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HomeMy WebLinkAbout2000-10-17; City Council; 15937; Municipal Code Amendments. CIT”” OF CARLSBAD - AGENm B,Lcp, *’ _. ~ / AB # /5;?57 ‘<---. I_ ,” TITLE: PUBLIC HEARING: MUNICIPAL CODE AMENDMENTS -?DEPT. HD. TO MTG. 10-17-00 UNIFORM CODES FOR BUILDING, MECHANICAL, CITY ATTY DEPT. CLK ELECTRICAL, AND PLUMBING CITY MGRi& RECOMMENDED ACTION: TO hold a public hearing and adopt Ordinance No. NS-559, amending the Carlsbad Municipal Code, Chapters 18.04 (Building Code), 18.08 (Mechanical Code), 18.12 (Electrical Code) and 18.16 (Plumbing Code) by adding Sections 18.043 15, 18.08040, 18.12.227, and 18.16.125, respectively, to allow for the recording of Certificates of Compliance and Certificates of Noncompliance with the County Recorder. ITEM EXPLANATION: Carlsbad Municipal Code Chapter 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 Carlsbad Municipal Code) 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 Carlsbad Municipal Code, 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. Agenda Bill No. 15. Page 2 I 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, on September 26, 2000, the Carlsbad City Council scheduled a public hearing for October 17,200O. FISCAL IMPACT: See Agenda Bill No. 15,914 on file with the City Clerk. ENVIRONMENTAL REVIEW: See Agenda Bill No. 15,914 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-559 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, Certificates of Compliance and Certificates of Noncompliance. 2. Sample Certificate of Noncompliance. 3. Sample Certificate of Compliance. 1 2 3 4 5 6 7 6 9 10 11 12 2 3 mum Yr z pg 13 wjf; 14 ;ga' p2g 15 I&$$ 0 8$&- 16 OS$ != ag!!J q=j l7 u 16 19 20 21 22 23 24 25 26 27 26 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 6 9 10 11 16 19 20 21 22 23 24 25 26 27 26 - 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 rt 1 2 3 4 5 6 7 8 9 10 11 12 2 s mum (jr7 988" 13 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: “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 pemits 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. Within ten days from the date of giving of notice, the owner or person in coniol 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 0 9 10 11 12 2 gi Wgk!^ d&i 13 a08 18 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: “I 8.16.225. 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 d P 4 1 z 2 4 K b a 7 a 9 10 11 12 9 % mwo, '327 13 98 iz 18 19 20 21 22 23 24 25 26 27 20 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, Nyqaard and Kulchin NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: (SEAL) Ordinance No. NS-559 page 5 of 5 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, C 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 ) ):SS COUNTY OF SAN DIEGO 1 On before me, public, personally appeared 9 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 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 9 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 - DESCRIPTION: To consider amending the Carlsbad Municipal Code, 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 of Certificates of Noncompliance and Certificates of Compliance with the San Diego County Recorder. A public hearing on the above proposal will be held by the Carlsbad City Council, in the Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, on October 17, 2000, at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The proposal will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after October 13, 2000. If you have any questions or would like to be notified of the decision, please contact Janice Breitenfeld at the City of Carlsbad City Clerk’s Office, Monday through Friday 8:00 a.m. to 5:00 p.m. at 1200 Carlsbad Village Drive, Carlsbad, California 92008 (760) 434-2808. APPEALS If you challenge these amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing describe in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. CASE NAME: MUNICIPAL CODE AMENDMENTS REGARDING UNIFORM CODES PUBLISH: OCTOBER 4,200O PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 4, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Marcos , California this 4th day October, 2000 /I A This space is for the County Clerk’s Filing Stamp i! i : ~?TlQZMlO “,.‘, Proof of Publication of Notice of Public Hearing NOTICE OF. : . PUBLlC+iEARING DESCRIPTION: To consider amending the C&Mad Municipal Code, Chaptek 18.04 (Building Code), 18.08 (Mechanical Code) 18.12 (Electrical Code), and 18.16 (Plumbing Code) by adding Sections 18.04.315, 18.08640, 18.12.227, and 18.16.125, respectively, to allow for the recording of Certiffcatas oi No;;ortrpliance and Certfficates of Compliance wrth fhe San Drego Count) ,. A pubfic hearing on. the above pr,,psaf @if be held by the’ CarlSbad ti Council in the Council Chambers at 1200 Carkbad Village Driver, Carlsbad Calffo&on Dctober 17,2000, at 6:oO p.m. 2 Persons are cordiily invited to attend tip&id ‘hea&g’&ld provide ttW decision makers with any oral or written comments they mW have regardhtl the project. The proposal will be described and a staff fWm~ndati~ glverl followed by public testimony, questions and a.decision. Copies of the stal report will be available on or after October 13,200O. If you have any questions or would ill to ‘be notified of the decision, pleas contact Janice Breftenfeld at the Chy of Cartsbad City Clerk’s Dffice, Monda through Friday 8:OO a.m. to 5:OO p.m. at 12ODCarlsbad Village Drive,Carlsbad California 92008 (760)434-2806. ,. ,. APPEALS ,, ,.,I.,, ,) I’, -/ If you challenge these amendments io court, you may be 8mfWfto r’aisfrrg bn? those issues you or someone else,raiser,at,the public hearfng de%rW in thl! notice, or in written correspondence dellvered to the Cii of Carlsbad prior b the public hearing. (,, . . EG: NAME: MUNlClPAL C&5 AhIE&&lTS. dEGARdfN&JNlP~ ” t / .a . ‘!,... . Legal 68298: October 4,2tfOO * ,! .’ ... NORTH COUNTY TIMES Legal Advertising