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HomeMy WebLinkAboutOrdinance #2337 i ORDINANCE NO.2337 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 17.24. 070, 17.24. 080, AND 17.28.110; BY AMENDING SECTIONS 17.04. 070, 17.04. 090, 17.04. 100, 17. 28. 010, 17. 40. 070, 17.40. 080, 17.44. 130, 17. 44. 140, 17.48.130, 17. 48.150, 17.48. 160, 17.48. 200, 17.60. 060 AND 17.60.070; AND ADDING THERETO NEW SECTIONS 17 .04.085 AND 17 .04. 305 TO DELETE FEE SCHED- ULES RELATING TO BUILDING AND CONSTRUCTION SERVICES, AND PROVIDE THAT SUCH FEES BE ESTAB- LISHED BY RESOLUTION OF THE CITY COUNCIL The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 17.24. 070 , 17.24. 080 and 17.28.110 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by amending Sections 17.04. 070, 17.04. 090, 17.,04.100, 17 .28.010, 17 .40.070, 17. 40. 080, 17. 44.130, 17. 44. 1403 17. 48. 1303 17.48. 150, 17. 48.160, 17.48. 200, 17.60. 060 and 17. 60. 070 to read as follows : 17.04 .070 Section 303(a) of the Uniform Building Code is amended to read as follows : "Sec. 303(a) BUILDING PERMIT FEES. A fee for each building permit shall be paid to the Building Official as established by resolution of the city council. "The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The valuation to be used in computing the permit and plan-check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, ele- vators, fire-extinguishing systems and any other permanent work or permanent equipment . "The fee for a foundation or partial permit shall be established by resolution of the city council. " JG:ahb 10/12/78 1• 17.04.090 Sections 303(e) , 303(f) , 303(g) , 303(h) and 303(i) are added to the Uniform Building Code to read as fol- lows : "Sec. 303(e) SPECIAL SERVICE FEES. At the request of an applicant the Building Official may authorize the performance of special services not otherwise required by this code nor in- cluded in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the city council." "Sec. 303(f) INVESTIGATION FEES. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit the total permit fee shall be the standard permit fee as required in subsection (a) of this section plus an investigation fee established by resolution of the city council. The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by law. " "Sec . 303(g) CERTIFICATE OF OCCUPANCY FEE. Whenever an application is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the city council shall be paid to the city. This fee shall be in addition to all other required fees. If subse- quent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the city as a processing fee. " "Sec. 303(h) CHANGE OF OCCUPANCY INSPECTION FEE. When- ever it is necessary to make an inspection of a building or premises in order to determine if a change may be made in the character of occupancy or use of the building or premises which would place the building in a different division of the same group of occupancy or in a different group of occupancy, a change of occupancy inspection fee , established by resolution of the city council, shall be paid to the city. " "Sec. 303(i) REFUND OF FEES. Any fees collected in error shall be refunded in full upon written request for refund by payor of such fees or upon direction of the Building Official. When no plan checking work has been performed on plans submitted for permit the Building Official shall, upon written request by the payor, refund all plan checking fees paid except a pro- cessing fee, established by resolution of the city council, which shall be retained by the city. "When work authorized by a permit has not commenced and no inspections have been made the Building Official shall, upon written request by the payor, refund all permit fees paid except 2. a processing fee, established by resolution of the city council, which shall be retained by the city. "When plan checking has proceeded or when a permit has ex- pired as provided in section 302 (d) , no refund shall be made. " 17.04.100 Section 306 of the Uniform Building Code is amended to read as follows : "The Building Official may issue a special certificate of occupancy and authorize the release of utilities and the occupancy of a building or structure, or portion thereof, prior to the completion of the building or development project , for cause shown in writing, subject to the following: 111. There exists no hazard to life or property, as deter- mined by the Building Official. 112. A cash deposit to guarantee completion of required improvements has been deposited with the city in a form accept- able to the finance director and in an amount equal to 150 per- cent of the estimated cost to complete such improvements, as determined by the Building Official. "3. Payment of a special certificate fee established by resolution of the city council. Such fee shall not be refund- able. 1t4. An agreement in a form approved by the city attorney, signed by the owner or the prime contractor which shall contain the following: " (a) A statement of the improvements necessary and that the improvements will be completed within the time limit specified by the Building Official but not longer than sixty (60) days. " (b ) Authorization for the city to enter the prop- erty and complete the work specified