HomeMy WebLinkAbout1991/04/08 Board of Appeals & Advisors Agenda Packet
Item III
Page 1 of 11
MINUTES OF A REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
cm OF CHULA VISTA, CALIFORNIA
April 8. 1991 Parks & Recreation Conf. Rm. 5:00 p.m.
MEMBERS PRESENT: Vice-Chairman Leonard, Board Members Gingerich,
McArthur, Reynolds and Arnold
MEMBERS ABSENT: Chairman Contreras, Board Member Nash
CI1Y STAFF PRESENT: Assistant Director of Building and Housing Remp,
Administrative Secretaó Uybungco, Assistant City Attorney
Ramirez and Assistant ity Attorney Harter (National City) as
Legal Counsel for the Board
CALL MEETING TO ORDER: Vice-Chairman Leonard called the meeting to order at 5:12 p.m.
ROLL CALL: Members present constituted a quorum.
1. APPROVAL OF MINUTES: Assistant City Attorney Ramirez addressed the Board and
requested the minutes of March 18, 1991, Item No. 2A(I) to be revised. (See
Attachment "A").
MSUC Reynolds/Gingerich (4-0) to approve the minutes of March 18, 1991 as
revised.
2. NEW BUSINESS:
A. Reconsideration of Findings of Facts and Conclusions of Law in the
McMurtry Matter.
Unda Harter, Legal Advisor for the Board, stated for the record that Board
Members Leonard, Arnold, Gingerich and Reynolds who were present at this
meeting were also present at the Hearing.
The Agenda for this meeting along with a letter from Assistant City Attorney
Ramirez inviting Mr. McMurtJ; to submit his findings of facts were forwarded
to Mr. McMurtry. However, r. McMurtry was not present at this meeting.
Item III
Page 2 of 11
Board of Appeals & Advisors -2- April 8, 1991
The Board of Appeals and Advisors found clear and convincing the following
findings of facts as listed on the correspondence from Assistant City Attorney
Ramirez, dated March 21, 1991 (See Attachment "B").
I. MSUC Reynolds/Arnold (4-0) to revised Item No. 1 to read "William
McMurtry maintains...(apfH"-e!åmæely--é--f6et1 (over 6 feetLCVMC
Section 1.20.0l0(G)."
2. MSUC Arnold/Gingerich (4-0) to accept Item No.2 as submitted.
3. MSUC Reynolds/Arnold (4-0) to accept Item No.3 as submitted.
4. MSUC Arnold/Gingerich (4-0) to strike Item No.4 due to the lack of
evidence to support the violation.
5. MSUC Reynolds/Arnold (4-0) to strike Item No.5 as a violation.
6. MSUC Arnold/Gingerich (4-0) to accept Item No.6 as submitted.
7. MSUC Reynolds/Gingerich (4-0) to accept Item No.7 as submitted.
8. MSUC Arnold/Gingerich (4-0) to accept Item No.8 as submitted.
9. MSUC Arnold/Gingerich (4-0) to accept Item No.9 as submitted.
10. MSUC Reynolds/Gingerich (4-0) to accept Item No. 10 as submitted.
II. MSUC Reynolds/Gingerich (4-0) to accept Item No. 11 as submitted.
3. DIRECfOR'S COMMENTSIREPORT:
A. Assistant Director of Building and Housing Remp distributed copies of the
Section of the Boards/Commissions/Committees Handbook pertaining to
Attendance Policy.
The following was pointed out to the Board:
1) All members are required to attend at least 75 percent of all meetings
for the fiscal year.
2) Members are required to contact the Chairman or the Secretary to the
Board prior to the meeting in the event of an absence.
3) The Board must take official action to determine if an absence is
excused or unexcused.
Board Member Gingerich stated he will be on vacation and will not be able to
attend the May meeting.
Item III
Page 3 of 11
Board of Appeals & Advisors -3- April 8, 1991
B. Assistant Director of Building and Housing Remp inquired whether the
Board Members desire further presentations from staff and to indicate their
topics of interest.
Distributed list of "topics" for Board Members to review again.
Board Member McArthur expressed interest for a 'Resentation on Span
Tables. Assistant Director of Buildin~ and Housing emp suggested staff
could show a video tape prepared by I. .B.O. at the next meeting.
4. COMMUNICATIONS (PUBLIC REMARKS/WRITfEN CORRESPONDENCE): None
5. Vice-Chairman Leonard adjourned the meeting at 6:31 p.m. to the next regular
meeting scheduled for May 13, 1991.
--6,f¡ß;,~¿;rf"¡
Director of Building and Housin~
Secretary to the Board of Appea s and Advisors
~.
