HomeMy WebLinkAbout2006-11 - Amending Chapter 15.02 of the NBMC to Amend the Uniform Administrative Code, 1997 Edition99 -14.
ORDINANCE NO. 2006-11
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.02 OF THE NEWPORT BEACH
MUNICIPAL CODE TO AMEND THE UNIFORM
ADMINISTRATIVE CODE, 1997 EDITION.
WHEREAS, the 1997 Uniform Administrative Code was adopted by Ordinance
WHEREAS, the Uniform Administrative Code establishes the Building Code
Board of Appeals to rule on appeals related to building code matters.
WHEREAS, Section 103.1.4 of 2001 California Fire Code establishes a similar
appeal process to the Uniform Administrative Code.
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is amended
to read:
15.02.020 Amendment to Section 204 of the Administrative Code.
Section 204 of the Administrative Code is amended to read as follows:
SECTION 204.1 General. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official or the Fire Marshal relative to
the application and interpretation of the technical code, there shall be and is hereby
created a joint Building and Fire Board of Appeals consisting of seven (7) members who
are qualified by experience and training to pass upon matters pertaining to building
construction, building service equipment, fire protection and fire protection equipment,
two (2) of whom shall be physically disabled, and who are not employees of the City of
Newport Beach. The Building Official or the Fire Marshal shall be an ex officio member
and shall act as secretary to said board but shall have no vote upon any matter before the
board. The Board of Appeals shall be appointed by the City Council and shall hold office
at its pleasure. The board shall adopt rules of procedure for conducting its business and
shall render all decisions and findings in writing to the appellant with a duplicate copy to
the Building Official or Fire Marshal, and may recommend to the City Council such new
legislation as is consistent therewith.
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 one or more sections,
subsections, clauses, or 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 25`x' day of April, 2006, and was adopted on the 9tn
day of May, 2006 by the following vote to wit:
AYES, COUNCIL MEMBERS:
cuv y, Seti.ch, .Rozansky,
RidgewaU, DaWe, N.icho26,
Mayan. Webb
NOES, COUNCIL MEMBERS:
None
ABSENT, COUNCIL MEMBERS:
None
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
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. 2006 -11 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 9th
day of May 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of May 2006.
(Seal)
t
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -11 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: May 13, 2006.
In witness whereof, I have hereunto subscribed game this ��` day of A
2006. Y a�i < X d &
City Clerk
City of Newport Beach, California