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HomeMy WebLinkAboutORD 755 (1978):! 4t20 ORDINANCE NO. 755 ~ AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE B, BUILDING REGULATIONS, OF THE ~ TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE 1976 EDITIONS OF THE UNIFORM BUILDING CODE, 4 UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, DWELLING CONSTRUCTION UNDER THE UNIFORM BUILDING ~ CODE, UNIFORM HOUSING CODE AND UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING; 1975 EDITION ~ OF THE ONE AND TWO FAMILY DWELLING CODE; AND 1978 EDITION OF THE NATIONAL ELECTRIC CODE. The City Council of the City of Tustin, California, does 8 hereby ordain that Ordinances 92, 1~8,516,636,641 and 675 are hereby repealed and Article 8, Building Regulations, Tustin 9 City Code is hereby amended as follows': · ~O 1. "Building Code", Chapter 1 is hereby amended to read as follows: " ' ~' ARTICLE 8100 .- ADOPTION OF 1976 UNIFORM BUILDING CODE - ' ' 1Z For the purpose of prescribing regulations for the erection, ~ construction, enlargement, a!teration~ repair, movinc, removal,. conversion, demolition, occuoancv, equipment use h~icht and. 14 area of building structures all'of the~provision~ of ~he Iq76I edition of the Uniform BuilAinc Code, in~ludinc the ArtbendiX' 16 California 90601, of which not less than three (3) copies have' been and now are filed in the office of the City Clerk of the City of Tustin, are hereby adooted and incorporated herein as fully as though set forth in full herein, save and except such 18 portions as are hereinafter deleted, modified or amended. 19 ARTICLE 8101 - ~fENDMENT OF CODE Z0 The 1976 edition of the Uniform Building Code, is hereby amended as follows: 21 (a) Section 205 22 The second paragraph of Section 205 is hereby deleted. (b) Section 302 24 Add a new paragraph to Section 302(a) to read as ~5 follows: "The Building Official may issue Building permits for construction, demolition, addition, alteration and installation of Planning Commission and/or Planning Division aDDroved or reGuired curbinc, walks, stairs, ramos, parking lots, irritation systems, Z8 lighting systems, landscaping and incidental light grading (not requiring a grading permit, Chapter 70). These oermits will be ~9 issued when the on-site work does not otherwise require a Building permit. 30 (C) Building Permit Fees Section 303 421 I Ordinance No. 755 Page 2 Section 303(a), 303(b) and Table 3A are hereby 3 deleted, and the following two sections are substituted: 4 "Section 303(a) Building Permit Fees. A fee for each building permit shall be paid to the Building Official as set forth 5 by resolution of the City Council. No fees shall be charged for permits for work financed by the City of Tustin. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The valuation to be used in computing the permit and plan-check fee 8 shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, 9 electrical, plumbing, 'heating, air conditioninq, elevators, fire- extinguishing systems and anv other permanent work or permanent 110 equipment. The Building Official shall be guided by the latest building valuation data published periodically by the International ~1 Conference of Building Officials. Reference shall be made commenc~ ing with the first day of the month following receipt of the latest 1Z building valuation data. ~ Where work, for which a permit is required bv this code is started or proceeded with prior to obtaining said permit, the 14 fee .specified by said Resolution shall be doubled, but the payment. of such double fee shall not relieve any persons from fully com- 15 plying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein." "Section 303(b) Plan-checking Fees. When the valua~ 17 tion of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by subsection (c) of Section. 301, a olan- 18 checking fee shall be paid to the Buflding Official at the time of submitting plans and specifications for checking. Said plan-checking fees for buildings of Groups R, Division 3 and M Occupancies shall be one-half of the buildina permit fees. Plan-checking fees for all other buildings shall be 65 percent of the building permit ~ees as set forth in the Council resolution. Where plans are incomplete, or changed so as to re- quire additional plan checking, an additional plan-check fee shall be charged at a rate established by the Building Official." 24 (d) Section 304(e) Add two new paragraphs to Section 304(e) to read as follows: · ~? "The Building Official shall make or require in- spections to ascertain compliance with the aDDroved Plannin~ ~8 ComaiSsion and/or Division orovisions for which a permit was issued pursuant to new paragraph added to Section 302(a) above. He may Z9 utilize the expertise of planners for, or to assist, in these inspections. ~0 The Building Official shall make or require. in- ~1 spections to assure the work conforms to all relevant laws, ordinances, codes, rules and regulations. 