~, ,W.U'
Yeelin U ungcd
Administrative Secretary
Department of Building and Housing
lyu
(040B91Mdoc)
(Attachment"A")
(Page 1 of 5)
Item III
Page 4 of 11
MINUTES OF A SPECIAL MEETING
BOARD OF APPEALS AND ADVISORS
CI1Y OF CHULA VISTA, CALIFORNIA
March 18. 1991 Council Conference Room 5:00 v.m.
MEMBERS PRESENT: Vice Chairman Leonard, Board Members Arnold, Gingerich,
Nash and Reynolds
MEMBERS ABSENT: Chairman Contreras and Board Member McArthur
CI1Y STAFF PRESENT: Assistant Director of Building and Housing Remp,
Administrative Secretary Uybungco, Senior Code Enforcement
Officer Foster, Assistant CIty Attorney Ramirez, Fire Marshal
Gove and Fire Captain Smith
Linda Harter, Assistant City Attorney for the City of National
City, acted as Legal Counsel for the Board
CALL MEETING TO ORDER: Vice Chairman Leonard caned the meeting to order at 5:03 p.m.
ROLL CALL: Members present constituted a quorum.
1. APPROVAL OF MINUTES: MSUC Nash/Gingerich (4-0-1) to approve the minutes of
February 11, 1991.
2. NEW BUSINESS:
A Appeal of the Notice and Order for the Abatement of Public Nuisance for the
Property Located at 255 Rogan Road, Chula Vista, CA 91910.
Administrative Secretary Uybungco informed the Board that the Department
had received an Appeal of the Notice and Order of the Building Official,
dated December 17, 1990 as submitted by Mr. William McMurtry.
Copies of Mr. McMurtry's A~eal, along with the Notice and Order, the
Amendment to the Notice and rder and the Request for Extension from Mr.
McMurtry were distributed to the Board by Administrative Secretary
Uybungco.
Administrative Secretary Uybungco introduced Assistant City Attorney,
Suzanne Ramirez (representing City) and Mr. William McMurtry (Appellant)
to the Board members.
(Attachment "A",
(Page 2 of 5)
Item III
Page 5 of 11
Board of Appeals & Advisors -2- March 18, 1991
1) Atisistaßt--Qty---Atteffi@y"--&amtF8i!--r:r::teè--~&--èi&missal---ef--~e
We&fiBg-èu&te-tàe~lay.fer-the-f.i¡iHg the-Awea¡-Ðy~,M~
+he--Ged&-fitate&-4èffi-IIfl--A~iBüSt-be-.{HeQ.-witftin-~-èay&--ef-~e
èat6-efi66t¡¡UK!&-ef-ft-Nette6-ftßd-Gr-èt!f.-~,-MeMtIHf}'--èjè.-flet-me6t
the-ttme-fiftme-speeffied. Assistant Ci~ Attorney Ramirez re~ested
the dismissal of the hearinl! due to the o~ection that Mr. Mc urtrv
did not comDlv with the Uniform Co e for the Abatement of
Dangerous Buildings. Section 501(a7) which re~uires verification of
the ap\Jeal by declaration under a penalty of peIJuI)' and Section 502
due to his failure to verify his appeal constitutmg a waiver of his rights
for a hearing.
Mr. McMurtry presented his rebuttal for the request to dismiss the
Hearing.
MSUC Arnold/Nash (5-0) to deny the request for the dismissal of the
Hearing.
2) Mr. McMurtry requested an extension for his Appeal due to his
~inion that he was not given enough time to prepare for the Hearing.
e stated that he did not receive the announcement for the Hearing
until March 9, 1991 and that he did not receive the documentation he
requested from various City departments in a timely manner.
Assistant City Attorney Ramirez presented her rebuttal against Mr.
McMurtry's request for an extension.
MSUC Reynolds/Arnold (5-0) to deny the request for an extension of
the Hearing.
3) Assistant City Attorney Ramirez suggested to the Board to reconvene
at another time in order to provide the Board with an opportunity to
visit the site and view the condition of the property.
MSUC Gingerich/Arnold (5-0) to continue the proceedings to finality
without reconvening.
4) Assistant City Attorney Ramirez called Brad Remp, Assistant Director
of Building and Housmg, as the first witness to provide testimony to
support the Notice and Order. Vice Chairman Leonard administered
the Oath to Assistant Director of Building and Housing Remp.
Assistant City Attorney Ramirez provided copies of sections of the
Chula Vista Municipal Code as pertaining to the violations at 255
Ro~ Road. Administrative Secretary Uybungco marked this packet
as' ibit #1" as submitted.