without additional notice to the owner, in the event the work is not completed within the time specified. " (c) A statement that the cost of such work shall be paid from the cash deposit placed by the applicant and such cost shall include reasonable administrative costs incurred by the city when such work covered by the bond is completed by the city. " (d) A request for refund of the cash deposit posted. If the improvements required are completed within the time speci- 3. fied in the agreement , the deposit shall be automatically refunded. "5. The Building Official shall revoke the special occu- pancy certificate upon failure to comply with the terms and provisions of the agreement . "6. No person shall occupy a building or structure after revocation of the special certificate of occupancy until all requirements of the Huntington Beach Municipal Code are met." 17. 28.010 Permit--Application--Conditions. (a) No person, firm or corporation shall move any building, or struc- ture, or portion of a building or structure into the city or relocate within the city, or cause the same to be done without first obtaining a separate relocation permit for each building or structure, or portion thereof from the Huntington Beach department of building and community development . (b ) Such relocation permit shall be subject to the fol- lowing conditions : (1) Payment of a nonrefundable relocation fee, es- tablished by resolution of the city council; ( 2) The maximum time limit for the completion shall be 120 days; (3) All streets shall be dedicated to their ultimate right-of-way and improved to city standards including street trees, street lights and street signs; (4) All utilities shall be installed underground; (5) On-site walkways and driveways shall be installed to city standards ; (6) The building shall be restuccoed and repainted; (7) Payment of park and recreation fees; (8) A cash bond in the amount specified in section 17.28.120 (b) . 17. 40.070 Section 304 amended. Section 304 of the Uniform Mechanical Code is amended to read as follows : "Sec. 304. Any person obtaining a permit required by this code shall, at the time of filing an application therefor, pay a fee established by resolution of the city council. " 17 . 40.080 Refund of fees . When construction authorized 4. by a permit is not begun and no inspections have been made, the building official shall, upon written request from the per- mittee, make refund of fees subject to the following limitations : (a) Only that portion of the fee which is in excess of a processing fee , established by resolution of the city council, shall be refunded. (b) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 303(b) . 17. 44 .130 Fees--Schedule. Every applicant shall pay for each permit at the time of making application, a fee in accord- ance with the schedule established by resolution of the city council, and at the rate provided for each classification shown thereon. (a) For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for recon- nection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, and other classifications involved. (b) When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection shall be included in the building sewer permit . (c) The fee for any lawn sprinkler system of more than fifty (50) heads , storm drain system, water distribution system or on-site sewer system shall be based on the value of the pro- posed work and shall be as provided in the schedule of building fees established by resolution of the city council. (d) The fee for any plumbing installation for which a permit is required but for which no fees are specified herein shall be based on the value of the proposed work and shall be as provided in the schedule of building fees established by resolution of the city council. (e) A food waste disposer installed at the time of the original sink installation shall be considered as part of the sink. Dishwashers discharging into a food waste disposer or a separate trap shall require a separate fee. 17. 44 .140 Fees--Refund. When construction authorized by a permit is not begun and no inspections have been made, the administrative authority shall, upon written request from the permittee, make refund of fees subject to the following limita- 5. tions : (a) Only that portion of the fee which is in excess of a processing fee, established by resolution of the city council, shall be refunded. (b) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 1744.080 (f) . 17. 48 .130 Fees--Permits . Every applicant shall pay for each permit , at the time of making application, a fee in accord- ance with the schedule established by resolution of the city council, and at the rate provided for each classification shown thereon. 17.48.150 Fees--Additional inspections. (a) Each per- mittee shall be entitled to one reinspection, without addi- tional charge, in addition to the required number of inspections established by the department of building and community de- velopment . (b ) If more inspection trips than specified in this sec- tion are required due to fault or error on the part of the in- staller or his employees, an additional fee, established by resolution of the city council, may be required of the installer for each such additional inspection trip. 17. 