HomeMy WebLinkAboutOrdinances - No. 1719ORDINANCE NO. 1719
AN ORDINANCE ADOPTING THE “2001 CALIFORNIA BUILDING CODE,”
VOLUMES 1,2, AND 3, WHICH CODE REGULATES 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
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 INCLUSIVE OF THE CODE OF THE
CITY OF LODI, AND ALL OTHER ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH
VIOLATIONS THEREOF; REPEALING AND RE-ENACTING SECTIONS
........................................................................ ________-__-_-----------------------------------------------------------
WHEREAS, the City Council of the City of Lodi did on the 16‘h day of October, 2002,
schedule a public hearing thereon for November 6, 2002, at the hour of 7:OO 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 I. Sections 15.04.01 0, 1 5.04.020, 1 5.04.030, 15.04.040, 1 5.04.050, 15.04.055,
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repealed and the same are superseded and replaced by new Sections 15.04.010, 15.04.020,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, and 15.04.060 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. 15.04.01 0 AdoDtion
The provisions set forth in the 2001 California Building Code, Volumes 1, 2, and 3,
including Appendix Chapters 12 Div. I, 15, 18, 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 “2001 California Building
Code,” Volumes 1, 2, and 3, and appendixes thereto.
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
1
Section 15.04.020
CBC CHAPTER 1: Sec.lO5.1
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 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.
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
CBC CHAPTER 1 : Sec. 107. Change to read:
Section 107.1
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.
Section 107.2. The determination of value or valuation under any of the provisions of
this Code shall be made by the Building Official and shall be based of the latest building
valuation data as printed in the Building Standards, published by the International
Conference of Building Officials, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems and any other permanent work or permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Standards.
2
TABLE NO. I-A
TOTAL VALUATION
$1 .OO to $500
$501 to $2,000
$2,001 to $25,000
$25,001 to $50,000
$50,001 to $1 00,000
$1 00,001 to 1,000,000
$1,000,001 and up
FEES
$20.00
$20.00 for the first $500 plus $2.00 each
additional $100 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 $1 00,000.
$71 1.25 for the first $100,000 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.
3
OTHER INSPECTION FEES AND REFUNDS:
1.
2.
3.
4.
5.
6.
7.
8.
Inspections outside of normal business hours
(Minimum charge - 3 hours) $45.00 per hr.
Reinspection fee assessed under provision
Of Section 108.8 $35.00 each
Inspection for which no fee is specifically
Indicated $34.00 per hr.
Additional plan review required by changes,
Additions or revisions to approved plans.
(Minimum charge - one half hour) $34.00 per hr.
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
Refunds on all permits shall be subject to an
Administrative processing fee. $35.00
Board of Appeals Fee $250.00
Demolition Permit $60.00
Section 5. There is hereby adopted a new Section 15.04.040 of the City of Lodi
To read as follows:
Sections 15.04.40
Special Inspections - Downtown business district.
A. Notwithstanding paragraph 5 of Section 15.04.030 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(B) as the
downtown business district shall be waived.
B. 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.
Section 6. There is hereby adopted a new Section 15.04.050 of the Code of the City of Lodi to
read as follows:
Section 15.04.050
ReDetitive submittals (Master Plans) shall be as follows:
4
Oriqinal plan: 65% of buildinq permit fee, plus 10%
Subsequent plans: 25% of buildinq permit fee.
Master plans expire upon tri-annual adoption of new code.
Section 7. There is hereby adopted a new Section 15.04.060 of the Code of the City of Lodi to
read as follows:
Section 15.04.060 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.
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 jurisdiction. Each separate
day or any portion of thereof, during which any violation of this Code occurs or
continues, shall be deemed to constitute a separate offense.
Section 8. No Mandatorv Dutv 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 9. 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 10.
as such conflict may exist.
All ordinances and parts of ordinances in conflict herewith are repealed insofar
Section 11. 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.
5
Approved this 20th day of November, 2002.
Mayor LJ
Attest:
&\ .-7+Q-L+
SUSAN J. BLACKST&
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1719
was introduced at a regular meeting of the City Council of the City of Lodi held November 6,
2002 and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held November 20, 2002 by the following vote:
AYES: COUNCIL MEMBERS - Hitchcock, Howard, Land, Nakanishi, and Mayor
Pennino
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1719 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
6