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HomeMy WebLinkAboutOrdinance 1389 (Uniform Solar Energy Code)ORDINANCE NO. 1389 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE", OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 12.38.020 is amended to read as follows: 12.38.020 Amendments made in the Uniform Solar Energy Code. The Uniform Solar Energy Code adopted by Section 12.38.010 is amended and changed in the following respects. The chapter and/or section numbers hereinafter referred to are the chapter and/or section numbers of the Uniform Solar Energy Code: Title 20.2(b) is amended to read as follows: "Title 20.2(b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 18822.50 et seq of the Code of Civil Procedure of the State of California. The first paragraph of Title 20.3 is deleted. Title 20.6 is amended by deleting schedule of fees and adding: "Fees mall be as set by resolution of the City Council." Title 20.13 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." me `ORDINANCE NO. 1389 DIVISION 2. Chapter 12.38.030 is added to read as follows: 12.38.030 Penalty for violation. Any person, firm or corpora- tion violating any of the provisions of this chapter is guilty of a mis- demeanor, and each such person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 3. If any provision of this Ordinance or its appli- cation is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. DIVISION 4. This Ordinance shall be enacted as an urgency ordinance to take effect immediately. The reasons for its adoption as an urgency ordinance are as follows: The officials of the City of San Rafael are charged with the responsibility of inspection pursuant to the various Uniform Codes, heretofore adopted by the San Rafael City Council. In the performance of said inspections, it is necessary for the appropriate official to be empowered with a right of entry. The present ordinance relating to inspection, which has adopted the various Uniform Codes by reference, has, through mistake and inadvertence, deleted the provisions guaranteeing the right of entry. Therefore, this Ordinance must be adopted as an urgency measure to ensure the continued inspection function without impediment. Attest: JEAV 9: LEONCINI,C ty Clerk LAWRENCE E. MULRYAN, Mayor -2- ORDINANCE NO. 1389 The foregoing Ordinance No. 1389 was adopted as an Urgency Ordinance of the City of San Rafael at an adjourned regular meeting of the City Council of the City of San Rafael, held on the ninth day of March , 1981, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Jensen =I= EANNE M. LEONCINI, City Clerk