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HomeMy WebLinkAbout4_~is is to certify that the within is a true and correct copy of Ordinance No. of the City of Saratoga passed and adopted on the been posted pursuant to law. Dated this ~J~JdayI of ~ ~~ 19j~ Acting City Clerk 0RDIN~CE NO. AN ORDINANCE OF THE CITY OF SARATOGA ADOPTING BY REFERENCE CERTAIN PROVISIONS OF TITLES 5, ~,7, 8, 9 lOand ll OF THE SANTA CLARA CO~TY ORDINANCE CODE RELATING TO BUSINESS, TRADES, AND PROFESSIONS, PUBLIC SAFETY, PUBLIC V~ELFARE, STREETS, HIGH- WAYSAND PARKS, FRANCHISES, VEHICLES ~D TRAFFIC, AND BUILDING REGULATIONS, SAID TITLES ~ to 11~ IN TURN INCORPORATING BY REFERenCE CERTAIN PROVISIONS OF THE 1955UNIFORMPLU~ING CODE, 1952 UNIF0~ BUILDING CODE, AND ~953 NATIONAL ELECTICAL CODE, AND DECLARING THIS TO BE AN E~E~G~CY ORDINANCE. The City Council of the City of Saratoga does ordain as follows: SECTION l: Sec. 1.1 - All the Chapters ahd Articles of Title all the Article~ of Chapters 2 and 3 of Title 6, all the Chapters and Articles of Title 7, all the Chapters and Articles of Title 8, all the Chapters and Articles of Title 9, all the Chapters andzArticles of Title lO, and with the exception of ll.l.l-l.2 ~. ll.l.l-6, ll.l.l-7, and ll.l.l~ of Article i Chapter 1,'of ~itie ll, all the Chapters and Articles of ~itle ll, all as amended to date hereof, of the Santa Clara County Ordinance Cod~ are hereby adopted by reference as laws of the City of Saratoga. Sec. 1.2 - Three copies oft said Santa Clara County Ordinance Code, together With amendments thereto, three copies of the 195~ Uniform Plmabing Code,' ~hree copies of the 1952 Uniform Building Code, and three~ copies of the 1953 National Electrical Code, the latter three cod~s~being hereafter referred to as secondary codes, are presently on file with the City Clerk of the City of Saratoga. Sec. 1.3 - All of the Titles, Chapters and Articles of the Santa Clara County Ordinance Code hereinabove adopted by reference shall hereafter be collectively called "Partial County~Code". 'Sec. 1.4.- The City Council shall act as a BOard of Appeals in the Building~ Plumbing, Electrical and Gas Appliance trades.~ It shallreview the decisions of the Building Inspector on the Building, Plumbing and Electrical Codes and Chapter 2 of.Title ll on Gas Appliances, either upon his request or upon written appeal from any aggrieved person filed with the City Clerk within five (5) days of his decision. It shall have power to determine the suitability ~f*~lternate materials and types of construction and to provide reasonable interpretations of the provisions of said respective~o~eS and gas appliance regula- tions, and its decision shall be binding on the Building Inspector+· Time of hearings and rules and regulations of procedure may here- after be set forth by resolutionZof the City Council SECTION 2: Sec. 2.1 - All references in ~ne Partial County Code to Board of Supervisors County Board of Supervisors, or Board of SuperviSors of ~anta Clara County, shall mean the City Council of the City of Saratoga; all references to County, both as to area and~l~gal entity, shall mean City of Saratoga; all references to County Controller shall mean City Treasurer; all references to Fire ~arshall and Sheriff shall meanChief of Police of the Citylof Saratoga; all references to License ~llector shall mean the City License Collector; all references to Health Officer shall mean the City Health Officer of the City of Saratoga; all references to the Clerk of the Board of Supervisors shall mean the City Clerk of the City of Saratoga; all references to theeDistrict Attorney shall mean the City Attorney of the City of Saratoga; all references to County Park shall mean City Park; all references to Director of Central Services shall mean Chief of Police of the City of Saratoga;. all references .to County Enginee~ shall mean City Engineer of ~e City of Saratoga; all references to County Building Inspection Director,C~uh~y Building InspectOr.or Building Inspectorishall mean the Building Inspector of the City of Saratoga; all refer- ences to any building or structure in the County shall mean any building or structure in theeCityI of Saratoga; all references to County Executive shall mean ~he City Council of the City of Saratoga. ~ Sec. 2.2 - In interpreting any of the provisions of the Partial. County Code