HomeMy WebLinkAboutOrdinances - No. 1805ORDINANCE NO. 1805
AN ORDINANCE OF THE LODl CITY COUNCIL ADOPTING
THE “2007 CALIFORNIA MECHANICAL CODE; THEREBY,
CHAPTER 15.08 IN ITS ENTIRETY
REPEALING AND RE-ENACTING LODl MUNICIPAL CODE
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NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1.
reenacted in its entirety to read as follows:
Lodi Municipal Code Chapter 15.08, “Mechanical Code,” is hereby repealed and
Chapter 15.08
Mechanical Code
15.08.01 0 Adoption.
15.08.020 Mechanical Permit Fees.
15.08.025 Fee Schedule.
15.08.030 Installation.
15.08.040 Violation - Misdemeanor.
15.08.010 Adoption
The provisions set forth in the “2007 California Mechanical Code,” together with
appendix Chapter 1 Administration and all other appendix thereto, are hereby adopted
as the Mechanical Code of the City of Lodi. 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 “2007 California Mechanical
Code,” together with the appendixes thereto, 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 !he City of
Lodi. Fees shall be paid prior to permit issuance.
15.08.025 Fee Schedule
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.
15.08.030 Installation
Section 304.1 Installation. The California Mechanical Code adopted in Section
15.08.010, is amended to read as follows:
Section 304.1. 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.
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15.08.040 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.
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.
In addition to the penalties set forth in Section 15.08.040 (B) above, City may at
its sole discretion, seek to enforce this Chapter under Chapter 1 .I0 of this Code.
B.
C.
Section 2 - 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 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.
Section 4.
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, 2008, which date is at least 30 days after passage of this ordinance.
All ordinances and parts of ordinances in conflict herewith are repealed insofar
Attes-
21 st day of November, 2007
& RAND1 JOHL
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1805 was
introduced at a regular meeting of the City Council of the City of Lodi held November 7, 2007,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held November 21, 2007, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1805 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law. n
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
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