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Home My WebLink About03 - Amendment to Section 15.02.035 - Permit IssuanceREPORT TO HONORABLE MAYOR AND CITY COUNCIL SUBJECT: Amendment to the Newport Beach Municipal Code to adopt Section 15.02.035 to amend Section 303.1 of the Uniform Administrative Code "Permit Issuance" BACKGROUND AB 939, the California recycling law of 1989, requires all local governments to recycle a minimum of 50% of all solid waste generated. Failure to comply could result in daily fines of up to $10,000. In order to comply with this State requirement, the City of Newport Beach adopted Municipal Code Chapter 12.63 requiring solid waste haulers to be franchised by the City of Newport Beach and malting compliance with the AB 939 recycling requirement a condition for granting a solid waste franchise. The Building Department issues demolition permits pursuant to Chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal Code. The proposed amendment to Section 303.1 of the Uniform Administrative Code requires applicants for demolition permits of complete structures to obtain approval from the Newport Beach General Services Department prior to the issuance of a demolition permit, to ensure the use of a solid waste demolition contractor who is on the list of City franchised solid waste haulers. (In their meeting on August 21, 2001, the Newport Beach Construction Appeals Board reviewed and endorsed this proposed amendment.) RECOMMENDED ACTION Introduce an ordinance to add NBMC, Section 15.02.035 to require General Services Department approval of demolition permits for complete demolition of structures, and pass to second reading and adoption on November 13, 2001. Proposed amendments to Uniform Administrative Code, Section 303.1 are shown underlined. Submitted by: Prepared by: Jay Elbettar Faisal Jurdi Building Director Deputy Building Director CITY OF NEWPORT BEACH Hearing Date. October 23, 2001 o4�EwPoR e = BUILDING DEPARTMENT Agenda Item No.* 3 u �4COA� 3300 NEWPORT BOULEVARD Staff Person: Faisal Jurdi NEWPORT BEACH, CA 92658 (949) 644 -3277 (949) 644 -3275; FAX (949) 644 -3250 REPORT TO HONORABLE MAYOR AND CITY COUNCIL SUBJECT: Amendment to the Newport Beach Municipal Code to adopt Section 15.02.035 to amend Section 303.1 of the Uniform Administrative Code "Permit Issuance" BACKGROUND AB 939, the California recycling law of 1989, requires all local governments to recycle a minimum of 50% of all solid waste generated. Failure to comply could result in daily fines of up to $10,000. In order to comply with this State requirement, the City of Newport Beach adopted Municipal Code Chapter 12.63 requiring solid waste haulers to be franchised by the City of Newport Beach and malting compliance with the AB 939 recycling requirement a condition for granting a solid waste franchise. The Building Department issues demolition permits pursuant to Chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal Code. The proposed amendment to Section 303.1 of the Uniform Administrative Code requires applicants for demolition permits of complete structures to obtain approval from the Newport Beach General Services Department prior to the issuance of a demolition permit, to ensure the use of a solid waste demolition contractor who is on the list of City franchised solid waste haulers. (In their meeting on August 21, 2001, the Newport Beach Construction Appeals Board reviewed and endorsed this proposed amendment.) RECOMMENDED ACTION Introduce an ordinance to add NBMC, Section 15.02.035 to require General Services Department approval of demolition permits for complete demolition of structures, and pass to second reading and adoption on November 13, 2001. Proposed amendments to Uniform Administrative Code, Section 303.1 are shown underlined. Submitted by: Prepared by: Jay Elbettar Faisal Jurdi Building Director Deputy Building Director ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ADOPT NBMC SECTION 15.02.035 TO REQUIRE GENERAL SERVICES DEPARTMENT APPROVAL OF DEMOLITION PERMITS FOR COMPLETE DEMOLITION OF STRUCTURES. WHEREAS, State AB 939, the California Recycling Law, requires local governments to recycle a minimum of 50 % of all solid waste generated. WHEREAS, the City of Newport Beach adopted Municipal Code Chapter 12.63 requiring solid waste haulers to be franchised by the City of Newport Beach. WHEREAS, compliance with AB 939 is a condition for granting a solid waste franchise. WHEREAS, the Building Department issues demolition permits pursuant to chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal Code. WHEREAS, the General Services Department administers the Solid Waste Hauler franchise program and is in charge of verifying compliance with the program. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.035 is added to Chapter 15.02 of Title 15 of the Newport Beach Municipal Code as follows: 15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code. Section 303.1 of the Uniform Administrative Code is amended to read as follows; 303.1 Issuance. The application, plans specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. General Services Department approval shall be required prior to issuance of a demolition permit for complete demolition of a structure to ensure that the demolition debris hauler is franchised by the City to operate a solid waste handling service in compliance with Newport Beach Municipal Code Section 12.63.030. If the building official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, the building official shall issue a permit therefore to the applicant. When a permit is issued and plans are required, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. SECTION 2. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. 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 it's adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the _ day of 2001, and was adopted on the_ day of 2001, by the following vote to wit: ATTEST. City Clerk AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Mayor