HomeMy WebLinkAboutOrdinance #1626 ORDINANCE NO. 1626
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTIONS 8113 , 8114, 8114 .1, 8115 ,
8115 .1 AND 8115 .2 OF ARTICLE 811, AND AMEND-
ING CHAPTER 81 TO PROVIDE FOR THE ADOPTION
BY REFERENCE OF THE UNIFORM BUILDING CODE,
VOLUME I, 1970 EDITION
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . Sections 8113 , 8114, 8114 .1, 8115 , 8115 . 1, 8115 . 2 ,
8115 . 4 and 8115 .5 of the Huntington Beach Ordinance Code are here-
by repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by amending Sections 8111 and 8115 . 3 to read as follows :
8111 . ADOPTION OF UNIFORM BUILDING CODE, VOLUME I , 1970
EDITION. There is hereby adopted by the City Council of the
City of Huntington Beach that certain code known as the Uniform
Building Code , Volume I , 1970 edition, and the whole thereof,
for the purpose of regulating the erection, construction, en-
largement , alteration , repair, moving, removal , conversion,
demolition, occupancy , equipment , use height , area, and mainte-
nance of buildings or structures in the City of Huntington Beach;
providing for issuance of permits and collection of fees therefor;
declaring and establishing fire districts ; providing penalties
for the violation thereof, and repealing all ordinances and parts
of ordinances in conflict therewith EXCEPT for the following
articles and sections :
Article 813 8111 .2
Article 815 8111.3
Article 816 8111 .4
Article 817 8112
Article 818 8112 .1
8112 . 2
SECTIONS : 8112 . 3
8111 . 1 8115 .6
of which code not less than three ( 3) copies have been and now
1 .
are on file in the office of the City Clerk of the City of Hunt-
ington Beach and the same is hereby adopted and incorporated as
fully as though set out at length herein, as provided by Section
50022 . 2 et seq. of the Government Code of the State of California,
and from the date of this ordinance shall take effect and the
provisions thereof shall be controlling within the corporate
limits of the City of Huntington Beach .
8115 . 3 . Section 306 (a) , entitled "Use or Occupancy" of
the Uniform Building Code , Volume I , 1970 edition, is hereby
amended by adding thereto the following :
CONDITIONAL CERTIFICATE .A conditional certificate
of occupancy may be issued by the building official for the use
of a portion or portions of a building or structure prior to
the completion of the entire building or structure .
Prior to issuing a conditional certificate of occu-
pancy, the building official shall determine that the building
or structure meets minimum requirements for the health, safety
and welfare of occupants and that the issuance of such certifi-
cate will not interfere with or hinder the completion of the
building.
CONDITIONAL CERTIFICATE . CONTENTS OF. A conditional
certificate of occupancy shall contain the following :
(a) The expiration date ;
(b) A list of items to be completed prior to accep-
tance of the building or structure , and issuance of a final
certificate of occupancy; and
(c ) A statement that a conditional certificate of
occupancy is temporary in nature and that it is issued with
the understanding that continued occupancy of the building or
structure is contingent upon the completion of listed items
and issuance of a final certificate of occupancy for the en-
tire building.
SECTION 3 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto Section 8115 .7 to read as follows :
8115 .7 . SEVERABILITY . If any article , section, subdivision,
sentence , clause , phrase , or portion of this chapter, or any ad-
ditions or amendments thereto, or the application thereof to
any person, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this chapter or its application to other persons .
The City Council hereby declares that it would have adopted
2 .
this chapter and each articl6 , section, subdivison, sentence ,
clause , phrase or portion, and any additions or amendments there-
to, irrespective of the fact that any one or more articles , sec-
tions , subdivisions , sentences , clauses , phrases , or portions
or the application thereof to any person, be declared invalid
or unconstitutional.
SECTION 4 . All provisions and sections in conflict with
this ordinance are hereby repealed; provided, however, that any
such repeal shall not affect or prevent the prosecution and pun-
ishment of any person, firm or corporation for any act done or
committed prior to the effective date hereof in violation of the
provisions which are repealed hereby.
SECTION 5 . The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Ordinance Code relating to the same subject
matter shall be construed as restatements and continuations ,
and not as new enactments .
SECTION 6 . This ordinance shall take effect thirty days
after its adoption . The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Hunt-
ington Beach , California.
'I PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of February 1971
4
t
Mayor PRO TEM
ATTEST:
City k
APPROVED AS TO FORM:
City Attorney
3 .
Ord. N,o. 1626
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, The duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the 1st day of February
1971 and was again read to said City Council at a regular
meeting thereof held on the 16thday of February ,
19 71 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
McCracken, Bartlett, Gibbs, Coen, Green, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
Cit C erk and officio Clerk
i. PAUL C. JONES, CITY CLERK of the City of of the City Council of the City
Huntington Beach and ex-officio Clerk of th City of Huntington Beach, California
Council, do hereby certify that this ordinance has
been pub'shed in the H ntington Beach News on
k7- -.-._-- 1g7�.._.
In accordance with the ty Charter of said City
pk1Z C. JONES
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City Clerk
Deputy City Clerk