HomeMy WebLinkAbout2011-04-05; City Council; CS-128; AMENDING THE MECHANICAL CODE...EXHIBIT 3
1 ORDINANCE NO. CS-128
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
3 CODE TITLE 18, CHAPTER 18.08, MECHANICAL CODE TO
ADOPT THE 2010 EDITION OF THE CALIFORNIA
4 MECHANICAL CODE.
5 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2010
6 Edition of the California Mechanical Code is in the best interest of the public and promotes the
7 health, safety and welfare of its citizens.
8 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
9 follows:
10 SECTION 1: That Title 18, Chapter 18.08 of the Carlsbad Municipal Code, is amended
11 to read as follows:
12 Chapter 18.08
MECHANICAL CODE13
Sections:
18.08.010 Adoption.
15 18.08.020 Building Official designated.
18.08.030 Violations.16 18.08.040 Certificate of noncompliance.
18.08.050 Permit Fees.
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18.08.010 Adoption.
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The California Mechanical Code 2010 Edition, copyrighted by the International Association of
19 Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City
of Carlsbad.
20
18.08.020 Building Official designated.
21
The building official or authorized representative of the city is designated as the person who
22 shall enforce all of the provisions of the California Mechanical Codes as amended.
23 18.08.030 Violations.
24 Any person or corporation who violates any of the provisions of this chapter is guilty of an
infraction, except for the fourth and each additional violation of a provision within one year,
25 which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in
Section 1.08.010 of this code.
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1 18.08.040 Certificate of noncompliance.
2 1. 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.
3 Such 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
4 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.
5 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,
6 general plan amendments, discretionary approvals and building permits may be denied.
7 2. 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
8 return receipt requested, to the owner or person in control of the property. Such notice shall
contain: (1) a description of the property; (2) the condition or condition that has caused the
9 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.
10
3. Within ten days from the date of giving of notice, the owner or person in control of the
11 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.
12 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
13 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
14 city council is final.
15 18.08.050 Permit fees.
16 The fees for each permit shall be as set forth in the city's master fee schedule or by a resolution
17 of the City Council.
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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
22nd day of March 2011, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
TTEST:
M. WOOD, City Clerfc
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-128
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-128 is to be considered
at the City Council Meeting to be held on the 5th day of, 2011.
2.) That a certified copy of the full text of Ordinance No. CS-128
was posted in the City Clerk's Office on the 1st day of April
2011.
3.) That a summary of the Ordinance was published in the North
County Times, on the 2nd day of April 2011.
FREISI ER, Senior Deputy Clerk
Certification of Posting and Publication of Ordinance
Page 2
4.) That Ordinance No. CS- 128 was adopted on the 5th day of
April 2011.
5.) That a certified copy of the full text of Ordinance No. CS- 128 ,
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 12th day
of April 2011.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 15th day of April 2011.
Dated: -4-
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