HomeMy WebLinkAboutORD 8 (1990)ORDINANCE NO. 8- (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING TITLE 26 (BUILDING
CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29
(MECHANICAL CODE) OF THE LOS ANGELES COUNTY
CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE
ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING
CODE, 1988 EDITION," THE "UNIFORM PLUMBING
CODE, 1988 EDITION," AND THE "UNIFORM
MECHANICAL CODE, 1988 EDITION," INCLUDING ALL
APPENDICES THERETO, WITH CERTAIN AMENDMENTS,
ADDITIONS .AND DELETIONS, INCLUDING FEES AND
PENALTIES.
A. Recitals.
(i) Article 2 of Chapter 1 of Part 1 of Division 1 of
Title 5 of the California Government Code (§§ 50022.2, et seq.)
authorizes the adoption by reference of County codes, including
the above -entitled codes of the County of Los Angeles.
(ii) A duly noticed public hearing, as required by
California Code § 50022.3, has been conducted and concluded prior
to the adoption of this Ordinance.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:•
SECTION �.. In all respects, as set forth in the
Recitals, Part A, of this Ordinance.
SECTION I. Building Code Adopted. There is hereby
-" adopted as the "City Building Code," the Uniform Building Code,
1988 Edition, known and designated as the Los Angeles County
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Building Code (Title 26 of the Los Angeles County Code),
including all appendices thereto and all changes made by the
County of Los Angeles, and such Code shall be and become the
Building Code of the City of Diamond Bar, regulating and
controlling the design, construction, quality of materials,
grading, use, occupancy, location and maintenance of all
buildings or structures and prescribing conditions under which
such work may be carried on within the City and providing for the
issuance of permits and the collection of fees therefor.
Los Angeles Ordinance No. 90-0045, amending Los Angeles
County Ordinance No. 87-0177 (Title 26 of the Los Angeles County
Code), as previously adopted by the City of Diamond Bar, is
hereby adopted in its entirety, subject to the amendments set
forth herein.
SECTION 2. Plumbing Code Adopted. There is hereby
adopted as the "City Plumbing Code," that certain Uniform
Plumbing Code known and designated as the Los Angeles County
Plumbing Code (Title 28 of the Los Angeles County Code),
including all appendices thereto and all changes made by said
County of Los Angeles, and such Code shall be and become the
Plumbing Code of the City'cf Diamond Bar, regulating plumbing and
drainage systems, house sewers, private sewage disposal systems
and prescribing conditions under which such work may be carried
on within the City and providing for the issuance of permits and
the collection of fees therefor.
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Los Angeles County Ordinance No. 90-0046, amending Los
Angeles County Ordinance No. 87-0178, as previously adopted by
the City of Diamond Bar, is hereby adopted in its entirety,
subject to the amendments set forth herein.
SECTION A. Mechanical Code Adopted. There is hereby
adopted as the "City Mechanical Code," that certain Uniform
Mechanical Code known and designated as the Los Angeles County
Mechanical Code (Title 29 of the Los Angeles County Code),
including all appendices thereto and all changes made by said
County of Los Angeles, and such Code shall be and become the
Mechanical Code of the City of Diamond Bar, regulating and
controlling the design, construction, installation, quality of
materials, operation and maintenance of heating, ventilating,
cooling, refrigeration systems, incinerators and other
miscellaneous heat -producing appliances and providing for the
issuance of permits and the collection of fees therefor.
Los Angeles Ordinance No. 90-0047, amending Los Angeles
County Ordinance No. 87-0179, as previously adopted by the City
of Diamond Bar, is hereby adopted in its entirety, subject to the
amendments set forth herein.
SECTIOOne copy of the Uniform Codes identified
herein, as adopted by Los Angeles County pursuant to Ordinance
Nos. 90-0045, 90-0046, and 90-0047 have been deposited in the
Office of the City Clerk of the City of Diamond Bar and shall be
at all times maintained by said Clerk for use and examination by
the public.
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SECTION g. Terms Defined. Whenever any of the
following names or terms are used in the Uniform Codes hereby
adopted, as previously adopted by reference by the County of Los
Angeles, each such name or term shall be deemed and construed to
have the meaning ascribed to it in this Section, as follows:
A. "Board of Supervisors" means the City Council of
the City of Diamond Bar;
B. "Board of Appeals" or "Board of Examiners" shall
mean the City Council of the City of Diamond Bar;
C. "Building Department" means the Building and
Safety Division of the City of Diamond Bar;
D. "Building Code," "Uniform Building Code" or "Los
Angeles County Building Code shall mean the Building Code of the
City of Diamond Bar;
E. "Building Official" shall be the person designated
by the City Council of the City of Diamond Bar as the building
official of the City.