Assistant City Attorney Ramirez went over Items No.1, 2, 3, 4, 8, 11,
12 and 13 as listed on the Notice and Order with Assistant Director of
Building and Housing Remp in order to get his statements regarding
the condition of each violation cited.
(Attachment "A",
(Page 3 of 5)
Item III
Page 6 of 11
Board of Appeals & Advisors -3- March 18, 1991
Assistant Director of Buildin~ and Housinß Remp presented a set of
nine (9) hhotographs depictmg the condItions of the toperty and
showing t e items which are stored on the ~roperty. sistant City
Attorney Ramirez submitted the set of p otographs as evidence.
Administrative Secretary Uybungco marked the set of photographs as
"Exhibit #2".
Mr. McMurtry submitted a memorandum dated November 1, 1990 to
Carol Gove (Fire Marshal), Keith Hawkins (Ca~tain - Police
Department) and Jim Monaghan (Senior Building spector) from
Dick Foster (Senior Code Enforcement Officer; as eVIdence of his
disapproval for the site inspection of November 2 , 1990, at which time
the photographs as presented as "Exhibit #2" were taken.
Administrative Secretary Uybungco marked the memorandum as
"Exhibit #3".
5) Assistant Ci7t Attorney Ramirez called George Smith, Fire Captain as
a witness to terns No.5, 6, 7 and 10 as listed on the Notice and Order.
Vice Chairman Leonard administered the Oath to Fire Captain Smith.
Assistant City Attorney Ramirez requested to remove Item No.9 on
the Notice and Order. Mr. McMurtry did not object to this request.
Fire Captain Smith presented his observations of the property from
the site mspection of November 21,1990.
Mr. McMurtry submitted as evidence a memorandum dated October
4, 1990 to Dick Foster, Senior Code Enforcement Officer, from Carol
Gove, Fire Marshal. Administrative Secretary Uybungco marked the
memorandum as submitted as "Exhibit #4".
6) Assistant City Attorney Ramirez informed the Board that residents of
Mr. McMurtry's neighborhood were available to provide testimony as
to the violations.
Linda Harter, Legal Counsel for the Board, stated that testimonies
from all neighbors present would be redundant.
Board Member Nash requested that a representative provide the
testimony for the group.
Assistant City Attorney Ramirez called Mrs. Helen D. Little, property
owner of 271 Rogan Road, as the witness to represent the group. Vice
Chairman Leonard administered the Oath to Mrs. Little. Mrs. Little
provided two photographs depictin~ the dumxster and vehicles on the
IToperty as evidence to her testlmo~ dministrative Secretary
ybungco marked the photographs as " ibit #5" and "Exhibit #6".
7) Mrs. Esther Lassman, property owner of 264 Rogan Road, requested
to provide her testimony aöainst Mr. McMurtry. Vice Chairman
Leonard administered the ath to Mrs. Lassman. Mrs. Lassman
Ñ0vided testimony for Item No. 12 (beekeeping) as stated in the
otice and Order.
(Attachment "A",
(Page 4 of 5)
Item III
Page 7 of 11
Board of Appeals & Advisors 4- March 18, 1991
8) Mr. McMurtry was given the ~portunity to ~esent his testimony
against the Notice and Order. ice Chairman onard administered
the Oath to Mr. McMurtry.
Mr. McMurtry stated that he resided in several places: 115 Palomar
Street, 275 Rogan Road and on Cartwright Street in San Diego.
Mr. McMurt7c presented his rebuttal to all the statements which were
made by the our witnesses called by Assistant City Attorney Ramirez.
Mr. McMurtry stated that all vehicles on the property are parked on
concrete.
Mr. McMurtry submitted a letter dated February 3, 1989 to the City
Clerk stating his compliance to the violations cited on his pnÁerty by
Mike Fox, Code Enforcement Officer. Assistant City ttorney
Ramirez objected to the letter being submitted as evidence due to its
irrelevance to the Notice and Order dated December 17, 1990. Linda
Harter noted the o~tion. Administrative Secretary Uybungco
marked the letter as " ibit #7".
Mr. McMurtry submitted a Notice and Order to Abate dated January
20, 1989 as evidence for his testimony. Administrative Secretary
Uybungco marked the Notice and Order to Abate as "Exhibit #8".
Mr. McMurtry submitted a memorandum dated August 7, 1989 to Ken
Larsen, Director of Building and Housing, from Mike Fox, Code
Enforcement Officer as evidence that items observed by Mike Fox
durinfc an inspection on Au~st 4, 1989 did not constitute public health
or sa ety hazards. Administrative Secretary Uybungco marked this
memorandum as "Exhibit #9".
