HomeMy WebLinkAboutOrdinances - No. 1679AORDINANCE NO. 1679-A
AN ORDINANCE ADOPTING THE "UNIFORM BUILDING CODE,"
VOLUMES 1,2, AND 3, 1997 EDITION, WHICH CODES REGULATE THE
DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, USE AND
OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS OR
STRUCTURES IN THE CITY OF LODI, PROVIDING FOR THE ISSUANCE
OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING'
PENALTIES FOR THE VIOLATIONS THEREOF; REPEALING SECTIONS
15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060,
15.04.070, 15.04.080 AND 15.04.090 INCLUSIVE OF THE CODE OF THE
CITY OF LODI, AND ALL OTHER ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City Council of the City of Lodi did on the 4th day of August, 1999,
schedule a public hearing thereon for August 18, 1999, at the hour of 7:OO o'clock p.m. of said
day in the Carnegie Forum, 305 West Pine Street, Lodi, California, in accordance with the
provisions of Section 50022.1 et seq. of the Government Code; and
WHEREAS, 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
WHEREAS, at the time set for hearing no protests were received by the City Council.
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.04.01 0, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060,
15.04.070, 15.04.080, and 15.04.090 of the Code of the City of Lodi are hereby repealed and
the same are superseded and replaced by new Sections 15.04.010, 15.04.020, 15.04.030,
15.04.040, 15.04.050, 15.04.055, 15.04.060, 15.04.070, 15.04.080, and 15.04.090 to read as
hereinafter set forth.
Section 2.
to read in full as follows:
There is hereby adopted a new Section 15.04.010 of the Code of the City of Lodi
Sec. 15.04.010. Adoption. The provisions set forth in the "Uniform Building Code,"
1997 Edition, Volumes 1, 2, &3, together with appendix Chapters 3 Div. I, 4 Div. 11, 10,
12 Div. I & II, 15, 18, 30, 31 Div. II & Ill, 33, and 34 thereto, are hereby adopted as the
Building Code of the City of Lodi. The Building Code of the City of Lodi shall apply to all
matters pertaining to the erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height, area, and
maintenance of buildings or structures in the City of Lodi, California; the issuance of
building permits and the collection of fees therefore; and the enforcement of the rules
and regulations as set forth in said "Uniform Building Code," 1997 Edition Volume 1,2,
&3, and appendixes thereto.
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Section 3.
to read in full as follows:
There is hereby adopted a new Section 15.04.020 of the Code of the City of Lodi
Revisions, additions and deletions. The revisions, additions and deletions to the code
adopted by the preceding section are hereby approved by the City Council as exceptions
are as follows:
Sec. 15.04.020
UBC Chapter 34: Sec. 3404. Add section--
"No person shall move or cause to be moved any building or structure within the
incorporated area of the City of Lodi without first obtaining a moving permit from the
Chief Building Inspector. Any such building or structure not fully meeting the
requirements of the Building Code shall be repaired or remodeled in conformity with the
provisions of this code either at the time of moving or after reaching its destination. In
the event that the repair or remodel cannot be done before moving, the owner of the
building or structure may, for the purpose of obtaining the moving permit, file with the
Building Department a corporate surety bond or cash in an amount equal to the sum of
the repair or remodel, said amount as estimated by the Chief Building Inspector; said
bond guaranteeing that the repairs or remodel shall be completed within six months from
the time of moving. In the event the remodel or repairs have not been completed in the
specified time, the Chief Building Inspector shall initiate steps to complete repairs or
remodel and apply costs against the forfeited bond.
"Notwithstanding the provisions of this section of the code, if in the opinion of the Chief
Building Inspector the building or structure is not suitable for the purposes proposed
and/or structurally does not conform to the minimum requirements of this ordinance, a
moving permit can be refused.
"A written notice of appeals may be filed as per the allowed time limits for a hearing
before the Board of Appeals of the City of Lodi as per Section 105 of the Building Code
of the City of Lodi."
Section 4.
to read as follows:
There is hereby adopted a new Section 15.04.030 of the Code of the City of Lodi
Section 15.04.030
UBC CHAPTER 1: Section 104.1. Change to read:
"There is hereby established in the City of Lodi a Building Division of the Community
Development Department which shall be under the jurisdiction of the Chief Building
Inspector designated by the appointing authority, and whenever in this Code reference is
made to 'Building Official" it shall mean the Chief Building Inspector of the City of Lodi or
his authorized representative."
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Section 5.
to read as follows:
There is hereby adopted a new Section 15.04.040 of the Code of the City of Lodi
Section 15.04.040
UBC CHAPTER 1: Sec. 105.1 Change to read:
“In order to determine the suitability of alternate materials and types of construction and
to provide for reasonable interpretations of this code, the City Council shall sit as a board
of appeals. The Chief Building Inspector 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 Chief Building Inspector with the other copy to the applicant.”
Section 6.
to read in full as follows:
There is hereby adopted a new Section 15.04.050 of the Code of the City of Lodi
Section 15.04.050
UBC CHAPTER 1: Sec. 107.1. Change paragraph 1 to read:
“Building Permit Fees. A fee for each building permit required by this Code shall be paid
to the City of Lodi as set forth in Table No. I-A, as modified herein. Fees shall be paid
prior to permit issuance.
