HomeMy WebLinkAbout1982-12-07; City Council; 7226; Handicapped access requirements appeals board- _-
CIT. OF CARLSBAD - AGENDk BILL
7d3 AB#
MTG. 12/7/82
DEPT. BLD
1 0
DEPT. HDmYE3 APPEALS BOARD FOR HANDICAPPED ACCESS REQUI RENENTS CITY AlTY
CITY MOR.-
Q E w z5 0 u
RECOMMENDED ACTION:
Introduce Ordinance No. (P/fi 0
ITEM EXPLANATION:
State mandated handicapped regulations became effective on July 1, 1982. Building department is the enforcement agency for these regulations.
The Director of Building and Planning will occasionally be faced with complex problems in interpreting and enforcing the provisions of these regulations.
Infrequent appeals of our interpretations will be made and the applicant should be afforded the opportunity to have these appeals heard before an impartial board.
The
The regulations provide that either City Council or a separate board can act on appeals to these regulations. must be made up of two physically handicapped persons, two members experienced in constuction and one public member.
However, if a separate board is appointed, it
FISCAL IMPACT:
There will be minimum staff time involved in preparing and processing these appeals.
1
2
3
4
5
6
7
8
9
10
11
12 2
19
20
21
22
23
24
25
26
27
. 28
. ORDINANCE NO. 8100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 18, CHAPTER 18.36
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 18.36.010 AND THE ADDITION OF SECTION 18.36.080
TO ESTABLISH THE CITY COUNCIL AS THE APPEALS BOARD FOR
MATTERS PERTAINING TO HANDICAPPED ACCESS REQUIREMENTS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1 : ThHt Title 18, 'Chapter 18.36, Section
18.36.010 of the Carlsbad Municipal Code is amended by the
addition of subsection (e) to read as follows:
(e) The Advisory and Appeals Board created by this chapter shall not be construed to be the local appeals
board referred to in California Health and Safety Code Section
19957.5 and shall not be authorized to hear appeals specified by
that section.
SECTION 2: That Title 18, Chapter 18.36 of the
Carlsbad Municipal Code is amended by the addition of Section
18.36.080 to read as follows:
18.36.080 Appeal - To Council - Accommodations for
physically handicapped persons.
challenging an action or decision by the Director of Building and
Planning in enforcing California Health and Safety Code Sections
19955 through 19959.
filed with the City Clerk within.ten days of the date of the
decision which is the subject of the appeal.
appeal within thirty days after it has been filed with the City
Clerk. Procedure for the appeal shall be that established by
Section 18.36.060; The decision of the City Council shall be
final.
(a) The City Council shall hear all appeals
(b) An appeal shall be made in writing and
(c) The City Council shall consider the
///
. ///
///
a
5
6
7
0
9
10
11
12 9
19
20
21
22
23
24
25
. 26
27
2%
L
L
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion .
INTRODUCED AND FIRST READ at a regular meeting of the
I Carlsbad City Council held on. the 7th day of E&
1982, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2lst day of December 1982, by
the following vote to wit:
AYES : Council Msbers Casler, -is, Kulchin, Wck and Prescott
NOES: None
ABSENT: None
%- d @L-
MARY H.dCASLER, Mayor
ATTEST :
(SEAL)
1
2. 9
-
DEVELOPMENTAL SERVl CES
BUILDING DEPARTMENT
NOTICE AND ORDER
-- -6
1200 ELM AVENUE
CARLSBAD. CALIFORNIA 92008-1989
(619) 438-5525
April 25, 1983
Sarah W. Stout c/o Mack Stout 909 "D" S. Hill Street Oceanside, Ca. 92054
I
31 91 MADISON STREET, ASSESSOR'S PARCEL NO. 204-084-08
. Dear Ms. Stout:
The building at 3191 Madison Street has recently been vacated due to causes of fire.
Due to extensive fire damage, this department deems the building not fit for human occupancy.
This Department hereby requests your immediate cooperation to demolish these buildings. Please obtain a demolition permit and complete demolition of all structures on the property within thirty (30) days.
This letter will constitute final notice unless any person having record title or legal interest in the premises files an appeal from this action in writing provided the appeal is made within thirty (30) days and in the manner prescribed by law. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
The premises now constitutes an attractive nuisance to children and a
. harbor for vagrants.
If the required demolition work is not completed within the time specified, the matter will be turned over to the City Attorney's office for prosecution.
TM:g
cc:
If you have any questions, or if further clarification is necessary, please contact this department.
City Attorney ACM/DS City Clerk J
e.
Page 2
April 25, 1983
3191 MADISON STREET
The following items shall be completed prior to approval of building occupancy:
1. A complete concrete foundation shall be placed beneath entire perimeter.
2. All sanitation facilities shall be provided as per Uniform Building Code, state of California.
3. All electric systems throughout building shall be upgraded.
4. Complete heatlng facilities to be installed.
5. All rooms shall meet minimum standards for lights and ventilation as per Uniform Building Code, state of California.
6. All windows shall be fully screened.
7. Any dry rot or termite infested structural wood members shall be removed and rep1 aced.
8. Remove and replace all potable water piping with copper tubing throughout.
9. Install and test all new gas lines.
! 10. Clean entire yard of debri and rubbish.
11. Submit plans for approval of renovation to this department.
-. L
*- 'a
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
AFFIDAVIT OF POSTING OF NOTICE AND ORDER
Martin Orenyak, being duly sworn, deposes and says:
That he is over twenty-one years of age and is the Director of Building
and Planning of the City of Carlsbad; that as such Director he caused to
be posted conspicuously at 31 91 Hadi son Street
. .. .
and mailed by Certified Mail to the owner of the building, a Notice and
Order, and that said notice hereto'attached is an exact copy in words,
figures and size of type of the notice so posted and mailed, and that
. .. ...
the posting was completed on April 25, 1983 .
Building and Planni%g of the City of Carl sbad , Cal ifornia
Subscribed and sworn to before me this 1 day of /Z.L ¶
Public 2 and for the County-- Diego, State of California
1983.
- .. ." - ,.I.._ , . ,.... .. . . _.__ .,, -,_ .. . - - - - . ~ . I , . . , . ,. , . . . ,. . . . .,..- ..,' _." . . .. -, __-. - .
~~~