3Z z~22 Ordinance No. 755 Page 3 (e) Section 306(d) is hereby omitted and the following is substituted therefor to read.: Section 306(d) Temporary Certificate. The Building Official may issue a temporary certificate of occuDancy authorizin occupancy and use of a building or structurE, or use Of a oortion or portions of a building or structure, prior to completion of the entire building or portion thereof or prior to the comoletion of those elements required by various laws, ordinances, rules, reau- lations or as conditions of City approvals. The Buitdina Official will establish procedures for requests and conditional approvals of the cognizant officials (Director of Community Development, City Engineer, Health Officer and Fire Prevention Chief.) The Building Official shall issue this temDorary certificate for a reasonable period uD to three months. The Building Official may issue a second temporary certificate prior to the expiration of the first such certificate. A reasonable time prior to the expiration period, the owner, and any occupants, will be advised of the following and the Building Official will request the electric and gas service to be discontinued the day following expiration of this temporary certificate. The prescribed fee shall be charged for each temporary certificate of occupancy. (f) Section 160!(a) is hereby omitted and the following is substituted to read: Section 1601(a) Fire Zones Defined. For the purpose - of this Code, the entire city is hereby declared to be and is hereby established a Fire District and said Fire District shall be known and designated as Fire Zones No. 2 and No. 3, and shall in- clude such territory or portions of said City as outlined as follows: a. Fire Zone 2 All territory now. or hereafter zoned by City for other than residential uses is hereby desiqnated as Fire Zone 2. b. Fire Zone 3 All territory now or hereafter zoned by City for residential uses is hereby designated as Fire Zone 3. c. Fire Zone Map The Zoning Map of the City is hereby adopted as the Fire Zone Map of the City for and in connec- tion with application of the provisions of the Uniform Building Code as adopted by the City. (g) Fees (Gradinq~ - Section 7~03 Section 7003(a) and (b) and Tables 70A and B are hereby deleted, and the following two new sections are substituted to read as follows: Section 7007.(a) Plan-checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of 423 i Ordinance No. 755 Page 4 the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan-checking fee. Separate Dermits and 4 fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan-checking fee for grading. plans shall be as set 6 forth by a resolution of the City Council. V The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the differ- 8 ence between such fee paid for the original permit and the fee shown for the entire project. 9 (b) Grading Permit Fees. A fee for each grading permit 10 shall be paid to the Building Official as set forth by a resolu- tion of the City Council. 11 The fee for a grading permit authorizing additional 12 work to that under a valid permit shall be the diffarence between the fee paid for the original permit and the fee shown for the 13 entire project. 14 2. "Mechanical Code", Chapter 2 is hereby amended to read as follows: 15 ARTICLE 8200 - ADOPTION OF 1976 UNIFORM MECHANICAL CODE For the purpose of providing complete requirements, this lV Code provides minimum standards to safeguard life or limb, health, property and public welfare by regulations that are compatible 18 with the Uniform Mechanical Code, 1976, for design, alteration, installation, construction, quality of materials, location, oDer- 19 ation and maintenance of heating, ventilating, comfort cooling, refrigeration systems, incinerators, and other miscellaneous heat ~0 producing appliances within the City, all of the provisions of the "Uniform Building Code, Volume 2", also known as the "1976 Uniform 2~ Mechanical Code", including the appendix thereto, adopted and published by the International Conference of Building Officials, Z2 5360 S. Workman Mill Road, Whittier, California 90601, of which not less than three (3) copies have been and now are filed in the 25 office of the City Clerk of the City of Tustin, are hereby adopted a'nd incorporated herein. ~4 ARTICLE 8201 - AMENDMENTS, ADDITIONS AND DELETIONS The 1976 Uniform Mechanical Code is hereby amended as follows: (a) Section 202 The second paragraph of Section 202 is hereby deleted. (b) Section 304 - Permit Fees Z9 Section 304 is hereby deleted and the following is 50 substituted: ~1 A fee for each mechanical permit shall be paid to the Building Official as see forth by resolution of the City 3Z Council. No fees shall be charged for permits for work financed by the City of Tustin. 