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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. ORDBLDG Page 2 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 ORDBLDG Page 3 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