Assistant City Attorney Ramirez submitted documentation of proferty
appraisal record from the Office of the Assessor of the County 0 San
Diego. This document showed that Mr. McMurtry was paying taxes
for the land only and not for any structures at 255 Rogan Road. Mr.
McMurtry objected to the re~rt as being evidence to the City's
testimony. Linda Harter noted . McMurtry's objection and received
the document. Administrative Secretary Uybungco marked the report
as "Offered but refused as Exhibit #10".
9) ~on completion of the testimonies from witnesses for the City and
r. McMurtry, Board Members Gingerich, Nash and Reynolds sought
final clarification from Mr. McMurtry on his testimony of the violations
on his property.
City staff and witnesses were dismissed in order for the Board to hold a
closed-door session with their Lerl Counsel, Linda Harter, to discuss their
findings. Assistant City Attorney amirez and Mr. McMurtry were informed
by Linda Harter that a written report of the Board's findings will be provided
to both parties.
(Attachment "A",
(Page 5 of 5)
Item III
Page 8 of 11
Board of Appeals & Advisors -5- March 18, 1991
3. DIRECTOR'S COMMENTSIREPORT: None
4. COMMUNICATIONS (PUBLIC REMARKS/WRITfEN CORRESPONDENCE): None
5. Vice Chairman Leonard adjourned the meeting at 10:05 p.m. to a Oosed Session.
The Board will meet in regular session on Monday, April 8, 1991.
~
,,-:- . '"IF 61·
Kenne . rse~
Director of Building and Housing
Secretary to the Board of Appeals and Advisors
~/~
Yeelin UyMu~
Administrative Secretary
Department of Building and Housing
/yu
( e:\boardmin.doc)
(Attachment "B".
(Page 1 of 3)
Item III
The Board of Findings and Appeal Page 9 of 11
To:
From: Suzanne Ramirez, Assistant city Attorney on behalf of the
Director of Building and Housing
Date: March 21, 1991
Re: Appeal of William F. McMurtry
The city of Chula Vista, as respondent and prevailing party in this
appeal, respectfully requests that the Board, in upholding the
Notice and Order to Abate a Public Nuisance dated December 17, 1991
and declaring that the condition of the property at 255 Rogan Road
does indeed constitute a public nuisance, make the following
specific findings:
1. William McMurtry maintains on his property at 255 Rogan Road a
fence which is in violation of CVMC section 19.58.150 in that it is
excessive in height (approximately 6 feet) and does not conform to
setback requirements (it being at the curb rather than set back the
required 25 feet). This violation constitutes a public nuisance
under CVMC section 1.20.010 G.
2. William McMurtry has maintained the following vehicles in a
state of disrepair or in an inoperable condition, they not having
been operated since the dates stated and each being registered with
the DMV as "non-operative", on the lot at 255 Rogan Road in
violation of CVMC section 19.58.260 C1: a 1974 Porche (last
operated in 1986 or 1987), a 1966 Mustang (last operated in 1986 or
1987), a 1975 Toyota pick-up (last operated approximately 6 months
ago) , a 1969 VW fastback (last operated in 1987 or 1988), a 1970
Volvo (last operated in 1987 or 1988), and a 1979 VW Rabbit (last
operated in 1990). These violations constitute a public nuisance
under CVMC section 1.20.010 G.
3. William McMurtry has maintained the above-referenced vehicles
in a state of disrepair or in an inoperable condition outside of a
garage or carport or solid fence, gate or wall measuring six feet
high for the periods stated (each well over the permitted 72 hours)
at 255 Rogan Road in violation of CVMC section 19.58.260 C2: the
1974 Porche (since 1978 or 1979), the 1966 Mustang (since 1986),
the 1975 Toyota pick-up (since 1975), the 1969 VW Fastback (since
1974), the 1970 Volvo (since 1974 or 1975), the 1979 VW Rabbit
(since 1990). These violations constitute a public nuisance under
CVMC section 1.20.010 G.
4. As to the allegation of violation of CVMC section 10.84.020
(which requires that all vehicles be parked in a garage or carport
or on a paved driveway or adjacent to a paved driveway on a dust
free surface), we would ask that the Board state the facts on which
it relied in concluding that there was a violation.
(Attachment IIB")
(Page 2 of 3)
Item III
5. 1 . f" . P1re 10 of 11
As to the al egat~on 0 v~olat~on of CVMC sect~on 10.52.09 , we
would ask that the Board state whether it found the trailer which
has had its wheels removed to be a commercial vehicle, and if so,
to find william McMurtry to be in violation of CVMC section
10.52.090 which prohibits the parking of commercial vehicles in
residential districts, which constitutes a public nuisance under
CVMC section 1.20.010 G.
