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HomeMy WebLinkAboutCC ORD 1971-1264ca/41-13 1264 ORDINANCE NO. 1264 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE, VOLUME III HOUSING, 1970 EDITION, THE APPENDIX THERETO, PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF, A N D REPEALING ORDI- NANCES NOS. 1124, 1154, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OF SAID CITY IN CONFLICT THEREWITH. The City Council of the City of National City does ORDAIN as follows: SECTION 1 That Ordinances Nos. 1124, 1154, and all other ordinances and parts of ordi- nances in conflict with this ordi- nance are hereby repealed. SECTION 2. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing mini- mum regulations for the protec- tion of life, health, safety, wel- fare, and property from sub- standard (residential) housing conditions, that certain docu- ment known as the Uniform Building Code, Volume III — Housing, published by the Inter- national Conference of Building Officials, being particularly the 1970 Edition and the Appendix thereto, save and except such portions as are hereinafter deleted. modified, or amended, of which code not less than three (3) copies have been and are now on file in the office of the City Clerk of National City and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect. It shall be known as the Housing Code, the provisions thereof shall be controlling within the limits of the City of National City. SECTION 3. Section H-201 (a) of the code adopted by this ordi- nance is hereby amended to read as follows: Section H-201 (a) AUTHORITY There is hereby established within the Department of Build- ing and Housing, a Bureau of Housing, which is hereby authorized and directed to ad- minister and enforce aII of the provisions of this code, and which shall be operated under the supervision of the Director of Building and Housing. The Bureau of Housing shall conduct an annual inspection of every apartment house and hotel in the city. SECTION 4. Section H-203 of the code adopted by this ordi- nance is hereby amended to read as follows: Section H-203. HOUSING AD- V I S O R Y AND APPEALS BOARD. The Building and Housing Ad- visory and Appeals Board, established by City Ordinance No. 1189, shall provide reason- able interpretations of the pro- visions of this code and shall hear appeals as provided for in said City Ordinance No. 1189. SECTION 5. A new Section H-304 is hereby added to the code adopted by this ordinance to read as follows: S e c t ion H-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 or hotel as de- fined in Chapter 4 of the Uni- form Building Code without first obtaining an annual Housing Permit therefor. (b) The annual Housing Per- mit required by this section shall be prorated on a quarterly basis and shall expire by limita- tion on December 31st of the year in which it is issued. The annual Housing Permit shall not be transferable from one estab- lishment to another or from one location to another, however, the permittee for an annual Housing Permit may be changed without charge upon notification to the Department of Building and Housing. SECTION 6. A new Section H-305 is hereby added to the code adopted by this ordinance to read as follows: Section H-305. HOUSING PERMIT FEES. (a) FEE SCHEDULE. In,. addition to the Business License' Permit fees required by City Ordinance No. 708, and annual fee for a Housing Permit re- quired by section H-304 shall be paid to the City Treasurer as follows: 1. For each apartment house or hotel containing not more than six (6) units ... $10.00 2. For each apartment house or hotel containing not less than seven (7) but not more than ten (10) units $12.50 3. For each apartment house or hotel containing not less than eleven (11) but not more than fifteen (15) units $15.00 plus $.40 for each unit in excess of fifteen (15) units. For the purpose of this section "UNIT" shall mean each apartment in an apartment building, each sleeping room in a hotel, and each apartment and each hotel sleeping room in a building containing both apartments and hotel sleeping roay. •Separate apartment house and separate hotel buildings, or "a combination thereof, located upon a single parcel of land or contiguous parcels of land under the same ownership shall be treated as one apartment house or hotel for the purpose of computing the fee prescribed in this section. (b) PENALTY FOR DELIN- QUENT PAYMENT. In any case where the applicant has failed for a period of thirty (30) days to obtain the required Housing Permit, there shall be added to and collected with the required fee, a penalty equal to ten (10) percent of the fee and for each additional month or fraction of a month after the expiration of said 30-day period that the applicant fails to obtain such permit, there shall be collected with the fee an additional fee equal to ten percent of the fee; provided that, however, in no event shall the total penalty fee exceed sixty percent of the Housing Fee Permit. The imposition of or payment of the penalty im- posed by this section shall not prevent the imposition of any other penalty prescribed by this code or any ordinance or prose- cution for violation of this code or any city ordinance. SECTION 7. A new Section H-306 is hereby added to the code adopted by this ordinance to read as follows: Section H-306. SUSPENSION AND REVOCATION OF HOUS- ING PERMIT. 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 Director of Building and Housing. and true copy of 0 1264 of the O dina City of Nation City, as op b the Cit of said Ci and a� *�, the lC`7� 7. 16th day ofFeb.. 1. re--C ,c.Ne. . SECTION 8. Chapter 12 of the code adopted by this ordinance is hereby deleted. SECTION 9. Chapter 13 of the code adopted by this ordinance is hereby deleted. SECTION 10. Severability: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordi- nance. The City Council hereby declares that it would have adopted this code and each sec- t i o n , subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 11. Penalty: It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alteri. repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any build- ing or structure in the city, or cause the same to be done, con- trary to or in violation of any of the provisions of this code as amended. Any person, firm, or corpora- tion violating any of the provi- sions of this Code shall be deemed guilty of a misde- meanor separate offense for each and every day or portion thereof during which any viola- tion of any of the provisions of this Code is committed, con- tinued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by impriscnment for not more than 180 days, or by both such fine and imprison- ment. PASSED AND ADOPTED by the City Council of the City of National City, California, this 16th day of February, 1971, by the following vote, to -wit: AYES: Councilmen Camachol. Reid, Waters, Morgan. NAVES: Councilmen none ABSENT: Hogue KILE MORGAN Mayor of the City of National City, California ATTEST: IONE MINOGUE City Clerk I hereby approve the fore- going Ordinance this 16th day of February. 1971. KILE MORGAN Mayor of the City of National City, California I hereby certify that the above and foregoing is a full dinance No. ces of the alifornia, Council ovedc,by (Signed) IONE MINOGUE (Seal) City Clerk of the City of National City, California. NC5195 2-25-71 AND 1 HERE13T CERTTFt that the sane has been duly published aecolrdl to law. City Clerk. City of Wztienal City, Calif