HomeMy WebLinkAboutCC ORD 2009-2323ORDINANCE NO. 2009 — 2323
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
CHAPTER 15.04 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO
APPROVE ALTERNATE MATERIALS AND METHODS OF
CONSTRUCTION, CONSIDER APPEALS, AND MAKE
INTERPRETATIONS UNDER TITLE 15 OF THE
MUNICIPAL CODE; AND DISSOLVING
THE ADVISORY AND APPEALS BOARD
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. That Chapter 15.04 of the National City Municipal Code is amended to
read as follows:
Chapter 15.04
CITY COUNCIL AUTHORITY UNDER CHAPTER 15 OF THE MUNICIPAL CODE
Sections:
15.04.010 City Council's Authority Under Title 15
15.04.010 City Council's Authority Under Title 15. In matters pertaining to Title 15 of
the Municipal Code, the City Council shall have final authority in the following matters:
A. Alternate Materials and Method of Construction. The City Council may approve
alternate materials and/or method of construction provided they find that the proposed materials
and/or method of construction, for the purpose intended, at least equivalent of that prescribed in
the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
B. Refusal to Issue Permits. The refusal of the Director of Building and Safety or
Fire Chief to issue any permit required by the City may be appealed by the applicant to the City
Council.
C. Notice to Abate Public Nuisances. The action of the Director of Building and
Safety or Fire Chief in issuing a correction notice or a notice to abate a public nuisance may be
appealed to the City Council.
D. Interpretation of City Codes. The decision of the Director of Building and Safety
or Fire Chief in interpreting provisions of the Building Code, Housing Code, Electrical Code,
Plumbing Code, Mechanical Code and Fire Code of the City may be appealed to the City
Council.
E. Disabled Access Regulations. All appeals regarding the interpretation or
application of the disabled access regulations contained in Chapter 7 (commencing with Section
4450) of Division 5 of Title 1 of the Government Code pursuant to Health and Safety Code
Section 19957.5 and the disabled access regulations contained in Title 24 of the California
Code of Regulations shall be heard by the City Council.
F. Decision of the City Council to be Final. In deciding the matters enumerated in
Subsections A through E of this Section, the decision of the City Council shall be final.
Ordinance No. 2009-2323
October 6, 2009
Page 2
Section 2. That the body known as the Advisory and Appeals Board is dissolved.
Whenever there is a reference in the Municipal Code or other law or regulation to the Advisory
and Appeals Board, it shall be construed to mean the City Council.
PASSED and ADOPTED this 6th day of October, 2009.
Morrison, Mayor
ATTEST:
uL:4/
Michael R. Dalla / ity Clerk
APPROVED AS TO FORM:
George H.iser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
6, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City C I City, California
I rk of the City of ationa
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on September 15, 2009, and on October 6, 2009.
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. 2009-2323 of the City Council of the City of National City, passed
and adopted by the Council of said City on October 6, 2009.
City Clerk of the City of National City, California
By:
Deputy