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HomeMy WebLinkAboutCC ORD 1997-2137 Compliance program for single-family attached garage conversions constructed without required permits (Not codified)ORDINANCE NO. 97 -2 137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A COMPLIANCE PROGRAM FOR SINGLE-FAMILY ATTACHED GARAGE CONVERSIONS CONSTRUCTED WITHOUT REQUIRED PERMITS PRIOR TO JANUARY 1, 1997 WHEREAS, it has been determined that there exist within the city numerous garages attached to single-family homes which have been converted to living space without required permits; and WHEREAS; the City Council has determined that in many of these cases, to require the converted garages to immediately be brought into compliance with applicable legal requirements would create a financial hardship for the owners of such structures; and WHEREAS, in order to bring illegally -converted garages into full compliance with the law, and to accommodate their owners, the City Council hereby establishes a compliance program for single-family attached garage conversions constructed without required permits prior to January 1, 1997. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Declaration of Non -Complying Garage Conversions. All single-family attached garage conversions existing on January 1, 1997, and constructed without required permits, are hereby declared to be non -complying under the existing ordinances of the City of National City and/or laws of the State of California. Section 2. Inspection Requested; Compliance. No later than December 31, 1997, the owner of any garage conversion may request an inspection of such garage conversion from the Director of Building and Safety. The Director of Building and Safety shall thereafter cause to be performed an inspection of such garage conversion to determine whether such garage conversion is non -complying. Upon such garage conversion being found by the Director of Building and Safety to be non -complying under the criteria set forth in Section 1, the owner of such garage conversion shall, within five (5) years of the request for inspection, do one of the following: Ordinance No. 9 7 -213 7 Page Two (a) Bring the non -complying garage conversion into full compliance with all applicable legal requirements for living space; or (b) Eliminate the non -complying garage conversion by restoring the living space to a garage. In the event the property upon which a non -complying garage exists is sold within five (5) years of the finding of non-compliance, prior to the transfer of title the seller shall take the steps set forth in Section 2(a) or 2(b) hereinabove, or the buyer of the property shall agree in writing in a form approved by the City Attorney to complete the steps set forth in Section 2(a) or 2(b) 'within such time as is prescribed by the Director of Building and Safety. Section 3. Compliance with Minimum Health and Safety Require- ments. At such time as a non -complying garage conversion is found to be non- complying by the Director of Building and Safety, the Director shall establish a time within which the non -complying garage shall be brought into compliance with such minimum health and safety requirements contained in the State Housing Law as the Director shall prescribe. In the event a non -complying garage conversion cannot meet such minimum health and safety requirements, the garage conversion shall be restored to a garage within such time as is established by the Director. Section 4. Notice of Non -Complying Garage Conversion. After a garage conversion has been found to be non -complying by the Director of Building and Safety, and at such time as the Director has confirmed that the garage conversion meets minimum health and safety standards, the owner of such garage conversion shall file with the County Recorder a "Notice of Non -Complying Garage Conversion" in a form approved by the City Attorney. Such notice shall state that a non -complying garage exists on the owner's property, and that the owner shall bring the garage conversion into compliance with all applicable legal requirements as described in Section 2(a), or remove the garage conversion as described in Section 2(b). Said notice shall further state that in the event the property upon which a non -complying garage exists is sold within five (5) years of the finding of non-compliance, prior to the transfer of title, the seller shall take the steps set forth in Section 2(a) or 2(b) hereinabove, or the buyer of the property shall agree in writing in a form approved by the City Attorney to complete the steps set forth in Section 2(a) or 2(b) within such time as is prescribed by the Director of Building and Safety. Ordinance No. 97-2137 Page Three Section 5. Fee for Inspection and Related Costs. In order to participate in the compliance program established herein, the owner of a single- family attached garage conversion existing on January 1, 1997, shall first pay to the City of National City a fee in an amount established from time to time by resolution of the City Council, to cover the costs of inspection of the garage conversion and related administrative costs. Section 6. Permit Withheld. A building permit for remodeling work or an increase in floor area shall be withheld for any structure having an attached non -complying garage, unless the scope of work authorized under that permit includes bringing the non -complying garage into compliance with all applicable legal requirements. Section 7. Non -Applicability. This ordinance, and the compliance program established herein, shall not apply to the following garage conversions: a) Garage conversions which are detached from the dwelling. b) Garage conversions which are rented to persons other than those residing in the main dwelling. c) Garage conversions which have been converted after January 1, 1997. d) Garage conversions which are attached or detached from structures other than single-family dwellings. e) Garage conversions whose owners do not request an inspec- tion pursuant to Section 2. The garage conversions described in this Section 8 shall immediately be brought into full compliance with all legal requirements. Section 8. Statement of Intent. This ordinance shall establish a compliance program for single-family attached garage conversions which are in violation of existing ordinances of the City on National City and/or laws of the State of California as of January 1, 1997. This ordinance shall not confer legal non -conforming status upon such garage conversions. This ordinance may be modified or repealed at any time in the sole discretion of the City Council. Section 9. Enforcement. Any owner of a non -complying garage conversion who does not participate in the compliance program established by this ordinance is subject to immediate enforcement action. In such cases, there shall be no right of appeal to the Planning Commission or the Advisory and Appeals Board under Sections 15.04.010(B) or 18.128.060 of the Municipal Code. Ordinance No. 9 7-2137 Page Four PASSED and ADOPTED this 15th day of July , 1997. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 15, 1997, by the following vote, to -wit: Ayes: Council Members Morrison, Zarate, Waters. Nays: Council Members Beauchamp, Inzunza. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California C y Clerk of the C. ! of National City, 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 June 17, 1997 and on July 15, 1997. 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 member 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 correct copy of ORDINANCE NO. 97-2137 of the City Council of the City of National City, passed and adopted by the Council of said City on July 15, 1997. City Clerk of the City of National City, California By: Deputy