HomeMy WebLinkAboutOrd 1999-2784-AORDINANCE NO. 2784-A
AN URGENCY ORDINANCE OF THE CITY QF CHULA VISTA
AMENDING CHAPTER 15.20 OF THE CHULA VISTA MUNICIPAL
CODE ADOPTING THE CALIFORNIA HOUSING CODE, 1998
EDITION AND THE UNIFORM HOUSING CODE, 1997 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended to read
as follows:
CHAPTER 15.20
HOUSING CODES
Sections:
15.20.010 California Housing Code, 1998 Edition and Uniform Housing Code, 1997
Edition, adopted by reference.
15.20.020 Section 201.1 amended to Designate Assistant Director of Planning and
Building as "Building Official."
15.20.030 Section 203.1 amended to Designate Board of Appeals as "housing
advisory and appeals board".
15.20.040 Section 304 added to Require Annual Housing Permit.
15.20.050 Section 305 added to Require Housing Permit Fees to be Set by City's
Master Fee Schedule.
15.20.060 Section 306 added to Require Suspension or Revocation of Annual
Housing Permit Where Operation is Non-Conforming.
15.20.010 California Housing Code, 1998 Edition and Uniform Housing Code, 1997
Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as
the California Housing Code, 1998 Edition and Uniform Housing Code, 1997 Edition as
copyrighted by the International Conference of Building Officials. Said document is hereby
adopted as the Housing Code of the City of Chula Vista, California providing for the issuance
of housing permits and providing the minimum requirements for the protection of life, limb,
health, property, safety and welfare of the general public and the owners and occupants of
residential buildings in the City of Chula Vista, and the regulations, provisions, penalties,
conditions and terms of said California Housing Code, 1998 Edition and Uniform Housing
Code, 1997 Edition, are hereby referred to, adopted, and made a part hereof, as though fully
set forth herein, excepting such portions as are hereinafter deleted, modified or amended.
15.20.020 Section 201.1 amended to Designate Assistant Director of Planning and
Building as "Building Official."
Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as
follows:
Section 201.1 Authority. The building official is hereby authorized and directed to
Ordinance 2784-A
Page 2
enforce all the provisions of this code. For such purpose, the building official shall have the
powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code and to
adopt and enforce rules and regulations supplemental to this code as may be deemed
necessary in order to clarify the application of the provision of this code. Such interpretations,
rules and regulations shall be in conformity with the intent and purpose of this code. The
building official shall be the assistant director of planning and building.
15.20.030 Section 203.1 amended to Designate Board of Appeals and Advisors as
"housing advisory and appeals board."
Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it
applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions of the code which create practical
difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby
established a Board of Appeals and Advisors consisting of seven members who are qualified
by experience and training to pass upon matters pertaining to building construction, use and
occupancy of residential structures. The assistant director of planning and building shall be
an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the
Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by
the City Council. The Board shall render all decisions and findings in writing to the assistant
director of planning and building with a duplicate copy to the appellant. Appeals to the Board
shall be processed in accordance with the provisions contained in Section 1201 of this code
or in accordance with such procedures as may be prescribed by the City Attorney of the City
of Chula Vista. The decision of the Board is final. The Board of Appeals and Advisors shall
recommend to the City Council such new legislation deemed necessary to govern
construction, use and occupancy of residential structures, in the City of Chula Vista.
15.20.040 Section 304 added to require Annual Housing Permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code,
as it applies in Chula Vista, which Section shall read as follows:
Annual Housing Permit.
Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation,
either for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, lodging house or hotel without first obtaining a housing permit
therefor.
Section 304.2 The Annual Housing Permit provided for in this code shall be due and
payable to the City of Chula Vista on the first day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section 304.3 If any person, firm, partnership or corporation commences the operation
Ordinance 2784-A
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of an apartment house or hotel during the calendar year, the housing permit shall be prorated
on a quarterly prorata basis for the calendar year.
Section 304.4 A permit to operate and maintain an apartment house or hotel is not
transferable.
15.20,050 Section 305 added to require Housing Permit Fees to be Set by City's
Master Fee Schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code,
as it applies in Chula Vista, which Section shall read as follows:
Housing Permit Fees - Apartment Houses, Lodging Houses, Hotels and Motels.
Section 305.1 The fee for a Housing Permit required by Section 304 of this ordinance
shall be as presently designated, or as it may hereafter be amended as set forth in the Master
Fee Schedule of the City of Chula Vista.
For the purpose of this section, a "unit" shall mean each apartment in an apartment
house, each sleeping room in a hotel, motel, and lodging house, and each apartment and each
hotel, motel sleeping room in a building containing both apartments and hotel/motel sleeping
rOOmS.
Separate apartment house building and separate hotel/motel building, or combination
thereof, located upon a single parcel of land or contiguous parcels of land, under the same
ownership, shall be treated as one apartment house, or hotel for the purpose of computing the
fee prescribed by this section.
Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on
or before the thirtieth (30th) day of tile month following the date when it became due, then
a penalty in an amount equal to twenty-five percent (25%) of the permit fee due and payable
shall be added thereto, and no such permit shall be issued until such penalty has been paid.
Section 305.3 The assistant director of planning and building shall cause to be made
such inspections, at such intervals, as shall be deemed necessary to insure compliance with
the provisions of this code.
15.20.060 Section 306 added to require Suspension or Revocation of Annual
Housing Permit Where Operation is Non-Conforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code,
as it applies in Chula Vista, which Section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging house, hotel or
motel is not being conducted in conformity with this code, the annual housing permit to
operate shall be subject to revocation or suspension by the building official.
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SECTION II. FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that
the nature and uniqueness of the climate, terrain, and location does necessitate and demand
specific amendments to the California Housing Code, 1998 Edition and the Uniform Housing
Code, 1997 Edition which are noted in the Chula Vista Municipal Code and restated in this
Ordinance.
SECTION Ill. URGENCY FINDINGS.
The City Council does hereby declare that this ordinance is necessary as an emergency
measure in order to preserve the public peace, health, safety, and general welfare. The
reasons for such urgency are as follows: the State of California has mandated that each
jurisdiction within the State adopt the various 1997 Editions, Uniform codes, including the
Uniform Housing Code no later than July 1, 1999, The enactment of this ordinance by July
1, 1999, will ensure compliance with State mandates.
SECTION IV. EFFECTIVE DATE.
Pursuant to the provisions of Charter Section 311 (d) and 312(d)(4), this ordinance shall take
effect and be in full force and effect on July 1, 1999 if passed by at least four (4) affirmative
votes of the City Council as an urgency measure.
The regular ordinances will also be included as they presently are.
Presented by
Approved as to form by
Robert Leiter
Planning and Building Director
J. Kaheny ,/~
, rney
Planning and Building Assistant Director/Building Official
Ordinance 2784-A
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of May, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ABSTAIN: Councilmembers: None
ATTEST:
Mary Sala.Uf2'Deputy Mayo;
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No.2784-A was passed as an urgency measure on the 25~h day of May, 1999.
Executed this 25~h day of May, 1999.
Susan Bigelow, City Clerk