HomeMy WebLinkAbout38.93 ORDINANCE NO. 38.93
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
CHAPTER 3 OF THE SARATOGA CITY CODE, WHICH CHAPTER
IS CAPTIONED "BUILDING REGULATIONS", BY ADDING
SECTION 3-52 TO ARTICLE VII THEREOF RELATING TO
GEOTECHNICAL INVESTIGATIONS AND REPORTS.
The City Council of the City of Saratoga does hereby
ordain as follows:
Section 1: Section 3-52 is hereby added t0 Article
VII of Chapter 3 of the Saratoga City Code to read as follows:
Section 3-52. Responsibility for Geotechnical Reports.
Whenever any section of this Code or any other ordinance
or regulation of the City, or the judgment of the Building
Official, requires a geology a~d/or soils report (hereinafter
individually or collectively known as a ge0technical report)
be submitted as part of an application for site approval,
subdivision approval, or grading, building or other permit,
the following shall apply:
(a) The applicant. shall be solely responsible for
selection and compensation of the geotechnical
consultant, except that City may specify the
type and licensing requirements for the consultant.
(b) City shall have the right to require a third party'
geotechnical consultant in the event of any major
disagreement between City's Geotechnical Consul-
tant and applican~'s consultant. City will provide
a list of at least three qualified geotechnical
consultants to applicant from which to select
one as such third party consultant, and applicant
shall be responsible for his compensation. The
decision of the third par-ty consultant'shall be
conclusive on the City and the :applicant.
(c) The substance and scope of each geotechnical in-
vestigation and report submitted as part of an
application as described above shall remain the
sole responsibility of the applicant and his
consultant. Any comments by City or City's
geotechnical consultants are for purpose of
pointing out possible areas of concern to appli-
cant, and any approval of any geotechnical report
by City shall not be construed to imply that City
~ or City's Consultant warrants the accuracy of
the report or any of its contents, findings or
recommendations.
(d) Whenever any applicant submits a geotechnical
report to City as part of his application, he
shall also submit a written statement to the
City Clerk representing that he is and will be
relying upon the investigation, report and
opinion of his own geologist, and that if
the requested site approval, subdivision
approval, or building, grading or other permit
or permits are granted, he agrees to and does
thereby indemnify and hold City, its officers,
agents, employees, boards, commissions and
professional consultants, free and harmless
from. and against any and all claims, actions,
· damages, suits or liabilities claimed by owner
or any other person or entity by reason of
any actual or potential geologic hazard, includ-
ing,. without limitation, land slippage, land-
slide, earthquake, slope instability, soil
or sub-soil instability, or lack of lateral
or subjacent support of any kind or nature,
including any failure, collapse or damage to
any building or structure or its foundation,
and further setting forth that he is knowingly
assuming the risk thereof.
Section 2: If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held
by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining
portions of this ordinance. The 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 3: This ordinance shall take effect and be
in full force and effect thirty (30) days from and after~
the date of its passage and adoption.
This ordinance was regularly introduced and after the
waiting time required by law was thereafter passed and adopted
at a regular meeting of the'City Council held on the 21st
day of February , 1979, by the following vote:
AYES: CoUncilmen Kraus, Corr, Callon,'.~~~tte0ni, & Kal~~
NOES: None /
ABSENT: None , ~)
Ihe above and f0reg0]n~ is
copy o~ O!'dinance
pubtisi~sd according to law,
Deputy City Clerk ~1.t6
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