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HomeMy WebLinkAboutCC ORD 1989-1978 Amends Ch. 15.16, Uniform Housing Code (15.16)ORDINANCE NO. 1978 AN ORDINANCE OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM HOUSING CODE, 1988 EDITION, AMENDING CERTAIN SECTIONS, AND AMENDING ORDINANCE NO. 1912 AND CHAPTER 15.16 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY BE IT ORDAINED by the City Council of the City of National City as follows: SECTION 1. The City Council of the City of National City hereby adopts the Uniform Housing Code, 1988 Edition. SECTION 2. The City Council of the City of National City hereby amends and deletes certain sections of the Uniform Housing Code, 1988 Edition and amends Ordinance No. 1912 and Chapter 15.16 of the National City Municipal Code, to read as follows: Sections: 1.5.16.002 15.16.010 15.16.015 15.16.020 15.16.025 15.16.030 15.16.035 1.5.16.040 1.5.16.05.0 15.16.0.5.5 15.16.060 15.16.065 15.16.070 1.5.16.075 15.16.080 1.5.16.08.5 15.16.090 15.16.09S 15.16.100 CHAPTER 15.16 UNIFORM HOUSING CODE Findings and declaration Code adopted Section 201(a)..deleted..Authority Section 201(a)..added..Authority Section 201(b)..deleted..Right of Entry Section 201(b)..added..Right of Entry Section 203(a)..deleted..Housing Advisory and Appeals Board Section 203(a)..added..Advisory and Appeals Board Section Section Section Section Section 204. 204. 304. 305. 306. Revocation Section 401..amended..Definition Health Officer Section 401..amended..Definition-Apartment, Hotel and Lodging House Section 1201(a)(b)(c)..deleted..General Section 1202..amended..Effects of Failure to Appeal Chapter 13..deleted..Procedures for conduct of hearing appeals Chapter 13..added..Appeal procedure . deleted..Violations . added..Violations . added..Annual Housing Permit . added..Fee Schedule .added. .Permit Suspension or 15.16.002 Finding and declaration. The city council specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, location, environment, and rate of population growth of the city necessitates and demands specific changes in, and variations from, the Uniform Housing Code, 1988 Edition, which are noted in and made a part of this chapter. 15.16.010 adopted. There is adapted by the city council, for the purpose of prescribing regulations governing hazards to life and property from substandard (residential) housing conditions, that certain code known as the Uniform Housing Code, as copyrighted by the International Conference of Building Officials, being particularly the 1988 Edition, save and except such portions as are hereinafter deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the city clerk; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.16.015 Section 201(a) Authority..deleted. Section 201(a) Authority of the Uniform Housing Code is deleted. 15.16.020 Section 201(a)..added..Authority. Section 201(a) of the Uniform Housing Code is added to read as follows: The San Diego County Health Department is designated as the agency responsible for issuing housing permits, collecting fees therefor, and making all housing inspections pursuant to this code. The National City Department of Building & Safety retains all other jurisdiction for the issuance of building permits of all kinds making building inspections and collecting fees thereunder. 15.16.025 Section 201(b)..deleted..Right of Entry. Section 201(b) of the Uniform Code is deleted. 15.16.030 Section 201(b)..added..Right of Entry. Section 201(b) of the Uniform Housing Code is added to read as follows: When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises and condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 1.5.16.035. Section 203..deleted..Housing Advisory and Appeals Board. Section 203 of the Uniform Housing Code is deleted. 15.16.040 Section 203..added..Advisory and Appeals Board. Section 203 of the Uniform Housing Code is added to read as follows: The Advisory and Appeals Board is established by the City Ordinance No. 1324 adopted August 1, 1972. The Board shall have the jurisdiction to review the items enumerated in Chapter 15.04 of the National City Municipal Code. 15.16.050 Section 204..deleted..Violations. Section 204 of the Uniform Housing Code is deleted. 15.16.055 Code Section 204..added..Violations. Section 204 of the Uniform Housing Code is added to read as follows: Violations punishable prescribed Code. of any provisions of this code shall be as a misdemeanor and shall carry the penalties as in Chapter 1.20 of the National City Municipal 15.16.060 Section 304..added..Annual Housing Permit. Section 304 is added to the Uniform Housing Code to read as follows: Section 304. ANNUAL HOUSING PERMIT. (a) It shall be unlawful for any person, firm, partnership, or corporation either for himself or itself to own or operate an apartment house, hotel, or lodging house as defined in Chapter 4 of this code without first obtaining an Annual Housing Permit therefor. (b) The Annual Housing Permit required by this section shall be pro -rated on a quarterly basis and shall expire by limitation on December 31st of the year in which it is issued. The Annual Housing Permit shall not be transferable from one establishment to another; however, the permittee for an Annual Housing Permit may be changed without charge upon notification to the San Diego County Health Department. 15.16.065 Section 305..added..Fee Schedule. Section 305 is added to the Uniform Housing Code to read as follows: (a) All fees for housing permits and housing permit inspections shall be set by ordinance of the city council and shall be in accordance with the San Diego County fee schedule then in effect. The city council may, from time to time, consider amendments to the adopted fee schedule to maintain that accordance, which amendments may be made by ordinance of the city council. (b) Housing Permit Fees. Annual Housing Permit fees shall be billed and collected by the San Diego County Health Department. 15.16.070 Section 306..added..Permit Suspension or Revoca- tion. Section 306 is added to the Uniform Housing Code to read as follows: Section 306. PERMIT SUSPENSION OR REVOCATION. Whenever it is found that any apartment house or hotel is not being conducted in conformity with the provisions of this code, the Annual Housing Permit to operate same shall be subject to suspension or revocation by the San Diego County Health Department. 15.16.075 Section 401..amended..Definitions-Health Officer Section 401 is amended to read as follows: Health Officer as defined herein shall be the County Health Officers. 15.16.080 Section 401..amended..Definitions..added Apart- ment,. Hotel and Lodging Houses. Section 401 of the Uniform Housing Code is amended to read as follows: Apartment, Hotel, and Lodging House shall be defined as enumerated in the latest edition of the Uniform Building Code. 15.16.085 Section 1201(a)(b)(c)..deleted..General. Section (a)(b)(c) of the Uniform Housing Code is deleted. 15.16.090 Section 1202..amended..Effects of Failure to Appeal. Section 1202 of the Uniform Housing Code is amended to read as follows: Failure of any person to file an appeal in accordance with the provisions of Section 1101 of the Uniform Housing Code and Section 15.04.060 of the National City Municipal Code shall constitute a waiver of his rights to an administrative hearing and adjudication of the Notice and Order or to any portion thereof. 1.5.16.095 Chapter 13..deleted..Procedures for conduct of hearing appeals. Chapter 13 of the Uniform Housing Code is deleted. 15.16.100 Chapter 13..added..Appeal procedures. Chapter 13 of the Uniform Housing Code is hereby added to read as follows: Appeal procedure as set forth in Section 15.04.060 and 15.04.070 of the National City Municipal Code. PASSED and ADOPTED this 25th day of JULY 1989. ATTEST: Lori Anne Peoples, C ty Clerk APPROVED: George H. Eiser, I I, City Attorney George . Waters, Mayor Passed and adopted by the Council of the City of National City, California, on 7/25/89 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Dalla, Inzunza7 Pruitt, VanDeventer? Waters None None None GEORGE H. WATERS Mayor of the City of National City, California City ClL rk of the City of National ity, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 6 / 2 0 / 8 9 and on 7/25/89 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1978 of the City of National City, passed and adopted by the Council of said City on 7/25/89 (Seal) City Clerk of the City of National City, California By: Deputy