HomeMy WebLinkAboutAgenda Report - December 6, 1995 (35)0""'e
CITY OF L,ODI COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to adopt the Uniform Codes as approved by the State of California
MEETING DATE: December 6, 1995
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council conduct a Public Hearing to adopt the Uniform Codes as
approved by the State of California.
BACKGROUND INFORMATION: The following Uniform Codes have been approved by the State of California
and are being recommended to the City Council for adoption:
1. Uniform Building Code -1994
2. Uniform Plumbing Code - 1994
3. Uniform Mechanical Code -1994
4. Uniform Housing Code - 1994
5. Uniform Code for the Abatement of Dangerous Buildings -1994
6. Uniform Fire Code -1994 (Continued until February 21, 1996
City Council meeting)
7. National Electric Code -1993
The Lodi Industrial group of the Chamber of Commerce has asked that consideration of the Uniform Fire Code be
continued until the regular City Council meeting of February 21, 1996. The Chamber Committee wants to review the local
additions to that cock and make recommendations to the City Council.
The only local requirements in the other codes have been in effect for many years and no changes have been made to them.
The new codes reflect no fee changes and none are projected at this time or in the near future.
It should be noted that if the City Council does not adopt the Uniform Codes, the City, by State edict, is still required to
enforce them.
The Uniform Codes are all available for review in the Community Development Department. However, copies are not
available for removal from the office. Upon adoption, a full set of the codes will be available at the reference desk of the
Lodi Public Library.
Chief Building Inspector, Roger Houston, will be present at the City Council session to review the Codes and answer
questions the City Council or the public might have.
FUNDING: None Required
J B. Sch
mmunity Development Director
JBS/Iw
ro
APPROVED:H.
Ixo LY N recvcieooaoar
City Manager
Document2 UQ -1
ORDINANCE NO. 1621-A
AN ORDINANCE ADOPTING THE "UNIFORM
BUILDING CODE," VOLUMES 1, 2, AND 3, 1994
EDITION, WHICH CODES REGULATE THE DESIGN,
CONSTRUCTION, QUALITY OF MATERIALS, USE
AND OCCUPANCY, LOCATION AND MAINTENANCE
OF BUILDINGS OR STRUCTURES IN THE CITY OF
LODI, PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFORE,
PROVIDING PENALTIES FOR THE VIOLATIONS
THEREOF: REPEALING SECTIONS 15.04.010,
15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060,
15.04.070, 15.04.080, AND 15.04.090 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 15th day of November, 1995,
schedule a public hearing thereon for December 6, 1995, at the hour of 7:00 o'clock p.m. of said
day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060,
15.04.070, 15.04.080, and 15.04.090 of the Code of the City of Lodi are hereby repealed and the
same are superseded and replaced by new Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040,
15.04.050, 15.04.055, 15.04.060, 15.04.070, 15.04.080, and 15.04.090 to read as hereinafter set
forth.
Section 2 There is hereby adopted a new Section 15.04.010 of the Code of the City of
Lodi to read in full as follows:
S JACAUTYMMORD1621A.DOC
Sec. 15.04.010. Adoption. The provisions set forth in the "Uniform Building Code,"
1994 Edition, Volumes 1, 2, &3, together with appendix Chapters 3 Div. I, 4 Div. II & III, 12
Div. 11, 15, 18, 30, 31 Div. II & III, 33, and 34 thereto, are hereby adopted as the Building Code
of the City of Lodi. The Building Code of the City of Lodi shall apply to all matters pertaining
to the erection, construction, enlargement, alteration, 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 "Uniform Building
Code," 1994 Edition Volume 1,2, &3, and appendixes thereto.
Section 3. There is hereby adopted a new Section 15.04.020 of the Code of the City of
Lodi to read in full as follows:
Revisions, additions and deletions. The revisions, additions and deletions to the code
adopted by the preceding section are hereby approved by the City Council as exceptions are as
follows:
Sec. 15.04.020
UBC Chapter 34: Sec. 3404. Add section --
"No person shall move or cause to be moved any building or structure within the
incorporated area of the City of Lodi without first obtaining a moving permit from the Chief
Building Inspector. Any such building or structure not fully meeting the requirements of the
Building Code shall be repaired or remodeled in conformity with the provisions of this code
either at the time of moving or after reaching its destination. In the event that the repair or
remodel cannot be done before moving, the owner of the building or structure may, for the
purpose of obtaining the moving permit, file with the Building Department a corporate surety
bond or cash in an amount equal to the sum of the repair or remodel, said amount as estimated by
the Chief Building Inspector; said bond guaranteeing that the repairs or remodel shall be
completed within six months from the time of moving. In the event the remodel or repairs have
not been completed in the specified time, the Chief Building Inspector shall initiate steps to
complete repairs or remodel and apply costs against the forfeited bond.
"Notwithstanding the provisions of this section of the code, if in the opinion of the Chief
Building Inspector the building or structure is not suitable for the purposes proposed and/or
structurally does not conform to the minimum requirements of this ordinance, a moving permit
can be refused.
"A written notice of appeals may be filed as per the allowed time limits for a hearing
before the Board of Appeals of the City of Lodi as per Section 105 of the Building Code of the
City of Lodi."
2 S JACAICITYIORMORD1621A.DOC
Section 4. There is hereby adopted a new Section 15.04.030 of the Code of the City of
Lodi to read as follows:
UBC CHAPTER 1: Sec. 104.1. Change to read:
"There is hereby established in the City of Lodi a Building Division of the Community
Development Department which shall be under the jurisdiction of the Chief Building Inspector
designated by the appointing authority, and whenever in this Code reference is made to `Building
Official" it shall mean the Chief Building Inspector of the City of Lodi or his authorized
representative."
Section 5. There is hereby adopted a new Section 15.04.040 of the Code of the City of
Lodi to read as follows:
Section 15.04.040
UBC CHAPTER 1: Sec. 105.1 Change to read:
"In order to determine the suitability of alternate materials and types of construction and
to provide for reasonable interpretations of this code, the City Council shall sit as a board of
appeals. The Chief Building Inspector 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.