48.160 Fees--Refund. When construction authorized by a permit is not begun and no inspections have been made, the administrative authority shall, upon written request from the permittee, make refund of fees subject to the following limi- tations : (a) Only that portion of the fee which is in excess of a processing fee, established by resolution of the city council, shall be refunded. (b ) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 17.48. 080. 17. 48.200 Maintenance electrician. (a) A maintenance elec- trician is a person who has been found by the administrative authority to be qualified to supervise electrical installations. Rules for the qualification of maintenance electricians shall be determined by the administrative authority. (b ) The fee for examination, registration, and renewal of qualification as a maintenance electrician shall be established by resolution of the city council, payable annually in advance. Unless sooner revoked or suspended, such certification shall 6. expire on June 30 of each year. 17.60.060 Section 20 .6 amended--Cost of Permit . Section 20.6 of the Uniform Solar Energy Code is amended to read as follows : "Seca 20.6. Cost of Permit . Every application for a per- mit to do work regulated by this Code, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto, as may be required. Such applicant shall pay for each permit at the time of issuance, a fee in accordance with the schedule established by resolution of the city council, and at the rate provided for each classification shown thereon. "Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay an investigation fee in the manner provided in the Huntington Beach Building Code for investigation fees, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commence- ment of the work. In all such cases a permit shall be obtained as soon as it is practical to do so, and if there be an un- reasonable delay in obtaining such permit, an investigation fee as provided therefor shall be charged." 17.60.070 Refund of fees . When construction authorized by a permit is not begun and no inspections have been made, the building official shall, upon written request from the per- mittee, make refund of fees subject to the following limitations: (a) Only that portion of the fee which is in excess of a processing fee, established by resolution of the city council, shall be refunded. (b) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 20. 3. SECTION 3. The Huntington Beach Municipal Code is hereby amended by adding thereto Sections 17.04. 085 and 17. 04. 305 to read as follows : 17.04.085 Section 303(d) of the Uniform Building Code is amended to read as follows : 7. "303(d) The fee for each reinspection shall be established by resolution of the city council." 17.04. 305 Section 7007 of the appendix to the Uniform Building Code is amended to read as follows : "Sec. 7007. (a) Plan-checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage struc- tures as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facil- ities. The amount of the plan-checking fee for grading plans shall be as established by resolution of the city council. The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the dif- ference between such fee paid for the original permit and the fee shown for the entire project. (b ) Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as established by reso- lution of the city council. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project ." . SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be uncon- stitutional or invalid, such decision shall not affect the va- lidity or constitutionality of the remaining portions of this ordinance . The City Council hereby declares it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof be declared unconstitutional or invalid. SECTION 5. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in 8. the fee paid for the original permit and the fee shown for the entire project . " SECTION 4. If any section, subsection, sentence , clause or phrase of this ordinance is for any reason held to be uncon- stitutional or invalid, such dec-sion shall not affect the va- lidity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections , sentences, clauses, or phrases thereof be declared unconstitutional or invalid. SECTION 5. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach Independent, a biweekly newspaper of general circulation, printed .and published in the County of Orange, State of California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of December 1978 . Mayor ATTEST: APPROVED AS TO FORM: ty erk City Attorney INITIATED AND APPROVED: Cit Administrator 9 . Ord. No. 2337 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ 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 4th day of December 19 78 and was again read to said City Council at a regular meeting thereof held on the 18th day of December 19 78 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Absent City Clerk and ex�o£ficio Clerk of the City Council of the City of Huntington Beach, California I, gyr'a M, %!Ventv,orth CITY CLERK of the City of Hy un Peac, and t x lffclo Cierk of i, C.urcl!, Beach i vLa, In acco ALICIA PA. e""7',T141 01RTH City Cierk Deputy City Clerk