HomeMy WebLinkAboutOrdinances - No. 1200ORDINANCE NO. 2200
AN ORDINANCE ADOPTING THE "UNIFORM HOUSING CODE,"
1979 EDITION, WHICH CODE PROVIDES FOR THE MINIMUM
REQUIREMENTS FOR THE PROTECTION OF LIFE, LIMB, HEALTH,
PROPERTY, SAFETY AND WELFARE OF THE GENERAL PUBLIC AND
THE OIJNERS AND OCCUPANTS OF RESIDENTIAL BUILDINGS;
PROVIDING PENALTIES FOR VIOLATION THEREOF; REPEALING
SECTIONS 1lA-1 THROUGH 11A-3 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 2nd day of April,
1980 read the title of the above entitled ordinance and did thereupon
schedule a public hearing thereon for April15, 1980
8:oo o'clock p.m. of said day in the Council Chambers of the City Hall,
at the hour of
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 p
of the Government Code as appears by the Aff
ovisions of Section 50022.3
davit of Publication on file
therein; and
WHEREAS, at the time set for hearing no protests were received by the
City Counci 1 :
NOW THEREFORE, the City (Council of the City of Lodi does ordain as
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follows:
Section 1. Adoption.
The provisions set forth in the "Uniform Housing Code," 1979 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
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all matters pertaining to all buildings or portions thereof used, or
designed or intended to be used, for human habitation within the City of
Lod i .
Section 2. Revisions, additions and deletions.
The revisions, additions and deletions to the "Uniform Housing Code,"
1979 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 Counci 1
of the City of Lodi."
(c) Add to Sec. 401 "Definitions," subparagraph "Building Official ,'I
to read as fol lows:
I'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."
(d) Sec. 401, "Definitions ,I1 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."
(e) Add to Sec. 401, "Definitions," subparagraph "Fire Marshall," to
read as fol lows:
"Whenever in this Code reference is made to the "City Fire Marshall"
or "Fire Marshall" it shall mean the Fire Marshall of the City of Lodi or
his authorized representative. It
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(f) Sec. 12ul (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 appeal such order to the City Council,
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)
The appeal,
days from the date of personal service or mailing of the order which 3s
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 appear 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
repai red, or demo1 i shed .'I
(9) 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.
shall render its decision."
Upon the conclusion of the hearing, the City Council
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(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;
(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
I render the building or structure unsafe and a public nuisance; and
(iii) contain a statement of the things required to be done.
shall specify (i) the time within which the work required must be
The order
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commenced, 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 completed."
(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
served in the manner and upon the persons specified in Section 1101 (c) ,
(d) and (e)."
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(j) Delete Sections 1301 through 1305 inclusive, "Procedure for Conduct
of Hearing 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
tructure, 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 to any other remedy herein provided, to:
"1" 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 shall be upon condition that the building or structure be
forthwith demolished, the wreckage and debris thereof removed and the lot
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 theisite shall be retained to be distributed to the parties or
persons lawfully entitled thereto.
"(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. ti
"Arrangements, 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
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Building Offici,.. However, no such arrangments liar other work to that
end shall be initiated prior to specific instructions from the City Council
indicating such action."
(1) Delete Sec. 1502, "Repair and Demolition Fund."
(m) Delete Sec. 1609, "Report to Assessor and Tax Collector: Addition
of Assessment to Tax Bill."
(n) Delete Sec. 1612, I'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, demo1 ish, 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.
provisions of this Section shall be guilty of a misdemeanor for each day
such violation continues.
Any person violating the
Section 4. This ordinance shall be published one time in the "Lodi
News Sentinel ,'I a newspaper of general circulation printed and pub1 ished
in the City of Lodi, and shall be in force and take effect thirty days
after its passage and approval.
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Approved this 23rd day of April 1980
Attest:
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CITY CLERK.
State of California
County of San Joaquin, ss.
cert
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby
fy that Ordinance No. 1200 was introduced at an adjourned regular
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meeting of the City Council of the City of Lodi held April 15, 1980
and was thereafter passed, adopted and ordered to print at an adjourned
regular meeting of said Council held April 23, 1980 by the following
vote:
Ayes : Councilmen - Hughes, McCarty, Murphy, Pinkerton and
Ka t n i ch
Noes : Councilmen - None
Absent: Councilmen - None
Abstain: Counci lmen - None
I further certify that Ordinance No. 1200 was approved and
signed by the Mayor on the date of its passage and the same has been
pub1 ished pursuant to law.
ALICE M. REIMCHE
CITY CLERK
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