"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 Chief Building Inspector with the other copy to the applicant."
Section 6. There is hereby adopted a new Section 15.04.050 of the Code of the City of
Lodi to read in full as follows:
Section 15.04.050
UBC CHAPTER 1: Sec. 107.1. Change paragraph 1 to read:
`Building Permit Fees. A fee for each building permit required by this Code shall be paid
to the City of Lodi as set forth in Table No. 1-A, as modified herein. Fees shall be paid prior to
permit issuance.
S JACAUTY\ORMORD1621A.DOC
TABLE NO. 1-A
TOTAL VALUATION
FEES
$ 1.00 to $ 500
$20.00
$ 501 to $ 2,000
$20.00 for the first $500
plus $2.00 each additional
$100 or fraction thereof, to
and including $2,000.
$ 2,001 to $ 25,000
$50.00 for the first $2,000
plus $10.00 for each
additional thousand or
fraction thereof to and
including $25,000.
$ 25,001 to $ 50,000
$280 for the first $25,000
plus $7.25 for each additional
thousand, or fraction thereof,
to and including $50,000.
$ 50,001 to $ 100,000
$461.25 for the first $50,000
plus $5.00 for each additional
thousand, or fraction thereof,
to and including $100,000.
$ 100,001 to $1,000,000
$711.25 for the first $100,000
plus $3.90 for each additional
thousand, or fraction thereof.
$1,000,001 and up
$4,221.25 for the first
$1,000,000 plus $2.80 for each
additional thousand or fraction
thereof.
4 S J:ICAICIMORMORD1621A.DOC
OTHER INSPECTION FEES AND REFUNDS:
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) ..................... $40.00 per Hr.
2. Reinspection fee assessed under provision
of Section 108.8 ........................................ $30.00 each
3. Inspection for which no fee is specifically
indicated ................................................... $30.00 per Hr.
4. Additional plan review required by changes,
additions or revisions to approved plans.
(Minimum charge - one-half hour) ........... $30.00 per Hr.
5. Special inspections required by owners, real estate
agencies, or loan agencies to determine compliance
to the Building Code in effect at the time of
construction:
Firsthour ............................................... $ 80.00
Each additional hour .............................. $ 30.00
6. Refunds on all permits shall be subject to a $35.00
administrative processing fee.
7. Board of Appeals Fee ................................ $250.00
8. Demolition Permit ..................................... $ 50.00
Section 7. There is hereby adopted a new Section 15.04.055 of the Code of the City of
Lodi to read as follows:
Section 15.04.055
Special Inspections - Downtown business district.
A. Notwithstanding paragraph 5 of Section 15.04.050 above, special inspection fees
required to determine compliance with the building code for all buildings and structures located
within the area designated by Section 13.12.195(B) as the downtown business district shall be
waived.
B. This section shall expire and shall be of no further force or effect after January 1,
2000. The city council finds and declares that this action is taken to protect and preserve a
crucial part of Lodi's economy and to preserve a portion of the city's heritage by offering
incentives for businesses to locate, relocate or expand existing commercial uses within this
downtown area.
5 S JACMCIMORMORD1621A.DOC
Section 8. There is hereby adopted a new Section 15.04.060 of the Code of the City of Lodi to
read as follows:
UBC CHAPTER 5: Sec. 503.
Table No. 5A - Wall and Opening Protection of Occupancies Based on Location of
Property - change to read:
"Group A, B, E, F, H, I, M, and S Occupancies: Fire Resistance of Exterior Walls
"Exterior walls of 11 One-hour, 11-N and Type V construction shall be of four-hour fire -
resistive construction when they are closer than five feet (5') to the property line with no
openings permitted"
Section 9. There is hereby adopted a new Section 15.04.070 of the Code of the City of
Lodi to read as follows:
Section 15.04.070
UBC CHAPTER 23 : Sec. 2317.3. Underfloor Clearance. Change first paragraph to
read:
"When wood joists, girders, or the bottom of wood structural floors without joists are
located closer than 18 inches to exposed ground in crawl spaces or unexcavated areas located
within the periphery of the building foundation, the floor assembly, including posts, girders,
joists and subfloor, shall be approved wood of natural resistance to decay as listed in Section
2317.4 or treated wood."
Section 10. There is hereby adopted a new Section 15.04.080 of the Code of the City. of
Lodi to read as follows:
Section 15.04.080
UBC CHAPTER 18: Sec. 1806.1. Add third paragraph:
"Concrete or masonry shall not be poured or set against wood, such as exterior porch,
patio slab or concrete steps; the foundation height shall be increased sufficiently to insure
concrete to concrete contact and any substitute shall have the specific approval of the Chief
Building Inspector."
S JACAWIMORMORD1621A.DOC
Section 11. There is hereby adopted a new Section 15.04.090 of the Code of the City of
Lodi to read as follows:
Section 15,04,090 Violation n r
A. 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 in the city,
or cause the same to be done, contrary to or in violation of any of the provisions of the building
code adopted by section 15.04.010.
B. Any person, firm, or corporation violating any provision of this Code shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which any violation of this Code occurs or continues, shall be deemed to
constitute a separate offense.
Section 12 - 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 13 - 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 14. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 15. 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 thirty days after its passage.
Approved this day of December, 1995.
STEPHEN J. MANN
Mayor
S JACATIMORMORD1621A.DOC
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1621-A
was introduced at a regular meeting of the City Council of the City of Lodi held December 6,
1995 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-A 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
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
S JACATrMORMORD1621A.DOC
ORDINANCE NO. 1621-B
AN ORDINANCE ADOPTING THE "UNIFORM
PLUMBING CODE," 1994 EDITION, PROVIDING FOR
THE ESTABLISHING OF MINIMUM REGULATIONS
FOR THE INSTALLATION, ALTERATION OR REPAIR
OF PLUMBING AND DRAINAGE SYSTEMS AND THE
INSPECTION THEREOF; PROVIDING PENALTIES FOR
THE VIOLATIONS THEREOF; AND REPEALING
SECTIONS 15.12.010, THROUGH 15.12.200 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 15th day of November, 1995,
schedule a public hearing on the above-entitlted ordinance for December 6, 1995, at the hour of
7:00 o'clock p.m. of said day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1 Sections 15.12.010, through , 15.12.200 inclusive of the Code of the City of
Lodi are hereby repealed and the same are superseded and replaced by new Sections 15.12.010,
15.12.020, 15.12.030, 15.12.040, and 15.12.050, to read as hereinafter set forth.
