HomeMy WebLinkAbout2004-2 - Amending Section 15.02.035 of Title 15 of the Newport Beach Municipal code pertaining to the Uniform Administrative Code.ORDINANCE NO. 2004 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
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. Permits must comply with both the technical codes and ordinances of the City of Newport
Beach.
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 ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read 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:
1
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 solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the demolition permit
application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be
returned to the permittee, minus administrative fees set by Resolution of the City Council, at the
conclusion of the demolition project, upon the submittal of documentation that a franchised solid
waste enterprise was used to handle, remove and dispose of all demolition wastes. The
demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is
not used to handle, remove and dispose of all demolition wastes.
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 and that a franchised solid waste enterprise is being
the building official shall issue a permit therefore to the applicant. Prior to any demolition
activities authorized by the permit, the permittee shall notify the General Services Department no
less than twenty-four hours or more than seventy-two hours in advance of its intent to commence
demolition and provide the name of the franchised solid waste enterprise that will conduct the
demolition activities. Any hauling or disposal of demolition and construction wastes by other
than the identified franchised solid waste enterprise shall subject the project to suspension of
work as authorized in this code.
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
2
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 its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 10th day of February 2004, and was adopted on the 23rd day of March 2004,
by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, Ros
Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS
MAYOR
ATTEST:
ltAf
CITY CLERK o
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH I
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. 2004 -2 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 23rd
day of March 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March 2004.
(Seal)
C96 dil
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. 2004 -2 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: March 27, 2004.
In witness whereof, I have hereunto subscribed my name this day of
2004.
VVII
City Clerk
City of Newport Beach, California