HomeMy WebLinkAboutCC ORD 1982-1783 REGULATE AND CONTROL THE OCCUPANCY OR USE OF BUILDING, WHERE IN THE PROVISIONS OF THE CITY'S CODES AND ORDINANCES REQUIRE "OCCUPANCY PERMITS"ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA
ADOPTED AS AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT
CODE SECTION 36937 TO REGULATE AND CONTROL THE OCCUPANCY
OR USE OF BUILDINGS, WHEREIN THE PROVISIONS OF THE CITY'S
CODES AND ORDINANCES REQUIRE "OCCUPANCY PERMITS" PRE-
REQUISITE TO SUCH OCCUPANCY OR USE, TO INSURE ADEQUATE
PROTECTION OF PUBLIC HEALTH AND SAFETY AND TO ASSURE
FULFILLMENT OF PRESCRIBED PROPERTY USE REGULATIONS IN
THE PUBLIC INTEREST
WHEREAS, individuals and other entities in the City
of National City have prepared business permises for the purpose
of engaging in business without first obtaining the proper
occupancy permit for such premises; and
WHEREAS, individuals and other entities inthe City
of National City have engaged in business on particular pre-
mises without first obtaining the proper occupancy permit
for such premises; and
WHEREAS, occupancy permits are required by the
National City Municipal Code and Uniform Building Code to
assure that the purpose for which a building or part thereof
is used or intended to be used is appropriate for such.
building; and
WHEREAS, occupancy permits are required by the
National City Municipal Code and Uniform Building Code to
assure the safety, health, and protection of those individuals
occupying the building or premises; and
WHEREAS, persons preparing a building or premises
for the purpose of engaging in business should be afforded
the protection provided by the issuance of an occupancy permit;
and
WHEREAS, persons occupying a building either the
public or others, while a business is being conducted therein
should be afforded the protections provided by the issuance of
an occupancy permit; and
WHEREAS, the City Council of the City of National
City finds that for the immediate preservation of the public
health and safety, occupying a building or other premises
for the purpose of engaging in business or for engaging in
business without the issuance of an occupancy permit should be
prohibited,
NOW, THEREFORE, the City Council of the City of
National City does ordain as follows:
SECTION 1: It shall be unlawful for any person
to prepare any building or premises for the purpose of engaging
in business or to engage in any business covered by Title 6
of this Code (B usiness Licenses) without first obtaining an
Occupancy Permit pursuant to Title 18 of this Code (Land Use
Code) .
SECTION 2: The City Business License Collector
shall not issue a business license for the use of any building
or premises for which a valid occupancy permit for that specific
use is not in effect.
SECTION 3: For the purposes of this Ordinance
"preparing to engage in business" means, but is not limited to,
painting or attaching signs, installing showcases or other mer-
chandising paraphernalia, receiving and stocking merchandise
inventory, or engaging in any capacity other than routine
property maintenance, on the premises.
SECTION 4: For th.e purposes of this Ordinance
"routine property maintenance" means cleaning; repair of damaged,
deteriorated or dangerous structures or appurtenances as per-
mitted by the provisions of Title 15 of the Municipal Code
(Building Regulations); repair or replacement of roofing,
doors, windows or other building components that provide
protection from unauthorized entry or the elements of weather;
repair of any improvement required for the protection of life
safety by the California Health and Safety Code, the National
City Building Code, or the National City Fire Code; and
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Painting (except signs), including the removal of graffiti or
the replacement of floor covering.
SECTION 5: The Superintendent of Building and
Safety may order the disconnection of public utilities from
any vacant building or premises and from any building or pre-
mises requiring an Occupancy Permit wherein an applicable
Occupancy Permit is not in effect. Such disconnection shall
remain in effect until the business proprietor has made full
disclosure to the Superintendent of Building and Safety of all
electric and gas equipment, fixtures, appliances, lighting,
air handling machinery and similar energy consuming devices that
will be used on the premises, and until a valid Occupancy Permit
has been issued.
SECTION 6: Upon discovery of violations of this
Ordinance the Chief of Police or City Code Conformance Officer
may forthwith issue citations to the persons responsible for
or causing such violations; or the City Attorney may proceed
to seek legal remedies in any manner provided by law.
SECTION 7: Any violation of this Ordinance may
be prosecuted as an infraction or as a misdemeanor, at the
option of the City Attorney. Each day that the violation contin-
ues will constitute a separate offense.
SECTION 8: If any section, sentence, clause,
phrase or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have adopted this
Ordinance and each section, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more
sections, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 9: This Ordinance is adopted as an
urgency Ordinance for th.e immediate preservation of the
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public health and safety and shall become effective immediately
upon such adoption.
PASSED AND ADOPTED this 27th day of August, 1982.
ATTEST:
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Passed and adopted by the Council of the City of National City,
California, on August 27, 1982 by the following vote, to -wit:
Ayes: Councilmen Camacho, Dalla, Van Deventer? Waters, Morgan
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: KILE MORGAN
Mayor of the City of National City, California
City Clerk r the City of Nat al City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on
AuQust 27, 1982 , under the provisions of Secs. 36934
and 36937(b) bf the Government Code.
I FURTHER CERTIFY that the reading of said ordinance in full was
dispensed with by a vote of not less than a majority of the mem-
bers elected to the City Council
I FURTHER CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1783 of the City of National
City, passed and adopted by the council of said City on
August 27, 1982
IONE CAMPBELL
City Clerk of the City of
National City, California