HomeMy WebLinkAboutAgenda Report - June 6, 1984 (70)ORD. ADOPTING
T11F t'N I FOitltt
I IOt rS I Nr CODE.
\19 8 2 ED I'1' 1 ON
�•1;, L I }♦ •F Vii[ 4�
►ram, CITY COUNCIL MEETING �, t• a
•,� JUNE 6, 1984
Rr d v :• 1 f t y i) R t.r,�t .
t r< ; t•_:. ` , ice_.
Ordinance No. 1320 - An Ordinance adopt irig the
"Urni form llousing Code" . 1982 t:di t ion which Ord ini►nce
was int roduved at it regular meeting of the Locii Ci ty
Council held May 1 G • 1984 wa, brought up for passage
on mot i oti of Ite i et 1 ll : r►f•hman swot!. Second reading
ORD. NO. 1320 of the Ordinance wa,, a►rti t tett after reading by title,
ADOPTIED and the Ore! i naneer Wil', t hen aetopt e.d and ordered t o
Nq
print by the fol10%virt(ti vote•:
�\ Ayes: Cf>une i t 1lembers - llinchman Reid.
& Snider (Mayor)
Nous : (:Dunt' i I itlembe rs - None
Absent: Cnuncil Members - Olson & Pinkerton
(TDINANCE NQ. 1320
AN CRDINANCE ADOPTING UM "lN1F= :BUSING CEDE,"
1982 EDITICN, WiIQI CODE PRDVIDES : M 11W, MINtll01
RBQUIRMI MS FTI TIE PiiCJIFJG'i M OF LIFE, LIMB, Hf 11i,
PIMEM. SAFEIY AND iVEIYARE OF THE. UMMI, PUBLIC
AND IM CaPMS AND OOGUPAM*S OF RESIMMIAL BUILDINGS;
PWVIDING PENALTIES FM ViOLATICN IMU30F; REPEALING
SBCPICNS 11A-1 T1IUMI 11A-3 1NCUl M OF 111E CME OF
7HE CITY OF IIDi Adm ALL OMER CRDINANCIS AND PA U$
OF (RDINANCFS IN QNFLICT T1-0011711.
IW REAS. the City Council of the City of Lodi did en the 2nd day of
May. 1984 read the tide of the above entitled ordinance and did thereupon
schedule a public hearing thereon for play 16, 1984 at the hour of 8:00
o'clock p.m. of said day in the Council Chambers of the City Hail, Lodi.
California. in accordance with the provisions of Section 50022.1 et seq.. of
the Government Code; and
1111IRFAS. notice of the hearing was published twice in a newspaper of
general circulation in accordance with the provisions of Section 50022.3 of
the Government Code as appears by the Affidavit of Publication on file
therein; and
V1WRFAS. at the time set for hearing no protests were received by the
City Council:
NOW TIS, the City Council of the City of Lodi does ordain as
follows:
Section 1. Adoption.
The provisions set forth in the "Uniform Housing Code." 1982 Edition,
together with appendixes thereto. are hereby adopted as the Housing Code of
the City of Lodi. The Housing Code of the City of Lodi shall apply in all
matters pertaining to all buildings or portions thereof used, or designed
or intended to be used, for hunan habitation within the City of Lodi.
Section 2, Revisions, additions and deletions.
The revisions, additions and deletions to the "Uniform Housing Code,"
1982 Edition, adopted by the preceding section. which are hereby approved
by the City Council as exceptions. read as follows:
(a) Delete Sec. 203, "lousing Advisory and Appeals Board."
(b) Add to See. 401 "Definitions," subparagraph "Board of Appeals,"
to read as follows:
"Whenever in this Code reference is made to the 'Board of Appeals.'
'Appeals Board.' or 'Housing Advisory Board' it shall mean the City Council
of the City of Lodi."
(c) Add to Sec. 401 "Definitions," subparagraph 'Building Official'
to read as follows:
"Whenever in this Code reference is made to the 'Building Official' it
shall mean the legally designated Chief Building Inspector of the City of
Lodi or his authorized representative."
(d) See. 401, "Definitions," subparagraph "health Officer," change to
read:
"Whenever in ;his Code reference is made to the 'City health-Offi-cer'
or 'Health Officer' :! ^:w:' mean the legally designated Director of the
San Joaquin Local health District or his authorized representative."
-i-
(e) Add to Sec. 401, "Defi:d tions," subparagraph 'Fire N-brshal,' to
read as follows:
"Whenever in this Code reference is made to the 'City Fire Marshall or
'Fire Marshal' it shall wenn the Fire Marshal of the City of Lodi or his
authorized representative."
(f) Sec. 1201 (a). (b) and (c). Change to read:
"Sec. 1201. Appeal to City Council.
"Any person aggrieved by any order of the Building Official heremder
to repair, vacate and repair, or demolish any building or structurf:. or
portion thereof, my appeal such order to the City Councli. The appeal.
which shall be in writing and which shatt state the substance of the order
appealed from, shall be submitted to the City Council within ten (10) days
fron the date of personal service or mailing of the order which is being
appealed. The City Council shall set the matter for hearing. Notice of
the date, hour and place of the hearing shall be posted and served at least
ten (10) days before the date set for the hearing in '.he ncumer and upon
the persons specified in Section 1101 (c) (d) and (e). The notice shall
order all interested parties who desire to be heard to appeal and show
cause, if any they have, why the building or structure, or portion thereof,
involved in the proceedings should not be repaired, vacated and repaired,
or demolished."
