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HomeMy WebLinkAboutAgenda Report - November 20, 2013 J-02AGENDA ITEM J-02 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1887 Entitled, "An Ordinance of the Lodi City Council Adopting the `2013 California Mechanical Code'; Thereby, Repealing and Reenacting Lodi Municipal Code Chapter 15.08 in Its Entirety" MEETING DATE: November 20, 2013 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1887. BACKGROUND INFORMATION: Ordinance No. 1887 entitled, "An Ordinance of the Lodi City Council Adopting the `2013 California Mechanical Code'; Thereby, Repealing and Reenacting Lodi Municipal Code Chapter 15.08 in Its Entirety," was introduced at the regular City Council meeting of November 6, 2013. 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 RJO/jmr Attachment None. None required. APPROVED: ,4,H�a • n'2dty _rk Ko". nradt Bartlam, City -Manager council/councom/OrdinanceZdoc ORDINANCE NO. 1887 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2013 CALIFORNIA MECHANICAL CODE"; THEREBY, REPEALING AND REENACTING 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 Lodi Municipal Code Chapter 15.08, "California Mechanical Code," is hereby repealed and reenacted in its entirety to read as follows: 15.08.010 Adoption The provisions set forth in the "2013 California Mechanical Code," together with Chapter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 "2013 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 114.2 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 114.5 and 114.5.1 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 authority that 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 II (Board of Appeals). 15.08.070 Violation — Misdemeanor. 15.08.010 Adoption The provisions set forth in the "2013 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 "2013 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 114.2 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 114.5 and 114.5.1 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 authority that shall be in addition to the required permit fee. 15.08.050 Installation Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010, is amended to read as follows: Section 303.1.2 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) Section 108.0 and 108.1 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 Official with 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 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 if the City so as to provide a basis of civil liability for 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. 11 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, 2014 which date is at least 30 days after passage of this ordinance. Approved this 20th day of November, 2013 ALAN NAKANISHI Mayor Attest- RANDI JOHL-OLSON City Clerk State of California County of San Joaquin, ss. I, Randi Johl-Olson, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1887 was introduced at a regular meeting of the City Council of the City of Lodi held November 6, 2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 20, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Mounce I further certify that Ordinance No. 1887 was oved and signed by the Mayor on the date of its passage and the same has beptfpofished pursuant to law. RA -OLSON City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City A!tpmey, City of Lodi By: � ADI D. MAGDICH -4 ..Deputy City Attorney