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HomeMy WebLinkAbout501ORDINANCE NO. 501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING CHAPTER 15.12 OF THE IRWINDALE MUNICIPAL CODE AND ADDING A NEW CHAPTER 15.12 THERETO, ADOPTING BY REFERENCE THE "LOS ANGELES COUNTY FIRE CODE" 1996 EDITION (TITLE 32), INCLUDING ALL APPENDICES, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO, INCLUDING FEES AND PENALTIES. A. Recitals. (i)Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code (§ 50022.2, et seq.) authorizes the adoption by reference of county codes, including the above-entitled Code of the County of Los Angeles. (ii)A duly noticed public hearing, as required by California Government Code § 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iii)All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Irwindale does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. Chapter 15.12 of the Irwindale Municipal Code is hereby repealed, provided that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Los Angeles County Fire Code, as heretofore adopted by reference and amended by Ordinance ofthis City, shall-continue to be-appticable to construction wherein-plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial peimit therefor is issued no later than ninety (90) days after the effective date of this Ordinance. L\IRWIN\ORDFIRCD\I 1.4 1 Section 3. A new Chapter 15.12 is hereby added to the Irwindale Municipal Code to read, in words and figures, as follows: "Chapter 15.12 "FIRE CODE "Sections: "15.12.010 "15.12.020 "15.12.030 "15.12.040 Adoption of code. Copies filed. Terms defined. Fee schedule; modification by resolution. "15.12.010. Adoption of code. "There is adopted as the 'City Fire Code,' except as provided in this Chapter, that certain Fire Code known and designated as the Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), including all appendices thereto and including all changes made by the County of Los Angeles, and such Code shall be and become the Fire Code of the City of Irwindale, prescribing regulations to safeguard life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use and occupancy of premises within the City and providing for the issuance of permits and the collection of fees therefor. "Los Angeles County Ordinance No. , as adopted by the County of Los Angeles, hereby is adopted in its entirety. "15.12.020. Copies filed. "Three (3) copies of the Los Angeles County Fire Code, referred to § 15.12.010 of this Chapter, have been deposited in the Office of the City Clerk of the City of Irwindale and shall be at all times maintained by said Clerk for use and examination by the public. LAIRWIN\ORDFIRCD\I 1.4 2 "15.12.030. Terms defined. "Whenever any of the following names or terms are used in the Los Angeles County Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: "(1)'Board of appeals' means the board of appeals established by the Los Angeles County Building Code. "(2)'Board of supervisors' means the city council. "(3)'Building department' means the 'Building and Safety Division' of the Department of Public Works,' acting for the City. "(4)'Building official' means the Director of Public Works or his or her designee. "(5)'City' means the City of Irwindale. "(6)'County,' 'County of Los Angeles' or 'unincorporated territory of the County of Los Angeles' means the City. "(7)'County engineer' means the Director of Public Works of the County of Los Angeles. "(8)'Electrical Code' means Chapter 15.08 of this Municipal Code. "(9)'Fire Chief means the Chief Engineer of the County of Los Angeles Fire Department or his or her designee. "(10)'Fire zone' means the fire zone or zones adopted by an ordinance creating and establishing fire zones. "(11)'General fund' means the city treasury. "-(12)--l Health Cade-or-los Angeles County Health Code' means Chapter 8.04 of this Municipal Code. "(13) 'Health officer' means the health officer of the City. LAIRWIN\ORDFIRCD\I 1.4 3 '(14) 'Mechanical Code' means Chapter 15.20 of this Municipal Code. "(15) 'Plumbing Code' means Chapter 15.16 of this Municipal Code. "15.12.040. Fee schedule; modification by resolution. "The fee schedules adopted by § 15.12.010 of this Title 15 may be amended by resolution adopted by the City Council of the City of Irwindale." Section 4. It is hereby found that the County of Los Angeles, in adopting its Ordinance No. , has made all appropriate required findings related to local conditions as specified under the provisions of the California Health and Safety Code. Section 5. Penalties for violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or fail to comply with any of the requirements, of this Ordinance or the Code hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Code hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, film, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Code adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 6. Civil remedies available. A violation of any of the provisions of this Ordinance or the Code adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. LIRWIN\ORDFIRCD" 4 Section 7. Severability. The City Council hereby declares that, should any provision, section, paragraph sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance and the Code hereby adopted shall remain in full force and effect. Section 8. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published as required by law. PASSED this iith day of January , 4995, 1996. Julian A. Miranda,Mayor I, Camille Diaz, Deputy , City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 14th day of December , 1995, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 11th day of January , 1996, by the following vote: AYES: COUNCIL MEMBERS: Tapia, P. Miranda, Breceda, Chavez, Mayor J. Miranda NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:None ATTEST: Deputy City Clerk of the City of Irwindale L\IRWIN\ORDFIRCD\I 1.4