HomeMy WebLinkAboutORD 309ORD 309ê79wR ×P ï Ï ORDINANCE NO, 309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTIONS 8100, 8101, 118M,
8103 AND 6104 OF THE BALDWIN PARK MUNICIPAL CODE
AND REPEALING AND RESCINDING SECTIONS 8100.1,
8101.5, 8102,1 AND SECTIONS 8105 THROUGH 8173,
INCLUSIVE, ALL RELATING TO THE ADOPTION OF THE
UNIFORM BUILDING CODE, 1961 EDITION, VOLUME l.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES OR-
DAIN AS FOLLOWS:
SECTION 1. That Section 81(10 of the Baldwin Park
Municipal Code is hereby amended to read as follows:
8100. Adoption of Uniform Building Code. Subject to
certain changes and amendments, as hereinafter set forth,
the City Council of the City of Baldwin Park does hereby
adopt, as the building regulations for said City the Uni-
form Building code, 1961 Edition, Volume I", copyrighted
and adopted by the International Conference of Building
Officials, which said Code consists of a published comp.l.ation
of rules, regulations and standards, pertaining to the erec-
tion, construction, enlargement, alteration, repair, moving,
demolition, conversion and maintenance of all buildings
and structures, and declaring and establishing the types
of buildings which may be constructed in established fire
zones. Said Uniform Building Code is made a part hereof
as if set forth in full in this Chapter. Three copies of
said Uniform Building Code, as above described, are on
file in the office of the City Clerk of said City, and are
available for public inspection,"
SECTION 2. That Section 8101 of the Baldwin Park
Municipal Code is hereby amended to read as follows:
8101. Same. Amendments to Certain Sections of the
Uniform Building Code. The following sections of the Uni-
form Building Code, which is adopted by Section 8100 here-
of, are hereby amended to read as follows:
a) Section 202. a) General. The building official
is hereby designated as the enforcement officer of the
provisions of this Code,
b) Section 202(f). Occupancy Violations. Whenever
any building or structure is being used contrary to the
provisions of this Code, the building official may order
such use discontinued and the structure, or any portion
thereof, vacated by the person so using it. Such order
shall be in writing, and shall be served upon such person
by United States mail, postage prepaid, return receipt
requested, addressed to such person at his last known
address. Such person shall discontinue the objectionable
use within a period of not to exceed ten days after the
FIRST REl1DINrz
s~: I
ORD 309ê79wR ×P ï Ï tion shall be made by majority vote of the Council and
shall be final anti conclusive.
c) Section 302. e) Denial and Revocation. The
building official shall have the authority to deny the
issuance of a building permit, or to revoke a building
permit issued under the following circumstances: 1)
whenever a building permit has been issued in error, or
upon the basis of incorrect information supplied by the
applicant, or in violation of any provision of this Code
or of the Baldwin Park Municipal code, the building
Cfficial shall revoke the same. Revocation shall be ac-
complished by written notice to the licensee by United
States mail, postage prepaid, return receipt requested,
addressed to the licensee at his last known address. Said
notice shall contain the basis for the action taken. 2)
The building official shall deny any application for a
building permit where the issuance thereof would, or could,
result in the violation of any provision of this Code or
of the Baldwin Park Municipal Code; or if he shall find
that such issuance would be detrimental to the public
welfare or safety.
Any person aggrieved by the action of the building
official in denying an application for a building permit
or in revoking an existing building permit, shall have
the right of appeal to the City Council. Such appeal
shall be made in writing and filed with the City Clerk.
Upon receipt of such an appeal by the City Clerk, the matter
shall be set for hearing before the City Council as soon as
is practicable. The Clerk shall notify the applicant and
all other persons requesting such notice of the time and
place of such hearing. At said time and place of hearing,
the City Council shall review the action of the building
official and shall afford the applicant or any other
interested person a reasonable opportunity to be heard in
connection therewith. If the City Council finds that the
action of the building official is reasonable and is in
conformity with the provisions of this Code and the Bald-
win Park Municipal Code, it shall uphold the decision of
the building official. If such finding is not made, it
shall reverse the decision of the building official. The
action of the City Council shall be final and conclusive.
e) Section 303.(a). Plan Checking Fces. When the
valuation of the proposed construction exceeds $1,000
and a plan is required to be submitted by subsection c)
of Section 301 hereof, a plan checking fee shall be paid
to the building official at the time of submitting the plans
and specifications. Said plan checking fee shall be in
an amount equal to one-half of, and shall be paid in
addition, to.,the building permit fee set forth in Table No.