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TABLE NO. 1-A
TOTAL VALUATION FEES
$ 1.00
$ 501
$ 2,001
$ 25,OO
$ 50,OO
to$ 500
to $ 2,000
to $ 25,000
to $ 50,000
to $100,000
$100,001 to $1,000,000
$1,000,001 and up
$20.00
$20.00 for the first $500
plus $2.00 each additional .
$1 00 or fraction thereof, to
and including $2,000.
$50.00 for the first $2,000
plus $10.00 for each
additional thousand or
fraction thereof to and
including $25,000.
$280 for the first $25,000
plus $7.25 for each additional
thousand, or fraction thereof,
to and including $50,000.
$461.25 for the first $50,000
plus $5.00 for each additional
thousand, or fraction thereof,
to and including $100,000.
$71 1.25 for the first $1 00,000
plus $3.90 for each additional
thousand, or fraction thereof.
$4,221 -25 for the first
$1,000,000 plus $2.80 for each
additional thousand or fraction
thereof.
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OTHER INSPECTION FEES AND REFUNDS:
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) ....................
2. Reinspection fee assessed under provision
of Section 108.8. ....................................
3. Inspection for which no fee is specifically
indicated .................................................
4. Additional plan review required by changes,
additions or revisions to approved plans.
(Minimum charge - one-half hour) ..........
$45.00 per Hr.
$35.00 each
$34.00 per Hr.
$34.00 per Hr
5. Special inspections required by owners, real estate
agencies, or loan agencies to determine compliance - -
to the Building Code in effect at the time of
construction:
First hour ............................................. $ 80.00
Each additional hour ............................ $34.00
6. Refunds on all permits shall be subject to a $35.00
administrative processing fee.
7. Board of Appeals Fee .............................. $250.00
8. Demolition Permit .................................... $ 60.00
Section 7.
to read as follows:
There is hereby adopted a new Section 15.04.055 of the Code of the City of Lodi
Section 15.04.055
Special Inspections - Downtown business district.
A. Notwithstanding paragraph 5 of Section 15.04.050 above, special inspection fees
required to determine compliance with the building code for all buildings and
structures located within the area designated by Section 13.12.195(8) as the
downtown business district shall be waived.
B. This section shall expire and shall be of no further force or effect after July 1,
2000. The city council finds and declares that this action is taken to protect and
preserve a crucial part of Lodi's economy and to preserve a portion of the city's
heritage by offering incentives for businesses to locate, relocate or expand
existing commercial uses within this downtown area.
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Section 8.
to read as follows:
There is hereby adopted a new Section 15.04.060 of the Code of the City of Lodi
Section 15.04.060
UBC CHAPTER 5: Sec. 503,
Table No. 5A - Exterior Wall and Opening Protection of Occupancies Based on Location
of Property - add note 8:
8: “Group A, B, E, F, HI I, M, and S Occupancies: Fire Resistance of Exterior Walls
“Exterior walls of 11 One-hour, 11-N and Type V construction shall be of four-hour fire-
resistive construction when they are less than five feet (5’) to the property line and no
openings shall be permitted”
Section 9.
to read as follows:
There is hereby adopted a new Section 15.04.070 of the.Code of the City of Lodi
Section 15.04.070
UBC CHAPTER 23: Sec. 2306.3. Underfloor Clearance. Change first paragraph to
read:
“When wood joists, girders, or the bottom of wood structural floors without joists are
located closer than 18 inches to exposed ground in crawl spaces or unexcavated areas
located within the periphery of the building foundation, the floor assembly, including
posts, girders, joists and subfloor, shall be approved wood of natural resistance to decay
as listed in Section 2317.4 or treated wood.”
Section 10. There is hereby adopted a new Section 15.04.080 of the Code of the City of Lodi
to read as follows:
Section 15.04.080
UBC CHAPTER 18: Sec. 1806.1. Add third paragraph
“Concrete or masonry shall not be poured or set against wood, such as exterior porch,
patio slab or concrete steps; the foundation height shall be increased sufficiently to
insure concrete to concrete contact and any substitute shall have the specific approval of
the Chief Building Inspector.”
Section 11. There is hereby adopted a new Section 15.04.090 of the Code of the City of Lodi
to read as follows:
Section 15.04.090 Violation --Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or
structure in the city, or cause the same to be done, contrary to or in violation of any of
the provisions of the building code adopted by section 15.04.01 0.
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B. Any person, firm, or corporation violating any provision of this Code shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a
fine and/or imprisonment set forth by the governing laws of the jurisdiction. Each
separate day or any portion thereof, during which any violation of this Code occurs or
continues, shall be deemed to constitute a separate offense.
Section 12 - No Mandatow 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 by law.
Section 13 - Severabilitv. 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.
Section 14.
such conflict may exist.
All ordinances and parts of ordinances in conflict herewith are repealed insofar as
Section 15. 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 thirty days after its passage.
Approved this 1’‘ day of September, 1999.
Keith Land
Mayor
Attest:
City Clerk
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State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1679-A
was introduced at a regular meeting of the City Council of the City of Lodi held August 18, I999
and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held September 1 , 1999 by the following vote:
AYES: COUNCIL MEMBERS - Hitchcock, Mann, Nakanishi, Pennino and Land
(Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS -None
I further certify that Ordinance No. 1679-A was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
Amroved as to Form:
RANDALL A. HAYS
City Attorney
City Clerk
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