6. William McMurtry has maintained accumulations of rubbish,
weeds, litter or combustible or flammable waste material, such as
used construction materials and furnishings, many of which are
stored under tarps which would produce a "wick effect" in the event
of a fire on the vacant lot or open space at 255 Rogan Road in
violation of UFC section 11.201(a) and CVMC section 15.36.010,
which is a fire hazard and which constitutes a public nuisance
under CVMC section 1.20.010 G.
7. william McMurtry has utilized extension cords to provide
electricity to the "guard shack" on the property at 255 Rogan Road
as a substitute for permanent wiring in violation of UFC section
85.106 and CVMC section 15.36.010, which constitutes a public
nuisance under CVMC section 1.20.010 G.
8. William McMurtry obtained a demolition permit for the premises
at 255 Rogan Road. He failed to request a post-demolition
inspection of the premises so there is no way to ascertain if the
septic facilities have been properly filled and sealed. We find
this to be a violation of CVMC section 15.44.060, which constitutes
a public nuisance under CVMC section 1.20.010 G.
9. William McMurtry has utilized his R-1 zoned lot at 255 Rogan
Road as a storage yard for vehicles, used construction materials
and other miscellaneous objects, which is not a permitted use and
thus is in violation of CVMC section 19.24.020, which constitutes
a public nuisance under CVMC section 1.20.010 G.
10. William McMurtry has allowed, permitted, or maintained stands
or hives of bees in or upon his property at 255 Rogan Road within
600 feet of a residential building in violation of CVMC section
6.04.100, which constitutes a public nuisance under CVMC section
1.20.010 G.
11. William McMurtry had on his property at 255 Rogan Road, at the
time his property was inspected in November and December of 1990,
wiring inside the "pool/guest house" which was not being used in a
safe manner in violation of UHC section 1001(e) and CVMC section
15.20.010, which constitutes a public nuisance under CVMC section
1.20.010 G.
We would ask that amended written findings of fact be voted upon by
a quorum of the Board, with only those Board members who heard the
testimony in this matter vote, and that they be signed by Board
Vice-Chairman Leonard, who presided as Chairman at the hearing on
(Attachment "B",
(Page 3 of 3)
Item III
,Paªe 11 of 11
March 18, 1991. We would further ask that the Board re1t rate
verbatim its earlier order in all other regards and in particular
as to the April 22nd deadline for compliance. with regard to the
90 day appeal period pursuant to Code of Civil Procedure section
1094.5, we would ask that the Board state that its amended order is
final as of the date the Chairperson signs it and that it may be
challenged by a petition for writ of administrative mandamus on or
before the 90th day after the decision becomes final.
Respectfully submitted,
~~ "G~"ð-
Suzanne Ramirez
Assistant City Attorney
--
Item 112A
Page 1 of 6
ORDINANCE NO.
AN ORDINANCE OF THE CI7Y OF CHULA VISTA REPEALING EXISTING SECTIONS 15.24.010
THROUGH 15.24.100 AND ADOPTING NEW SECTIONS 15.24.0/0 THROUGH 15.24./00 OF
CHAPTER 15.24 OF THE MUNICIPAL CODE OF THE CI7Y OF CHULA VISTA RELATING TO THE
ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1990 EDITION
THE CITY COUNCIL OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. THAT SECTIONS 15.24.010 THROUGH 15.24.100 OF CHAPTER 15.24 AS ~ HEREBY REPEALED
AND NEW SECTIONS 15.24.010 THROUGH 15.24.100 OF CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL
CODE ARE HEREBY ADOPTED TO READ AS FOLLOWS:
15.24.010. NATIONAL ELECTRICAL CODE, !9S1l22Q EDITION, ADOPTED BY REFERENCE.
There is hereby adopted by reference that certain document known and designated as the National
Electrical Code, 198'7 1990 Edition, as published by the National Fire Protection Association, thFOO
e-epies ~ of which are is on file in the Office of the City Clerk. Said document is hereby
adopte as t e Electrical Code of the City of Chula Vista, California regulating the installation,
repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature
whatsoever, whether inside or outside of any building, and issuance of permits and providing for the
inspection thereof.
