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HomeMy WebLinkAboutOrdinances - No. 1889ORDINANCE NO. 1889 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2013 CALIFORNIA PLUMBING CODE"; THEREBY, REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY =================================================================== NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Lodi Municipal Code Chapter 15.12, "California Plumbing Code," is hereby repealed and reenacted to read as follows: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060 Chapter 15.12 Plumbing Code Adoption. Department Having Jurisdiction. Plumbing Permit Fees. Fee Schedule. Investigation Fee. Violation -Misdemeanor. 15.12.010 -Adoption The provisions set forth in the "2013 California Plumbing Code" together with Chapter 1 Administration Division II are hereby adopted as the Plumbing 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 Plumbing Code of the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems, and gas fittings in the City of Lodi. 15.12.020 Department Having Jurisdiction The Building Division of the Community Development Department and the Building Official or his/her authorized representative shall enforce the provisions of this Chapter and shall have all of the duties and rights of the Administrative Authority as provided in the 2013 California Plumbing Code. 15.12.030 Plumbing Permit Fees A fee for each plumbing permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance. 15.12.040 Fee Schedule Section 103.4 The schedule of plumbing permit fees required by this Chapter will be those established and adopted by City Council from time to time by resolution. 1 15.16.050 Investigation Fee -Work Without a Permit Work Commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee. 15.12.060 A. B. C. Violation -Misdemeanor It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any plumbing or permit the same to be done in 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 15.12.060(8) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.1 0 of this Code. Section 2. No Mandatory Duty 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. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. 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 1, 2014 , which date is at least 30 days after passage of this ordinance. 2 Approved this 20th day of November, 2013 ALAN NAKANISHI Mayor State of California County of San Joaquin, ss. I, Randi Johi-Oison, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1889 was introduced at a regular meeting of the City Council of the City of Lodi held November 6, 2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November 20, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS-Hansen, Johnson, Katzakian, and Mayor Nakanishi COUNCIL MEMBERS-None COUNCIL MEMBERS-None COUNCIL MEMBERS-Mounce I further certify that Ordinance No. 1889 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney, City of Lodi .___ JA / D. MAGDICH ~---Deputy City Attorney 3