Section 2. There is hereby adopted a new Section 15.12.010 of the Code of the City of
Lodi to read in full as follows:
The provisions set forth in the "Uniform Plumbing Code," 1994 Edition, together with
appendixes thereto, are hereby adopted as the Plumbing Code of the City of Lodi. 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.
Section 3. There is hereby adopted a new Section 15.12.020 of the Code of the City of
Lodi to read in full as follows:
5 JACAUTYM MORD1621B.DOC
15.12.020 Department Havin
The Building Division of the Community Development Department and the Chief
Building Inspector or his authorized representative shall enforce the provisions of this ordinance
and shall have all of the duties and rights of the Administrative Authority as provided in the
Uniform Plumbing Code, 1994 Edition.
Section 4. There is hereby adopted a new Section 15.12.030 of the Code of the City of
Lodi to read as follows:
Section 15.12.030 Plumbing Permit Fees.
A fee for each plumbing permit required by this Code shall be paid to the City of Lodi as
set forth in Table 1-1, as modified herein. Fees shall be paid prior to permit issuance.
TABLE NO. 1-1
For issuing each permit .......................... $ 20.00
..........................
In addition:
1. For each plumbing fixture or trap or set
of fixtures on one trap (including water,
drainage piping and backflow protection
therefore)...................................................... $ 3.00
2. For each building sewer and each trailer
park sewer ..................................................... $ 7.50
3. Solar Heaters ................................................ $ 13.00
4. Rainwater systems - per drain ...................... $ 2.50
5. For each fire hydrant (first one) .................... $ 170.00
(each additional) ........................................... $ 45.00
6. For each private sewage disposal system ..... $ 18.00
7. For each water heater and/or vent ................. $ 4.00
8. For each gas piping system of one (1) to
five (5) outlets .............................................. $ 4.00
2 S JACA\C MORMORD1621B.DOC
9. For each gas piping system of six (6) or
more, per outlet ............................................. $ 1.00
10. For each industrial waste pre-treatment
interceptor, including its trap and vent,
excepting kitchen -type grease interceptors
functioning as fixture traps ........................... $ 20.00
11. For installation, alteration or repair of water
piping and/or water treating equipment........ $ 4.00
12. For repair or alteration of drainage or vent
piping............................................................ $ 4.00
13. For each lawn sprinkler system on any one
meter including backflow protection
devices therefore ........................................... $ 4.00
................
14. For vacuum breakers or backflow protective
devices on tanks, vats, etc. or floor installation
on plumbing fixtures including necessary water
piping:
One (1) to five(5)......................................... $ 4.00
Over five (5), each ........................................ $ 1.00
15. Gasoline Storage Tanks ................................ $ 20.00
16. For new single or multi -family building, the
following flat rate shall apply ....................... $ .035 per SF
17. Fire sprinkler systems shall be based on value
charged according to the fee schedule of
Section 15.04.050 of the Code of the City of
Lodi (Uniform Building Code, 1994 Edition)
3 S JACAUMORMORD162113.DOc
18. Gas piping pressure test (P.G. & E.) ....
19. Swimming Pools ..........................................
OTHER INSPECTION FEES AND REFUNDS:
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) .........................
2. Reinspection fee .............................................
3. Inspections for which no fee is specifically
indicated.........................................................
4. Additional plan review required by changes,
additions or revisions to approved plans
(Minimum charge - one-half hour) ................
5. Refunds on all permits shall be subject to
a $35.00 administrative processing fee.
$ 10.00
$ 15.00
$ 40.00 per Hr.
$ 30.00 each
$ 30.00 per Hr.
$ 30.00 per Hr.
Section 5. There is hereby adopted a new Section 15.12.040 of the Code of the City of
Lodi to read as follows:
Section 15.12.040 Permit Qualification,
A. Plumbing Permits shall not be issued to any person except State of
California licensed contractors.
B. Exceptions:
1. A permit may be issued to the owner of a single or multiple family
dwelling, provided, that the owner shall personally perform all labor in
connection therewith.
2. A permit may be issued to the owner of any building, provided, that the
total cost of labor and materials do not exceed $1,000.00 and the owner
shall personally perform all labor in connection therewith.
4 S JACATIMORMORD1621B.DOC
Section 6. There is hereby adopted a new Section 15.12.050 of the Code of the City of
Lodi to read in full as follows:
Section 15.12.050 Violation - Misdemeanor,
A. 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 Code.
B. Any person, firm, or corporation violating any provision of this Code shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which any violation of this Code occurs or continues, shall be deemed to
constitute a separate offense.
Section 7 - 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 8 - 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 9. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 10. 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 thirty days after its passage.
