HomeMy WebLinkAbout2000-09-26; City Council; 15914; Municipal Code Changes To Chapter 18‘.
AB# &;?/1-I TITLE MUNICIPAL CODE AMENDMENT, CHAPTERS 18.04 DEPT. HD.
(BUILDING CODE), 18.08 (MECHANICAL CODE), 18.12
MTG. 4 - db-&? (ELECTRICAL CODE), AND 18.16 (PLUMBING CODE) TO CITY ATTY.
ALLOW FOR THE RECORDING, WITH THE COUNTY
DEPT. CA RECORDER, OF CERTIFICATES OF NONCOMPLIANCE;
ORDINANCE INTRODUCTION; SET PUBLIC HEARING
CITY MGR. ?%
RECOMMENDED ACTION:
Introduce Ordinance No. ~5~~ to amend, 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.
ITEM EXPLANATION:
Carlsbad Municipal Code (CMC) Chapters 18.04, 18.08, 18.12 and 18.16 adopt, by reference,
the Uniform Building Code, the Uniform Mechanical Code, the Uniform Electrical Code and the
Uniform Plumbing Code, respectively. From time to time property owners will violate sections
of these uniform codes (and therefore the CMC) by failing to obtain proper permits, request
required inspections, or complete required corrections. Currently, City Code Enforcement
personnel have several options with which to encourage compliance including criminal
citations, civil injunctions and/or administrative abatements. The proposed Certificate of
Noncompliance provides enforcement personnel with an additional option with which to gain
compliance.
Based upon the police powers granted the City pursuant to Article XI, section 7 of the
California Constitution as well as existing programs in the cities of Oceanside and Encinitas,
the Carlsbad ordinance first ensures that notice is given to the property owner of his or her
failure to comply with one or more of the ‘uniform codes. The property owner is provided time
to correct the violation and is further informed that failure to do so may result in the recording
of a Certificate of Noncompliance. In addition, the property owner is given the opportunity to
appeal the notice to the City Council.
Failure to appeal the notice or a denial of the appeal enables the Building Official to record,
with the County Recorder, a Certificate of Noncompliance. The Certificate of Noncompliance
describes the property, certifies noncompliance with the CMC, and states that the owner has
been so notified. If a Certificate of Noncompliance is filed, and when the permit, inspection,
and/or approval required is obtained, the Building Official then files with the County Recorder a
Certificate of 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.
When adopting or amending portions of certain Uniform Codes, including the Building,
Mechanical, Electrical and Plumbing Codes, state law requires that a public hearing be held
on the proposed ordinance. While this proposed ordinance does not adopt or amend any of
the Uniform Codes it does impact violators of the respective Uniform Codes. Therefore, to
provide interested persons with the opportunity to comment on the proposed ordinance, the
City Council is asked to schedule a public hearing for OCTOBER 17 ,200o.
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Agenda Bill No. 15 iq 1 L\
Page 2
FISCAL IMPACT
As a public entity, Carlsbad is exempt from recording fees. There is no direct fiscal impact
associated with the introduction or adoption of this Ordinance.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, this
amendment does not constitute a “project” within the meaning of CEQA and, therefore, does
not require environmental review.
EXHIBITS
1. Ordinance No. )3s-S.5? to amend, Chapters 18.04 (Building Code), 18.08
(Mechanical Code), 18.12 (Electrical Code), and 18.16 (Plumbing Code) to allow for the
recording, with the County Recorder, of Certificates of Noncompliance.
2. Sample Certificate of Noncompliance.
3. Sample Certificate of Compliance.
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ORDINANCE NO. Ns-55s
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. Ns-559 page 1 of 5
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property purchasers on notice of the violations; and, encourage greater compliance with
the Carlsbad Municipal Code; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Carlsbad, California, as follows:
SECTION 1. That the above recitations are true and correct.
SECTION 2: That Chapter 18.04 (Building Code) of the Carlsbad
Municipal Code is amended by the addition the following section:
“18.04.315. 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 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-55s page 2 of 5
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SECTION 3: That Chapter 18.08 (Mechanical Building) of the Carlsbad
Municipal Code is amended by the addition of the following section:
“18.08.040. 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.”
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
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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.
Within ten days from the date of giving of notice, the owner or
person in con:rol 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 J
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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 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 day of 8 2000, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS-559 page 5 of 5
RECORDING REQUESTED BY:
Building Department
CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space above this line for Recorder’s use.
CERTIFICATE OF NONCOMPLIANCE
Assessor’s Parcel Number
Street Address
Owner of Record
Affected Financial Institution (if applicable)
Date
Pursuant to Section of the Carlsbad Municipal Code, the City of
Carlsbad hereby gives notice, as public record, that the above identified real
property within the City of Carlsbad, and more specifically described as
PROPERTY DESCRIPTION
is not in compliance with the provisions of the Carlsbad Municipal Code. A
violation of the Uniform Building Code section as incorporated into the
Carlsbad Municipal Code exists on the property. Specifically, the owner of
record is .
The owner has been notified thereof, and this notice shall remain on record until
all necessary corrections have been made and the property is in compliance with
the Code sections related to the violations cited. Until a Certificate of
Compliance is recorded by the Building Official of the City of Carlsbad, 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.
Building Official, City of Carlsbad
STATE OF CALIFORNIA 1 ):SS
COUNTY OF SAN DIEGO >
On before me,
public, personally appeared , notary
personally known to me or proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
4
RECORDING REQUESTED BY:
Department of Public Works
CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space above this line for Recorder’s use.
CERTIFICATION OF COMPLIANCE
Assessor’s Parcel Number
Street Address
Owner of Record
Date
Pursuant to Section of the Carlsbad Municipal Code, the City of Carlsbad is
issuing this Certification of Compliance regarding the above-identified property,
more specifically described as
PROPERTY DESCRIPTION
This Certification of Compliance serves to cancel the previously recorded
Certificate of Noncompliance, Document No. Recorded on and
certifies that all violations stated within that document have been corrected.
Building Official, City of Carlsbad
STATE OF CALIFORNIA 1 ):SS
COUNTY OF SAN DIEGO )
On before me,
public, personally appeared , notary
personally known to me or proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY