Ordinance 569
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ORDINANCE NO. 569
AN ORDINANCE AMENDING ORDINANCE NO. 436 OF THE CITY OF GILROY
BY ADOPTING THE UNIFORM BUILDING CODE, 1958 EDITION, BY THE
PACIFIC COAST BUILDING OFFICIALS CONFERENCE AND REPEALING
SECTION ONE OF ORDINANCE 514 OF THE CITY OF GILROY.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO ORDAIN
AS FOLLOWS:
SECTION 1: For the purpose of setting forth proper
regulations for the protection of public health and safety,
regulating the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area, and maintenance of buildings
and/or structures in the City of Gilroy; providing for the
issuance of permits and collection of fees therefor; declaring
and establishing Fire Districts; providing penalties for the
violation thereof, and repealing all ordinances and/or parts
of ordiances in conflict therewith, the Uniform Building Code,
1958 Edition, and the appendix thereto, sponsored by the
Pacific Coast Building Officials Conference, is hereby adopted
with the following exceptions and exclusions:
1. The provisions of Ordinance 390 of the City of
Gilroy shall not be and are not altered, amended,
changed, or repealed and shall remain in full
force and effect, the same as though this
Ordinance No. 569 was never adopted.
2. The second paragraph of Section 205 of said
Uniform Building Code is not a part of this
Ordinance, the same being replaced by Section
3 of this Ordinance, hereinafter set forth.
3. From exception No.1 to Section 2003 (a) shall
be deleted and not made a part of this ordi-
nance the last four words I1where openings are
permitted".
4. The second paragraph of Section 2103 (a) of
said Uniform Building Code 1958 Edition i's
not adopted but in its place and stead there
is hereby substituted and made a part of this
ordinance the following:
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"In Fire Zone No. 2 exterior walls within
five feet (5') of a property line shall
be of not less than two hour fire resis-
tive construction and exterior walls
within twenty feet (20') of a property
line, but not closer than five feet (5')
shall be of not less than one hour fire-
resistive construction."
5. There is hereby added to the first para-
graph of Section 220j (a) of said Uniform
Building Code the following sentence:
"Every exterior wall within five feet
(5') of a property line shall be of not
less than two hour fire-resistive construc-
tion.
6. In Table No. 5-A in the column headed "Fire
Resistance of Exterior Walls", there is
hereby inserted the words "2 hour less
than 5 feettl opposite Fire Zone No. 2
for all divisions of Group F. occupancies.
7. In all Group F occupancies in either No.1
or No.2 Fire Zones, openings in exterior
walls five feet or more from the property
line may be unprotected but only if, and
as long as, there is no building opposite
said wall within ten feet (10') of said
wall and shall be subject to this additional
provision: Any applicant for a bUilding
permit to construct a building in Fire
Zones No. 1 or No. 2 with a exterior wall
to have unprotected openings within ten
feet of the property line shall agree in
the application for the permit to forthwith
construct or provide protected openings
for such wall when and if any building is
constructed opposite said wall within ten
feet (10') thereof as a condition to the
granting of the permit.
SECTION 2: There shall be and is hereb,y added to
Chapter 3 of said Uniform Building Code and made a part of this
Ordinance an additional subdivision or section to be known as
Section 30le, to read as follows:
Section ~Ole. It is hereby declared that the erec-
tion or location of shacks or other unsightly build-
ings in the City of Gilroy for dwelling purposes,
hinders the orderly and harmonious development of
the city, may increase the fire hazard and tend to
spread disease, impair the desirability of resi-
dences, occupation or investment in the City, limit
the opportunity to attain the optimum use of land
and improvements, lessen the enjoyment of property,
and is detrimental to the health, safety and general
welfare, and that it is desirable and in the public
interest to make reasonable provisions to avoid such
results.
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In case an application is made for a permit
to erect, ccnstruct or establish a dwelling
in the City of Gilroy, except adjacent to
any State Highway, the application shall be
accompanied by drawings and scetches showing
the front, side and rear elevations of the
building, structure or other building as tile
same will appear after the work for which
the permit is sought has been completed.
In addition to specifications, such work
and specifications shall be referred to the
Building Inspector in an endeavor to provide
that such buildings, structures and other
improvements shall be so designed and con-
structed that they will not be of unsightly,
undesirable, obnoxious appearance or detri-
mental to the public welfare. To this end
the Building Inspector shall suggest any
changes in the plans of such proposed
bUildings, structure, and/or other building
as he may deem to be necessary to accomplish
the purposes of this section, and shall not
approve any such plans or issue any permit
until he is satisfied that such purposes
will be served thereb,y. In case the appli-
cant or any property owner adversely effected
is not satisfied with the action of the
Building Inspector, he may within thirty
(30) days after such action appeal in writ-
ing to the Common Council. Said Common
Council shall hold a hearing on said appeal
and shall render its decision thereon within
thirty (30) days after the filing thereof.
No.permit, as provided herein, shall be
, issued unless the plans and specifications
filed with the application therefor, as
required in this section, shall first have
been approved by the Common Council. Upon
such approval such permit shall be issued.
SECTION 1: Any person, firm partnership, or cor-
poration violating any of the provisions of this ordinance shall
be, deemed guilty of a misdeameanor and upon conviction thereof
shall be punished by a fine or not more than One Hundred ($100.00)
Dollars or by imprisonment in the City Jail for a period of not
more than thirty (30) days, or by both such fine and imprison-
ment. Each day or fraction thereof any person, firm, partnership,
or corporation shall violate any of the provisions hereof shall
be considered separate and distinct offenses.
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SECTION 4: Section 1 of the Ordinance 514 of the
City of Gilroy is hereby repealed.
SECTION 5: Ordinance No. 514 of the City of Gilroy
is hereby repealed, and all ordinances or parts of ordinances
in conflict with or inconsistent with the provisions of this
ordinance are hereby repealed.
SECTION 6: This Ordinance shall take effect and be
in force from and after its passage and approval.
ADOPTED AND PASSED this 7 day of April, 1958, by the
following votes:
A YES :
Councilmen:Pate,Rush, Petersen,
';,ventworth, Gallo, and Sanchez
NO ES :
Councilmen: None
ABSENT:
Councilmen: None
APPROVED:
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MktOR
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ATTEST:
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G. B. CAR, City Clerk
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