HomeMy WebLinkAboutAgenda Report - April 7, 1993 (91)4` j OF
CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Adoption of Ordinance No. 1568-D entitled, "An Ordinance Adopting the
'Uniform Housing Code,' 1991 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"
MEETING DATE: April 7, 1993
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the
City Council to adopt Ordinance No. 1568-D.
BACKGROUND INFORMATION: Ordinance No. 1568-D entitled, "An Ordinance Adopting the
'Uniform Housing Code,' 1991 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" was
introduced at the regular meeting of the Lodi City
Council held March 17, 1993.
Pursuant to State statute, ordinances may be adopted five days after their
introduction following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
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APPROVED: — iJ
THOMAS A. PETERSON ,krcyd Pape,
City Manager
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ORDINANCE NO. 1568•D
AN ORDINANCE ADOPTING THE "UNIFORM HOUSING CODE, "1991
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 17th day
of February, 1993 read the title of the above entitled ordinance and
did thereupon schedule a public hearing thereof for March 17, 1993 at
the hour of 7:30 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. Adaption.
The provisions set forth in the "Uniform Housing Code," 1991
Edition, together with appendixes thereto, are hereby adopted as the
Housing Code of the City of Lodi. The Housing Code of the City of Lodi
shall apply in all matters pertaining to all buildings or portions
thereof used, or designed or intended to be used, for human habitation
within the City of Lodi.
Section 2. Revisions, additions and deletions.
The revisions, additions and deletions to the "Uniform Housing
Code," 1991 Edition, adopted by the preceding section, which are hereby
approved by the City Council as exceptions, read as follows:
(a) Delete Sec. 203, "Housing Advisory and Appeals Board."
(b) Add to Sec. 401 "Definitions," subparagraph "Board of
Appeals," to read as follows:
'Whenever in this Code reference is trade to the 'Board of
Appeals,' 'Appeals Board,' or 'Housing Advisory Board' it shall mean
the City Council of the City cf Lodi."
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ORD1568D/TXTA.02J
(c) Add to Sec. 401 "Definitions," subparagraph 'Building
Official' 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."
(d) Sec. 401, "Definitions," subparagraph "Health Officer,"
change to read:
"Whenever in this Code reference is made to the 'City Health
Officer' or 'Health Officer' it shall mean the legally designated
Director of the San Joaquin County Environmental Health Division or his
authorized representative."
(e) Add to Sec. 401, "Definitions," subparagraph 'Fire Mar:.hal,
to read as follows:
"Whenever in this Code reference is r"s:;e to the 'City Fire
Marshal' or 'Fire Marshal' it shall mean the Fire Marshal of the City
of Lodi or his authorized r presentative."
(f) Rec. 1201 (a), (b) and (c). Change to read:
"Sec. 1201. Appeal to City Council.
"Any person aggrieved by any order of the Building Official
hereunder to repair, vacate and rapair, or demolish any building or
structure, or portion thereof, may appeal such order to the City
Council. The appeal, which shall be in writing and which shall state
the substance of the order appealed from, shall be submitted to the
City Council within ten (10) days from the date of personal service or
mailing of the order which is being appealed. The City Council shall
set the matter for hearing. Notice of the date, hour and place of the
hearing shall be posted and served at least ten (10) days before the
date set for the hearing in the manner and upon the persons specified
in Section 401 (c), (d) and (e). The notice shall order all interested
parties who desire to he 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."
(g) Sec. 1202. Change to read:
"Hearing Before City Council. At the time stated in the notice,
the City Council shall hold a hearing, and hear and consider any
evidence offered by the Building Official, owner, occupant or person in
change and control, mortgagee or beneficiary under any deed of trust,
lessees, 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."
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(h) Sec. 1203. Chanve *^ raod:
'`under of City Council. if, from a full and fair consideration cf
the evidence and testimony received at the hearing, the City Council
shall determine that the building or structure, or any portion thereof,
is unsafe and a public nuisance, then it shall overrule the appeal and
issue an order certified by the City Clerk:
(1) That the building or structure must be repaired, vacated and
repaired, or demolished;
(2) That the occupant, lessee, or other person in possession must
vacate said building or structure, or that he may remain in possession
while repairs are being made;
(3) That any mortgagee, beneficiary under a deed of trust, or any
other person having an interest or estate in said building or structure
may, at his own risk, repair, vacate and repair, or demolish it.
"The order shall (i) set forth the information required in Section
1101(b) paragraph 1, (ii) contain a statement of 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.
(i) Sec. 1204. Change to read:
"Serving and Posting of Order of City Council. Copies of the
order of the City Council shall be posted on the building or structure
involved and served in the manner and upon the persons specified in
Section 1101 (c), (d) and (e)."
(j) Delete Sections 1301 through 1305 inclusive, "Procedure for
Conduct of Hearing Appeals."
(k) Sec. 1501 (a) and (o). Change to read:
"Sec. 1501. Sale, Repair or Demolition.
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"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:
"(i) 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
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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 p&rties or persons lawfully entitled thereto.
"(2) Cause the building or structure to be repaired or
demolished. The cost thereof shall be assessed against the property
upon which the particular building or structure is located. The repair
or demolition of any building or structure, or sale of the materials
thereof, shall be by a contract awarded following advertisement for
bid&, to the lowest and beat bidder in the c"se of repair or demolition
work and to the highest 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 the 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."
(1) Delete Sec. 1502, "Repair and Demolition Fund."
(m) Delete Sec. 1609, "Report to Assessor and Tax Collector:
Addition of Assessment to Tax Bill."
(n) Delete Sec. 1612, "Repayment of Repair and Demolition Fund."
Section 3. Violations and Penalties: Pio 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
Code or any order issued by the Chief Building Inspector hereunder.
Any person violating the provisions of this Section shall be guilty of
a misdemeanor for each day such violation continues.
Section 4. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
Section S. 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.
Approved this 7th day of April 1993
PHILLIP A. PENNINO
Mayor
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ORD15680/TXIA.02J
Attest:
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M. PERRIN
City Clerk
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State of California
County of San Joaquin, ss.
1, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No.1568-D was introduced at a regular meeting
of the City Council of the City of Lodi held March 17, 1993 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held April 7, 1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1568-D was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
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IFER PERRIN
ity Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney
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