HomeMy WebLinkAbout2000-10-17; City Council; NS-559; CMC 18 adds/amends - Certificates of Noncompliance code amends...1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. Ns-559
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING, CHAPTERS 18.04 (BUILDING CODE), 18.08
(MECHANICAL CODE), 18.12 (ELECTRICAL CODE), AND 18.16
(PLUMBING CODE) BY ADDING SECTIONS 18.04.315, 18.08.040,
18.12.227 AND 18.16.125, RESPECTIVELY, TO ALLOW FOR THE
RECORDING, WITH THE COUNTY RECORDER, OF CERTIFICATES OF
NONCOMPLIANCE AND CERTIFICATES OF COMPLIANCE.
The City Council of the City of Carlsbad, California does
ordain as follows:
WHEREAS, Chapters 18.04, 18.08, 18.12 and 18.16 of the Carlsbad
Municipal Code adopts, by reference, the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Electrical Code and the Uniform Plumbing Code
respectively; and
WHEREAS, there exists, from time to time, in the City of Carlsbad
property owners who violate sections of the Carlsbad Municipal Code by failure to
obtain the proper permits, to request the required inspections, and/or to complete the
required corrections pursuant to Chapters 18.04, 18.08, 18.12 and 18.16; and
WHEREAS, pursuant to the police powers granted it under Article XI,
section 7 of the California Constitution, and after a duly noticed public hearing, the City
Council of the City of Carlsbad desires to supplement existing enforcement options so
as to gain compliance with the Carlsbad Municipal Code; and
WHEREAS, one such additional enforcement option is the Certificates of
Noncompliance/ Notice of Violation which are currently utilized in the neighboring cities
of Oceanside and Encinitas; and
WHEREAS, with the Certificate of Noncompliance the City Council seeks
to protect the health, safety and welfare of the Citizens of Carlsbad; place potential
Ordinance No. ~-559 page 1 of 5
a
9
10
11
12 2 8 mwm 327 98, 8 13
18
19
20
21
22
23
24
property purchasers on notice of the violations; and, encourage greater compliance with 1
2 the Carlsbad Municipal Code; and
3 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
4 Carlsbad, California, as follows:
5 SECTION 1. That the above recitations are true and correct.
6 SECTION 2: That Chapter 18.04 (Building Code) of the Carlsbad
7
8 Municipal Code is amended by the addition the following section:
25
26
27
28
“18.04.315. Certificate of Noncomnliance
a. If the Building Official determines there is a violation of this chapter,
it may result in the Building Official filing, in the Office of the County Recorder, a
Certificate of Noncompliance. Said certificate shall describe the property, certify
noncompliance, and state that the owner or person in control of the property has been
so notified. If a Certificate of Noncompliance is filed, and where the permit, inspection,
and/or approval required is obtained, the Building Official shall provide to the property
owner a Certificate of Compliance to file with the County Recorder certifying
compliance. Until a Certificate of Compliance has been filed, all applications for grading
permits, use permits, major and minor subdivisions, rezones, specific plans, specific
plan amendments, general plan amendments, discretionary approvals and building
permits may be denied.
b. When the Building Official or the authorized representative thereof
determines that compliance to this chapter is not had, they shall provide written notice,
by certified mail return receipt requested, to the owner or person in control of the
property. Said notice shall contain: (1) a description of the property; (2) the condition or
condition that has caused the noncompliance; (3) a reasonable time limit to bring the
property into compliance; (4) the potential to record a Certificate of Noncompliance; and
(5) the right to appeal.
C. Within ten days from the date of giving of notice, the owner or
person in control of the property may file an appeal of the finding of noncompliance to
the City Council. Such appeal shall be in writing and shall identify the property subject
to the Certificate of Noncompliance. The City Council must hear the appeal within sixty
days from the filing of the appeal or at such later date as may be agreed to by the
appellant. Notice of the hearing date shall be given in writing. The hearing date shall be
no sooner than five days from the date when notice of the hearing is given to the
appellant and to the Building Official. The decision of the City Council is final.”
Ordinance No. NS-559 page 2 of 5
1
2
3
4
5
6
7
8
9
10
11
18
19
20
21
22
23
24
25
26
27
28
SECTION 3: That Chapter 18.08 (Mechanical Building) of the Carlsbad
Municipal Code is amended by the addition of the following section:
“I 8.08.040. Certificate of Noncomoliance
a. If the Building Official determines there is a violation of this chapter,
it may result in the Building Official filing, in the Office of the County Recorder, a
Certificate of Noncompliance. Said certificate shall describe the property, certify
noncompliance, and state that the owner or person in control of the property has been
so notified. If a Certificate of Noncompliance is filed, and where the permit, inspection,
and/or approval required is obtained, the Building Official shall file a Certificate of
Compliance with the County Recorder certifying compliance. Until a Certificate of
Compliance has been filed, all applications for grading permits, use permits, major and
minor subdivisions, rezones, specific plans, specific plan amendments, general plan
amendments, discretionary approvals and building permits may be denied.
b. When the Building Official or the authorized representative thereof
determines that compliance to this chapter is not had, they shall provide written notice,
by certified mail return receipt requested, to the owner or person in control of the
property. Said notice shall contain: (I) a description of the property; (2) the condition or
condition that has caused the noncompliance; (3) a reasonable time limit to bring the
property into compliance; (4) the potential to record a Certificate of Noncompliance; and
(5) the right to appeal.
