ORD 114 ORDINANCE NO. 114
AN ORDINANCE OF THE CITY OF LA QUINTA AMENDING
TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION",
AND ADOPTING, BY REFERENCE, VARIOUS 1985-87
EDITIONS OF UNIFORM CODES CONCERNING:
ADMINISTRATION; BUILDING; ELECTRICAL; PLUMBING;
MECHANICAL; SWIMMING POOL; SIGN CONSTRUCTION;
HOUSING; AND DANGEROUS BUILDINGS.
The City Council of the City of La Quinta, california does
ordain. as follows:
SECTION 1. ADOPTION OF THE 1985-87 EDITION OF VARIOUS UNIFORM
CODES. The following editions of the various uniform codes are
adopted by reference in place of their respective codes which are
currently in effect. Title 8 is hereby revised and the following
uniform codes are hereby adopted:
The Uniform Administrative Code, 1985 Edition, published by the
International Conference of Building Officials; the Uniform
Building Code, 1985 Edition, including certain specified
appendices and the Uniform Building Code Standards, published by
the International Conference of Building Officials; the National
Electric Code, 1987 Edition, published by the National Fire
Protection Association; the Uniform Plumbing Code, 1985 Edition,
including all appendices and the installation standards,
published by the International Association of Plumbing and
Mechanical Officials; the Uniform Mechanical Code, 1985 Edition,
published by the International Association of Plumbing and
Mechanical Officials; the Uniform Swimming Pool, Spa and Hot Tub
Code, 1985 Edition, published by the International Association
of Plumbing and Mechanical Officials; the Uniform Sign Code,
1985 Edition, published by the International Conference of
Building Officials; the Uniform Housing Code, 1985 Edition,
published by the International Conference of Building Officials,
and the Dangerous Building Code, 1985 Edition, published by the
International Conference of Building Officials.
SECTION 2. OTHER REVISIONS TO TITLE 8. Section 8.01.030 of
the La Quinta Municipal Code is amended to read as follows:
8.01.030 Establishment of Board of Appeals. In order to
conduct hearings to determine the suitability of alternate
materials and methods of installation, a Board of Appeals
is hereby established.
(1) Membership. The Board of Appeals shall consist
of five (5) members, one (1) of whom shall be a
general contractor, two (2) of whom shall be
structural engineers or architects, one (1) of
whom shall be a speciality contractor, all of whom
shall be qualified by experience and training, and
one (1) of whom shall be a member of the public
who is not one of the foregoing. Members of the
Board of Appeals shall be appointed by and serve
at the pleasure of the City Council. Each member
shall comply with applicable provisions of the
Political Reform Act of 1974, California
Government Section 81000, et seq. The Building
Official shall serve as Secretary to the Board of
Appeals.
(2) Appeal Procedure. Any person aggrieved by a
decision of the Planning and Development
Department related to any matter within the
purview of this Section shall have the right to
appeal the decision. The appeal shall be filed
with the Building Official within ten (10) days
after the rendering of the decision affecting the
aggrieved person. Grounds for the appeal shall be
set forth in writing.
The Secretary of the Board shall set the time and
place for a hearing on the appeal, and notice of
the hearing shall be given to the appellant by
mailing it to him, postage prepaid, at his last
known address, at least five (5) calendar days
prior to the date set for hearing.
The decision of the Board on the Appeal shall not
become final until ten (10) days after the Board
has made it's determination in order to allow time
for an appeal to be made to the Council from the
Board's decision.
Section 8.09.040(b) of the La Quinta Municipal Code is amended to
read as follows:
8.09.040. Establishment of Board of Appeals. In order
to provide for the interpretation of the provisions of this
Chapter and to hear appeals provided for under this Chapter
other than those covered by Section 8.01.030, a Board of
Appeals is established. References to the "Housing
Advisory and Appeals Board" in the Uniform Housing Code
shall mean the Board of Appeals established pursuant to
this Section.
(a) Membership. The Board of Appeals shall consist
of the members of the City Council.
(b) Appeal Procedure. Procedures specified by
Section 8.01.030(B.) shall be followed except
where additional procedures are required by this
Chapter. The findings of the Board created by
this Section shall be final.
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Section 8.10.040 of the La Quinta Municipal Code is amended to read
as follows:
8.10.040. Appeals Board. In order to provide for
interpretation of the provisions of this Chapter and to
hear appeals provided for under this Chapter, the Board of
Appeals established pursuant to Section 8.09,040 shall
govern. Procedures specified by Section 8.01,030(B.) shall
be followed except where additional procedures are required
by this Chapter. The findings of the Board created by this
Section shall be final.
SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful
for any person, firm, or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, or demolish, equip, or
cause or permit the same to be done, contrary to or in violation of
any of the provisions of this Ordinance. Any person, firm, or
corporation violating, or failing to comply with, any of the
provisions of such Ordinance or Code shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provision of such Code is
committed, continued, or permitted, and upon conviction of any such
violation, such person shall be punishable by a fine of not more than
$500 or by imprisonment for not more than six months or by both such
fine and imprisonment. The application of the penalty provided in
this Section shall not be held to prevent the abatement of prohibited
conditions as a public nuisance as provided by Section 1.01,250 of
the La Quinta Municipal Code.
SECTION 4. VALIDITY. If any section, subsection, clause or
phrase of this Ordinance, or of any code adopted thereby is for any
reason held by a court of competent jurisdiction to be invalid, such
a decision shall not affect the validity of the remaining portions of
this Ordinance or of any code adopted thereby. The City Council
hereby declares that it would have passed this Ordinance and each
section or subsection, sentence, clause and phrase thereof, and of
each code adopted hereby irrespective of the clauses or phrases being
declared invalid.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after its adoption.
SECTION 6. POSTING. The City Clerk shall, within 15 days
after passage of this Ordinance, cause it to be posted in at least
three public places designated by resolution of the City Council;
shall certify to the adoption and posting of this Ordinance; and
shall cause this Ordinance and it's certification, together with
proof of posting, to be entered in the Book of Ordinances of this
City.
The foregoing Ordinance was introduced after reading of the
title, before the City Council of the City of La Quinta, california,
at a regular meeting of the City Council, and thereafter, following
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the public hearing pursuant to California Government Code Section
50022.3, the foregoing Ordinance was PASSED, APPROVED, and ADOPTED
at a regular meeting of said City Council held on the 20th day of
October, 1987, by the following vote:
AYES: Councilmen Bohnenberger, Cox, Pena, Sniff, Mayor Hoyle
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM R.
City of La Quinta, California
City of La Quinta, California
APPROVED AS TO FORM:
CIT~ ATTO~Y
APPROVED AS TO CONTENT:
CITY MANAGER
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing Ordinance to be a
full, true and correct copy of Ordinance No. 114 adopted by the
La Quinta City Council in a regular meeting held on the 20th
day of October, 1987, and that it was duly posted in at least
three public places as specified for such posting by the City
Council.
SAUND~Ci~
City of La Quinta, California