HomeMy WebLinkAboutOrdinances - No. 1320CHlINAN(=E No. 1320
AN CRDINANCE ADopTIhG ?HE ''uNIFLX3M HOUSING CCBIE,"
1982 EDITICN, CvHI(xI oc%3E mRLlvIDFS KR 'IHE MINIINN
REQUIREnENB 'JIB FFUXECTIoN OF LIFE, LmB, HEALTH,
PFOPEBIY, SAE'EIY AM3 WELFARE OF 'IHE GENERAL PUBLIC AND "E OXNEfG AM3 OCCUPANTS OF RESIDWIAL BUILDINGS;
PROVIDIhG PEWTIES KR VIOLATICN THEREOF; FWWING
SFXXICeJS 1lA-1 "FCUX llA-3 INCLUSIVE OF ?HE 03DE OF
IME CITY OF DI M ALL ClIHHt ORDINANCES AND PAMS
OF cw)IN.4NCJIS IN UZWLI(=r ?EEEGWITH.
WHEREX3, the City Council of the City of Lodi did on the 2nd day of
May, 1984 read the title of the above entitled ordinance and did thereupon schedule a public hearing thereon for fl.'lay 16, 1984 at the hour of 8:OO
o'clock p.m. of said day in the Council Cha&ers of the City Hall, Lodi,
California, in accordance with the provisions of Section 50022.1 et seq. of
the Goverrmnt Code; and
MDBEAS, 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
CVHEREAS, at the time set for hearing no protests were received by the
W -, the City Council of the City of Iadi does ordain as
City Council:
f 0 1 lows :
Section 1. Adoption.
The provisions set forth in the "Uniform Housing Code," 1982 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 hman habitation within the City of Mi.
Section 2. Revisions, additions and deletions.
The revisions, additions and deletions to the ''Uniform Housing code,"
1982 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 as follows:
Whenever 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."
to read as follows:
(c) Add to Sec. 401 'Definitions," subparagraph 'Building Official'
Whenever in this Code reference is made to the 'Building Official' it
shall mean the legally designated Chief Building Inspector of the City of
Lodi or his authorized representative.''
(a) 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 Local Health District or his authorized representative."
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(el Add to Sec. 401, "Definitions," subparagraph 'Fire Marshal,' to
read as follows:
"Whenever in this Code reference is made to the 'City Fire i'&rshal' 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:
ltSec. 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 appeal such order to the City Council. The appeal,
which shall be in writing and which shall state the substance of the order
appealed from, shall be submitted to the City Council within ten (10) days
from the date of personal 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 hearing shall be posted and served at least
ten (10) days before the date set for the hearing 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."
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(g) Sec. 1202. Change 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 building 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 fair consideration of the
evidence and testimony received at the hearing, the City Council shall
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;
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 cmnce, which
shall be not less than ten days after the issuance of the order, and (ii) a
reasonable time within which the work shall be conpleted.
(3) That any mortgagee, beneficiary under a deed of trust, or any '
(i) Sec. 1204. Change to read:
"Serving and Posting of Order of City Council. Copies of the order of
the City Council shall be posted on the building or structure involved and
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served in the mer and upon the persons specified in Section 1101 (c),
(d) and (e)."
(j Delete Sections 1301 through 1305 inclusive, "Procedure for
(k) Sec. 1501 (a) and (b). Change to read:
Vet. 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 cornplied 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
Conduct of Hearing Appeals."
addition to any other remedy herein provided, to: L_
"(1) Cause the material of any such building or structure to be sold
in any mer that the Council may determine upon; provided, however, that
any such sale shall be upon condition that the building or structure be
forthwith demolished, the wreckage and debris thereof removed and the lot
cleaned. 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.
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"he Council may sell any such building singly or otherwise.
"(2) 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.
ftArrangemnts, as prescribed by the City Council in this section,
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.7t
However, no such arrangements nor other work to that
(1) Delete Sec. 1502, "Repair and Demolition Fund."
(m) Delete See. 1609, 'Teport to Assessor and Tax Collector:
(n) Delete Sec. 1612, l%epayment of Repair and Demlition
Section 3. Violations and Penalties: No person, whether as owner,
lessee, sublessee, or occupant, shall erect, construct, enlarge, alter,
repair, move, inprove, remove, demlish, equip, use, occupy, or maintain
any building or premises, or cause or permit the same to be done, contrary
to, 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.
Addition of Assessment to Tax Bill."
Section 4. This ordinance shall be published one time in the %x.li
News Sentinel,ff 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 and approval.
Approved this 6th day of June, 1984
Mayor
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Attest:
Alice M. Reimche
City Clerk
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. 1320 was introduced
at a regular meeting of the City Council of the City of
Lodi held May 16, 1984 and was thereafter passed, adopted
and ordered to print at a regular meeting of said Council
held June 6, 1984, by the following vote: , _i
Ayes :
Noes :
Absent:
Abstain; Council Wers - None
I further certify that Ordinance No. 1320 was approved and
signed by the Mayor on the date of its passage and the
same has been published pursuant to law.
Council hWers - Hinchman, Reid, and Snider (Blayor)
Council Wers - None
Council Wers - Olson and Pinkerton
Alice M. Reimche
City Clerk
- &proved as to form
Ronald M. Stein
City Attorney
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