HomeMy WebLinkAboutOrdinance 1532 (Various Code Amendments)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1532 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL CLARIFYING AND AMENDING
ORDINANCE 1517 AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY
OF SAN RAFALE, AMENDING THAT SECTION PERTAINING TO "RIGHT OF
ENTRY" IN CHAPTER 12.12 "UNIFORM BUILDING CODE", CHAPTER 12.14
"UNIFORM MECHANICAL CODE", CHAPTER 12.16 "UNIFORM PLUMBING CODE,
CHAPTER 12.20"ELECTRICAL CODE", CHAPTER 12.26 "UNIFORM HOUSING
CODE", CHAPTER 12.28 "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, AND CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA, AND HOT
TUB CODE", AND ALSO AMENDING CHPATERS 12.14 AND 12.20 BY RENUMBERING
CERTAIN SECTIONS THEREIN.
is a true and correct copy of an ordinance of said City and was
introduced at a Regular meeting of the City Council
of the City of San Rafael, held on the Sixth day of
October , 1986, published as required by City Charter in the
Marin Independent Journal , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a Regular meeting of the City Council of said City
held on the 20th day of October 19 86 by the following
vote, to wit:
AWES: COUNCILMEMBERS: Frugoli, Nave & Vice -Mayor Breiner
NOES: COUNCILMEM3ERS: None
ABSENT: COUNCILMEMBERS: Russom & Mayor Mulryan
WITNESS my hand and the official seal
of the City of San Rafael this
41s' day of c?o4LO6, ,
191'6.
For: JEANNE M. LEONC�INI , City Clerk
By: fnLY
�ROA SNIFF N, Deputy City Clerk
ORDINANCE NO. 1532
AN ORDINANCE OF THE CITY OF SAN RAFAEL CLARIFYING
AND AMENDING ORDINANCE 1517 AMENDING TITLE 12 OF
THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL,
AMENDING THAT SECTION PERTAINING TO "RIGHT OF
ENTRY" IN CHAPTER 12.12 "UNIFORM BUILDING CODE",
CHAPTER 12.14 "UNIFORM MECHANICAL CODE", CHAPTER
12.16 "UNIFORM PLUMBING CODE", CHAPTER 12.20
"ELECTRICAL CODE", CHAPTER 12.26 "UNIFORM HOUSING
CODE", CHAPTER 12.28 "UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, AND CHAPTER
12.32 "UNIFORM SWIMMING POOL, SPA, AND HOT TUB
CODE", AND ALSO AMENDING CHAPTERS 12.14 AND 12.20
BY RENUMBERING CERTAIN SECTIONS THEREIN.
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 12, Uniform Mechanical Code, is hereby
amended as follows:
Amend the Chapter heading, "Chapter 12, Uniform Mechanical
Code" to read as follows:
DIVISION 2.
"Chapter 12.14 Uniform Mechanical Code".
Chapter 12.20 Electrical Code, is hereby
amended to read as follows:
Amend Section 12.20.030 to read as follows:
Penalty for Violation. Any person, firm or corporation
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.
entirety.
Section 12.20.040 Penalty for Violation is deleted in its
DIVISION 3.
CHAPTER 12.12.020, Section 202(c);
12.14.020, Section 201(c);
12.16.020, Title 20.2(b);
12.20.020, Section 1-C;
12.26.020, Section 201(b); and
12.28.020, Section 201(c)
are amended to read as follows:
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o INAL
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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 build-
ing 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.
follows:
DIVISION 4. Chapter 12.32.020 is amended to read as
12.32.020. Amendments to the Uniform Swimming Pool, Spa and
Hot Tub Code. The Uniform Swimming Pool, Spa and Hot Tub Code adopted
by Section 12.32.010 is amended and changed in the following respects.
The section numbers hereinafter referred to are the section numbers of
the Uniform Swimming Pool, Spa and Hot Tub Code. Section 1.6(b) is
amended to read as follows:
"Section 1.6(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
MAM
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 balance of Chapter 12.32.020 shall read as previously
adopted by the Council of the City of San Rafael as part of Ordinance
No. 1517.
DIVISION 5. The Council of the City of San Rafael do also
find that the amendments to Ordinance 1517 contained in this Ordinance
are determined to be necessary to conform to the law of the State of
California as regards Right of Entry and that no modifications are
being made to the various Uniform Codes which require findings based on
local climatic, geographical, or topographical conditions.
DIVISION 6. If any provision of this Ordinance or its
application 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 provi-
sions or applications, and to this end any phrase, section, sentence,
or word is declared to be severable.
DIVISION 7. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation, pub-
lished and circulated in the City of San Rafael, and shall be in full
force and effect thirty (30) days after its final passage.
Attest:
Gary r. /Fr2ugoli Acting Mayor
Jg"NE M. LEORCINI, City Clerk
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The foregoing Ordinance No. 1532 was read and introduced
at a Reqular meeting of the City Council of the City of San
Rafael, held on the 6th day of October 1986, and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:Nave, Russom & Acting Mayor Frugoli
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Breiner & Mayor Mulryan
and will come up for adoption as an Ordinance of the City of San
Rafael at a Reqular meeting of the Council to be held on the
20th day of October , 1986.
v-
JEANNE M. LEONCINI, City Clerk
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