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~