424 Ordinance No. 755 Page 5 3o "Plumbing Code", Chapter 3 is hereby amended toread as follows: ARTICLE 8300 - ADOPTION OF THE lq76 UNIFORM PLUMBING CODE For the purpose of providing for the protection of the public health, safety, and welfare and establishing minimum regu- lations for the erection, installation, alteration, addition, design, repair, relocation, replacement, maintenance, use con- struction, quality of materials, location, operation and mainte, nance of plumbing, piping, drainage systems and private sewer and disposal systems and the inspection thereof in the City of Tustin, all of the provisions of that certain code, known as the 1976 Uniform Plumbing Code, adopted and published bv the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, CA 90032, including the appendices thereto, of which not less than three (3) copies have been and are now filed in the Office of the City Clerk of the City of Tustin, are hereby adopted and incorporated herein, save and except such portions as are hereinafter deleted, modified or amended. ARTICLE 8301 - AMENDMENTS, ADDITIOn. IS AND DELETIONS The 1976 Uniform Plumbing Code is hereby amended as follows: (a) Section 20-3 - Violations and Penalties The first paragraph, Section 20-3 is hereby omitted. (b) Section 20-7 - Cost of Permit Section 20-7. The second and third paragraohs are hereby omitted and the following four paragraphs are substituted: "EVery applicant for a permit to do work regulated by this Code shall state in writing, on the application form provided for that purpose, the character of'work proposed to be done and the amount and kind in connection therewith, together with Such information, pertinent thereto, as may be required. Such applicant shall pay for each permit, at the time of issuance, a fee as set forth by resolution of the City Council. No fees shall be charged for permits for work financed by the City of Tustin. Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit pay double the permit fee fixed by aforestated resolution for such work, provided, however, that this provision shall not aPPlY tO emergency work when it shall be oroved to the satisfaction of the Administrative Authority that.such work was urOently necessary~' and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. 425 I Ordinance No. 755 Page 6 In lieu of an individual plumbing permit for each ~ 5 installation or alteration on commercial or industrial buildings, an annual permit may be issued to any person, firm or corporation 4 for the purpose of installing, altering and maintaining plumbin~ systems, fittings, fixtures or equipment in or on buildings or premises owned or occupied by the applicant for.such permit. The application for this annual permit shall be made in writing to the Building Official and shall contain description of the premises on which the work is to be done under the permit. Within fifteen V (15) days following the end of each calendar month, the person, firm or corporation to which an annual permit has been issued 8 shall transmit to the Building Official a duplicate copy of the record of plumbing work done." 9 ARTICLE 8302 - ADOPTION OF 1976 UNIFORM SOLAR ENERGY CODE 10 For the purpose of prescribing regulations for the erection 11 construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height and 1Z area of building structures, all of the provisions of the 1976 edition of the Uniform Solar Energy Code including the appendix ~5 thereto, adopted and published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Ave., Los 14 Angeles, CA 90032 of which not less than three (3) copies have been and now are filed in the office of the City Clerk of the City ~5 of Tustin, are hereby adopted and incoroorated ~" herein as fully as though set forth in full herein, save and ex- 16 cept 'such portions as are hereinafter deleted, modified or amended. lV (a) Section 20.3 18 The first paragraph of Section 20.3 is hereby omitted. 19 4. "Electrical Code", Chapter 4 is hereby amended to read as foll6ws: ARTICLE 8400 - ADOPTION OF THE 1978 NATIONAL ELECTRIC CODE There is hereby adopted by the City Council of the City ~2 of Tustin, California for the purpose of prescribing regulations for the installation, use and maintenance of electrical conductors ~5 and equipment that certain code known as the National Electrical Code., 1978 Edition, including the appendix thereto, adopted and ~4 published by the National Fire Protection Association, 42~ Atlantic Avenue, Boston, Massachusetts 02210, except such oortions as are ~5 hereinafter deleted, modified, or amended, of which code not less than three (3) copies have been made and are now filed in the Z6 office of the City Clerk of the City of Tustin and the same are hereby adopted and incorporated as fully as if set forth at length '~7 herein. ARTICLE 8401 - AMENDMENTS, ADDITIONS AND DELETIONS The 1978 Edition of the National Electrical Code is hereby amended as follows: (a) Section 90-4 51 Section 90-4 is hereby amended by adding a third ~2 paragraph as follows: '! 426 1 Ordinance No. 755 Page 7 "The Building Official is the authority having 3 jurisdiction of the enforcement of this Code." . _ 4 .