5541ORDINANCE NO. 5541
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO
THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM
MECHANICAL CODE, THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE, THE UNIFORM
PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE, AND THE 1993 EDITION OF
THE NATIONAL ELECTRICAL CODE; REPEALING EXISTING CHAPTER
15.32 AND ADDING NEW CHAPTER 15.32 TO TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE; AMENDING SECTION 6.56.010 OF CHAPTER
6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
POOLS AND PONDS; AMENDING SUBSECTION 17.04.070 OF CHAPTER
17.04 OF TITLE 17 AND AMENDING CERTAIN PROVISIONS OF CHAPTER
17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO GRADING AND FLOOD HAZARD REDUCTION; AND DECLARING THAT
THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE
IMMEDIATE EFFECT (NEW AMENDMENTS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1. AMENDMENTS TO UNIFORM CODES
Chapter 15.02 of the Anaheim Municipal Code be, and the same
is hereby, amended by the addition of the following Sections
thereto:
1115.02.080 EXPIRATION OF PERMITS ISSUED FOR ALL UNIFORM CODES
Expiration. Every permit issued by the Building Official
under the provisions of this code shall expire by limitation and
become null and void if the building or work authorized by such
permit has not passed final inspection 365 days from the date of
permit issuance. After the original permit has expired, work may
not commence or continue until an investigative inspection or
plan review is conducted to ascertain that no changes have or
will be made in the original plans and specifications.
Appropriate fees for an investigative inspection or plan review
shall be charged.
Once the investigation is complete, a renewed permit shall
be obtained. In order to renew action on a permit after
expiration, the permittee shall be required to pay one-half the
amount required for a new permit for such work, provided that no
changes have been made or will be made in the original plans and
specifications. If new plans and specifications are to be used,
the permittee shall pay a new full permit fee. A renewed permit
shall be valid for 180 days. In order to renew a permit beyond
the 180 day renewal period, the permittee shall pay a new full
permit fee.
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A permittee holding an unexpired permit may apply for an
extension of time within which work may be commenced or continued
under the permit when the permittee is unable to obtain a final
inspection within the time required by this section for good and
satisfactory reasons. The Building Official may extend the time
for action by the permittee for a period not exceeding 180 days
upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from
being taken.
15.02.091 AMENDMENTS TO UNIFORM BUILDING CODE.
The following sections, definitions and provisions of the
Uniform Building Code, 1994 Edition, are amended as set forth in
this section:
.010 Section 106.4.4 relating to Permit Expiration is hereby
deleted since it has been replaced by Section 15.02.080
hereinabove.
.060 Subsection 904.1.1 of Section 904 is hereby amended to
read as follows:
1904.1.1 General. Fire -extinguishing systems shall be
installed in accordance with the National Fire Protection
Association Standards, 1994 Editions, as published by the
National Fire Protection Association, copyright 1994,
Batterymarch Park, Quincy, Massachusetts 02269 as amended by
this code.
Fire hose threads used in connection with fire -extinguishing
systems shall be national standard hose thread or as
approved by the fire department.
The location of fire department hose connections shall be
approved by the fire department.
In buildings used for high -piled storage, fire protection
shall be in accordance with the Fire Code.'
.070 Subsection 904.1.2 of Section 904.1 is hereby amended
to read as follows:
1904.1.2 Standards.
A. Subject to the Exceptions set forth below, fire
sprinkler systems shall comply with the National Fire
Protection Association Standards No. 13, 13-R, and 13-D
except as such standards are amended below:
1. National Fire Protection Association Standard No.
13, 1994 Edition, Section 2-9.1 is here amended as
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follows:
`Waterflow alarm apparatus shall be listed for the
service and so constructed and installed that any flow
of water from a sprinkler system equal to or greater
than that from a single automatic sprinkler of the
smallest orifice size installed on the system will
result in an audible alarm on the premises within two
minutes after such flow begins.'
2. National Fire Protection Association Standard No.
13, 1994 Edition, Section 4-4.1.4.2, Exception 3
amended as follows:
`Exception No. 3: Where sprinklers are installed under
composite wood joists less than 16 inches in depth,
sprinkler deflectors shall be a minimum of 1 inch and a
maximum of 6 inches below the bottom of the composite
wood joist and the joist channels shall be fire -stopped
the full depth of the joist with a material equivalent
to the web construction so that individual channel
areas do not exceed 300 square feet. Where the depth
of the composite wood joist is 16 inches or greater,
protection shall be provided by using one or more of
the following methods:
(a) Provide a sprinkler in each joist channel. The
distance between sprinklers within the joist channel
shall not exceed 15 feet.
