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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