15.24.015. ADVISORY AND APPEALS BOARD
In order to hear and decide a eals of orders decisions or determinations made b the Buildin
ICIa re atlve to tea Icatlon an mter retatlons 0 t IS co e t ere s a e an IS ere
create a oar 0 ea s an vIsors conslstm 0 seven mem ers w 0 are ualle
ex enence an tramm to ass u on matters ertamm to e ectnca as ects 0 constructIOn. e
lrector 0 U1 m an ousm s a e an ex-o ICIO mem er w 0 s a not e entlt e to vote
an w 0 s a act as ecreta to t e oar. e oar 0 ea s an vIsors s a e
a mn te t e I ouncl rom t e ualle e ectors 0 t e I m accor ance WIt t e
rovlslons 0 ectlon et se . 0 t e arter. e oar s a ren er a eClSlOns an m m s
m wntm to t e lrector 0 U1 m an ousm WIt a u Icate co to tea e ant. e
eClSlOn 0 t e oar IS ma. e oar 0 ea s an VIsors s a recommen to t e I
ouncl suc newels atlOn eeme necessa to overn e ectnca as ects 0 construction m t e
Itv 0 ua Ista.
I-S,24l}W 15.24.025. MATERIALS-APPROVAL REQUIRED.
Listing or labeling as conforming to the standards of the Underwriters' Laboratories, Inc. of the
United States Bureau of Standards or other similar institution of recognized standing shall be
prima facie evidence of conformity with the approved standards for safety to life and property. No
electrical material, appliances or etipment that does not comply with this section shall be eff&-eà
fm-salö-er-selà installed within the ity.
Item 112A
Page 2 of 6
-2-
1-5,24JJ2!; 15.24.030. DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Apartment house" is a building or portion thereof which contains three or more dwelling
units and, for the purpose of this code, includes residential condominiums.
B. "Approved" means acceptable to the authority enforcing this chapter.
C. "Department" means the Department of Building and Housing.
D. "Director of Building and Housing" means the head of the Department of Building and
Housing. Also known as the Building Official.
E. "Dwelling" is any building or portion thereof which contains not more than two dwelling
units.
F. "Dwelling Unit" is any building or portion thereof which contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building
Code, for not more than one family.
G. "Electrical Inspector" means the Director of Building and Housing or his/her designee.
H. "Hotel-Motel" is a building containing six or more guest rooms intended or designed to be
used, or which are used, rented or hired out to be occupied, or which are occupied for
sleeping purposes by guests.
I. "Woodworking Shop" is_-&_shop-_wHh__fffil£__of__rner~__fBtæ-_weoàwe£*iag_-II13pliane8S_-ef
tJ(,}Uipm6Ðt (see definition in Uniform Building Code ).
1-5,24.{);>¡ 15.24.035. ENFORCEMENT AU1HORITY-POWERS AND DUTIES OF 1HE DIRECfOR OF
BUILDING AND HOUSING.
It shall be the duty of the Director of Building and Housing to enforce the provisions of this code.
He That person shall, upon application ~roval, grant permits for the installation or alteration of
electncal wiring, devices, appliances an eqUipment, and shall make inspections of all new
electrical installations and reinspections of all electrical installations as provided in this code.
He/she shall keep complete records of all permits issued, inspections and reinspections made, and
other official work performed in accordance with the provisions of this code. The Director of
Building and Housing may delegate aay-Gf-ms powers or duties to any Of-hlS assistant.
The Director of Building and Housing shall have the right, during reasonable hours or at any time
when extreme danger exists, to enter any building in the discharge of his~ official duties or for
the purpose of making an inspection, reinspection or test of the installatIOn of electrical wiring,
devices, appliances and equipment contained therein. The Director of Building and Housing shall
have the authority to e-at-oF disconnect any wire in cases of emergencies where necessary to the
safety of life or property, or where such wire may interfere with the work of the Fire Department.
The Director of Building and Housing is authorized to disconnect or order discontinuance of
electrical service to any electrical wiring, device, appliance or equipment found to be èangefOHS
hazardous to life or property because they are èef߀tlve-m defectively installed or not adequatelv
inspected.
Item 112A
Page 3 of 6
- 3 -
¡.s,24Æã 15.24.040. LIABILITY AND RESPONSIBILITY FOR COMPLIANCE.
This chapter shall not be construed to relieve from or lessen the responsibility of any party owning,
operating, controlling, or installing any electrical wiring, electrical device or electrical materials for
damage to person or pro perth caused by any defect therein, nor shall the City or any officer or
employee thereof enforcing t is chapter be held as assuming any such liability bh reason of the
inspections authorized herein, or certificate of inspection issued in accordance wit the provisions
of this chapter.
¡.s,24.o4Q 15.24.045. PERMITS-REQUIRED WHEN.