(b) Protect the composite wood joist with 5/8 - inch
Type X gypsum wallboard attached directly to the bottom
of the composite wood joist. Joist channels shall be
fire -stopped the full depth of the joist with a
material equivalent to the web construction so that the
volume of individual channels do not exceed 160 cubic
feet.
(c) Completely fill the channel with noncombustible
insulation. The insulation shall be secured to prevent
the insulation from falling. Joist channels shall be
fire -stopped the full depth of the moist with a
material to the web construction so that the volume of
individual channels does not exceed 160 cubic feet.'
3. National Fire Protection Association Standard No.
13, 1994 Edition, Section 4-7.1.1.1 amended as
follows:
`Local water flow alarms shall be provided on each
sprinkler system having more the 5 sprinklers and shall
be located in an area approved by the Fire Chief.'
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4. National Fire Protection Association Standard No.
13-D, 1994 Edition, Section 4-6, Exception No. 3
amended as follows:
`Exception No. 3: sprinklers are not required in open
attached porches, carports and similar structures.'
B. All fire -sprinkler systems shall be designed to utilize
not more than 90 percent of the available water supply as
indicated by a submitted graph sheet as required by the
Uniform Fire code.
C. Automatic sprinkler systems in Group R Occupancies four
stories or less may be in accordance with the National Fire
Protection Association Standard No. 13-R, 1994 Edition.
D. Automatic sprinkler systems in Group R Division 3
occupancies may be in accordance with the National Fire
Protection Association Standard No. 13-D, 1994 Edition as
amended by this code.
E. EXCEPTIONS:
1. Automatic fire -extinguishing systems not covered by
this code or the Building Code shall be approved and
installed in accordance with approved standards.
2. Automatic sprinkler systems may be connected to the
domestic water -supply main when approved by the City of
Anaheim Water Department, provided the domestic water
supply is of adequate pressure, capacity and sizing for
the combined domestic and sprinkler requirements. In
such case, the sprinkler system connection shall be
made between the public water main or meter and the
building shutoff valve, and there shall not be
intervening valves or connections. The fire department
connection may be omitted when approved by the fire
department.'
.080 Subsection 904.1.3 of Section 904.1 is hereby amended
to read as follows:
1904.1.3 Modifications. When residential sprinkler systems
as set forth in the National Fire Protection Association,
Standard No. 13-R, 1994 Edition are provided, exceptions to,
or reductions in, Building Code requirements based on the
installation of an automatic fire -extinguishing system are
not allowed.'
.100 Subsection 904.2.2 of Section 904.2 is hereby amended
to read as follows:
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1904.2.2 Group R occupancies. All newly constructed Group
R Division 1 occupancies four stories or less may be
equipped with a sprinkler system installed in accordance
with the National Fire Protection Association Standard No.
13-R, 1994 Edition has been provided. All newly
constructed Group R Division 3 occupancies may be equipped
with a sprinkler system installed in accordance with the
National Fire Protection Association Standard No. 13-D, 1994
Edition, as amended by this code.'
.110 Section 904.3.1 Item 2 is hereby amended to read as
follows:
1904.3.1 Where required. All valves controlling the water
supply for automatic sprinkler systems and water -flow
switches on all sprinkler systems shall be electrically
monitored where the number of sprinklers are:
1. Twenty or more in Group I, Divisions 1.1 and 1.2
Occupancies.
2. One hundred or more in all occupancies not normally
occupied twenty-four (24) hours a day or provided with
twenty-four (24) hour guard service.
Valve monitoring and water -flow alarm and trouble
signals shall be distinctly different and shall be
automatically transmitted to an approved central
station, remote station or proprietary monitoring
station as defined by U.F.C. Standard 10-2 or, when
approved by the building official with the concurrence
of the Fire Chief, shall sound an audible signal at a
constantly attended location.
Exception: Underground key or hub valves in roadway boxes
provided by the municipality or public utility need not be
monitored.'