and this Ordinance, shohld any ambiguity arise concerning whether the d ~signation of a particular officer, office~ior body means a County officer, office or body or a city officer, office or body~ then such am- biguity shall be resolved in Savor of a city officer, office or body. SECTION 5: Set. ~.l - The Building Inspector Director of the County of Santa Clara is hereby appointed the Officio Building Inspector of the City of Saratoga and is authorized and directed to enforce all theeprovisions of Title ll of said Partial County Code as adopted herein by reference. Sec. B. 2 - The County Engineer of the County of Santa Clara is he~e~y appointed the ExtG~iSiO~'City Engineer of the City of Saratoga. Sec. 8.~ - The Health Officer of the County of Santa Clara is hereby appointed the Ex Officio City Health Officer of the City of Saratoga. SECTION ~: Sec. ~.l - The term "person", except as may otherwise be provided,'as used in this Ordinance and in the Partial County Code shall mean any natural person, ~ny firm, corporation~ co-partnership, club or any association or combination of naiural persons ,whether acting by themselves ~ through any servant, agent or employee. Sec. 4.2. Whenever a power is granted to,or a duty is imposed upon~a public officer the power may be exercised or the duty may be performed by a deputy of such officer or by a person ot~er~vise duly authorized pursuant to law unless expressly Otherwi~se provided. SECTION 5: sec. 5.1 - Any person who violates any of the provisions of this Ordinance or of t he Partial County Code adopted herein by reference or of any of the secondary codes adopted into said Partial Primary Code by reference, or fails to comply with any of the mandatory requirements of this Ordinance and said codes, shall be guiltyof a misdemeanor. Any person convicted of a misdemeanor under the provisions of this 0r~inance shall be punishable by a fine o~ not more than Five Hundred Dollars ($500.00) or by imprisonment in the County ~ail for a* period not exceeding Six (6) months or by both such fine and imprisonment. Except as otherwise provided, each such person shall be guilty of a separate offense for each and every day during any portion of of which any violation of ahy.zprovision of this Ordinance, the Partial County Code adopted herein or the secondary codes adopted by refeDence in said partial primary code is committed or permitted by such person and shall be punishable accordingly. SECTION 6: Sec. 6.1 - If any section~ sub-section, sentence, clause~ or phrase ok this Ordinance, the Partial County Code adopted hereby~ or the secondary codes adopted by reference herein, is or are for any reason held by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance~ said primary code or said secondary code~ The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, sub-section, sentence, clause and phrase hereof irrespective of the fact that any one or more sections~ sub-sections, sentence's~ clauses or phrases be held invalid. SECTION 7; This Ordinance is declared to be an urgency and emergency measure and shall take effect immediately upon its passage, it being for the immediate pro- tection land preservation of the public health, peace, safety and wet~are of the City of Saratoga,~ based on the following state- ment of facts: Said City is a recently incorporated general law city located in the County of Santa Clara, State of California; as such it has no regulations cohcerning business, trades, professions, public welfare, streets, highways, parks, public Safety, franchises, vehicles, traffic and building regulations; and it is essential that laws, rules and regulations concerning the same and generally in line with laws, rules and regulations previously existing under and byevirtue of the jurisdiction of the County of Santa Clara be immediately imposed upon said area in order to orderly continue theeexisting public peace, health and safety in said area. This Ordinance was regularly introduced and after the wait- ing time required by law was thereafter passed and adopted this ~,~4~. day of _~_~=~, 1956, by the following vote: AYES: Councilmen Brazil, Jepsen, Lan~will, Rosasee, Willjams NOES: ~o ne ABSENT~ None The above and foregoing is a true ,: .:(f correct COpy of Ordinance wi~ich h~ b¢~ published according Io law. ATTEST: · ~puty City Clerk Date ~ CITY CL~