HomeMy WebLinkAboutOrdinances - No. 1621AORDINANCE N0.1621-A
AN ORDINANCE ADOPTING THE “UNIFORM
BUILDING CODE,” VOLUMES 1, 2, AND 3, 1994
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 15th day of November, 1995,
schedule a public hearing thereon for December 6, 1995, at the hour of 7:OO o’clock p.m. of said
day in the Camegie 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 15.04.010, 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15.04.070, 15.04.080, and 15.04.090 of the Code of the City of Lodi are hereby repealed and the
same are superseded and replaced by new Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040,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, There is hereby adopted a new Section 15.04.010 of the Code of the City of
Lodi to read in full as follows:
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See. 15.0 4.010. Adop tion. The provisions set forth in the “Uniform Building Code,”
1994 Edition, Volumes 1, 2, &3, together with appendix Chapters 3 Div. I, 4 Div. I1 & 111, 12
Div. 11, 15, 18, 30, 31 Div. I1 & III,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,” 1994 Edition Volume 1,2, &3, and appendixes thereto.
section 3. There is hereby adopted a new Section 15.04.020 of the Code of the City of
Lodi to read in full as follows:
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.”
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Section 4, There is hereby adopted a new Section 15.04.030 of the Code of the City of
Lodi to read as follows:
Section 15.04.030
UBC CHAPTER 1: Sec. 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.”
Section L There is hereby adopted a new Section 15.04.040 of the Code of the City of
Lodi to read as follows:
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. There is hereby adopted a new Section 15.04.050 of the Code of the City of
Lodi to read in full as follows:
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. 1-A, as modified herein. Fees shall be paid prior to
permit issuance.
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TABLENO. 1-A
TOTAL VALUATION FEES
$ 1.00 to $ 500 $20.00
$ 501 to $ 2,000
$ 2,001 to $ 25,000
$ 25,001 to $ 50,000
$ 50,001 to $ 100,000
$ 100,001 to $1,000,000
$1,000,001 and up
$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 $100,000.
$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.
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OTHER INSPECTION FEES AND REFUNDS:
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) ..................... $40.00 per Hr.
2. Reinspection fee assessed under provision
of Section 108.8. ....................................... $30.00 each
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) ...........
$30.00 per Hr. ..
$30.00 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 .............................. $30.00
6. Refunds on all permits shall be subject to a $35.00
administrative processing fee.
7. Board of Appeals Fee ................................
8. Demolition Permit .....................................
$250.00
$ 50.00
Section 7. There is hereby adopted a new Section 15.04.055 of the Code of the City of
Lodi to read as follows:
Section 15.0 4.055
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(B) as the downtown business district shall be
waived.
B. This section shall expire and shall be of no further force or effect after January 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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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
UBC CHAPTER 5: Sec. 503.
Table No. 5A - Wall and Opening Protection of Occupancies Based on Location of
property - change to read:
“Group A, B, E, F, H, I, M, and S Occupancies: Fire Resistance of Exterior Walls
“Exterior walls of 1 1 One-hour, 1 1-N and Type V construction shall be of four-hour fire-
resistive construction when they are closer than five feet (5’) to the property line with no
openings permitted”
Section 9, There is hereby adopted a new Section 15.04.070 of the Code of the City of
Lodi to read as follows:
Section 15.04.070
UBC CHAPTER 23 : Sec. 2317.3. 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
23 17.4 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:
won 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.”
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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 __ Misdemea nor
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 15.04.010.
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 andor
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 Mdtoy 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 - Severabilk. 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. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
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 20th day of December, 1995.
--
DAVID P. WARNER
Mayor
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Attest:
State of California
County of San Joaquin, ss.
I, Jacqueline L. Taylor, Deputy City Clerk of the City of Lodi, do hereby certify that Ordinance
No.1621-A was introduced at a regular meeting of the City Council of the City of Lodi held
December 6, 1995 and was thereafter passed, adopted and ordered to print at a regular meeting of
said Council held December 20, 1995 by the following vote:
Ayes:
Noes: Council Members - Davenport
Absent: Council Members - None
Council Members - Mann, Pennino, Sieglock, Warner (Mayor)
Abstain: Council Members - None
I further certify that Ordinance No. 1621-A was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved as to Form
RANDALL A. HAYS
City Attorney
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