HomeMy WebLinkAboutOrdinances - No. 1838ORDINANCE NO. 1838
AN ORDINANCE OF THE LODl CITY COUNCIL
AMENDING TITLE 15 - BUILDINGS AND
CONSTRUCTION - BY ADDING CHAPTER 15.06,
ADOPTING THE “201 0 CALIFORNIA RESIDENTIAL
BUILDING CODE”
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1.
amended by adding Chapter 15.06, “California Residential Code,” to read as follows:
Lodi Municipal Code Title 15 - Buildings and Construction - is hereby
Chapter 15.06
Residential Code
15.06.010 Adoption.
15.06.020
15.06.030
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation - Misdemeanor.
CBC Chapter 1, Division II (Board of Appeals).
CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.01 0 Adoption
The provisions set forth in the 2010 California Residential Code, including
Chapter 1, Division 11, Appendix G, H, and J, Sections AJ501.7, AJ501.8, AJ601 only,
thereto, are hereby adopted as the Residential Building Code of the City of Lodi and
copies of the same are maintained by the City Building Official and available for review
in the Community Development Department. The Residential Code of the City of Lodi
shall apply to all matters pertaining to the erection, constructicn, enlargement, aiteration,
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 “2010 California Residential Code” and the
above-designated appendixes thereto.
15.06.020 CBC Chapter 1 Division I1 (Board of Appeals)
Sec.ll2.1 - In order to determine the suitability of alternate materials and types
of construction and to provide for reasonable interpretations of this Chapter, the City
Council shall sit as a board of appeals. The Building Official 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.
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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 Building Official with the other copy to the applicant.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by
this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Section 108.3. The determination of value or valuation under any of the
provisions of this Chapter shall be made by the Building Official and shall be based of
the latest building valuation data as printed in the Building Safety Journal, published by
the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total
value of all construction work, including materials and labor for which the permit is
issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, elevators, fire extinguishing systems, and any other permanent work or
permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no
applicable data is available in Building Safety Journal.
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those
established and adopted by the City Council from time to time by resolution.
15.06.050
A.
15.06.060
A.
9.
Repetitive submittals (Master Plans)
Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City’s Residential Code (Chapter 15.06) is subject to review and
adoption every three years; as such, Master Plans expire upon the
effective date of City’s most recent Residential Code.
Violation - Misdemeanor
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 located within the City, or cause the
same to be done, contrary to or in violation of any of the provisions 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.
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C. In addition to the penalties set forth in Section 15.06.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1. I0 of this Code.
Section 2. No Mandatory 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 of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. Severabilitv. 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.
insofar as such conflict may exist.
All ordinances and parts of ordinances in conflict herewith are repealed
Section 5. 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 January I, 201 1, which date is at least 30 days after the passage of
this ordinance.
Approved this I 7‘h day of November, 201 0
PHIL KATZAKIAN
Mayor
Attest:
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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. 1838 was introduced at a regular meeting of the City Council of the City of Lodi held
November 3, 2010, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held November 17, 201 0, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1838 was approved and signed by the Mayor
on the date of its passage and the same has b hed pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney, City of Lodi
BrPT '
JAN1 E D. MAGDICH
wuty City Attorney
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