Approved this day of , 1995
STEPHEN J. MANN
Mayor
S J:\CA\CITY\ORD\ORD1621B.DOC
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1621-B was introduced at a regular meeting of the City Council of the City of Lodi held
December 6, 1995 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-B 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
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
S JACATIMORMORD1621B.DOC
ORDINANCE NO. 1621-C
AN ORDINANCE ADOPTING THE "UNIFORM MECHANJCAL
CODE," 1994 EDITION, WHICH CODE PROVIDES
REGULATIONS CONTROLLING THE DESIGN,
CONSTRUCTION, INSTALLATION, QUALITY OF
MATERIALS, LOCATION, OPERATION, AND
MAINTENANCE OF HEATING, VENTILATING, COMFORT
COOLING, REFRIGERATION SYSTEMS, INCINERATORS
AND OTHER HEAT PRODUCING APPLIANCES IN THE CITY
OF LODI, PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFORE; PROVIDING
PENALTIES FOR THE VIOLATIONS THEREOF; AND
REPEALING SECTIONS 15.08.010, 15.08.020, 15.08.030,
15.08.040, AND 15.08.050 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 15th day of November, 1995,
schedule a public hearing on the above -entitled ordinance for December 6, 1995, at the hour of
7:00 o'clock p.m. of said day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.08.010, 15.08.020, 15.08.030, 15.08.040, 15.08.050 and
15.08.060 inclusive of the Codes of the City of Lodi are hereby repealed and the same. are
superseded and replaced by new Sections 15.08.010, 15.08.020, 15.08.030, 15.08.040, 15.08.050
and 15.08.060 inclusive to read as hereinafter set forth.
Section 2. There is hereby adopted a new Section 15.08.010 of the Code of City of Lodi
to read in full as follows:
Sec. 15.08.010, Adoption.
The provisions set forth in the "Uniform Mechanical Code," 1994 Edition, together with
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 the erection,
installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any
heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous
S JACAICIMORMORD 1621 C.DOC
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 "Uniform Mechanical Code," 1994
Edition, together with the appendixes thereto, within the City of Lodi.
Section 3. There is hereby adopted a new Section 15.08.020 of the Code of the City of
Lodi to read in full as follows:
Add Section 108.10, `Building Official," is added to the Uniform Mechanical Code
adopted by Section 15.08.010, to read as follows:
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.
Section 4 There is hereby adopted a new Section 15.08.030 of the Code of the City of
Lodi to read as follows
"Mechanical Permit Fees. A fee for each mechanical permit required by this Code shall
be paid to the City of Lodi as set forth in Table No. 1-A as modified herein. Fees shall be paid
prior to permit issuance.
TABLE 1 - A
1. For the issuance of each permit ................................ $20.00
2. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, up to and
including 100,000 Btu's ............................................. $10.00
3. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, over 100,000
Btu's to and including 500,000 Btu's ........................ $13.00
4. For the installation or relocation of each forced -air
or gravity -type furnace or burner, including ducts
and vents attached to such appliance, over 500,000
Btu's......................................................................... $16.00
5. For the installation or relocation of each floor furnace,
including vent ........................................... $10.00
.................
2 S JACAICIMORMORD1621C.DOC
6. For the installation of relocation of each suspended
heater, recessed wall heater or floor mounted unit
heater......................................................................... $10.00
7. For the installation, relocation or replacement of
each appliance vent installed and not included in
an appliance permit .................................................... $ 5.00
8. For the repair of, alteration of, or addition to each
heating appliance, refrigeration unit, cooling unit,
absorption unit, or each heating, cooling, absorption,
or evaporative cooling system, including installation
of controls regulated by this code .............................. $10.00
9. For the installation or relocation of each boiler or
compressor to and including three horsepower, or
each absorption system to and including 100,000 Btu's $10.00
10. For the installation or relocation of each boiler or
compressor over three horsepower to and including
15 horsepower, or each absorption system over 100,000
Btu's to and including 500,000 Btu's ........................ $18.00
11. For the installation or relocation of each boiler or
compressor over 15 horsepower to and including 30
horsepower, or each absorption system over 500,000
Btu's to and including 1,000,000 Btu's ..................... $25.00
12. For the installation or relocation of each boiler or
compressor over 30 horsepower to and including 50
horsepower, or each absorption system over 1,000,000
Btu's to and including 1,750,000 Btu's ..................... $36.00
13. For the installation or relocation of each boiler or
refrigeration compressor over 50 horsepower, or
each absorption system over 1,750,000 Btu's........... $61.00
14. For each air handling unit to and including 10,000
cubic feet per minute, including ducts attached thereto $ 7.00
NOTE: This fee shall not apply to an air handling unit
which is a portion of a factory assembled appliance,
cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in this Code.
15. For each air handling unit over 10,000 cubic feet
perminute.................................................................. $12.00
S JAMCIMORMORD1621C.DOC
16. For each evaporative cooler other than portable type $ 7.00
17. For each ventilation fan connected to a single duct $ 5.00
18. For each ventilation system which is not a portion
of any heating or air conditioning system
authorized by a permit ............................................... $ 7.00
19. For the installation of each hood which is served by
mechanical exhaust, including the ducts for such hood $ 7.00
20. For each appliance or piece of equipment regulated
by this Code but not classed in other appliance
categories, or for which no other fee is listed in
thisCode.................................................................... $ 7.00
21. For single or multi -family building, the following
flat rate shall apply .................................................... $ .035 per SF
22. Appliance inspection (P.G.& E.) ............................. $20.00
OTHER INSPECTION FEES AND REFUNDS
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) ...................................... $40.00 per hour
2. Reinspection fee assessed under provision of
Section 305.(f)........................................................... $30.00
3. Inspections for which no fee is specifically
indicated (Minimum charge - one-half hour) ............ $30.00 per hour
4. Additional plan review required by changes,
additions or revisions to approved plans
(Minimum charge - one-half hour) ............................ $30.00 per hour
5. Refunds on all permits shall be subject to a
$35.00 administrative processing fee.
Section 5. There is hereby adopted a new Section 15.08.040 of the Code of the City of
Lodi to read in full as follows:
Section 304. Installation. The Uniform Mechanical Code adopted in Section 15.08.010,
is amended to read as follows:
4 S JACAIC MORDMORD1621C.DOC
Section 304.8. 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.
Section 6. There is hereby adopted a new Section 15.08.050 of the Code of the City of
Lodi to read in full as follows:
Sec. 15.08.050 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 provisions of
this Code. Maintenance of equipment which was unlawful at the time it was installed and which
would be unlawful under this Code if installed after the effective date of this Code, shall
constitute a continuing violation of this Code.