3-A except as hereinafter provided. When an applicant
uses approved standard plan" on which the prescribed
plan checking fee has been paid, for identical structures
elsewhere, the plan checking fee for each such duplicate
structure shall be equal to one-half of the full plan
checking fee as set forth hereinabove. Standard plans"
shall be compared, stamped and kept on the job as required
ORD 309ê79wR ×P ï Ï 1) Curbs, gutters and sidewalks on one-half acre
lots, or larger, in the A-1 zone, shall only be required
on the street frontage, 100 feet directly in front of
the proposed structure.
2) Curbs and gutters only shall be required in
M-1 and M-2 zones.
b) Construction of Improvements. 1) Location,
To insure uniformity of development and adaptation to
local conditions, curbs, gutters and sidewalks shall be
located in the areas designated by the City Engineer.
i) Public Right of Way. Curbs, gutters and
sidewalks shall. be constructed within the
dedicated public right of way, except as
hereinafter provided.
ii) Insufficient Right of Way. Whenever the pub-
lic right of way is iusufficient to
permit the location therein of said improve-
ments, said improvements shall be constructed
wholly or partially on private property, and
thereafter, the improvements so located on
private property, shall be deemed the property
of the property owner and shall be maintained
by him until such time as an offer of dedica-
tion, as to the improvements and right of way,
is made by the owner and accepted by the City.
2) Standards of Construction. Curbs, gutters and
sidewalks shall be constructed in accordance with City
standards thereof.
3) Width of Sidewalks. i) Residential Zones.
Sidewalks in all residential zones shall be a minimum
width of five 5) feet, except where a greater or lesser
width is authorized by the City Engineer, in order to
adapt the width of sidewalks to existing local conditions
and situations.
ii) Commercial Zones. Sidewalks in zones C-P, C-1,
C-3, C-M and M-P shall be constructed in and along the en-
tire width of all parkway areas, abutting the lot or lots
for which a building permit is issued, except such portions
of the parkway area in which the owner desires to install
landscaping, the plans for which have been submitted to the
City Council for approval..
4) Faulty or Defective Curbs, Gutters or Sidewalks.
Whenever the Building Official finds that existing curbs
or gutters or sidewalks or driveway approaches, or any of
them, are faulty or defective and represent a danger to
public safety, he shall condition the issuance of any
building permit so as to require the repair, or rcanoval
and reconstruction of said improvements.
5) Driveway. Width, Spacing. The width and spacing
ORD 309ê79wR ×P ï Ï by subsection b) of Section 302 of this Code. Any de-
viation from an approved standard plan" shall require
the payment of the full plan checking fee. A'Standard
Plan" shall be valid for a period of onu year from the
date of approval. This date may be extended by the
building official when said plans are continually in
use, but for a period of not to exceed 18 months from
the date of approval 0:E the original.
g) Section 304(f). Written Application and Fees.
Any application for final inspection shall bQ., made in
writing, upon a form to be prescribed by the building
official. No final inspection shall be conducted until
such written application has been filed with the building
official. After any project has been inspected twice
for the same purpose, and still shall not have been in
such condition so as to permit the approval thereof, an
additional inspection fee in the sum of $5,00 shall be
paid to the building official in advance, for each addi-
tional inspection required over and above the first two
such inspections. When the particular phase of construc-
tion is not ready for an inspection at the time that the
applicant calls for the same, an additional fee of $2.50
shall be paid to the building official before said inspec-
tion shall be made,
h) Section 306.(f). Compliance. No certificate
of occupancy shall ire issued, nor shall any approval
be given for the connection of any utility, to any build-
ing or structure until the owner or contractor shall have
removed all debris from the: premises and shall have Ion-
structed and installed any required driveways and parking
areas in accordance with city standards.
i) Section 61601 a). Fire Zones Established. For
the purpose of this Code, the entire city is hereby de-
clared to be in a singl,. fire zone, to-wit, Fire Zone No.
3.71
SECTION 3. That Sections 8103 and 8104 of the Bald-
win Park Municipal Code are hereby amenduct to road as
follows
8103, Conflict With Zoning Provisions. In the case
of any conflict between the provisions of this Chapter
and the provisions of Baldwin Park Municipal Code relating
to zoning regulations, the: latter shall control."
8104. Conditions of Issuance of Building Permits.
a) Improvements Required. Any building permit,
issued pursuant to the provisions of this Code, for the
construction or reconstruction of any building or structure,
the estimated cost of which is in exc-ass of $1,000.00, shall
be issued subject to the condition that the permute. shall
construct and install curbs, gutters and sidewalks at his
sole expense, in and along all street frontage abutting the
lot or lots on which the. building or structure is located
or to be located, except that:
ORD 309ê79wR ×P ï Ï mailing of such notice; or in the alternative, such
person shall take the action necessary to insure that
the said building or structure or portion thereof,
complies with the requirements of this Code.
