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HomeMy WebLinkAbout1859 - Amending Chapter 15.60 of the Newport Beach Municipal Code Entitled "Construction Site Cleanup”ORDINANCE NO. 1859 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.60 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "CONSTRUCTION SITE CLEANUP" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.60 of the Newport Beach Municipal Code is amended to read: Sections: 15.60.010 • 15.60.020 15.60.030 15.60.040 15.60.050 15.60.060 15.60.070 "CHAPTER 15.60 CONSTRUCTION SITE CLEANUP Site Cleanup Fee - Purpose. Amount of Deposit. Type of Deposit. Notice. Action by City. Refund of Deposit. Appeal to City Council. 15.60.010 Site Cleanup Fee - Purpose. Prior to the issuance of any building permit or grading permit, the Building Official shall require a site cleanup deposit to be deposited with the City Finance Director in a sum to be calculated as set forth in this Chapter. This site clean- up deposit is intended to ensure the removal of construc- tion and demolition debris from construction sites and public property adjoining the construction sites to ensure that.the permittee installs and maintains erosion control and desiling basins as required by ordinance, and to • ensure that inspections are requested at the appropriate time, thereby ensuring the health, safety and welfare of the citizens of the City of Newport Beach. • • L 15.60.020 Amount of Deposit. The amount of the site cleanup deposit shall be determined either in accordance with the valuation of the proposed construction or in accordance with the extent of the grading to be undertaken prior to construction. The Building Official shall have the discretion to choose the site cleanup deposit from one, but not both, of the following schedules giving due regard to the extent of the proposed grading and construction. Schedule A - Valuation Deposit 0 - 100 Deposit $ 0 - $ 5,000 $ 100 5,001 - 10,000 200 10,001 - 20,000 300 20,001 - 50,000 400 50,001 - 250,000 1,000 250,001 - 500,000 1,500 500,001- 1,000,000 3,000 1,000,001 - up 5,000 Schedule B - Yardage (in cubic yards) 15.60.030 Type of Deposit. The applicant for a building permit or grading permit shall deposit cash or other instrument of deposit in a form satisfactory to the City Attorney in the amount required by the Building Official pursuant to the provisions of Section 15.60.020. 15.60.040 .Notice. Written notice shall be given to the applicant /permittee when any of the following conditions exist: 1. When, in the opinion of the Building Official or any building inspector, there is an unnecessary or -2- Deposit 0 - 100 $ 300 101 - 500 700 501 - 1,000 900 1,001 - 1,500 1,100 1,501 - 2,000 1,300 2,001 - 5,000 2,000 5,001 - 10,000 2,500 10,001 - 15,000 3,000 15,001 - 20,000 3,500 20,001 - 50,000 5,000 50,001 - 100,000 10,000 100,001 - up 15,000 15.60.030 Type of Deposit. The applicant for a building permit or grading permit shall deposit cash or other instrument of deposit in a form satisfactory to the City Attorney in the amount required by the Building Official pursuant to the provisions of Section 15.60.020. 15.60.040 .Notice. Written notice shall be given to the applicant /permittee when any of the following conditions exist: 1. When, in the opinion of the Building Official or any building inspector, there is an unnecessary or -2- excessive accumulation of construction debris or material on or off site; 2. When, in the opinion of the Building Official or any building inspector, the applicant /permittee has failed to properly install and maintain erosion control devices such as desilting basins; 3. When, in the opinion of the Building Official or any building inspector, material or debris relating to the construction or grading constitutes a threat or danger to the health, safety or welfare of any person; or 4. When, in the opinion of the Building Official or any building inspector, construction or grading is in violation of any ordinance of the City of Newport Beach or is in violation of any of the conditions imposed by the City at the time of the approval of the permit. Such written notice shall be deemed to have been given to the applicant /permittee when written notice is posted at the construction site. Such notice shall describe the action to be taken by the applicant /permittee and the period of time within which that action must be taken. 15.60.050 Action by City. in the event that the applicant /permittee fails-to take action in accordance with the provisions of Section 15.60.040, the City of Newport Beach or its agents or employees at its option may enter the construction or grading site and take the action required of the contractor pursuant to the provisions of Section 15.60.040. The actual expense • incurred by City as a result of taking this action shall be deducted from the cash deposit and paid over to the City, and the remainder, if any, returned to the applicant/ -3- permittee at such time action is taken by the the cost of the action amount of the deposit, until such time as an as the final discretionary Building Official. In the event taken by the City exceeds the work on the project shall be stopped additional sum is placed in deposit by the applicant /permittee as provided in Section 15.60.010. 15.60.060 Refund of Deposit. At such time as the final approval of the project has been given by the Building Official, and in the event that all of the action has been taken by the applicant /permittee required of it pursuant to the provisions of this Chapter and pursuant to the instructions of the Building Official, then the full amount of the deposit remaining shall be refunded to the applicant/ permittee upon final approval of the structure by the Building Official. 15.60.070 Appeal to City Council. The City Council • shall have the power to hear and decide appeals based on the enforcement or interpretation of the provision of this Chapter." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 2'Ard day of ime , 1980, and was adopted on the 14th day of July , 1980, by the following vote, AYES, COUNCILMEN Cox, Hart, Heather, Hummel, Maurer, Plummer, Strauss NOES, COUNCILMEN ABSENT COUNCILMEN -4- J RHB /kv 5/28/80 to wit: CWHED AS THE ORIGINAL AND CMIFIED AS TO PUBU AJION JUL 18 1980 DATE _..__....._...__.�... CITY CLM Of THE CITY OF NEWIORT KACH ATTEST: AYES, COUNCILMEN Cox, Hart, Heather, Hummel, Maurer, Plummer, Strauss NOES, COUNCILMEN ABSENT COUNCILMEN -4- J RHB /kv 5/28/80