HomeMy WebLinkAboutNS-2238 - Adding Sections to Authorize the Planning Commission to Hear Appeals from Building Official Decisions and to Abolish the Uniform Code Appeals Board393
ORDINANCE NO. NS-2238
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 2-359 TO THE SANTA ANA
MUNICIPAL CODE, REPEALING SECTIONS 2-
450, AND AMENDING SECTION 8-4, TO AUTHO-
RIZE THE PLANNING COMMISSION TO HEAR
APPEALS FROM BUILDING OFFICIAL DECISIONS
AND TO ABOLISH THE UNIFORM CODE APPEALS
BOARD
THE CITY COUNCIL OF THE
FOLLOWS:
CITY OF SANTA ANA DOES ORDAIN AS
Ana Municipal Code is hereby
be numbered 2-359, which said
SECTION 1: That the Santa
amended by adding a section, to
section reads as follows:
Sec. 2-359. APPeals from decisions of the building official.
The planning commission shall also hear appeals from the
decisions of the building official in accordance with section 8-4
of this code.
SECTION 2: That Division 4 of Article 4 of Chapter 2 and
section 2-450 of the Santa Ana Municipal Code are hereby repealed.
CT~: That section 8-4 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 8-4. Appeals from decisions of the building official.
The planning commission shall have the power and be required
to hear appeals regarding the suitability of alternate materials
and methods of construction and to provide for reasonable interpre-
tation of the various codes included in this chapter; provided,
however, the planning commission shall have no authority to
interpret the administration or procedural provisions of such codes
nor to waive the requirements of such codes. The building official
shall be entitled to attend all hearings of the planning commission
held pursuant to this section and to present such evidence and
argument as he or she deems appropriate with regard to any matter
heard by the planning commission pursuant to this section.
SECTION 4: The Uniform Code Appeals Board is abolished.
SECTION ~: 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
395
ORDINANCE NS-2238
PAGE 2
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 6: 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 thereunder appertaining shall continue in full force
and effect.
ADOPTED this 19th
ATTEST:
day of December , 1994__.
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
APPROVED AS TO FORM:
City Attorney
0
396
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
of Santa Ana on
with the Charter of the City of Santa Aha.
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
to be the original ordinance adopted by the City Council of the City
/~ -' ! ~'- ~f ; an,d that said ordinance was published in accordance
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