HomeMy WebLinkAbout2001-22 - Adding Section 15.02.035 to Chapter 15.02 Pertaining to Uniform Administrative Code and Amending Section 1.12.020 of Title 1 Pertaining to Enforcement of Chapter 12.63 of Title 12.ORDINANCE NO. 2001-122
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING SECTION
15.02.035 TO CHAPTER 15.02 PERTAINING TO
UNIFORM ADMINISTRATIVE CODE AND
AMENDING SECTION 1.12.020 OF TITLE 1
PERTAINING TO ENFORCEMENT OF CHAPTER
12.63 OF TITLE 12
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.
Prior to issuance of a demolition permit for complete demolition of a structure the
permittee shall certify that a City franchised waste hauler shall be used for the handling,
removal and disposal of construction and demolition waste.
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. Section 1.12.020(E) of Chapter 1.12 of the Newport Beach Municipal
Code is amended to read as follows:
E. The General Services Director and department staff designated by the Director
shall have the power to issue citations for any violation of Chapters 6.04 and 12.63 of this
Code.
SECTION 3. 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 4. 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 13`' day of November, 2001, and was adopted on the 27`h day of
November, 2001, by the following vote to wit:
AYES, COUNCIL MEMBERS
Heffernan, O'Neil, Ridgeway,
Glover, Bromberg, Proctor
NOES, COUNCIL MEMBERS
None
ABSENT, COUNCIL MEMBERS
Adams
ABSTAINED, COUNCIL MEMBERS
None
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH 1
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2001 -22 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
27th day of November 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor
Noes: None
Absent: Mayor Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of November 2001.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2001 -20 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 1, 2001.
In witness whereof, I have hereunto subscribed my name this 34 day of
200,1! �� (,
City Clerk
City of Newport Beach, California