HomeMy WebLinkAboutOrdinances 1976 03/20/1995. •, '' ,1'•I
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O~INANCE NO. 1976 N.C.S.
Introduced by
Matt Nlaguire
Seconded by
Lori Shea
AN O~INAIVCE OF 'I"~~ COUNCII, OF TI~E CIT~' OF PET'AIIUIVIA
~2ENAMING C~A~T'E12 2.24 "BOA~tD OF ~UII,IDING ~VIEW";
AIVIENDING SECTIONS 2.24.010 "C~ZEATED - COlVIPOSI~'ION",
2.24.020 "APPOIN~'1VIEN'I' ~~' CI'I'~' CO~JNCIg, -'TE~N%", ANI) 2.24.030
"SEC~tE"IIAR~' OF ~~A~D - DITTIES AND FITNC'I'g011TS" OF' C'~AP~'ER
2.24 "BOA~ OF ~~T~,I)ING 1ZEVIEW"; AND AlO~ENDING SEC'T~ONS
17.48.010 "BOAgtID OF ~gJILi)ING ~VIEW - POWEI2S", 17.08.020
"12IG~~' OF APPEAL", 17.08.030 "APPEAL PROCEIDiTI~", ~7.0~.050
"I)ETE~21VY~1A'TIONS", ANl) 17.08.070 "LINII'TATIONS OF POWERS"
OF C~AP'I'EIt 17.0~ "ADMINISTRAT'ION OF ~UII.DING CODES -
BiJ~.IDING PE~ITS" OF 'I'1~E PETAL~TNYA 1VIiJNICIPAI. CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
39 FOI,LOWS:
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41 Section 1. Chapter 2.24 "Board of Building Review" of Title 2"Administration" of the
42 Petaluma Municipal Code is hereby renamed "Building Board of Appeals".
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Ord. 1976 NCS ~. I O~ 5
1 Section 2. Section 2.24.010 "Created - Composition" of Chapter 2.24 of the Petaluma
2 Municipal Code is hereby amended to read as follows:
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4 2.24.010 Created - Composition.
5 There is established a"Building Board of Appeals" to also
6 be known as the "Housing Advisory and Appeals Board" which
7 shall consist of five members who are qualified by experience and
8 training in the building construction fields and who shall serve
9 without compensation.
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11 Section 3. Section 2.24.020 "Appointment by City Council - Term" of Chapter 2.24 of
12 the Petaluma Municipal Code is hereby amended to read as follows:
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14 2.24.020 Appointment by City Council -~'erm.
15 The members of the Building Board of Appeals shall also be
16 known as the Housing Advisory and Appeals Board and shall be
17 appointed by the city council and shall hold ofl'ice at the pleasure of
18 the city council.
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20 Section 4. Section 2.24.030 "Secretary of Board - Duties and Functions" of Chapter 2.24
21 of the Petaluma Municipal Code is hereby amended to read as follows:
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23 2.24.030 Secretaay of ~oard - Duties and Functions.
24 The building official shall be the secretary of the board and
25 shall keep permanent accurate records of all proceedings before the
26 board and shall perform such administrative functions for the board
27 as may be determined by the board.
28
29 Section 5. Section 17.08.O10 "Board of Building Review - Powers" of Chapter 17.08 of
30 the Petaluma Municipal Code is hereby amended to read as follows
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Ord. 1976 NCS
1 17.08.010 ~uilding Board of Appeals - Powers.
2 The Building Board of Appeals shall hear and decide
3 appeals of orders, decisions or determinations made by the building
4 official relative to the application and interpretations of the Uniform
5 Building Code, the National Electrical Code, the Uniform Plumbing
6 Code, the Uniform Mechanical Code, and Uniform Housing Code,
7 as presently adopted by the city and as such Codes may be
8 amended.
9 All such determinations shall be for purposes of clarification
10 and shall be of uniform application throughout the city and shall not
11 operate to create an exception from any ordinance or state law.
12
13 Section 6. Section 17.08.020 "Right of Appeal" of Chapter 17.08 of the Petaluma
14 Municipal Code is hereby amended to read as follows:
15
] 6 17.08.020 Itight of Appeal.
17 Any person may appeal from any notice or any action of the
18 building official as cited in Section 17.08.010.
19
20 Section 7. Section 17_08.030 "Appeal Procedure" of Chapter 17.08 of the Petaluma
21 Municipal Code is hereby amended to read as follows:
22
23 17.08.030 Appeal Procedure.
24 Every appeal shall be in writing on forms approved by the
25 board and furnished by the building official.
26 Every such appeai shall be filed with the building official at
27 least ten days prior to being corisidered by the board.
28 Every such appeal shall indicate the code provision or
29 provisions concerned, the nature of the appeal, the type of material
30 or construction intended to be used and shall be accompanied by
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Ord. 1976 NCS ~9' 3~~ S
1 such drawings, plans, information or other materials deemed
2 appropriate by the board.
3
4 Section 8. Section 17.08.050 "Determinations" of Chapter 17.08 of the Petaluma
5 Municipal Code is hereby amended to read as follows:
6
7 17.08.050 DeterYninations.
8 All determinations shall be transmitted in writing to the
9 building official and to the person appealing. The building official
10 shall permanently maintain a copy of each determination for public
l 1 inspection.
12 All deternunations shall be final and shall be binding upon
13 the building official.
14
15 Section 9. Section 17.08.070 "Limitations of Powers" of Chapter 17.08 of the Petaluma
16 Municipal Code is hereby amended to read as follows:
17
1$ 17.08.070 I,imitations of Powers.
19 The Board of Appeals or the Housing Advisory and
20 Appeals Board shall not be empowered to waive requirements of
21 these codes cited in Section 17.08.010.
22 The Uniform Building Code "Board of Appeals" established
23 by Ordinance l~To. 651/52 N.C.S. shall hereafter also be known as
24 the "Housing Advisory and Appeals Board", this board being
25 required by the Uniforn~ Housing Code.
26
27 Section 10, If any section, subsection, sentence, clause or phrase or word of this
28 ordinance is for any reason l~eld to be uni;onstitutional by a court of competent jurisdiction, such
29 decision shall not affect the validity of the remaining portions of this ordinance. The City Council
30 of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and
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Ord. 1976 NCS ~~ ~' ~~ ~
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each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional.
Section 11. The City Clerk is hereby directed to publish/post this ordinance for the period
and in the manner required by the City Charter.
INTRODUCED and ordered posted this 6th day of March , 1995.
ADOPTED this 20th day of March , 1995 by the following vote:
AYES: Shea, Maguire, Barlas, Stompe
NOES: None
ABSENT: Vice Mayor Read
ABSTAIN: Hamilton, Mayor Hilligoss
ATTEST:
~
ity Clerk
winword\ord
3/16/95 (fmk)
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Ord. 1976 NCS
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