C. Within ten days from the date of giving of notice, the owner or
person in control of the property may file an appeal of the finding of noncompliance to
the City Council. Such appeal shall be in writing and shall identify the property subject
to the Certificate of Noncompliance. The City Council must hear the appeal within sixty
days from the filing of the appeal or at such later date as may be agreed to by the
appellant. Notice of the hearing date shall be given in writing. The hearing date shall be
no sooner than five days from the date when notice of the hearing is given to the
appellant and to the Building Official. The decision of the City Council is final.”
SECTION 4: That Chapter 18.12 (Electrical Code) of the Carlsbad
Municipal Code is amended by the addition of the following section:
“18.12.227. Certificate of Noncompliance
a. If the Building Official determines there is a violation of this chapter,
it may result in the Building Official filing, in the Office of the County Recorder, a
Certificate of Noncompliance. Said certificate shall describe the property, certify
noncompliance, and state that the owner or person in control of the property has been
so notified. If a Certificate of Noncompliance is filed, and where the permit, inspection,
and/or approval required is obtained, the Building Official shall file a Certificate of
Compliance with the County Recorder certifying compliance. Until a Certificate of
Compliance has been filed, all applications for grading permits, use permits, major and
minor subdivisions, rezones, specific plans, specific plan amendments, general plan
amendments, discretionary approvals and building permits may be denied.
Ordinance No. Ns-559 page 3 of 5 ,
1
2
3
4
5
6
7
a
9
10
11
12 2 3 mum yr-; %X0 8 13
owg 2835 14
;gge none 15 2;s: $#zx 16
05s E a$$2 g-3 l7 E
18
19
20
21
22
23
24
25
26
27
28
h
b. When the Building Official or the authorized representative thereof
determines that compliance to this chapter is not had, they shall provide written notice,
by certified mail return receipt requested, to the owner or person in control of the
property. Said notice shall contain: (1) a description of the property; (2) the condition or
condition that has caused the noncompliance; (3) a reasonable time limit to bring the
property into compliance; (4) the potential to record a Certificate of Noncompliance; and
(5) the right to appeal.
C. Within ten days from the date of giving of notice, the owner or
person in control of the property may file an appeal of the finding of noncompliance to
the City Council. Such appeal shall be in writing and shall identify the property subject
to the Certificate of Noncompliance. The City Council must hear the appeal within sixty
days from the filing of the appeal or at such later date as may be agreed to by the
appellant. Notice of the hearing date shall be given in writing. The hearing date shall be
no sooner than five days from the date when notice of the hearing is given to the
appellant and to the Building Official. The decision of the City Council is final.”
SECTION 5: That Chapter 18.16 (Plumbing Code) of the Carlsbad
Municipal Code is amended by the addition of the following section:
“18.16.225. Certificate of Noncompliance
a. If the Building Official determines there is a violation of this chapter,
it may result in the Building Official filing, in the Office of the County Recorder, a
Certificate of Noncompliance. Said certificate shall describe the property, certify
noncompliance, and state that the owner or person in control of the property has been
so notified. If a Certificate of Noncompliance is filed, and where the permit, inspection,
and/or approval required is obtained, the Building Official shall file a Certificate of
Compliance with the County Recorder certifying compliance. Until a Certificate of
Compliance has been filed, all applications for grading permits, use permits, major and
minor subdivisions, rezones, specific plans, specific plan amendments, general plan
amendments, discretionary approvals and building permits may be denied.
b. When the Building Official or the authorized representative thereof
determines that compliance’to this chapter is not had, they shall provide written notice,
by certified mail return receipt requested, to the owner or person in control of the
property. Said notice shall contain: (1) a description of the property; (2) the condition or
condition that has caused the noncompliance; (3) a reasonable time limit to bring the
property into compliance; (4) the potential to record a Certificate of Noncompliance; and
(5) the right to appeal.
C. Within ten days from the date of giving of notice, the owner or
person in control of the property may file an appeal of the finding of noncompliance to
the City Council. Such appeal shall be in writing and shall identify the property subject
to the Certificate of Noncompliance. The City Council must hear the appeal within sixty
days from the filing of the appeal or at such later date as may be agreed to by the
appellant. Notice of the hearing date shall be given in writing. The hearing date shall be
no sooner than five days from the date when notice of the hearing is given to the
appellant and to the Building Official. The decision of the City Council is final. “
Ordinance No. Ns-559 page 4 of 5
1
2
3
4
5
6
7
0
9
10
11
12
18
19
20
21
22
23
24
25
26
27
28
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 26th day Of September ,2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 17th day of October , 2000, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
Ordinance No. Ns-559 page 5 of 5