A. No electrical wiring, devices, appliances or equipment shall be installed within or on any
building, structure or premises nor shall any alteration or addition be made in any such
existing wiring, devices, appliances or equipment without first securing a term it therefor
from the Department of Building and Housing, except as stated in Section 1 .24.050.
B. Permits shall be obtained before Ðf-uHh.Hime work is started, except in cases where
emergency or urgent necessity can be shown to exist, provided a permit is obtained within
twenty-four hours, exclusive of Saturdays, Sundays and holidays.
C. Permits for privately owned conduits or other materials in and across streets and allelcs may
be issued only after approval has been granted by the Director of Public Works or the
installation.
¡.s,24'o4,'i 15.24.050. PERMITS· NOT REQUIRED WHEN.
A. No permit shaH be required for minor repair work, such as repairing flush or snap switches,
replacing fuses or repairing lamp sockets and receptacles, providing such work is done in
accordance with the provisions 0 this code.
B. No permit shall be required for the replacement of lamps or the connection of portable
appliances to suitable receptacles which have been permanently installed.
C. No permit shall be required for the installation, alteration or repair of wiring, devices,
appliances or equipment for the operation of signals or the transmission of intelligence, not
including the control of lighting or appliance circuits, where such wiring, devices, appliances
or equi('ment operate at a voltage not exceeding twenty-five volts between conductors and
do not Include generating or transforming equipment capable of supplying more than one
hundred watts of energy.
D. No permit shall be required for the installation, alteration or repair of electrical wiring,
devices, appliances and equipment installed by or for a public service corporation in the
operation of signals of transmission of inteHigence.
E. No permit shaH be required for the installation of temporary wiring for testing electrical
apparatus or equipment.
F. The United States, the state, counties, cities, school districts and other public agencies shall
be exempt from payment of fees.
Item I/ZA
Page 4 of 6
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l.,5,24.~W 15.24.055. PERMITS-APPLlCATlON-CONTENTS REQUlRED.
Application for a permit, describing the work to be done, shall be made in writing to the Director of
Building and Housing. The application shall be accompanied by such plans, specifications and
schedules as may be necessary to determine whether the installation as described will be in
conformity with the requirements of this code. If it shall be found that the installation as described
will i.a--geflt!fffi generally conform with the requirements of this code, and if the applicant has
complied with all of the provisions of this code, a permit for such installation shall be issued;
provided, however, that the issuance of the permit shall not be taken as permission to violate any of
the requirements of this code. Applications for permits for electrical installations where the service
capacity exceeds two hundred amperes shall be accompanied by two sets of electrical line drawings
and load and distribution calculations showing service panel and branch panel capacities and
locations, service switch and branch switch capacities, conduit and feeder sizes.
1-5,24.~~ 15.24.060. PREV10USL Y USED MATER1ALS.
Previously used materials shall not be reused in any work without approval by the Director of
Building and Housing or his !!!! authorized deputy.
1-5,24.~ 15.24.065. FEES FOR PERMITS AND 1NSPECTIONS.
A. Fees for processing and inspecting electrical permits shall be as specified in the Master Fee
Schedule.
NOTE: Ampere rate shall apply to the secondary side of the transformer or transformers.
B. Reinspections. A reinspection fee of $-lS-..QQ $3~:O~ may be assessed for each inspection or
reinspection which such portion of work for w IC inspection is called is not complete or
when corrections called for are not made.
This subsection is not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with the reqUirements of this code, but as controlling the
practice of calling for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the permit card is not properly posted on the work
site, the approved plans are not readily available to the inspector, for failure to provide
access on the date for which inspection is requested, or for deviating from plans requiring
the approval of the Building Official.
In instances where reinspection fees have been assessed, no additional inspection of work
will be performed until the required fees have been paid.
C. Investigation Fees-Work Without a Permit.
1. Investigation. Whenever any work for which a permit is required by this code has
been commenced without first obtaining said permit, a special investigation shall be
made before a permit may be issued for such work.
2. Fees. An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee shall b8-tl~lmH·te
not exceed the amount of the permit required by the Master Fee Schedule. The
payment of such investigation fee shall not exempt any person from compliance with
all other provisions of this code nor from any penalty prescribed by law.
Item 112A
Page 5 of 6
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1....,24..(Jéá 15.24.070. PERMITS-NULL AND VOID WHEN-PERIOD OF VALIDITY-RENEWAL.
