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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. ORDINANCE 99-7_ \MSD\446251.01 - 1 - 91-060204706002 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 ORDINANCE 99-7 \MSD\446251.01 -2- -- 914160204706002 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: ORDINANCE 99-7 \MSD\446251.01 -3 - -- 91-060204706002 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 ORDINANCE 99-7 \MSD\446251.01 -4- -- 914)60204706002 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)