B. Any person, firm, or corporation violating any provision of this Code shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine
and/or imprisonment set forth by the governing laws of the jurisdiction. Each separate day or
any portion thereof, during which any violation of this Code occurs or continues, shall be
deemed to constitute a separate offense.
Section 7 - 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 8 - 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 9. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 10. 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 thirty days from and after its passage and approval.
S JACA\CIMORMORD1621C.DOC
Approved this day of December, 1995
STEPHEN J. MANN
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1621-C was introduced at a regular meeting of the City Council of the City of Lodi held
December 6, 1995 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-C 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:
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
6 S JACATIMORMORD1621C.DOC
ORDINANCE NO. 1621-D
AN ORDINANCE ADOPTING THE "UNIFORM
HOUSING CODE," 1994 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 OWNERS AND
OCCUPANTS OF RESIDENTIAL BUILDINGS;
PROVIDING PENALTIES FOR VIOLATION
THEREOF; REPEALING SECTIONS 15.24.010
THROUGH 15.24.130 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 15th day of November, 1995,
schedule a public hearing for the above -entitled ordinance for December 6, 1995, at the hour of
7:00 o'clock p.m. of said day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.24.010, through 15.24.130, inclusive of the Codes of the City of
Lodi are hereby repealed and the same are superseded and replaced by new Sections 15.24.010,
through 15.24.100.
Section 2. There is hereby adopted a new Section 15.24.010 of the Code of City of Lodi
to read as follows:
Sec. 15.24,010, Adoption.
The provisions set forth in the "Uniform Housing Code," 1994 Edition, together with
appendixes thereto, are adopted as the Housing Code of the City of Lodi. The Uniform Housing
Code shall apply in all matters pertaining to all buildings or portions thereof used, or designed or
intended to be used, for human habitation within the City of Lodi.
S JACA\UMORMORD1621D.DOC
Section 3. There is hereby adopted a new Section 15.24.020 of the Code of the City of Lodi to
read in full as follows:
Sec. 15.24.020 Section 203.1 deleted - Housing Advisory and Appeals Board.
Section 203.1 Housing Advisory and Appeals Board, of the Uniform Housing Code, 1994
Edition, adopted by Section 15.24.010, is deleted.
Section 4. There is hereby adopted a new Section 15.24.030 of the Code of the City of
Lodi to read as follows
Section 15.24.030 Section 401 amended -Definitions.
Section 401, "Definitions," of the Uniform Housing Code, 1994 Edition, adopted by
Section 15.24.010, is amended as follows:
A. Add to 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.
B. Add subparagraph "Building Officials" to read as follows:
Whenever in this Code reference is made to the `Building Official' it shall mean the
legally designated Chief Building Inspector or Community Improvement Manager of the City of
Lodi or his authorized representative.
C. Change subparagraph "Health Officers" 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 County Environmental Health
Division or his authorized representative.
D. Add subparagraph "Fire Marshal" to read as follow:
Whenever in this Code reference is made to the "City Fire Marshal" or "Fire Marshal' it
shall mean the Fire Marshal of the City of Lodi or his authorized representative.
Section 5. There is hereby adopted a new Section 12.24.040 of the Code of the City of
Lodi to read in full as follows:
Section 12.24.040 Section 1201.1, 1201.2 and 1201.3 amended -Appeal to City
Council.
Section 1201.1, 1201.2 and 1201.3 of the Uniform Housing Code, 1994 Edition,
adopted by Section 15.24.010, is amended to read as follows:
2 S JACA\C MORMORD1621D.DOC
Section 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 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 Sections 1101.3, 1101.4 and 1101.5. 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.
Section 6. There is hereby adopted a new Section 15.24.050 of the Code of the City of
Lodi to read in full as follows:
Section 15,24,050 Add Section 1205 City Council Hearing.
Section 1205 of the Uniform Housing Code, 1994 Edition, adopted by Section
15.24.010 is added to read as follows:
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 in control, mortgagee or beneficiary under any deed of trust,
lessee, or any other persons 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.
Section 7. There is hereby adopted a new Section 15.24.060 of the Code of the City of
Lodi to read in full as follows:
Section 15.24.060 Add Section 1206 -Order of the City Council.
Section 1206 of the Uniform Housing Code, 1994 Edition, adopted by Section
15.24.010, is added to read as follows:
Order of the 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:
demolished;
That the building or structure must be repaired, vacated and repaired; or
S J:ICATIMORD10RD1621D.DOC
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 persons having
a interest or estate in the said building or structures may, at his own risk, repair, vacate and
repair, or demolish it.
The order shall (i) set forth the information required in Section 1101.2, (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 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.
Section g. There is hereby adopted a new Section 15.24.070 of the Code of the City of
Lodi to read in full as follows:
Section 15.24,070 Add Section 1207 -Serving and posting of order of City Council
Section 1207 of the Uniform Housing Code, 1994 Edition, adopted by Section
15.24.010, is added to read as follows:
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 involved and served iri the
manner and upon the persons specified in Section 1101.3, 1101.4 and 1101.5.
Section 9. There is hereby adopted a new Section 15.24.080 of the Code of the City of
Lodi to read in full as follows:
Section 15,24.080 Sections 1301 through 1305 deleted -Procedure for conduct of
hearing appeals.
Sections 1301 through 1305 inclusive, "Procedure for Conduct of Hearing Appeals,"
of the Uniform Housing Code, 1994 Edition, adopted by Section 15.24.010, are deleted.
Section 10. There is hereby adopted a new Section 15.24.090 of the Code of the City
of Lodi to read in full as follows:
Section 15.24.090 Section 1501.1 and 1501.2 amended -Sale, repair or demolish.
Section 1501.1 and 1501.2 of the Uniform Housing Code, 1994 Edition, adopted by
Section 15.24.010, is added to read as follows:
S J:\CA\CITY\ORD\ORD 1621D.DOC
Section 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 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 the site 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 or the
Repair and Demolition Fund. The repair 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.
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 Building Official. However, no such arrangements nor other work to
that end shall be initiated prior to specific instructions from the City Council indicating such
action.