F. "City" means the City of Diamond Bar;
G. "County" or "County of Los Angeles" or
"Unincorporated Area" means the City of Diamond Bar;
H. "County Engineer" means the City Engineer of the
City of Diamond Bar;
I. "Electrical Code" means the Electrical Code of the
City of Diamond Bar;
J. "Fire Code" or "Los Angeles County Fire Code"
means the Fire Protection Code of the City of Diamond Bar;
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K. "Fire Zone" means the fire zones created and
established by the City of Diamond Bar;
L. "General Fund:' means the City treasury;
M. "Health Code" or "Los Angeles County Health Code"
means the Health Code of the City of Diamond Bar;
N. "Health Officer" means the Health Officer of the
City of Diamond Bar;
O. "Mechanical Code," "Uniform Mechanical Code" or
"Los Angeles County Mechanical Code" shall mean the Mechanical
Code of the City of Diamond Bar.
P. "Plumbing Code," "Uniform Plumbing Code" or "Los
Angeles County Plumbing Code" shall mean the Plumbing Code of the
City of Diamond Bar.
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Notwithstanding any provision of the codes hereby adopted, fees
for services to be performed under the codes adopted hereby,
including, but not limited to, inspections, special inspections,
permit issuance and plan checking shall be established by City
Council resolution and the same may be amended by a resolution
adopted by the City Council of the City of Diamond Bar in
accordance with the provisions of Chapter 13 of Part 1 of
Division 2 of Title 5 of the California Government Code
(§§ 54990, et seq.).
SECTION A. It is hereby found that the County of Los
Angeles, in adopting its Ordinance Nos. 90-0045, 90-0046 and
90-0047, has made all appropriate and required findings related
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to local conditions as specified under the California Health and
Safety Code.
SECTION 1. Notwithstanding the amendments to Titles
26, 28 and 29 of the Los Angeles County Code, as heretofore
adopted, made herein, the amendments thereto shall not apply to
or excuse any violation of the predecessor ordinance or codes
adopted occurring prior to the effective date of this Ordinance;
provided, further, that the predecessor codes as adopted by
reference by the City of Diamond Bar, shall continue to be
applicable to construction wherein plans have been submitted for
plan check as of the effective date of this Ordinance so long as
the initial permit therefor is issued no later than sixty (60)
days after the effective date of this Ordinance.
SECTION 10. Penalties = Violation of Ordinance. It
shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or to fail to comply with
any of the requirements of this Ordinance or the Codes adopted
hereby. Any person, firm, partnership, or corporation violating
any provision of this Ordinance or the Codes adopted hereby or
failing to comply with any of their requirements shall be deemed
guilty of a misdemeanor and'upon conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00)
or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or
corporation shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which any violation
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of any of the provisions of this Ordinance or the Codes adopted
hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable
therefor as provided in this Ordinance.
SECTION U. Civil Remedies Available. A violation of
any of the provisions of the Ordinance or the Codes adopted
hereby shall constitute a nuisance and may be abated by the City
through civil process by means of restraining order, preliminary
or permanent injunction or in any other manner provided by law
for the abatement of such nuisance.
SECTION 22. Severability. The City Council hereby
declares that, should any provision, section, paragraph, sentence
or word of this Ordinance or the Codes hereby adopted be rendered
or declared invalid by any final court action in a court or
competent jurisdiction, or by reason of any pre-emptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance and the Codes hereby
adopted shall remain in full force and effect.
SECTION 11. The City Clerk shall certify to the
adoption of this Ordinance and shall cause this Ordinance to be
posted in three public places within the City of Diamond Bar
pursuant to Resolution 89-6.
1990.
ADOPTED AND APPROVED this 31st day of July ,
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Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar; do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 17th day of July , 1990, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 3,Gt day of JiJ 3; ,
1990, by the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim, Horcher,
Mayor Pro Tem Forbing and
NOES: COUNCIL MEMBERS: None Mayor Werner
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST4ed
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