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HomeMy WebLinkAboutOrdinance 1381 (Uniform Swimming Pool Code)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1381 entitled: AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, PROVIDING PROPER "RIGHT OF ENTRY" WORDING FOR CHAPTER 12.12 "UNIFORM BUILDING CODE", CHAPTER 12.14 "UNIFORM MECHANICAL 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 CODE" is a true and correct copy of an ordinance of said City and was introduced at a regykar meeting of the City Council of the City of San Rafael, held on the twentieth day of October , 1980, published as required by City Charter in the Independent -Journal , a newspaper printed and 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 twentieth day of October , 1980, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and -the official seal of the City of San Rafael this 27th day of October , 1980. JEEANNNE M. LEONCINI, City Clerk By RE3I AY A. BUCHANA , Deputy City Clerk ORDINANCE NO. 1381 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, PROVIDING PROPER "RIGHT OF ENTRY" WORDING FOR 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 CODE." THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 12.12.020, Sec. 202 (c); Chapter 12.14.020, Sec. 201 (c); Chapter 12.16.020, Title 20.2(b); Chapter 12.20.020, Sec. 1-c; Chapter 12.26.020, Sec. 201(b); Chapter 12.28.020, Sec. 201(c); and Chapter 12.32.020, Sec. 1.6(b) are amended to read as follows: 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. DIVISION 2. 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 provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. ORDINANCE NO. 1381 DIVISION 3. 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. LAWRENCE E. MULRYAN, Mayor Attest: JEANNE M. LEON NI, City Clerk kEUINA A BUDHANAU - Deputy City- Clerk The foregoing Ordinance No. 1381 was adopted as an Urgency Ordinance of the City of San Rafael at a regular meeting of the City Council of the City of San Rafael, held on the 20th day of October , 1980, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor NOES: COUNCILMEMBERS: None Mulryan ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk R€LINA A. BUCHANAN - Deputy City Clerk - 2 -