Section 11. There is hereby adopted a new Section 15.24.100 of the Code of the City
of Lodi to read in full as follows:
Section 15.24.100 Violation -Misdemeanor,
A. No person, whether as owner, lessee, sublessee or occupant, shall erect,
construct, enlarge, alter, repair, move, improve, remove, demolish, 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 housing code.
B. Any person, firm, or corporation violating any provision of this Code shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine
and/or imprisonment set forth by the governing laws of the jurisdiction. Each separate day or
any portion thereof, during which any violation of this Code occurs or continues, shall be
deemed to constitute a separate offense.
S JACAIC MORMORD1621D.DOC
Section 12 - 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 13 - 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 14. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 15. 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 thirty days from and after its passage and approval.
Attest:
JENNIFER M. PERRIN
City Clerk
Approved this day of December, 1995
STEPHEN J. MANN
Mayor
6 S JACAICIMORMORD1621D.DOC
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1621-D was introduced at a regular meeting of the City Council of the City of Lodi held
December 6, 1995 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-D 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
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
S JACATITYMMORD1621D.DOC
ORDINANCE NO. 1621-E
AN ORDINANCE ADOPTING THE "UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS
BUILDINGS," 1994 EDITION, WHICH CODE
PROVIDES REGULATIONS FOR THE REPAIR,
VACATION, AND DEMOLITION OF BUILDINGS OR
STRUCTURES ENDANGERING THE LIFE, LIMB,
HEALTH, PROPERTY , SAFETY AND WELFARE OF
THE GENERAL PUBLIC AND THEIR OCCUPANTS;
PROVIDING PROCEDURES AND PENALTIES FOR
VIOLATION THEREOF; REPEALING SECTIONS
15.28.010 THROUGH 15.28.170 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 15th day of November, 1995,
schedule a public hearing on the above -entitled ordinance for December 6, 1995, at the hour of
7:00 o'clock p.m. of said day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.28.010, through 15.28.170, inclusive of the Codes of the City of
Lodi are hereby repealed and the same are superseded and replaced by new Sections 15.28.010,
through 15.28.040.
Section 2. There is hereby adopted a new Section 15.28.010 of the Code of City of Lodi
to read as follows:
See. 15.28.010, Adoption.
The provisions set forth in the Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition, are adopted as the Unsafe Building Abatement Code of the City of Lodi. The
Unsafe Building Abatement Code of the City of Lodi shall apply in all matters pertaining to
dangerous buildings, as defined in this chapter, which are in existence or which may be
constructed in the City of Lodi.
S JACAICITYMMORD1621E.DOC
Section 3. There is hereby adopted a new Section 15.28.020 of the Code of the City of
Lodi to read in full as follows:
Sec. 15.28.020 Section 205 deleted - Board of appeals.
Section 205 "Board of Appeals," of the Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, adopted by Section 15.28.010, is deleted.
Section 4. There is hereby adopted a new Section 15.28.030 of the Code of the City of
Lodi to read as follows
Section 15.28.030 Section 303 added -Board of appeals.
Section 303, `Board of Appeals," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010, as follows:
Whenever in this Code reference is made to the "Board of Appeals" it shall mean the City
Council of the City of Lodi.
Section 5. There is hereby adopted a new Section 15.28.040 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.040 Section 304 added - Building Official
Section 304 "Building Official," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010, to read as follows:
Whenever in this Code reference is made to "Building Official" it shall mean the
legally designated Chief Building Inspector or the Community Improvement Manager of the City
of Lodi or his authorized representative.
Section 6. There is hereby adopted a new Section 15.28.050 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.050 Section 305 added - City health officer.
Section 305, "City Health Officer," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010, to read as follows:
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 County Environmental
Health Division or his authorized representative.
S JACA\Cff Y\ORD\ORD1621E.DOC
Section 7. There is hereby adopted a new Section 15.28.060 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.060 Section 306 added - Fire marshal.
Section 306," Fire Marshal," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010, to read as follows:
Whenever in this Code reference is made to the "City Fire Marshal" or "Fire Marshal" it
shall mean the Fire Marshal of the City of Lodi or his authorized representative.
Section 8. There is hereby adopted a new Section 15.28.070 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.070 Section 501(a), (b) and (c) amended -Appeal to City Council
Section 501.1, 501.2, and 501.3 of the Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, adopted by Section 15.28.010, is added to read as follows:
Section 501 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 dated set for the hearing in the manner and upon the person
specified in Section 401.3, 401.4 and 401.5. 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 repaired or
demolished.
Section 9. There is hereby adopted a new Section 15.28.080 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.080 Sections 505 amended - Hearing before city council.
Sections 505 of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition, adopted by Section 15.28.010, is added to read as follows:
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.
S JACA\CIMORMORD1621E.DOC
Section 10. There is hereby adopted a new Section 15.28.090 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.090 Section 506 amended - Order of city council.
Section 506 of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition, adopted by Section 15.28.010, is added to read as follows:
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 401.2 Item 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 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.
Section 11. There is hereby adopted a new Section 15.28. 100 of the Code of the City of
Lodi to read in full as follows:
Section 15.28.100 Section 507 amended - Serving and posting of order of city council.
Section 507 of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition, adopted by Section 15.28.010, is added to read as follows:
Serving and Posting of Order of City Council. Copies of the order of the 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 401.3, 401.4 and 401.5.
S JACAIUMORMORD1621RDOC
Section 12. There is hereby adopted a new Section 15.28.110 of the Code of the City of
Lodi to read in full as follows:
Section 15,28,110 Section 601 through 605 deleted - Procedure for conduct of hearing
appeals.
Sections 601 through 605 inclusive, "Procedure for Conduct of Hearing Appeals," of the
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted by Section
15.28.010, are deleted.
Section 13. There is hereby adopted a new Section 15.28.120 of the Code of the City of
Lodi to read in full as follows:
Section 15.28,120 Section 801.1 amended - Sale, repair or demolition..
Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition, adopted by Section 15.28.010, is amended to read as follows:
Section 801.1. 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 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 the site 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 or the
Repair and Demolition Fund. 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.
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 Building Official. However, no such arrangements nor other work to
that end shall be initiated prior to specific instructions from the City Council indicating such
action.
S JACATFMORMORD1621E.DOC
Section 14. There is hereby adopted a new Section 15.28.130 of the Code of the City of
Lodi to read in full as follows:
Section 15,28,130 Section 901 amended - Record of work done by city.
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition, adopted by Section 15.28.010, is amended to read as follows:
The Building Official shall keep an itemized account of the expense incurred by the city
in the repair or demolition of any building done pursuant to the provisions of Section 701.3 Item
3 of this Code. Upon the completion of the work of repair or demolition, said Building Official
shall prepare and file with City Clerk a report specifying the work done, the itemized and total
cost of the work, a description of the real property upon which the building or structure is or was
located, and the names and addresses of the persons entitle to notice pursuant to Section 401.3.
Section 15. There is hereby adopted a new Section 15.28.140 of the Code of the City of
Lodi to read in full as follows:
Section 15,28,140 Violation - Penalty.
A. No person, whether as owner, lessee, sublessee or occupant, shall erect, construct,
enlarge, alter, repair, move, improve, remove, demolish, 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 provision of this chapter.
B. Any person, firm, or corporation violating any provision of this Code shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which any violation of this Code occurs or continues, shall be deemed to
constitute a separate offense.
Section 16 - No Mandatory Duly 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 17 - 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 18. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 19. This ordinance shall be published one time in the "Lodi News Sentinel", a
6 S JACAICIMORMORD1621E.DOC
daily newspaper of general circulation printed and published in the City of Lodi and shall be in
force and take effect thirty days from and after its passage and approval.
Approved this day of December, 1995
STEPHEN J. MANN
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1621-E
was introduced at a regular meeting of the City Council of the City of Lodi held December 6,
1995 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-E 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
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
S J:ICAICIMORMORD1621E.DOC
ORDINANCE NO. 1621-F
AN ORDINANCE ADOPTING THE "NATIONAL
ELECTRICAL CODE," 1993 EDITION, WHICH CODE
REGULATES THE INSTALLATION, ALTERATION,
OR ADDITION OF ELECTRICAL WIRING, DEVICES,
APPLIANCES, OR EQUIPMENT IN THE CITY OF
LODI; AND REPEALING SECTIONS 15.16.010,
THROUGH 15.16.190 OF THE CODES 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 15th day of November, 1995,
schedule a public hearing on the above -entitled ordinance for December 6, 1995, at the hour of
7:00 o'clock p.m., of said day in the Carnegie Forum, 305 West Pine Street, 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 provisions of Section 50022.3 of the Government Code as
appears by the Affidavit of Publication on file therein; and
WHEREAS, at the time set for hearing no protests were received by the City Council;
NOW THEREFORE the City Council of the City of Lodi does ordain as follows:
Section 1. Sections 15.16.010, through 15.16.190 of the Code of the City of Lodi, are
hereby repealed and are superseded and replaced by the following new Sections 15.16.010,
15.16.020, 15.16.030, 15.16.040 and 15.16.050 to read as hereinafter set forth.
Section 2. There is hereby adopted a new Section 15.16.010 of the Code of the City of
Lodi to read in full as follows:
,Sec. 15.16.010. Adoption.
The provisions set forth in the "National Electrical Code," and the "Uniform
Administrative Code Provisions" 1993 Edition, are hereby adopted as the Electrical Code of the
City of Lodi. The Electrical Code of the City of Lodi shall apply to all matters pertaining to the
installation, alteration or addition of electrical wiring, devices, appliances, or equipment in the
City of Lodi, California; and the enforcement of the rules and regulations as set forth in the
"National Electrical Code," 1993 Edition.
S JACAIC MORMORD1621F.DOC
Section 3. There is hereby adopted a new Section 15.16.020 of the Code of the City of
Lodi to read in full as follows
Section 15.16.020 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.
Section 4. There is hereby adopted a new Section 15.16.030 of the Code of the City of
Lodi to read in full as follows:
Sec. 15.16.030 Fees
A fee for each electrical permit required by this Code shall be paid to the City of Lodi as
set forth in Table 3-A, as modified herein. Fees shall be paid prior to permit issuance.
TABLE 3-A
1. For issuing permits, a fee shall be paid for
issuing each permit in addition to all other
charges specified in this section ................ $20.00 each
2. For wiring outlets at which current is used
or controlled .............................................. $ 1.00 each
3. For fixtures, sockets or other lamp holding
devices less than eighteen inches apart .....
$
1.00 each
4. For each five feet or fraction thereof multi -
outlet assembly ..........................................
$
1.00 each
5. For electric discharge lighting fixtures......
$
2.00 each
6. Mercury vapor lamps and equipment ........
$
2.00 each
7. Heaters.......................................................
$
4.00 each
8. X -Ray Machines ........................................
$
5.00 each
9. Swimming Pools .......................................
$
30.00 each
10. Electric ranges, range top and ovens, clothes
dryers, water heaters ..................................
$
5.00 each
2 S JACATIMORMORD1621F.DOC
11. For fixed motors, transformers, welder,
rectifier, air conditioners and other
miscellaneous equipment or appliances
shall be that given in the following table
for the rating thereof;
Up to and including 1 hp ...........................
Over 1 and not over 5 ................................
Over 5 and not over 20 ..............................
Over 20 and not over 50 ............................
Over 50 and not over 100 ..........................
Over 100 - Each motor per hp ...................
$ 5.00
$ 7.00
$ 10.00
$ 15.00
$ 20.00
$ .20
12. For any equipment or appliance containing more than one motor
or other current consuming components in addition to the motor
or motors, the combined electrical ratings, converted to KVA of
all shall be used to determine the fee; for the purpose of this
subsection one H.P. or one KW is equivalent to one KVA.
13. The fees for a change of location or replacement of equipment on
the same premises shall be the same as that for a new installation.
