HomeMy WebLinkAboutCC 3 AMEND H.S.C. 08-04-80DATE:
TO:
FROM:
SUBJECT:
August 4, 1980
CONSENT C~ T.F. NDAR
Inter - C om
The Honorable Mayor and City Council Members
Michael Brotemarkle, Community Development Director
Resolution No. 80-80 calling for the State Legislature to amend
Chapter 976 of the Health and Safety Code as an urgency measure.
The subject Chapter of the Health and Safety Code was recently amended affecting
owner/builder verification forms concerning provision of workmen's compensation
insurance. Two sections of that amendment conflict and need urgent amendment.
If not amended the City would be placed in the position of having to refuse to
issue permits because the law would not allow the owner/builder fo pick up
and complete the form at the counter, but rather require they be mailed to him.
Staff is quite certain that the public ire over this would be well justified.
RECO~ENDATION
Approve Resolution 80-80.
MWB: mm
RESOLUTION N0.80-80
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALLING FOR THE PASSAGE OF AN
URGENCY blEASURE IN THE STATE LEGISLATURE TO
AMEND CHAPTER 976 OF THE HEALTH AND SAFETY
CODE.
The City Council of the City of Tusfin does heFeby resolve as follows:
WHEREAS, Senate Bill 831 has become law which is embodied in Chapter 9
of Part 3 of Division 13 of the Health and Safety Code; and
WHEREAS, Article 2, Section 19830 of such c~de provides that Notice be
9ivan to the owner of the buildin9 or structure whenever an application
for a building permit is submitted in the owner's name as builder; and
WHEREAS, said Section 19830 provides that such notice may be given to
the applicant af the time application for the permit is made, provided
the applicant presents identification sufficient to identify himself or
herself as the owner; and
WHEREAS, Section 19831 provides that an Owner/Builder Verification form
be completed by the property owner; and
WHEREAS, Section 19832 provides that both fha Notice and Owner/Builder
Verification shall be transmitted by mall and shall not be p¢ovided in
person to the person applying for such building permit; and
WHEREAS, the provisions for notice and verification by property owners
as stated in Section 19830 and 19831 are in direct conflict with the
mandatory mailing provisions of Section ~g832; and
WHEREAS, numerous owner/builder property owners would incur additional
expense and considerable inconvenience should cities and counties comply
with Section 19832 by refusing to issue building permits fo property
owners applying in person until the notice and verification is mailed
to them; and
WHEREAS, providing the notice and verification in person to property
owners with sufficient identification does not circumvent the intent of
the law;
NOW, THEREFORE, BE IT RESOLVED that fha City Council of the City of
Tustin does hereby call for the passage of an urgency measure in the
State Legislature to amend Chapter 976 of the Health and Safety Code
by deleting Article 2, Section 19832.
PASSED AND ADOPTED by the City Council of the City of Tusfin at a
regular meefin9 held on the ..... day of , 1980.
ATTEST:
Donald J. Saltarelli
Mayor
Mary E. Wynn
City Clerk