HomeMy WebLinkAboutAgenda Report - November 17, 2010 K-04AGENDA ITEM K-04
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1837 Entitled, "An Ordinance of th Lodi City Council Adopting the
`2010 California Plumbing Code'; Thereby, Repealing and Re -Enacting Lodi
Municipal Code Chapter 15.12 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. 1837.
BACKGROUND INFORMATION: Ordinance No. 1837 entitled, "An Ordinance of the Lodi City Council
Adopting the `2010 California Plumbing Code'; Thereby, Repealing
and Re -Enacting Lodi Municipal Code Chapter 15.12 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't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/JMR
Attachments
None.
None required.
Zanhl
City Clerk
n
APPROVED:
Kohrg& Bartlam, Interim City Manager
council/c ouncorn/Ordinance4.doc
ORDINANCE NO. 1837
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2010 CALIFORNIA PLUMBING CODE";
THEREBY, REPEALINGAND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.12, "California Plumbing Code," is
hereby repealed and reenacted to read as follows:
Chapter 15.12
Plumbing Code
15.12.010
Adoption.
15.12.020
Department Having Jurisdiction.
15.12.030
Plumbing Permit Fees.
15.12.040
Fee Schedule.
15.12.050
Investigation Fee.
15.12.060
Violation — Misdemeanor.
15.12.010 Adoption
The provisions set forth in the "2010 California Plumbing Code" together with
Chapter 1 Administration Division II are hereby adopted as the Plumbing 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 Plumbing Code of
the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems, and
gas fittings in the City of Lodi.
15.12.020 Department Having Jurisdiction
The Building Division of the Community Development Department and the
Building Official or his/her authorized representative shall enforce the provisions of this
Chapter and shall have all of the duties and rights of the Administrative Authority as
provided in the 2010 California Plumbing Code.
15.12.030 Plumbing Permit Fees
A fee for each plumbing permit required by this Chapter shall be paid to the City
of Lodi. Fees shall be paid prior to permit issuance.
15.12.040 Fee Schedule
Section 103.4 The schedule of plumbing permit fees required by this Chapter will
be those established and adopted by City Council from time to time by resolution.
15.16.050 Investigation Fee —Work Without a Permit
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 authority that shall be in addition to the required
permitfee.
15.12.060 Violation — Misdemeanor
A. It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, demolish, equip,
use or maintain any plumbing or permit the same to be done in 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 15.12.060(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 manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed bylaw.
Section 3. Severability. If any provision caf 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 invaliditycf any particular portion thereof.
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
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.
i•
Approved this 17" day of November, 2010
PHIL KAZATKIAN
Mayor
Attest:
RAN D
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. 1837 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. 1837 was approved and signed by the Mayor
on the date of its passage and the same has been pu�� pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney, City of Lodi
Y: CED MAnnir."
JA CE D. MAGDICH
_ `�5eputy City Attorney
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