HomeMy WebLinkAboutAgenda Report - November 17, 2010 K-02AGENDA ITEM K-02
9% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1835 Entitled, "An Ordinance of the Lodi City Council Adopting the
`2010 California Mechanical Code'; Thereby, Repealing and Re -Enacting Lodi
Municipal Code Chapter 15.08 in Its Entirety"
MEETING DATE: November 17,2010
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1835.
BACKGROUND INFORMATION: Ordinance No. 1835 entitled, "An Ordinance of the Lodi City Council
Adopting the `2010 California Mechanical Code'; Thereby,
Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in
Its Entirety," was introduced at the regular City Council meeting of November 3, 2010.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov fCode§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov fCode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi Johl
City Clerk
RJ/jmr
Attachment
APPROVED:
Konradt Bartlam, Interim Citv Manager
cou nci I/coun com/Ord inance2.doc
ORDINANCE NO. 1835
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2010 CALIFORNIA MECHANICAL
CODE"; THEREBY, REPEALING AND RE-ENACTING
LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS
ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1 - Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is
hereby repealed and reenacted in its entirety to read as follows:
15.08.010 Adoption
The provisions set forth in the "2010 California Mechanical Code," together with
Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the
City of Lodi and copies of the same are maintained by the City Building Official and
available for review in the Community Development Department. The Mechanical Code
of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration,
repair, relocation, replacement, addition to, use, or maintenance of any heating,
ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous
heat -producing appliances; to the issuance of permits and the collection of fees
therefore; and the enforcement of the rules and regulations as set forth in said "2010
California Mechanical Code" within the City of Lodi.
15.08.020 Mechanical Permit Fees
A fee for each mechanical permit required by this Chapter shall be paid to the
City of Lodi. Fees shall be paid prior to permit issuance.
15.08.030 Fee Schedule
Section 115.2 is amended to read as follows: The schedule of Mechanical Permit
fees required by this Chapter will be those established and adopted by the City Council
from time to time by resolution.
15.08.040 Investigation Fee —Work Without a Permit
Sections 115.5, 115.5.1, and 115.2 are amended to read as follows: Work
Commenced before permit is issued. Any person who commences work requiring a
permit before obtaining the necessary permits shall be subject to a fee established by
the applicable governing authoritythat shall be in addition to the required permit fee.
Chapter 15.08
Mechanical Code
15.08.010
Adoption.
15.08.020
Mechanical Permit Fees.
15.08.030
Fee Schedule.
15.08.040
Investigation Fee.
15.08.050
Installation.
15.08.060
CMC Chapter 1, Division 11 (Board of Appeals).
15.08.070
Violation — Misdemeanor.
15.08.010 Adoption
The provisions set forth in the "2010 California Mechanical Code," together with
Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the
City of Lodi and copies of the same are maintained by the City Building Official and
available for review in the Community Development Department. The Mechanical Code
of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration,
repair, relocation, replacement, addition to, use, or maintenance of any heating,
ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous
heat -producing appliances; to the issuance of permits and the collection of fees
therefore; and the enforcement of the rules and regulations as set forth in said "2010
California Mechanical Code" within the City of Lodi.
15.08.020 Mechanical Permit Fees
A fee for each mechanical permit required by this Chapter shall be paid to the
City of Lodi. Fees shall be paid prior to permit issuance.
15.08.030 Fee Schedule
Section 115.2 is amended to read as follows: The schedule of Mechanical Permit
fees required by this Chapter will be those established and adopted by the City Council
from time to time by resolution.
15.08.040 Investigation Fee —Work Without a Permit
Sections 115.5, 115.5.1, and 115.2 are amended to read as follows: Work
Commenced before permit is issued. Any person who commences work requiring a
permit before obtaining the necessary permits shall be subject to a fee established by
the applicable governing authoritythat shall be in addition to the required permit fee.
15.08.050 Installation
Section 304.1 Installation. The California Mechanical Code adopted in Section
15.08.010, is amended to read as follows:
Section 304.1. 2. Location of heating and cooling equipment. Heating, cooling,
and swimming pool equipment shall not be located within the required five-foot side yard
setback as defined by the City of Lodi Zoning Ordinance for residential zonings.
15.08.060 CMC Chapter 1, Division II (Board of Appeals)
Sec. 110.1 - In order to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of this Chapter, the City
Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio
member and shall act as secretary of the Board. Three members present shall constitute
a quorum and no act of the board shall be valid unless a majority of the full board shall
concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for
conducting a meeting and investigations and shall render a decision and findings in
duplicate. A copy will go to the Building Officialwith the other copy to the applicant.
15.08.070 Violation — Misdemeanor
A. It shall be unlawful for any person, to erect, install, alter, repair, relocate,
add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration
equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of
any of the provision of this Chapter. Maintenance of equipment, which was unlawful at
the time it was installed and which would be unlawful under this Code if installed after
effective date of this Chapter, shall constitute a continuing violation of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty of a
misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each
separate day or any portion of thereof, during which any violation of this Chapter occurs
or continues, shall be deemed to constitute a separate offense and punished
accordingly.
C. In addition to the penalties set forth in Section 15.08.070(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code.
Section 2. — No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a mannerwhich imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside if the City so as to provide a basis of civil liabilityfor damages, except as
otherwise imposed by law.
Section 3. — Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
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Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect January 1, 2011, which date is at least 30 days after passage
of this ordinance.
Approved this 171h day of November, 2010
PHIL KATZAKIAN
Mayor
Attestrt
RAIVQLJJDML
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1835 was introduced at a regular meeting of the City Council of the City of Lodi held
November 3, 2010, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held November 17, 2010, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
further certify that Ordinance No. 1835 w roved and signed by the Mayor
on the date of its passage and the same has b n pu shed pursuant to law.
RA IJ
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Att City of Lodi
JANIC�" D. MAGDICH
Dep ty City Attorney
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