However, no fees shall be required for moving any temporary
construction motor from one place to another on the same site
during the time of actual construction work after a permit has
once been obtained.
14. For switchboards the fees for installing, changing, replacing,
relocating, or reinstalling a switchboard, or for additions to an
existing switchboard shall be as follows:
a. 600 volts and less
First switchboard section..
Each additional section .....
b. Over 600 volts ..................
Each additional section ....
................ $ 20.00
................ $ 10.00
............. $ 30.00
............. $ 15.00
15. For distribution panels the fee for each
distribution panel, panelboard, or motor
control panel that is installed, changed,
replaced, relocated or reinstalled ............... $ 10.00
16. For service installations, the installation of each set of service conductors
and equipment, including changing, replacing or relocating existing service
equipment, the fees shall be as shown in the following table:
S J:\CA\CITY\ORD\ORD1621F.DOC
TYPE OF SERVICE UNDER 600 VOLTS (Including One Meter)
0 to 100 Amperes ................................
$ 10.00
101 to 200 Amperes ................................
$ 20.00
201 to 500 Amperes ................................
$ 30.00
501 to 1200 Amperes ................................
$ 40.00
Over 1200 Amperes .................................
$ 75.00
All services over 600 volts ........................
$ 75.00
For each additional meter ..........................
$ 2.00
17. For single-family dwelling on new construction
work the following flat rate shall apply to service
panels, all outlets, range, dryer, and other
miscellaneous circuits ................................ $ .035 per SF
18. For multi -family building on new construction
work the following flat rate shall apply to subpanels,
all outlets, range, dryer, and any other
miscellaneous circuits ................................ $ .035 per SF
19. Signs.......................................................... $ 15.00 each
20. Inspections of damaged service ................. $ 20.00 each
No permit shall be issued to any person unless all fees due are paid in full.
OTHER INSPECTION FEES AND REFUNDS
1. Inspections outside of normal business hours
(Minimum charge - 3 hours) ...................... $ 40.00 per hour
2. Reinspection fee ........................................ $ 30.00 each
3. Inspections for which no fee is specifically
indicated .................................................... $ 30.00 per hour
4. Additional plan review required by changes,
additions or revisions to approved plans
(Minimum charge - one-half hour)............ $ 30.00 per hour
5. Refunds on all permits shall be subject to a
$35.00 administrative processing fee.
4 S JACAICIMORMORD1621F.DOC
Section 5. There is hereby adopted a new Section 15.16.040 of the Code of the City of
Lodi to read in full as follows:
Section 15.16.040 Permit Qualifications.
A. Electrical permits shall not be issued to any person except State of California
licensed contractors.
B. Exceptions:
1. A permit may be issued to the owner of a single or multiple family dwelling,
provided, that the owner shall personally perform all labor in connection
therewith.
2. A permit may be issued to the owner of any building, provided, that the
total cost of the labor and materials do not exceed $1,000.00 and the
owner shall personally perform all labor in connection therewith.
Section 6. There is hereby adopted a new Section 15.16.050 of the Code of the City of
Lodi to read in full as follows:
Section 15.16.050 Violation -- Misdemeanor
A. 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 Code.
B. Any person, firm, or corporation violating any provision of this Code shall
be deemed guilty of a misdemeanor, and upon conviction thereof, shall
bepunishable by a fine and/or imprisonment set forth by the governing
laws of the jurisdiction. Each separate day or any portion thereof, during
which any violation of this Code occurs or continues, shall be deemed to
constitute a separate offense.
Section 7 - 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 8 - 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.
S 1:1CA1CITY10RD10RD1621F.DOC
Section 9. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 10. 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 thirty days after its passage.
Approved this day of December, 1995
STEPHEN J. MANN
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1621-F was introduced at a regular meeting of the City Council of the City of Lodi held
December 6, 1995 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1621-F 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
RANDALL A. HAYS
City Attorney
JENNIFER M. PERRIN
City Clerk
6 S JACAWITYMMORD1621F.DOC
DI
�k <o CITY OF •
LODI, CALIFORNIA•
ADVERTISING INSTRUCTIONS
SUBJECT: SET PUBLIC HEARING FOR DECEMBER 6, 1995 TO ADOPT OF
UNIFORM CODES AS APPROVED BY THE STATE OF CALIFORNIA
PUBLISH DATE: SATURDAY, NOVEMBER 18, 1995 AND
SATURDAY, DECEMBER 2, 1995
TEAR SHEETS WANTED: ONE
AFFIDAVIT AND BILL TO:
DATED:
advins/forms
NOVEMBER 16, 1995
JENNIFER M. PERRIN
CITY CLERK
ORDERED BY:
•, CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: December 6, 1995
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE 1S HERESY GIVEN that on Wednesday, December 6, 1995 at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Public Heanng to consider the following matter:
a) Adoption of Uniform Codes as approved by the State of California:
1) Uniform Building Code - 1994
2) Uniform Plumbing Code - 1994
3) Uniform Mechanical Code - 1994
4) Uniform Housing Code - 1994
5) Uniform Code of the Abatement of Dangerous Buildings - 1994
6) Uniform Fire Code - 1994
7) National Electric Code -1993
Information regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California. All interested persons
are invited to present their views and comments on this matter. Written statements may
be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral
statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
nifer M. ernn
Clerk
Dated: November 15, 1995
Approved as to form:
John Luebberke
Deputy City Attorney
J:VCITYCLRKIF0RMS%N0TCOD.00C 11113M
•, CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: February 21, 1996
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, February 21, 1996 at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Continued Public Hearing to consider the following matter:
a) Adoption of Uniform Fire Code - 1994 as approved by the State of California
Information regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California. All interested persons
are invited to present their views and comments on this matter. Written statements may
be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral
statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
nder ernn r
Clerk
Dated: December 6,1995
Approved as to form:
.c.
John Luebberke
Deputy City Attorney
J:ICITYCLRKIFORMS\NOTCDD.DOC 1714195