(b) The following sections to Article 90 are hereby amended by the addition of the following to read: 5 Section 90-8 Issuance of Permits. The Building Official may issue permits for electrical installations and wiring under the provisions of this code whenever the applicant for such permit shall have complied with all the requirements hereof. 8 Section 90-9. Permits. No electrical equipment shall be installed nor electrical work performed within or on any 9 building, structure or premises within the City of Tustin nor shall any alteration or addition be made in any such existing 10 equipment without securing a permit therefor, before such work is commenced, fr'om the Building Official except as provided in this 11 Article and except that no permit will be required to execute minor repair work, the replacement of lamDs or the connection of iZ portable electrical equipment to suitable permanently installed receptacles. Section 90-10. Permit Application. Application for 14 a permit to perform the work shall be made in writing to the Building Official describing said work. Plans, calculations of 15 load for service~ feeders and branch circuits, specifications and schedules shall be required to determine whether the installation ' 16 as described will be in conformity With the requirements of this code. If it is found that the installation as described will con- 17 form with all legal requirements, and if the applicant has com- plied with the provisions of this code, a permit for such instal- l8 lation shall be issued. No deviation may be made from. the instal- lation described in the permit and plan without the written.ap- 19 proval of the Building Official. ~0 Section 90-11. Reloc~ted buildings and structures- Except for Class B-l, B-3 and M-1 occupancies, relocated buildings 21 and structures shall conform to the requirements of this code as if it were a new building or structure. Section 90-12. Fees (a) The fees required in this Section must be paid to the Building Official for each electrical installation for which a permit is required by this code. (b) No permit shall be issued to any person, firm, or corporation unless all fees for permits or additions to permits are paid in full. Fees shall not be charged for permits for work financed by the City of Tustin. (c) Failure to take out a permit and to Day fees therefor before commencing work shall be deemed evidence Of viola- tion of the provisions of this code. Double the amount of permit fees shall be assessed for work commenced before a permit is issued. (d) Whenever any work for which a Dermit is required 51 under the provisions of this code has been commenced without the' authorization of such permit a special investigation may be re 52 quired before a permit will be issued for such work. 427 Ordinance No. 755 Page 8 (e) Every permit issued by the Building Official under the provisions of this code shall expire bv limitation and become null and void if the work authorized by such permit is not commenced within one hundred and twenty (120) days from the date of such permit, or if the work authorized by such permit is sus- pended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained to do'so and the fee therefor shall be one-half the amount required for an original permit for such work and provided further that such suspension or abandonment has not exceeded one year. (f) Fees. A fee for each Electrical Permit shall be paid to the Building Official as set forth by resolution of the City Council. Section 90-13. Annual Permits. In lieu of an indi- vidual electric permit for each installation or alteration on commercial or industrial buildings, an annual permit may be issued to any person, firm or corporation for the purpose of installing, altering and maintaining electrical wiring or equipment in or on buildings or premises owned or occupied by the applicant for such permit. The application for this annual permit shall be made in writing to the Building Official, and shall contain description of the premises on which the work is to be done under the permit. Within fifteen (15) days following the-end of each calendar month, the person, firm or corporation to which an annual permit has been issued shall transmit to the Building Official a duplicate copy of the record of electrical work done. (c) Section 210 Section 210-1 is amended by adding the following two paragraphs to read: (a) Accessory uses or other buildings, signs, etc., separatel.y located on the same lot 'or premises shall have con- necting conductors run underground. (b) Where spare circuit protective devices are pro- vided or space for future circuit protective devices are provided on the buss in any flush or semi-flush mounted Danel, then race- ways of sufficient capacity to permit utilization of such spares or spaces shall be provided to an approved accessible location. Such accessible location is defined as follows: Where sufficient attic space is available or under floor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist, then such terminations shall be approved by the Building Official. (c) Class R-l, R-3 and M-1 occupancies are exempt from the requirements of the above two subsections, 210-1(a) and (b). (d) Section 210-19(c) is amended by deleting the paragraph and substituting the words: "Branch-circuit conductors supplying loads other than cooking appliances as listed in Section 210.2 shall have an ampacity sufficient for the loads served and shall not be less than No. 12.