HomeMy WebLinkAboutOrdinances - No. 1476D*
ORDINANCE NO. 1476 - D
AN OPD!NANCE ADOPTING THE "LIF!IFORM HOUSING CODE." .~ ~
1986 EDITION, WHICH CODE~~RDYIDES FOR THE MINIMUM
REQUIREMENTS FOE THE PROTECTION OF LIFE, LIMB, HEALTH,
PROPERTY. SAFETY AND WELFARE OF THE GENERAL PUBLIC
AND THE OWNERS ANC OCCUPANTS OF RESIDENTIAL BUILDINGS;
PROVIDING PENALTIES FOR VIOLATION THEREOF: REPEALING
SECTIONS 15.24-010 THROUGH 15.24.130 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 17th dzy of
January, 1990 read the title of the above entitled ordinance and did
thereupon schedule a public hearing thereon for February 7, 1990 at the
hour of 8:00 o'clock p.m. of said day in the Council Chambers of the City
Hall, 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
f 01 1 oh's :
Section 1. Adoption.
The provisions sot forth in the "Uniform Housing Code," 1988 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 human habitation within the City of
Lodi.
Section 2. Revisions, additions and deletions.
The revisions, additions and deletions to the "Uniform Housing Code,"
1988 Edition, adopted by the preceding section, which are hereby approved
by the City Council as exceptions, read as follows:
(a) Delete Sec. 203, "Housing Advisory and Appeals Board."
(b) Add to Sec. 401 "Definitions," subparagraph "Board of Appeals,"
to read 8s follows:
"Mhenever 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'
"Whenever in this Code reference is made to the 'Building Official'
to read as follows:
it shall mean the legally designated Chief Building Inspector of the City
of Lodi or his authorized representative."
(d) Sec. 401, "Definitions," subparagraph "Health Officer," change
to read:
"Whenever in this Code reference is made to the 'City Health Officer'
or 'Health Officer' it shall mean the legally designated Director of the
San Joaquin County Environmental Health Division or his authorized
representative. 'I
read as follows:
(e) Add to Sec. 401, "Definitions," subparagraph 'Fire Marshal,' to
"Whenever in this Code reference is made to the 'City Fire Marshal'
or 'Fire Marshal' it shall mean 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 hereunder
to repair, vacate and repair, or demolish any building or structure, or
portion thereof, may apoeal such order to the City Council. The appeal,
which shall be ill writing and which shsll state the substance of the order
appealed from, shall be submitted to the City Council within ten (10) days
from the date of personai 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 hearinq shall be posted and served at
least ten (10) oays before the aate set for the hearirg in the manner 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."
(9) Sec. 1202. Chanse 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 buildin2 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 Council
shall render its decision."
(h) Sec. 1203. Change to read:
"Order of City Council. If, from a full and feir consideration of
the evidence and testimony received at the hearing, the City Council shell
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 made;
(3) That any mortgagee, beneficiary under a deed of trust, or any
other person having an interest or estate in said building or structure
may, at his own risk, repair, vacate and repair, or demolish it.
"The order shall (i) set forth the information required in Section
1101(b) paragraph 1, (ii) 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
(ii) a reascnable time within which the work shall be completed.
(i) Sec. 1204. Change to resd:
"Serving and Post<nc cf Order of City Councjl. Copies of the order
~f the City Council shall be posted on the building or structure involved
and served in the manner z.nd upon the persons specified in Section 1101
(c). (6) and (e!."
(j) Delete Sections !301 through 1305 inclusive, "Procedure for
Conduct of Hearin? Appeals."
(k) Sec. 1501 (a) and (b). Change to read:
"Sec. 1501. Sale, Repair or Demolition.
"Whenever an order to repair, vacate and repair, or demolish any
building or structure, or any portion thereof, has not been complied 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 tc any other remedy hereip provided, to:
Cause the material of any such building or structure to be sold
in any manner that the Council may determine upon; provided, however, that
any such sale shell be upor? condition that the building or structure be
forthwith demolished, the wreckape and debris thereof removed and the lot
"(1)
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 cost of demolition and of
cleaning the site shall be retained to be distributed to the parties or
persons lawfully entitled thereto.
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 the materials thereof, shall be by a
contract awarded following advertisement for bids, to the lowest and best
bidder in the case of repair or demolition work and to the highest and
best bidder in the case of the sale of material.
"Arrangements, as prescribed by the City Council in this section,
"(2)
preparing for the repair, demolition, or sale of materials, of or from any
structure discussed in this Code shall be the responsibility of the
Building Official.
end shall be initiated prior to specific instructions from the City
Council indicating such action."
However, no such arrangements nor other work to that
(1) Delete Sec. 1502, "Repair and Demolition Fund."
(m) Delete Sec. 1609, "Report to P.ssessor and Tax Collector:
(n) Delete Sec. 1612, "Repayment of Repair and Demolition Fund."
Section 3. Violations and Penalties: No person, whether as owner,
lessee, sublessee, or occupant, shall 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
tcj, 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
News Sentinel ,I' a newspaper of general circulation printed and published
in the City of Lodi, and shpll be in force and take effect thirty days
after its passage and approval.
Addition of Assessment to Tax Bill."
Approved this 21st Day of February
Attest:
#'
Mayor
,e
Alice M. R
City Clerk
-4-
State of California
County of San Joaquin, ss .*
I, Alice K. Reirnche, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1476 - D was introduced at a regular meeting of the City Council
of the City of Lodi held February 7, 1990 and was thereafter passed, adopted
2nd ordered to print at an adjourned regular meeting of said Council held
February 21, 1990 by the following vote:
Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and Snider
Noes : Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
(Mayor)
I further certify that Ordinance No. 1476 - D 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:
Bobby W. McNatt
City Attorney