(g) Sec. 1202. Change to read:
"Hearing Before City Council. At the time stated in the notice, the
City Council shall hold a hearing, and hear and consider any evidence
offered by the Building Official, owner, occupant or person in charge and
control, mortgagee or beneficiary under any deed of trust, lessee, or any
other person having any estate or interest in said building or structure,
pertaining to the matters set forth in the Notice to Repair-, Vacate and
Repair, or Demolish. Upon the conclusion of the hearing, the City Couttdi'l
shall render its 4ecision."
(h) Sec. 1203. Change to read:
"Order of City Council. If, frau a full and fair consideration of the
evidence and testimony received at the hearing, the City Council shall
determine that the building or structure, or any portion thereof, is unsafe
and a public nuisance, then it shall overrule the appeal and issue an order
certified by the City Clerk:
(1) That the building or structure must be repaired, vacated and
repaired, or demolished;
(2) That the occupant, lessee, or other person in possession must
vacate said building or structure, or that he may remain in possession
while repairs are being wade;
(3) That any mortgagee, beneficiary under a deed of trust, or any
other person having an interest or estate in said )molding or structure
may, at his own risk, repair, vacate and repair, or demolish it.
"The order shall (i) set forth the infotnation required in Section
1101(b) paragraph 1, (it) contain a statement of the particulars that
render the building or structure unsafe and a public nuisance; and (iii)
contain a statement of the things required to be done. The order shall
specify (i) the time within which the work required must be commence, which
shall be not less than ten days after the issuance of the order, and (it) a
reasonable time within which the work shall be cmpleted.
(i) See. 1204. Change to read:
"Serving and Posting of Order of City CD-mcil. Copies of the order of
the City Council shall be posted on the building or structure involved and
-2-
1
i
served in the mariner and upon the persons specified in Section 1101 (e),
(d) and (e)."
(j) Delete Sections 1301 through 1305 inclusive, "Procedure for
j Conduct of Hearing Appeals."
(k) Sec. 1501 (a) and (b). Change to read:
"Sec. 1501. Sale, Repair or Demolition.
i"Whenever an order to repair, vacate and repair. or demolish any
building or structure. or any portion thereof, has not been emplied with
within the time set by the Building Official, or by the City Council
whether under appeal or not. the City Council shall have the power, in
addition to any other remedy herein provided. to:
"(1) Cause the material of any such building or structure to be sold
In any mummer that the Council may determine upon; provided, however-. that
any such sale shall be upon contlition that the building or structure be
forthwith demolished. the wreckage and debris thereof removed and the lot
cleaned. The Council may sell any such building singly or otherwise. Any
surplus from the sale of any such building or structure. or group of
buildings and structures, over and above the cosi of demolition and of
cleaning the site shall be retained to be distributed to the parties or
persons lawfully entitled thereto.
"(2) Cause the building or structure to be repaired or demolished.
The cost thereof shall be assessed against the property upon which the
particular building or structure is located. The repair- or demolition of
any building or structure, or sale of alae materials thereof, shall be by a
i contract awarded following advertiaement for bids, tv the lowest and best
bidder in the case of repair or dcimlition work and to the highest and best
{ bidder in the case of the sale of material.
} "Arrangawnts, as prescribed by the City Council in this section,
preparing for the repair, clawlition, or sale of materials, of or from any
structure discussed in this Code shall be the responsibility of the
Building Official. however no such arrangements nor other- work to that
end shall be initiated prior to specific instructions from the City Council
indicating such action."
(1) Delete Sec. 1502, "Repair and Demolition F1nd,"
(m) Delete See. 1609, "Report to Assessor and Tax Collector:
! Addition of Assessment to Tax Bill."
(n) Delete Sec. 1612, "Repayment of Repair and Demolition Fluid."
Section 3. Violations and Penalties: No person. whether as owner,
lessee, sublessee, or occupant,. sha-11 erect, construct, enlarge, alter,
repair. move, improve, remove, demolish. equip, use, occupy, or maintain
any building or premises, or cause or permit the same to be done, contrary
to, or in violation of, any of the provisions of this Code or any order
Issued by the Chief Building Inspector hereunder-. Any person violating the
provisions of this Section shall be guilty of a misdemeanor for each day
such violation continues.
Section 4. This ordinance shall be published one time in the "Lodi
i News F."r a newspaper of general circulation printed and published in
the City of Lodi, and shall be in force and take effect thirty days after
Its passage and approval.
Approved this 6th day of June, 1984
yor
-3-
Attest:
Alice W.. Reinrhe
City Clerk
State of CalVornin
County of Sm, Joaquin, ss.
1, Alice K Ret-whe. City Clark of the City. of Lodi,
do hereby certify that Ordinance No. 1320 was introduced
at a regular meting of the City Council of the City of
Lodi held May 16. 1984 and was thereafter passed. adopted
and ordered to print at a regular meting- of said Council
held June 6, 1984. by the following vote:
Ayes: Counett Aim1bers - Hinchran. Reid, PM Snider (Mayor)
Noes: Council ItUrbers - None
Absent: Council Members - Olson and Pinkerton
Abstain; Council Members - None
I further certify. that Ordinance No. 1320 was approved and
signed by the Mayor on the date of its passage and the
same has been published pursuant to low.
Alice M. Rei=he
City Clerk
Approved as to form
Ronald M. Stein
City Attorney
-4-
F1