to be prescribed by the
Building Official, accompanied by the fee therefor.
1703. INSPECTION. Within two (2) working days
after receiving an application pursuant to Section 1702
above, the Building Official shall initiate an inspection
for compliance with the smoke detector alarm requirements
of the Tustin City Code. If an investigative inspection
is requested, the Building Official shall initiate an
inspection~to be made for compliance with the Administra-
tive Code of the State of California and the ordinances of
the City of Tustin. If the unit(s) comply with said
codes and ordinances, the Building Official shall issue a
certificate of occupancy or in the alternative and upon the
request of the applicant a Periodic Certificate of Occupancy.
If the unit(s) were subject to the smoke detector alarm
inspection only and the installation complies with Section
1802 of this code a Certificate of Smoke Detector Alarm
Installation shall be issued by the Building Official.
1704. CERTIFICATE OF SMOKE DETECTOR ALARM INSTALLATION
(a) The Certificate of Smoke Detector Alarm Installation
shall remain effective for a period of twelve (12) months
following the date of issuance thereof.
(b) The Certificate of Smoke Detector Alarm Installation
shall state:
1. The date of issue;
2. The legal u~e and occupancy of the unit;
3. The address of the building;
4. The name and address of the owner to whom it is
issued; and
5. The certification that the unit complies with the
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provisions of Section 1802, this Code.
1705. CERTIFICATE OF OCCUPANCY. (a) The Certificate
of Occupancy shall remain effective for a period of six (6)
months following the date of issuance thereof.
(b) The Certificate of Occupancy shall state:
1. The date of issue;
2. The legal use and occupancy of the unit;
3. The address of the building;
4. The name and address of the owner to
whom it is issued; and
5. The certification that the unit complies
with the provisions of applicable
codes and ordinances.
1706. TEMPORARY CERTIFICATES. Upon a showing of
good cause, the Building Official may issue either a
Temporary Certificate of Smoke Alarm Installation, a
Temporary Certificate of Occupancy or Temporary Periodic
Certificate of Occupancy for a portion or the entire unit
prior to completion of all work required of the owner to
eliminate the deficiencies found by the Building Official.
1707. NON-COMPLIANCE. Where the inspection discloses
that a dwelling is not in compliance with the codes and
ordinances specified in Section 1703, the Building Official
will give written notice of each deficiency to the owner.
If the inspection of the the Building Official determines
that the dwelling is not in compliance with the smoke
detector alarm requirements, no Certificate of Smoke
Detector Alarm Installation shall be issued. If a dwelling
is not in compliance with all of the codes and ordinances
specified in Section 1703, neither a Certificate of
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Occupancy or Periodic Certificate of Occupancy shall be
issued. If the owner fails to correct all violations
within six (6) months after the application therefor was
filed the owner shall forfeit the fee and the application
shall be cancelled.
1708. PERIODIC CERTIFICATE OF OCCUPANCY. (a) A
Periodic Certificate of Occupancy may be requested by an
owner as an alternative to the Certificate of Occupancy.
The Periodic Certificate of Occupancy shall remain effective
for a period of twelve (12) months following the date of
issuance thereof.
(b) The Periodic Certificate of Occupancy shall
state:
1.
2.
3.
4.
The date of issue;
The number of units on the premises;
The legal use and occupancy of the premises;
The address of the premises;
5. The name of the person to whom it is issued; and
6. The certification that the premises comply with
the applicable codes and ordinances.
1709. FEES.
(a) The filing fee for a Certificate of
Smoke Detector Alarm Installation shall be as follows:
Two (2) to ten (10) units on contiguous
property under one ownership ............ $10.00/unit.
Each additional unit ...................... $ 3.00/u'nit
(b) The filing fee for a Certificate of
Occupancy shall be as follows:
Patio Only ................................ $25.00
Entirely new unit or first sale of a
new unit .................................. No Fee
Existing unit, R-1 occupancy and R-3
under 1,200 square feet .................. $50.00
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Existing unit, R-3 occupancy over
1,200'square feet ....................... $75.00
Each temporary certificate of occupancy .... $10.00
(c) The filing fee for a Periodic Certificate of
Occupancy shall be as follows:
Ten (10) or less units on contiguous
property under one ownership ............ $25.00/unit
Each additional unit ...................... $10.0O/unit
1710. AVAILABILITY. The owner shall be responsible
for making the unit available for inspection by the City.
Re-inspections shall be at the rate of $10.00 per unit.
1711. APPEALS. Any person aggrieved by the determina-
tion of the Building Official under this ordinance may
appeal to the Secretary, Board of Appeals, in the manner
provided in Chapter 12 of the Uniform Housing Code, 1979.
!712. OCCUPANCY. No person'shall permit a vacant
unit to be occupied prior to the issuance of a Certificate
of Smoke Detector Alarm Installation, Certificate of
Occupancy, Periodic Certificate of Occupancy, or Temporary
Certificate of Occupancy.
1713. REQUEST INSPECTION. Nothing herein contained
shall prevent an owner or tenant from voluntarily requesting
a Housing Code inspection and certificate at any time for
the purpose of determining whether the premises complies
with law.'
(y), Chapter 18 is added to the Uniform Housing Code to
read as follows:
'CHAPTER 18
SMOKE DETECTORS
SECTION 1801~ SMOKE DETECTORS. The City Council
finds the existence of smoke detector alarms saves lives.
The smoke alarm provides residents the margin of time for
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evacuation which otherwise could result in death. Ail
two- and single-family dwelling units, prior to each
change of use occasioned by sale, exchange, rent, lease,
sublease or re-occupation of such a dwelling unit shall
require the installation of smoke detector alarm device(s)
as specified in Section 1210(a), Uniform Building Code,
1979. The owner of each multiple dwelling unit, within
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six (6) months of the effective date of this ordinance
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shall install smoke detector alarm devices as specified
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in Section 1210(a), Uniform Building Code, 1979.' "
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Section 2. GENERAL PENALTY: CONTINUING VIOLATION. Any
person violating any of the provisions or failing to. comply
with any of the mandatory requirements of this ordinance shall
be punishable by a fine of not more than $500.00 or by imprison-
ment in the County jail for a period of not exceeding six (6)
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months, or by both such fine and imprisonment. Each such
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person violating such provision or failing to comply with such
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requirements shall be guilty of a separate offense, and each
day during any portion of which any violation of any provision
of this ordinance is committed, continued, or permitted shall
constitute a separate offense, and shall be punishable accord-
ingly.
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of
the provisions of this ordinance shall be deemed a public
26
nuisance and may be summarily abated as such by this City, and
each day such condition continues shall be regarded as a new
and separate nuisance and offense.
Section 3. SEVERABILITY OF PARTS OF CODE. It is hereby
declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this
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ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality shall not
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affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this ordinance.
PASSED A..D ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the day of
, 1980.
ATTEST:
MAYOR
CiTY CLERK
RLL:se:D:ll/ll/80
RLL:se:R:ll/13/80
RLL:se:R:ll/13/80
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