Ordinance 1999-07EMERGENCY ORDINANCE NO. 99-7
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GILROY AMENDING SECTION 6.1 OF THE
GILROY CITY CODE TO ADOPT THE UNI]7ORM CODE FOR
BUILDING CONSERVATION AND THE CALIFORNIA
HISTORICAL BUILDING CODE AND TO DELETE THE
UNIFORM SWIMMING POOL AND UNIFORM ENERGY
CODES.
Whereas, the City of Gilroy intends to add the Uniform Code for Building Conservation,
1997 Edition, pubhshed by the International Conference of Building Officials and the Califomia
Historical Building Code, published by tbe Division of the State Architect and being Title 24 of the
California Code of Regulations, part 8, to be enforced by the City; and
Whereas, the Chief Building Official for the City of Gilroy has determined that the Uniform
Swimming Pool and Uniform Energy Codes are no longer required for enforcing and protecting the
public health, safety, and welfare because the provisions of said Codes are now included in other
existing Codes; and
Whereas, Califomia Government Code section 50022.2 authorizes cities to enact an
ordinance which adopts by reference any federal or State compilation of nniform roles and
regulations, thereby making those roles and regulations a part of the City's own Code with the same
force and effect as though set out in full by the adopting ordinance; and
Whereas, the City Council held a duly noticed public hearing on June 21, 1999; and
Whereas, a copy of each of the Uniform Code for Building Conservation and the Califomia
Historical Building Code, is on file with the City Clerk and available for public inspection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I: This project is exempt fi:om the provisions of the Califomia Enviromnental
Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen
with certainty that there is no possibility that the amendments herein adopted will have a significant
effect on the environment.
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SECTION II: Section 6.1 of the Gilroy City Code is hereby amended to add those certain
codes and delete those certain codes as described above, and Section 6.1 is hereafter restated in its
entirety:
"ARTICLE I. UNIFORM CONSTRUCTION CODES
Sec. 6A Uniform Construction Codes adopted, subject to amendment, by resolution.
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
structures in the city; providing for the issuance of permits and collection of fees therefor; declaring
and establishing fire districts and providing penalties for the violation thereof, the following
uniform construction codes are adopted to apply in the City of Gilroy:
A. The Unifom~ Building Code
B. The Unifom~ Mechanical Code
C. The National Electhcai Code
D. The Uniform Plumbing Code
E. The Uniform Code for the Abatement of Dangerous Buildings
F. The Unifom~ Housing Code
G. The Uniform Administrative Code
H. The Uniform Code for Building Conservation
I. The California Historical Building Code
The latest edition of each of the above codes shall be submitted to the Council from time to
time and shall become effective upon approval by Council resolution, subject to such amendments
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and modifications as may be contained in each resolution of approval. Copies of all such
resolutions shall be kept on file in the Office of the City Engineer so that interested persons may
detemfine as to each code the edition and amendments applicable in the City."
SECTION IH: Violations and Penalties: It shall be unlawful for any person,
firm or corporation to erect, construct, enlarge, alter, move, improve, convert, or equip, use,
occupy or maintain any building or structure in the city, or cause same to be done, contrary
to or in violation of any of the provisions of these Codes.
Any person, firm or corporation violating any of the provisions of this chapter is
guilty of a misdemeanor and shall be punishable for each offense, by a fine of not more than
five hundred dollars ($500.00), or by confinement in jail for not more than six (6) months,
or by both fine and confinement in jail. ( Section 6.16 of the Gilroy City Code.) The
foregoing does not linfit the ability of the City to seek any and all remedies it may have
against violators oftbe Codes.
SECTION IV: Severability. If any section, subsection, subdivision, sentence,
clause, phrase or word of this ordinance is for any reason held to be invalid by a court of
competent jurisdiction, such decision shall not effect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have adopted tlfis
ordinance and each and every provision herein, irrespective of the possibility that one or
more provisions might be declared invalid.
SECTION V: The City Council hereby declares this ordinance to be necessary as
an emergency measure for the preserving of the public peace, health, safety, and property in
the City of Gilroy, and as such, shall go into effect immediately upon its adoption for the
following reasons:
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The City of Gilroy deems it necessary to adopt the Uniform Code for Building
Conservation and the California Historical Building Code to enable the City's Planning and
Building Depamnents to efficiently enforce the provisions of said Codes, and to protect the
property, health and safety of the citizens of Gilroy. In order to be consistent with State
law, the Uniform Codes must be effective July 1, 1999.
PASSED AND ADOPTED this 21st day of Jm~e, 1999 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, MORALES, ROWLISON,
SPRINGER, SUDOL, GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
GIFFORD
ATT~ .
Rhonda Pellin, City Clerk
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-7 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 21st day of June, 1999, at which meeting a quorum
was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of June, 1999.
City Clerk of the.City of Gilroy
(Seal)