- I Ordinance No. 755 Page 9 2 (e) Section 230-43 is hereby amended by deleting the ~ section and substituting the following to read: 4 Section 230-43. Except for Class R-l, R-3 and occupancies, wiring methods for 600 Volts or less. Service- 5 entrance conductors extending along the exterior or entering buildings or other structures shall be enclosed'in rigid conduit, 6 or, for circuits not exceeding 600 volts, in wireways, auxiliary gutter, or as bussways. (f) Section 334-3 is hereby amended by adding a new 8 paragraph: 9 Section 334-3(d) Use. Except for Class R-l, R-3 and M-1 occupancies, metal clad cable shall be limited to those 10 applications approved by the Building Official when used for re- modeling, under plaster extensions or "fished" runs and is not 11 subject to physical damage during and/or subsequent to its in- stallation. (g) Section 336-3 is hereby amended as follows: By omitting the words "and other structures not 14 exceeding three floors (Exception: Class R-1 occupancy.) ~5 (h) Section 350-2 is amended by adding an additional sub section: 16 (7) Where subject to physical damage during ~7 and/or subsequent to installation (Exception: Class R-l, R-3 ahd M-1 occupancies.) 18 (i) Section 410-8 is hereby amended by adding a new 19 sub section (c) to read as follows: (c) Exception: Class R-l, R-3 and M-1 occu- pancies, all lighting outlets shall be operated by a wall or door switch. 5. Chapter 7, Grading Regulations, is omitted and the following substituted therefore: DWELLINGS, CHAPTER 7 ARTICLE 8700 - ADOPTION OF 1976 DWELLING CONSTRUCTION UNDER THE UNIFO~ BUILDING CODE ~6 For the purpose of prescribing regulations for the erection, construction, enlargement, alteration, reDair, moving, 'Z7 removal, conversion, demolition, occupancV, equipment, use,~ heiqht and area of building structures, all of the provisions of the 1976 ~8 edition of the Dwelling Construction under the Uniform Building Code, including the appendix thereto, adopted and published by the 29 International Conference of Building Officials, 5360 S. Workman M~ll Road, Whittier, California 90601, of which not less than 50 three (3) copies have been and now are filed in the office of the City Clerk of the City of Tustin, are hereby adopted and incor- 31 porated herein as fully as though set forth in full herein, save and except such portions as are hereinafter deleted, modified or 3Z amended. 429 Ordinance No.755 Page 10 ARTICLE 8701 - ADOPTION OF ONE AND TWO FAMILY DWELLING CODE, 1975 For the purpose of prescribing regulations for the erectit construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height and area of building structures, all of the provisions of the One and Two Family Dwelling Code, 1975, and the Accumulative Supplement, 1976, including the appendix thereto, adopted and Dublished by the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, California 90601, of which not less than three (3) copies have been and now are filed in the office of the City Clerk of the City of Tustin, are hereby adopted and incorpora- ted herein as fully as though set forth in full herein, save and except such portions as are hereinafter deleted, modified or amended. ARTICLE 8702 - OPTIONS For the design, construction and use of single family and two family occupancy, Type R, Div. 3, and their accessory buildinc Type M, it is optional to use the Uniform Building Code, 8100, the Dwelling Construction under the Uniform Building Code, 8700 or the One and Two Family Dwelling Code, 8701. - 6. Chapter 8, Building Relocation is omitted from this Chapter and added to Section 105, Uniform Building Code 1976, (Chapter 1, Tustin City Code) as subsections to the aforesaid Section 105 changing Articles ~801, 8802, 8803 and 8804 to 105(a), (b), (c) and (d) respectively. A new Chapter 8, Housing Code, is sub- stituted for Building Relocation. HOUSING CODE, Chaoter 8 reads as follows: ARTICLE 8800 - ADOPTION OF 1976 UNIFORM HOUSING CODE For the purpose of prescribing regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height and area of building structures, all of the provisions.of the 1976 edition of the Uniform Housing Code including the appendix thereto, adopted and published by the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, California 90601, of which not less than three (3) copies have been and now are fil, in the office of the City Clerk of the City of Tustin, are hereby adopted and incorporated herein as fully as though set forth in full herein, save and except such portions as are hereinafter deleted, modified or amended. ARTICLE 8801 - AMENDMENT OF CODE Sections 201(a) and (b) of Chapter 2, Enforcement, is amended by omitting subsections 201(a) and (b) and substituting following to read as follows: Section 201(a) Authority.' The Building Official is hereby authorized and directed to administer and enforce all of provisions of this code and'the Health Officer, County of Orange, will.enforce those portions'of the Code as apply to sanitation, maintenance, ventilation, use or occupancy. 