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Home My WebLink AboutORD NO 4347 ORDINANCE NO. 434'1 AN ORDINANCE AMENDING SECTIONS 15.04.120, 15.20.010, 15.24.010 AND 15.24.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BUILDING AND CONSTRUCTION ISSUES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.04.120 is hereby amended to read as follows: 15.04.120 Board of Building Appeals-Powers and duties. A. There is hereby created the City Board of Building Appeals consisting of seven members who shall be qualified by training and experience in building construction or the building trades. All seven members shall be appointed by and serve at the pleasure of the City Council. As soon as practical after the appointment of the first Board, the Board shall meet and organize. Thereafter, the Board shall have the powers granted, and shall assume the duties, responsibilities and functions imposed by the buildings and construction code upon the board. The Building Director shall be a nonvoting, ex officio mernber and shall act as Secretary of the Board. B. The Board of Building Appeals shall resolve all appeals relating to the suitability of alternate materials and methods of construction arising under this title and shall determine reasonable interpretations of the provisions of the buildings and construction code. The Board shall adopt reasonable rules and regulations, consistent with the purposes of such code, for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairman and secretary in all cases, to the Building Director, and serve a copy on the appellant. The Board may study and recommend to the City Council new legislation consistent with its purposes and function. C. The Board of Building Appeals created in subsection A of this section shall have the responsibility of hearing and deciding appeals of any interpretations of the rules made by the Building Director, for resolving decisions made by the Building Director upon the approval of equipment and materials and for resolving any questions concerning the granting of the special permission conternplated in a number of rules or suitability of alternate methods, in connection with the California codes adopted pursuant to Title 15 of this code. D, The Board of Building Appeals shall have the power and duty to: 1. Provide for final interpretation of the provisions of the uniform codes adopted by the City and to hear appeals resulting from hearings on the abatement of nuisances, where applicable, as provided in Chapter 8,80.110 of this code; A.K ,'ò ~» <. <.r C -t\ 0>- Page 1 of4 iT< ?, (ç- -ORIGifJAI 2. Hear appeals from decisions of the Building Director on matters pertaining to the moving of dwellings and buildings accessory thereto in the interpretation of Sections 15.44.060 and 15.44.090; 3. Hear all complaints brought by residents of the project area of the redevelopment agency and review determinations by the redevelopment agency as the relocation appeals Board, established pursuant to Section 33417.5 of the Health and Safety Code and pursuant to the powers of the City as a charter city; 4. Hear appeals from the City by persons applying to such Board who are aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by Chapter 16 (Relocation Assistance) of Division 7, Title 1 (commencing with Section 7260) of the Government Code; 5. Make such investigations as it deems advisable concerning housing conditions in the City and report its findings to the Council; 6. Act in an advisory capacity to the Council on matters pertaining to the financing of housing and related construction, housing conditions, enforcement of the Uniform Housing Code and recommend to the Council the adoption, arnendment or repeal of legislation pertaining thereto; 7. Perform such other functions and duties as may be delegated to it by the Council by ordinance or otherwise; 8. Adopt such rules and regulations consistent with laws as it sees fit to conduct all business that may come before it; 9. Conduct hearings on matters pertaining to the standards for reinforcing of unreinforced masonry bearing wall buildings contained in Chapter 15.40. In the conduct of such hearings, the City shall retain a structural engineer (selected in rotation from a list recommended by Structural Engineers Association of California (SEAOC) hazardous building subcommittee) to review each appeal and submit a written report to the Appeals Board for its consideration at the hearing. SECTION 2. Section 15.20.010 is hereby amended to read as follows: 15.20.010 Adoption. Except as otherwise provided in this chapter, that certain housing code known and designated as the Uniform Housing Code, sponsored and copyrighted by the International Conference of Building Officials, 1997 Edition, a copy of which is on file with the building department of the City of Bakersfield for use and examination by the public, is adopted by reference as modified and amended in this chapter and is declared to be the housing code of the City for the purpose of providing requirements for the protection of life, limb, health, property and safety and welfare of the general public and the owners and occupants of residential buildings. Page 2 of 4 'òA.Kt.:-s> ~ ·,r "'~J "--(1 ~ m ,-' ::s (:- OR¡llii<.JA¡ -~.- .,__..__.__".__._._"~.____ ~_.___..___"_.,.,.,_ ~.__.~___._. ·_._"_.,w.~'·..,~,.._~...~_~~.~_ SECTION 3. Section 15.24.010 is hereby amended to read as follows: 15.24.010 Adoption. Except as otherwise provided in this chapter, that certain code entitled Uniform Code for the Abatement of Dangerous Buildings, sponsored and copyrighted by the International Conference of Building Officials, 1997 Edition, a copy of which is on file with the building department of the City of Bakersfield for use and examination by the public, is adopted by reference and enacted as the Uniform Code for the Abatement of Dangerous Buildings of the City, for the purpose stated therein and with the exceptions and subject to the arnendments and deletions of the provisions thereof provided in this chapter. SECTION 4. Section 15.24.020 is hereby arnended to read as follows: 15.24.020 Deletions. The following Chapters and Sections of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are not adopted as part of this chapter and are deleted: Section 202, Enforcement, Abatement of Dangerous Buildings; Section 205, Enforcernent, Board of Appeals; Chapter 4, Notices and Orders of Building Official; Chapter 5, Appeal; Section 602, Procedures for Conduct of Hearing Appeals, Forrn of Notice of Hearing; Section 605, Procedures for Conduct of Hearing Appeals, Method and Form of Decision: Section 701.3, Enforcement of the Order of the Building Official or the Board of Appeals, Failure to Commence Work; Chapter 9, Recovery of Cost of Repair or Demolition. SECTION 5. This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. m_-OoOOo·...· Page 3 of 4 X ,?>A.K(:1' , o t!~'", 0>- I:: ,=, C (" ORiGINAl "- -.'., .-..--.--.'"-..----.,-.-.,. -.-...---- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted b\l the Council of the City of Bakersfield at a regular meeting thereof held on IUN 2 1 ZOV6 by the following vote: ~. ABSTAIN. ABSENT. 0/ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ,/' ..---- ~ .,/ ~ ~' _..~._--'--'---.--- CITY CLERK and EX OFFICIO Council of the City of Bakersfiel APPROVED: JUN 2 1 2006 HARVEY L. HALL, Mayor CITY OF BAKERSFIELD By: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: -ü / /' /, I'U/l/C- --"-~........ JANICE SCANLAN Assistant City Attorney JS:MR:dll S:\CQUNCIL\Ords\05-06 Ords\ 15.04_ 120+Bldg&ConstrCodeEnf.Fnl.doc Page 4 of 4 ,<>"K"1> '< tP <:,> ~ >- rn ,- ,- '- ~'" ,.:; OR\l;\I~Al' AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 22nd day of June, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4347 passed by the Bakersfield City Council at a meeting held on the 21st day of June. 2006 and entitled: ORDINANCE AMENDING SECTIONS 15.04.120, 15.20.010 15.24.010 AND 15.24.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BUILDING AND CONSTRUCTION ISSUES PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ ~~ DEPU City erk S:\DOCUMENT\FORMSIAOP. ORD .wpd .. ,?>A.K¿:.<; (; 'T(ý -~~ >- .. 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