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HomeMy WebLinkAbout4AThis is to certify that the wi'thin is a true and correct copy of Ordinance No. ~/~ of the City of Saratoga passed and adopted on the A~I~ day of ~ , 19 ..... , and the same has been posted pursuant to law. Dated this ~ day of ~~ .i9¢a Acting City Clerk AN ORDINANCE OF THE CITY OF SARATOGA ADOPTING BY REFERENCE CERTAIN PEOVISIONS OF TITLES 5, 6,. 7, 8, 9, 10 and 11 OF THE SANTA CLARA COUNTY ORDINANCE CODE RELATING TO BUSINESS, TRADES, AND PROFESSIONS PUBLIC SAFETY, PUBLIC WELFARE, STREETS,HIGH- WAYS AND PARKS, FRkNCHISES, VEHIC~:S.AND TRAFFIC, AND BUILDING REGULATIONS, SAID TITLES 5 to 11 IN TTJRN INCORPOEkTING BY REFERENCE CERTAIN PROVISIONS OF THE 1955 UNIFORM PLUMBING CODE, 1952 UNIFORM BUILDING CODE, AND 195D NATIONAL ELECTRICAL CODE, AND DECLARING THIS TO BE AN EMEEGENCZ ORDINANCE. The City'Council of the City of Saratoga does ordain as follows: SECTION 1: See. 1.1 - All the Chapters and Articles of Title all the Articles of Chapters 2 and 3 of Title 6, all the Chapters and Articles of Title ?, all the Chapters and .Irticles of TitleS, all the Chapters and ArtiCles of Title 9, all the Chapters and Articles of Title 10, and with the exception of 11.1.1-1.2, 11.1.~1-6, 11.1.1-7, and 11.1.1-8 of Article 1, Chapter 1, of Titlell, all the Chapters and Articles of Title 11, all aS amended to date hereof, Of the Santa Clara County Ordinance Code are hereby adopted by reference as laws of the. City of Saratoga. Sec. 1.2 - Three copies of said Santa Clara County Ordinance Code, together~wlth amendments thereto, three copies of the 1955 Uniform Plumbing Code, three copies of the 1952 Uniform Building Code, and three Copies of the 1953 National Electrical Code, the latter three'codes 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 codnty 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 shall review the decisions of the Building Inspector on the Building, Plumbing and Electrical Codes and Chapter 2 of Title 11 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 of alternate materials and types of construction and to provide reasonable interpretations of the provisions of said respective.codes 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 resolution of the City Council. SECTION 2: Sec. 2.1 - All references in the Partial County Code to Board of SuperMlsors, County Board of Supervisors,or Board of Supervisors of Santa Clara County, shall mean the City Council of the City~of Saratoga; all references to County, both as to area and legal entity, shall mean City of ~;Sar~toga; all references to County Controller shall mean City Treasurer; all references to Fire .Marshall and Sheriff shall mean Chiefof Police of the City of Saratoga; all references to License Collector 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 thee City Clerk of the City of Saratoga; all references to the District Attorney shall mean the City Attorney of the City of Saratoga; all references to County Park shall mean City Park; all refprences to Director of Central Services shall mean Chief of Police of the City of Saratoga; all references to County Engineer ~hall mean City Engineer of the City of Saratoga; all references tO County Building Inspection Director, County Building Inspector or Building Inspector, shall 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 the City bf Saratoga; all references to County Executive shall mean theeCity Council of the City of Saratoga. u Sec. 2.2 - In interpreting any of the provisions of the Partial County Code and this Ordinance, should any ambiguity arise concerning whether the designation of a particular officer, office or body means a County officer, office or body or a city officer, office or body, then such am- biguity shall be resolved in favor'of a c~ty officer, office or body. ~ SECTION 3: Sec. 3.1 - The Building In&pector Director of the County of Santa Clara is hereby appointed the Ex- Officio Building Inspector of the City of Saratoga and is authorized and directed to enforce all the provisions of Title 11 of said Partial County Code as adopted herein by reference. Sec. 3°2 - The County Engineer of the County of Santa Clara is hereby:appointed the Ex~Officio City Engineer of the City of Saratoga. Sec. 3°3 - The Health OffiCer of the County of Santa Clara is hereby appointed the Ex-Officio City Health Officer~.~of the City of.Saratoga. ~EC~ON 4.: Sec. 4.1 - 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, any firm, corporation, co-partnership,~club or any association or combination of natural persons whether acting by themselves or through any servant, agent Or empl6yee. Sec. 4.2 - Whenever a poWe~ 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 otherwise duly authorized pursuant to law unless expressly otherwise ~rovide~. ~ECTION ~: Sec. 5.1 - Any person who.violates any of the provisions of this Ordinance or of the Partial.County Code adopted herein by ~eference 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 guilty of a misdemeanor. Any person convicted of a misdemeanor under ~he provisions of this Ordinance shaI1 be ~unlshable by a fine of mot more than Five Hundred Dollars (500.00) or by lmprisonm~nt in the County Jail 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 which any violation of any provision of this Ordinance, the Partial County. Code adopted herein or the secondary codes adopted by reference 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 of 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 portlons~f this Ordinance, said primary codeor said sedondar~ 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, sentences,~lauses 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 and preservatio~of the public health, peace, safety and welfare 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 concerning 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 i~ line wit~ laws, rules and regulations previously existing under and by virtue of the Jurisdict~on of the County of Santa Clara be immediately imposed upon said area in order to orderly continue the e~isting public peace, health and safety in said area. ! ' This Ordinance was regularly introduced and after the wait- ing time require~ by-I!aw.was thereafter passed and adopted this l~th day of November , ~956 following vote :, AYES: Counci-lmen Brazil, Jepsen,! Langwlll, ';,~il~iams NOES: NOne " ABSENT: Rosasco MAYOR ' The above and foregoing is a true ~ "~ copy of Ordinance which t~,~:,~ published according to law. ATTEST: Deputy City Cterk Bate ~" ACTTNG CITY C~