.160 Section 420 of Appendix Chapter 4 is hereby amended by
amending the definition of 'Swimming Pool' to read as
follows:
'Swimming Pool' is an structure intended for swimming or
recreational bathing that contains or is designed to contain
water over eighteen (18) inches (457MM) deep. This includes
in -ground, above -ground and on -ground swimming pools, hot
tubs, portable and non-portable spas, and fixed in place
wading pools'.
15.02.111 AMENDMENTS TO NATIONAL ELECTRICAL CODE.
'The following sections, definitions, and provisions of the
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National Electrical Code, 1993 Edition, are amended as set forth
in this section:
.020 Article 100 is hereby amended to amend the definition
of `Qualified Person' to read as follows:
`Qualified Person: One familiar with the construction and
operation of the equipment and the hazards involved.
A C-10 Classification is a bona fide possessor of a valid
registered license to install electrical wiring issued by
the State of California. A C-10 may be the proprietor,
employee or corporation officer, but in all cases shall be
the person who is directly responsible for the physical and
mechanical manner in which electrical material, equipment
and devices are placed or installed. A C-10 Contractor
shall countersign all applications for electrical permits,
and shall supervise all electrical work authorized by such
permit. It shall be unlawful for any C-10 Contractor to
countersign any permit application for any person other than
the person by whom or which he is employed or with whom or
which he is associated or connected.
Exception: The Legal Owner of an R-3 Occupancy is
exempted.'
15.02.131 AMENDMENTS TO UNIFORM MECHANICAL CODE.
The following sections, definitions and provisions of the
Uniform Mechanical Code, 1994 ICBG Edition, are amended as set
forth in this section:
.010 Section 114.4.1 of Chapter 1 relating to Permit
Expiration is hereby deleted since it is superseded by
Section 15.02.080 hereinabove.
.020 Section 304 of Chapter 3 is hereby amended by adding
thereto Subsections 304.8, 304.9, and 304.10 to read as
follows:
1304.8 Screening Equipment regulated by this Code, with the
exception of window mounted air conditioners, when located on the
roof or outside the building shall be screened from public view
with screening which conforms to the architecture of the building
or structure, as established in Title 18 -Zoning.
15.02.140 AMENDMENT TO UNIFORM PLUMBING CODE.
The following sections, definitions, and provisions of the
Uniform Plumbing Code, 1994 IAPMO Edition, are amended as set
forth in this section:
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.010 Subsection 103.3.4 of Section 103 of Chapter 1 is
hereby deleted since it has been superseded by Section
15.02.080 hereinabove.
15.02.161 AMENDMENTS TO THE UNIFORM SWIMMING POOL, SPA AND HOT
TUB CODE
The following sections, definitions, and provisions of the
Uniform Swimming Pool, Spa and Hot Tub Code are amended as set
forth in this section:
.010 Section 1.7 of Part 1 (Administration) is hereby
deleted in its entirety as it has been superseded by
provisions of this Ordinance.
15.02.170 AMENDMENT TO UNIFORM SOLAR ENERGY CODE.
The following sections, definitions, and provisions of the
Uniform Solar Energy Code are amended as set forth in this
Section:
.010 Section 20.3 of Part 1 (Administration) is hereby
deleted in its entirety since it has been superseded by
the provisions of this Ordinance.
SECTION 2. That existing Chapter 15.32 is hereby repealed
and and new Chapter 15.32 is hereby added to Title 15 of the
Anaheim Municipal Code be to read as follows:
15.32.010 MOVING STRUCTURE ONTO LOT IN CITY—PERMIT REQUIRED.
It shall be unlawful for any person, firm or corporation to
move from any point outside the City limits, or from any point
within the City limits of the City of Anaheim, any house,
building or structure of any kind or description onto any
property or lot within the City limits of the City of Anaheim,
without first having obtained from the City Council of the City
of Anaheim a special permit so to do.
