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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. / 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. 1 2 3 4 5 6 7 a 9 10 11 12 2 8 mWUJ yz7 98Ig 13 la 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 a 9 10 11 12 2 g $2" J- 5 %iQ 13 la 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 a 9 10 11 12 la 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: “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 Lt 1 2 3 4 5 6 7 a 9 10 11 12 la 19 20 21 22 23 24 25 26 27 28 _- 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 1 2 3 4 5 6 7 a 9 10 11 12 2 3. *wm 32-7 %8gi 13 la 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 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