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HomeMy WebLinkAboutNS-1596EJC:adg 8/6/81 ORDINANCE NO. NS-1596 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING DIVISION 4 TO ARTICLE IV OF CHAPTER 2 ESTABLISHING A UNIFORM CODE APPEALS BOARD; ADDING SECTIONS 8-90.1, 8-392, 8-557, 8-1162, 14-2, AND AMENDING SECTIONS 8-206 AND 8-1904 THERETO, RE- LATING TO APPEALS TO BE HEARD BY SAID UNIFORM CODE APPEALS BOARD THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Ana Municipal Code, is hereby amended by adding a division, to be numbered 4, to Article IV of Chapter 2, which said division reads as follows: Division 4. UNIFORM CODE APPEALS BOARD Sec. 2-450. Establishment of Uniform Code Appeals Board There is created a uniform code appeals board of the City of Santa Ana, having such powers as set forth in this Code. The said board shall consist of seven (7) members, at least five (5) of which members shall be qualified by experience and training to pass upon matters pertaining to building construction. Members shall be subject to appointment and removal and shall serve terms in accordance with Section 901 of the Charter of the City of Santa Aha. The said board may adopt procedural rules for conducting its hearings. SECTION 2. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 8- 90.1, which said section reads as follows: Sec. 8-90.1 Board of Appeals (Section 204) Section 204 of the Building Code is amended to read as follows: The uniform code appeals board shall have the power and be required to hear appeals regarding determination of the suitability of alternate materials and methods of construction, and to provide for reasonable interpretation of the Building Code in the event of a dispute. SECTION 3. That section 8-206 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 8-206. Appeals The uniform code appeals board shall have the power and be required to hear appeals regarding determination of the suitability of alternate materials and methods of construction, and to provide for reasonable interpretation of the provisions of this division in the event of a dispute. ORDINANCE NO. NS-1596 PAGE TWO SECTION 4. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 8-392, which said section reads as follows: Sec. 8-392. Board of Appeals (Section 20.14) Section 20.14 of the Uniform Plumbing Code is amended to read as follows: The uniform code appeals board shall have the power and be required to hear appeals from actions of the administrative authority. The appellant shall cause to be made at his own expense any tests or research required by the board to substantiate his claims. SECTION 5. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 8-557, which said section reads as follows: Sec. 8-557. Board of Appeals Section 203 of the Uniform Mechanical Code is amended to read as follows: The uniform code appeals board shall have the power and be required to hear appeals regarding determination of the suitability of alternate materials and methods of in- stallation, and to provide for reasonable interpretation of the Mechanical Code in the event of a dispute. SECTION 6. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 8- 1162, which said section reads as follows: Sec. 8-1162. Appeals Board (Section 203). Section 203 of the Uniform Housing Code is amended to read as follows: The uniform code appeals board shall have the power and be required to provide final inter- pretation of the provisions of the Housing Code, and to hear appeals provided for hereunder. Any reference in the Uniform Housing Code to the "Housing Advisory and Appeals Board" shall be deemed to mean the uniform code appeals board. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of the Uniform Housing Code. SECTION 7. That section 8-1904 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 8-1904. Board of Appeals Section 205 of the Uniform Dangerous Building Code is amended to read as follows: The uniform code appeals board shall have the power and be required to provide final interpretation of the provisions of the Dangerous Building Code, and to hear appeals ORDINANCE NO. NS- 1596 PAGE THREE provided for hereunder. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. SECTION 8. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 14-2, which said section reads as follows: Sec. 14-2. Board of Appeals (Section 1.215) Section 1.215 of the Uniform Fire Code is amended to read as follows: The uniform code appeals board shall have the power and be required to hear appeals regarding determination of the suitability of alternate materials and type of con- struction, and to provide for reasonable interpretation of the provisions of the Fire Code in the event of a dispute. SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 10. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations hereunder appertaining shall continue in full force and effect. ADOPTED this 8th day of September , 1981, by the following vote: AYES: NOES: COUNCILMEMBERS: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato COUNC ILMEMBERS: Markel ABSENT: COUNCILMEMBERS: None · MAYOR CLERK O~J~HE COUNCIL APPROVED AS TO FORM: EDWARD J. C~OPER~ CITY ATTORNEY