430 Ordinance No. 755 Page 11 Section 201(b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official, the Health Officer or their author- ized representatives have reasonable cause to believe that there exists in any building or upon .any premises, any condition which makes such building or premises substandard as defined in Section ~-202 of this Code, the Building Official, the Health Officer or their authorized representatives may enter such'building or premise at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or the Health Officer by this code; provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, the Health Officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having ch~r~e,~ care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to properly ~ermit entry therein by the Building Official, the Health Officer or their authorized representatives for the purpose of inspection and exami' nation pursuant to this code. Any person violating this subdivi- sion shall be guilty of a misdemeanor. 7. Abatement of Dangerous Buildings, Chapter 9 ARTICLE 8900 - ADOPTION OF 1976 UNIFO~ CODE FOR THE ABATEMENT- OF DANGEROUS BUILDINGS For the purpose ofproviding a just, equitable an~ practic- able method, to be cummulative with and in addition to any other remedy provided in the 1976 Uniform Building Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, proOerty, safety or welfare of the general public o~ their occupants, may be re- quired to be repaired, vacated or demolished, all of the provisions~ of the 1976 Uniform Code for the Abatement of Dangerous Buildings, adopted and published by the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, California, 90601, including any appendicies thereto, of which not less than three (3) copies have been and now are filed in the office of the City Clerk, City of Tustin, are hereby adopted and incorporated herein as fully as though set forth in full herein, save and except such portions as are hereinafter deleted, modified or amended. ARTICLE 8901 - SECTION 405, CHAPTER 4, UNIFO~ CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, IS ~!EREBY AMENDED BY THE ADDITION OF NEW SUBSECTIONS TO READ AS FOLLOWS: Section 405(a) Commencement of Proceedings. Whenever the Building Official has received an apDeal after serving notice (Section 401(b) that such buildin~ is a dangerous building, he shall commence action for a public hearing. Section 405(b) Notice of Hear.ing The Building Official shall issue a notice of hearing to 43 1 Ordinance No. 755 Page 12 the record owner of the building. The notice shall be sub- stantially in the following form, but may include other infor- mation: "YOU ARE HEREBY NOTIFIED that a hearing will be held before the Board of Appeals at on the day of ,19 , at the hour of o'clock, .am., ~h regard to the disposition of the property whiFh is the subject matter of this notice. YOU ~Y BE PRESEMT AT THE HEARING AND DEFEND THIS MATTER IF YOU SO WISH, OTHERWISE, A DEFAULT WILL BE ENTERED AGAINST YOU AND YOU WILL BE BOUND BY THE DETERMINATION OF THIS BOARD. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subDenas to compel the attendance of witnesses and the production of books, documents or other thin~s bv filing an affidavit therefor with the Board of Appeals." The notice shall also contain: (1) The street address and a legal description sufficient for identification of the premises upon which the building is location; (2) A statement sworn to under penalty of perjurv that Building Official, or his authorized representative, has personally and by his own knowledge found the building to be dangerous. Such statement shall con- tain a brief and concise description of the conditions found to render the buildin~ dangerous under the provisions of Section 302 of this Code; and (3) A statement of the proposed action to be taken as determined by the Building Official. Section 405(c) Time for Rearin~. The hearing shall be scheduled within thirty (3~) days of the date of service of the notice of hearing, but not more than sixty (60) da~s from the date of said service, except if any party Submits to the Board of Appeals affidavits showing ~ood cause why such hearing date should be moved ahead or Postponed and such change would not prejudice anV party to the matter, the Board of Appeals may schedule the hearing for a date which is just and equitable to all parties concerned. Section 405(d) Service of ~otice. The service of the notice shall be as directed in Section 401(c). Section 405(e) Method of Service. Service of the notice shall 'be as directed bv Section 401(d). · 432 1 Ordinance No. 755 Page 13 Section 405(f) Proof of Service. Proof of service of the notice shall be as directed by - 4 Section 401(e). ~ Section 405(7) Recordation of Notice of ProceedinGs Pending. At the time of serving the notice of hearing, the Building V Official shall cause to be filed in the office of the County Recorder for the County of Orange a verified notice of Proceeding 8 Pending. Such notice shall contain the street address and a legal description sufficient for identification of the premises -9 upon which the building is located, and a brief and concise description of the proposed actionto be taken by the Building 10 Official. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer 3/ exists as a dangerous building on the property described in the notice, the Building Official shall file a new notice with said 1Z County Recorder certifying that the building has been demolished or all required corrections have been made so that the building =5 is no longer dangerous, whichever is appropriate. CHAPTER 8, UNIFORM CODE FOR THE ABATEMENT OF DA~]~EROUS B~ILDIN~S IS HEREBY AMENDED AS FOLLOWS: Any reference to the "Director of Public Works" shall be · 6 construed to mean "City Engineer." · 7 a. Section S01(b) ~8 Section S01(b) is hereby amended to read as follows: · 9 Section 801(b) - Costs. The cost of such work shall be paid by the City, and may be made a sDecial assessment acainst Z0 the proDerty involved, or may be made the personal obligation of the proOerty owner, whichever the City Council shall determine Z1 to be appropriate. ~ b. Section 802 Z5 Section 802 is herebv deleted in its entirety. CHAPTER 9, UNIFORM CODE FOR T~E ABATEMENT O~ DANGEROUS BUILD~NG~ IS HEREBY ~4ENDED AS FOLLOWS: Any reference to the "Director of Public Works" shall be Z6 construed to mean, "City Engineer." ~7 8. GENERAL PENALTY; CONTI~JUIM~ VIOLATION No person shall violate any provision, or fail to com- ply With any of the provisions of this Code, or of any code adoote~ herein by reference. Any person violatin~ anv of the provisions o3 failinc to comOly with any of the m~ndatorV requirements of this Code, or of any Code adopted by reference herein, unless otherwise specified in this Code, shall be punishable by a fine of not more B1 than S500.00 or by imprisonment in the City or County Jail for a period of not exceeding si~ months, or bv both such fine and im- ~Z prisonment. Each such person violatin~ such provision or failing 433 I Ordinance No. 755 Page 14 to comply with such requirements shall be quiltv of a separate 3 offense, and each day during any portion of which anV violation ~ of any provision of this Code, or of any code adopted by reference 4 herein, is committed, continued, or Permitted bv such person, shall'constitute a separate offense, and shall be punishable ac- 6 cordingly. Provided further that each such person viotatina a provision which limits the time an act may be permitted or con- 6 tinued, each such period or portion thereof of which any violation of such provision is committed, continued or Dermitted ~v such V person shall constitute a separate offense, and shall be punish- able accordingly. 8 In addition to the penalties hereinabove provided, any 9 condition caused or permitted to exist in violation of any of the provisions of this Code, or of any code adopted by reference here- 10 in, 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. 9. SEVERABILITY O~ PARTS OF THIS ORDINANCE AND THE ADOPTED CODES It-is hereby declared to be the intention of the City 14 Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the adopted Codes are severable, and 15 if any phrase, clause, sentence, par-agraDh or section of this Code shall be declared unconstitutional by the valid judgment or decree "16 of a court of competent jurisdiction, such unconstitutionalitv shall not affect any of the remainina phrases, clauses, sentences, · 7 paragraphs and sections of this Ordinance and the adopted Codes. 18 10. The City Clerk shall certify to the passage of this Ordinance, and shall cause the same to 'be oublished once within ~9 fifteen (15) days after its adoption, in the Tustin News, a newspaper of general circulation, printed, published and circulated 20 !n said City, and immediately upon and after its Dassage it shall take effect and be in full force. 21 PASSED AND ADOPTED at a regular meeting of the City Council 22 of the City of Tustin, held on the 16th day of January, 1978. " ATTEST: ~ ~8 iTY CLERK Z9 434 - STATE OF CALIFOP~NIA) , COUNTY OF OP~NGE ) SS CITY OF TUSTIN ) " RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the w~ole number of members of the City Counc!l of the City of Tustin is five; that the above and foregoing Ordinance No. 755 was duly and regularly introduced and · read at a regular meetfng of the City Council held on the 3ra day of january,. ., 1978 and was given its second ' p~s se ~ reading and duly ~[ and adopted at a regular meeting 1978, by the held on the 16th day of J~nu~y following vote: AYES: COUNCILMEN: SHARP, WELSH__L EDGAR~_ SC}TUSTE__R NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: SALTARELLI Publish Tustin News January 26, 1978