c) Section 203. b) Notice To Owner. When the
building official shall determine that a building or
structure, or portion thereof, is an unsafe building as
defined in this Code, he shall thereupon give written
notice to the owner of such building or structure,
stating the reasons which in his opinion constitute the
same as an unsafe building. Said notice shall in writing
and shall be served by United States mail, postage pre-
paid, return receipt requested, addressed to the owner at
his last known address. Said notice shall require the
owner, or person in charge of the said building or prem-
ises, to commence either the required repairs or improve-
ments, or the demolition and removal of said building or
structure or portion thereof, and shall designate a period
of time within which such activity shall take place, not
less than 48 hours in cases of extreme emergency, nor a
period of longer than 90 days from the date of mailing
of such notice. If an emergency situation occurs, with
respect to an unsafe building, the building official,
as part of the notice hereinabove referred to, shall re-
quire the building, structure or portion thereof, to be
vacated forthwith and not reoccupied until the repairs
and improvements are completed, inspected and approved by
the building official.
Any person aggrieved by the decision of the building
official, with reference to an unsafe building, shall have
the right of appeal to the City Council. Said appeal
shall be in writing and shall be submitted to the City
Clerk, who shall thereupon set the matter upon the Council's
agenda for hearing thereupon. The City Clerk shall give
ten days' notice to the applicant, and any person request-
ing such notice, in writing, by United States mail, post-
age prepaid, return receipt requested at said individual's
last known place of residence,
The City Council at the time set for said hearing,
shall determine whether the decision of the building offi-
cial was reasonable and proper in view of the provisions
of this Code and the provisions of the Baldwin Park
Municipal Code. The Council shall afford the applicant
and any other interested party a reasonable opportunity
to present evidence bearing upon the question of the
building or structure being an unsafe building.
u) Section 204. Interpretation of Code. The City
Council, upon the recommendation of the building official,
shall determine the suitability of alternate materials,
and types of construction, and shall provide any interpre-
tation of any of the provisions of this Code which may be
required in the interest of clarity. Decision of the City
Council with respect to any matter of interpretation or
suitability of alternate materials and types of construc-
ORD 309ê79wR ×P ï Ï of all driveways shall be in accordance with the following
a) DEFINITION.
Driveway" means that portion of the road right of way
between the right of way line and curb, or between
the right of way line and pavement if no curb exists)
where motor vehicles enter or leave the highway onto
private property.
b) WIDTH OF DRIVEWAY.
1. The width of an individual driveway is the net
width thereof, exclusive of side slopes and
returns, measured along the curb line or center
line o£ the hibhway. No driveway shall be
constructed less than ten 10) feet in width.
2. Residential Driveways:
a. The maximum width shall be twenty 20) feet.
b. The sum of all driveway widths is limited to
4070 of the property frontage.
3. Commercial Driveways:
a. Maximum width of driveways:
i) If lot frontage is less than 100' 30'
width
ii) If lot frontage is 100' or more 30'
width or 307, of front footage, whichever
may be greater) but not to exceed a
maximum of 00 feet in width
iii) Maximum width for schools and parks
shall be 30'
b. The sum of all driveways on one lot or parcel
is limited to 60% of the property frontage.
SECTION 4. That the City Clerk shall certify the
adoption of this ordinance and cause the same to be published
or posted in the manner prescribed by law.
PASSED and APPROVED this 6th day of November
1963.
V r6!>
Y R
ATTEST:
CITY CLERK
ORD 309ê79wR ×P ï Ï STATE OF CAL IKORNIA
COUNTY OF LOS ANGELES I SS,
CITY OF BALOW IN PARK
1, tHELMA L. BALKUS, City Clerk di the City 6f BAIddNlh bat"k,
do hereby certify that the foregolhg Ordidanto No. i09 was regularly
introduced and pladod upon its first reading at a regular meeting of
the City CoUhcil on the 2nd day of October 1963. That,
thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Counci I on the 6th day of November 1963,
by the following vote:
AYES; COUNC ILMEN HOLMES, MOREHEAD, BISHOP, TAYLOR AND MAYOR BLOXHAM
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
City Clerk
ORD 309ê79wR ×P ï Ï
ORD. NO. 3 o 9
CERTIFICATE OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
1 hereby CERTIFY that I am the
duly elected and qualified
City Clerk of the City of Baldwtn Park; that on the
16 day of November
196_a, I caused to be posted in three conspicuous
places a copy of Ordinance
No. 3o~q, as required by law and the Baldwin
Park Municipal Code.
LMA L.
BALKUS, C ty C erk
Subscribed and sworn to before me this
day of
s: v t,~o<< ry Public
State of California Prlnc1p*-fflce,'Los Angeles county
EVA ELDER PUGH, Notary Public,
State of California Principal Office, Los Angeles county
My Commission Expires March 6, 1967
465 7 North Merced Ave.. Baldwin Park. Calif.
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