A. Expiration. Each permit issued by the Building Official under the provisions of this code
shall expire by limItation and become null and void if the building or work authorized by
such permit is not commenced within 180 days of the date of such permit or if the building
or work authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Work for which an ins ection a roval has not been
obtained shall be considered suspen e. e ore suc wor can e f6€Offiffi6H
recommenced, a new permIt shall be fIrst obtained and the fee shall be one-half the amount
reqUIred tor a new permit for such work; provided no changes have been made or will be
made in the original plans and specificatIons for such work and provided further that such
suspension or abandonment has not exceeded one year.
B. Suspension or Revocation. The Building Official may in writing suspend or revoke a permit
issued under provisions of this code whenever the permit is issued in error on the basis of
incorrect information supplied or in violation of any ordinance or regulation or any of the
provisions of this code.
I-S,24.m~ 15.24.075. INSPECTIONS.
All electrical work for which a permit is required shall be subject to inspection by the Director of
Building and Housing or his/her designee.
It shall be the duty of the person doing the work authorized by a permit to notify the I}ff-eÐt-ef
Department of Building and Housing that such work is ready for inspection.
It shall be the duty of the person requesting inspection required by this code to provide access to
and means for proper inspection of such work.
The electrical inspector shall have the authority to require removal of any obstruction that prevents
proper mspection of any electrical work.
l-S,24JJ7-!i 15.24.080. DISAPPROVED INSTALLATIONS-NOTIFICATION REQUIRED-CORRECTION.
If, upon inspection, the installation is not found to be fulJy-iH in full e-enfefH!ity conformance with
the provisions of this code, the Dir-ee{-ef-of-BuildiÐg-afld-Heusi~ electrical ins,ector shall at once
notify the person making the installation, statinft the defects whIch have been ound to exist. All
defects shall be corrected within ten days a ter inspection and notification, or within other
reasonable time as permitted by the I}ff-eÐt-er-of.ßffilèffig--aÐà-Meusing electrical inspector.
15,24.œIJ 15.24.085. DISTRIBUTION P ANELS-SEP ARATE REQUIRED WHEN.
Each store in a store building, each flat in a flat building, and each building used as a dwelling shall
be so wired that each store, apartment, flat or dwelling shall have separate lightintand/or power
distribution panels. Such panels shall not seIVe other portions of the building. otels, motels,
hotel apartments and similar types of buildings may be wired from one or more distribution panels.
g,24.œ.S 15.24.090. CIRCUIT CARDS TO BE POSTED WHEN.
When requested by the Director of Building and Housing, a complete schedule of circuits showing
the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to
rough inspection.
Item //2A
Page 6 of 6
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~.s,24,Q9Q 15,24,095. ELECfRIC FENCES·DEFINED·PROHIBITED,
A. As used herein, the term electric fence includes all fences which in any way use electrical
energy as an additional deterrent or have wires charged with electricity which are not
covered with adequate insulation to protect persons and animals coming in contact
therewith.
B. No electric fence may be constructed, maintained or operated within the City.
~.s,24-'J9ð 15,24.100. PHASE ARRANGEMENT-AMENDED,
Section 384-3(f) of the -1-987 .!22.Q National Electrical Code is hereby amended to read:
Phase Arrangement. The (¡hase arrangement on three-phase buses shall be A, B, C from front to
back, top to bottom, or Ie t to right, as viewed from the front of the switchboard or panelboard.
The C phase shall be that phase having the higher voltage to ground on three-phase, four-wire
delta-connected systems. Other busbar arrangements may be permitted for additions to existing
in!itallations and shall be marked.
COMMUNICATION SYSTEMS-DELETED.
Chapter 8 of the 1987 National Electrical Code is hereby deleted.
SECTION II. FINDING AND DECLARATION. TilE CITY COUNCIL OF TilE CITY OF CHULA VISTA
SPECIFICALLY AND EXPRESSLY FINDS AND DECLARES TIIAT TilE NATURE AND UNIQUENESS OF TilE
CLIMATE, TERRAIN AND LOCATION DOES NECESSITATE AND DEMAND SPECIFIC AMENDMENTS TO
TilE NATIONAL ELECfRICAL CODE, 1-98-' .!222 EDITION WIIICII ARE NOTED IN THE CHULA VISTA
MUNICIPAL CODE AND RESTATED IN THIS ORDINANCE.
SECTION III, TlIIS ORDINANCE SIIALL TAKE EFFECT AND BE IN FORCE ON TIlE TlIIRTY·FIRST DAY
FROM AND AFTER ITS PASSAGE AND APPROVAL.
PRESENTED BY: APPROVED AS TO FORM BY:
Kenneth G. Larsen, C.B.O. Bruce Boogaard
Director of Building and Housing City Attorney
BWR:yu
QM_EC2.DOC)