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Ordinance 569 . -- ~ , ... 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. ........... ........ 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 The provisions of Ordinance 390 of the City of Gilroy shall not be and are not altered, amended, changed, or repealed and shall remain in full force and effect, the same as though this Ordinance No. 569 was never adopted. 2.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: ---" I"~ -:- , / (' 6/ (f!' . "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. -2- - .' 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. -3- .... ~ .. ... 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: (~~ /1 MktOR rt, ~~ / ATTEST: ~.. ~;" ~::J /), < .L '7 L -/LA/f.-- G. B. CAR, City Clerk -4-