The URL can be used to link to this page

Home My WebLink About4-B ORDINANCE NO. 4-B AN ORDINANCE OF THE CITY OF~SARATOGAREGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREAAND MAINTENANCE OF BUILDINGS AND STRUCTURES IN SAID CITYIPROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND ENDING AND REPEALING CERTAIN SECTIONS OF ORDINANCE 4-A OF SAID CITY IN CONFLICT THEREWITH. The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 1.tof Ordinance No. 4-A of the City of Saratoga is hereby amended by repealing all of Art'icle 2 of Title 11 of the Santa Clara County Ordinance Code therein.adopted by reference. T~is repeal is intended to include Sections 11.1.2-1 through 11.1.2-14 of said Santa Clara County Ordinance Code, as said sections were originally adopted by Ordinance No. 4-A and added'to or amended from time to time. Section 2: There is hereby:adopted as the Building Code for the City of Saratoga the 1961 Edition of the Uniform Building Cod~, Volume 1, as published by the International Conference of Building Officials. Said Uniform Building Code, three copies of which have been filed for use and examination by the public in the Office of the Clerk of theCity of Saratoga, is hereby referred to, and, except as~ to omissions, amendments and additions hereinafter noted:, is hereby.adopted and made a 'part hereof, the same as if fully set forth in this ordinance. Section 3: OmissiOns, a ndments, and additions to the me, 1961 edition of the Uniform Building Code are as follows: ~ Section 3.1: Until-the appointment of the Board of Appeals in accord with Section 204 of the Building Code, the City Council shail continue to act as such Board of Appeals in the buildings. trade pursuant to Section 1.4 of Ordinance 4-A. ~ Section 3.2: Section 103 is hereby amended by deleting therefrom the last clause of the first. paragraph, which clause reads "and hydraulic flood control structures", and the following.language is hereby added in place of said deleted clause: "including without limitation all dams and other hydraulic flood contr61 structures with the exception of such hydraulic flood control structures as are constructed and installed by the Santa Clara County Flood Control and Water Conservation District." Section 3.3: Section 1704~is hereby amended by omitting therefrom h paragraph captioned "Exception: te Roofs of Cedar .... "and ending with the language," .... only in Fire Zone No. 3" and by adding in place thereof the following: ~ !!~EXCEPTION: Roofs of ~edar or redwood shake having a nominal thickness of one inch ( ) at the butt may be used in buildings of Group B, Division 3, Group C;and Group F, Divisions 1 ~ and 2, occupancies of Type V Construction, where there are no general requirements for fire resistance, provided that the borizontal clearance between c~rnice and property lines, except street fronts, is not less than ten (10) feet. This provision shall be applicable only · in Fire Zone No. 3.,^ Section 4: ~ Section 4.1: From and after July 1, 1962, Section 3.1 of Ordinance'4-A shall be of no further force and ~ffect. Pursuant to Section 201 of the 1961 edition of the Uniform Building Code, the Mayor of the City of S~ratog~, with the!concurrence of a majority of the City Council, is hereby authorized to appoint the building officialfor the City of Saratoga whose authority and duties shall commence hnder this ordinance and said 1961 edition of the Uniform Building Code on July 1, 1962. Section 5: ~ Section 5.1: It'shall be hnlawful for any p~rson, firm or corporation to erect, construct, enlarge, alter, repair, move, improbe, remove, convert or demolish, equip, use, occupy or maintain any building or.structure in the City of Saratoga, Or cause the same to be done, contrary to or in violation of any of the provisions of the 1961 edition of the U~iform Building Code as modified and amended by this ordinance. Any person, firm or corporation vi~iating any of the provisions of said 1961 Uniform Building Code or this ordinance shall be deemed=guilty of a misdemeanor, and each such person shall bedeemed guilty of a separate offense for each and every day or~portion thereof during which ~he violation is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by fine of not.more than $300.00, or by imprison- ment for notemore than ninety (90) days, or by both such fine and imprisonment, for each separate offense co~m~tted. In addition to the penalties hereinabove provided, any building or structure set up~ erected, constructed, altered, enlarged, conver~ed, moved or maintained contrary. to the provisions of thisiordinance, and/or any use of any land, building or premises conducted, operated, or main- tained contrary to the pr6visions of this ordinance, and/Dr any condition caused or permitted to exist in violation of any of the provisions of this ordinance~ shall be and the same is hereby declared to be unlawful and a public nuisance, and may by this City be summarily abated as such, and in addition the City Attorney of the City of S~r~t0ga shall, upon order of the City Council, immediately commence action or proceeding for the abatement and removal and/or enjoinment thereof in the manner provided by law and shall take such other steps and.shall apply to -2- such court or courts as may have jurisdiction to grant such relief as Hill abate and remove any such building or structure constituting a public nuisance, and restrain and enjoin any pe~son,nff~rm or corporation from.setting up, e~ecting, building, maintaining or using any~such building or structure or using any property in the City of Saratoga contrary to the pro- visions of this ordinance. 'All reference herein to this ordinance shall be deemed to mean the 1961 edition of the Uniform Building Cod~ as adopted and amended by this ordinance. .' The remedies hereinabov~ provided for shall be cumula- tive and not exclusive. Section 6: If any section, subsection, sentence, ct~use, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affe&t the validityof the remaining portions of this ordinance.orTh~ City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid Or unconstitutional. Section 7: This ordinance is hereby declared to be an urgency and eme~egency measure, and shall be in full force and effect!beginning April 1, 1962, and shall continue thereafter in full force and effect until the adoption of an ordinance permanently adopting building tEade regulations for the City of Saratoga, or until the expiration of a period of one~(1) year from April 1, 1962, whichever is the first in time to occur. The facts constituting such urgency are as follows: The City of Saratoga by its City Council hereby finds and determines that certain regulations hereinabove more particu- larly described of an interim or urgency nature are necessary at this time to protect the publicinterest, health, safety, welfare, comfort and convenience and to preserve the public peace, safety and welfare of the citizens of the City of Saratoga pending the preparation and adoption of more permanent building trade regulations pertaining to the regulatioH and erection, construction, enlargement, alteration, repair, moving, conversion, demolition, occupancy, equipment, use, height, area and maintenance of building or structures in and for the City of Saratoga. Section 8: If for any reason this ordinance does not qualify as an emergency ordinance and does not become effective April 1, 1962, then this entire ordinance shall be of no force and effect, and the provi~ sions of Section 1 of this ordinance repealing the existing building regulations for the~ City of Saratoga shall not be effective for any purpose'whatsoever. -3- This ordinance was introduced and passed and adopted as an urgency and emergency measure by the City Council of the City of Saratoga at a r~egular meeting of said City Council held on the 21st day of March, 1962, by the following vote.~-~' AYES: Brazil, Glennon, Drake, Ha~'tman, Laqgwi.ll NOES: None ABSENT: None Ma AT~,~ ~/~ · ~;%~ ~,> City Cle k ~ Published according to ~aw. which has been