15.32.020 APPLICATION FOR PERMIT—HEARING—CRITERIA FOR ISSUANCE.
Upon receiving a written application for a Special Permit to
move any house, building, or structure from a point outside the
City limits of the City of Anaheim onto any property or lot
within the City limits of the City of Anaheim, or to move any
house, building or structure from a point within the City limits
of the City of Anaheim onto any other property or lot within the
City limits of the City of Anaheim, the City Clerk shall fix a
time and place for a public hearing before the City Council upon
said application. Notice of such hearing shall be given in
accordance with Title 18- Section 18.03.060 "Public Hearings on
Petitions." At the time and place fixed for said hearing, the
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City Council shall receive evidence and reports and extend to all
property owners and any other interested persons an opportunity
to be heard. The Special Permit shall be approved or
conditionally approved only if the City Council finds:
.010 That the house, building or structure proposed to be
moved onto such property will be comparable in value,
size, quality, design and appearance to houses,
buildings or structures in the area into which it is to
be moved; and
.020 That said house, building or structure will not be
detrimental to, nor diminish the value of, other
property in the area; and
.030 That said house, building or structure will conform to
the provisions of Title 18 of this code applicable to
the property upon which it will be located.
The findings of the City Council upon such matters shall be
final and conclusive. Said Special Permit required by this
section shall be in addition to the Relocation Permit required by
this chapter.
15.32.030 APPLICATION FOR RELOCATION PERMIT.
Every application to the Building Official for a Relocation
Permit shall be in writing and shall set forth such information
as such Building Official may reasonably require in order to
carry out the purpose of this chapter.
15.32.040 RULES GOVERNING ISSUANCE OF RELOCATION PERMIT.
No permit shall be issued to relocate any building or
structure which is so constructed or in such condition as to be
dangerous, or which is infected with pests or is unsanitary; or
which, if it be a dwelling, is unfit for human habitation; or
which is so dilapidated, defective, unsightly or in such
condition of deterioration or disrepair that its relocation at
the proposed site would cause appreciable harm or be materially
detrimental to the property or improvements in the district
within a radius of one thousand feet from the proposed site; or
if the proposed use is prohibited by the zoning laws of the City;
or if the structure is of the type prohibited at the proposed
location by any Fire District Regulation by any other provision
of the Municipal Code or the zoning regulations of the City of
Anaheim; or if the unlawful,dangerous or defective conditions of
the building or structure proposed to be relocated is such that
remedy or correction cannot be effectively or practicably made in
the judgment of the Building Official. If the condition of the
building or structure, in the judgment of the Building Official,
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admits of practicable and/or effective repair, the permit may be
issued upon the conditions hereinafter provided.
The Building Official in granting any Relocation Permit may
impose such terms and conditions as he may deem reasonable and
proper, including, but not limited to, the requirement of
changes, alterations, additions or repairs to be made to or upon
the buildings or structures, to the end that the relocation
thereof will not be materially detrimental nor injurious to the
public safety or public welfare, or to the property and
improvements or either, in the district or zone, as hereinabove
limited, to which it is to be moved. All relocation permits
shall expire by limitation and become null and void if the
building or work authorized by such permit is not commenced
within 180 days from the date of such permit. Before such work
can be recommenced, a new permit shall be first obtained to do
so, and fee therefor shall be one half the amount required for a
new permit for such work, provided no changes have been made or
will be made in the original plans and specifications for such
work. In order to renew action on a permit after expiration, the
permittee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an
extension of the time within which work may commence under that
permit when the permittee is unable to commence work within the
time required by this section for good and satisfactory reasons.
The Building Official may extend time for action by the permittee
for a period not exceeding 180 days on written request by the
permittee showing that circumstances beyond the control of the
permittee have prevented action from being taken.
15.32.050 RELOCATION PERMIT—WHEN BOND REQUIRED—AMOUNT.
No Relocation Permit shall be issued unless the applicant
therefor shall first post with the Building Official a bond
executed by the owner of the premises where the building or
structure is to be located, as principal, and by a surety
company, approved by the City Attorney and authorized to do
business within the State, as surety.
The bond, which shall be in form joint and several, shall
name the City of Anaheim as obligee, and shall be in an amount
equal to the cost, plus ten percent of the work required to be
done in order to comply with all of the conditions of such
Relocation Permit as estimated by the Building Official. In
addition, the bond shall guarantee replacement of any public
facilities or improvements damaged during the relocation. In
lieu of a surety bond, the applicant may post a bond executed by
said owner, as principal, and which is secured by a deposit of
cash in the amount named above, and conditions as required in the
case of a surety bond; such a bond as so secured is hereinafter
called a "cash bond" for the purposes of this section.
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No bond, however, need be posted in any case where the
Building Official shall determine that the only relocation
involved is that of moving a building temporarily to the
regularly occupied business premises of a house mover or that of
moving a building to adjacent property of the same owner; but the
exceptions herein made shall not apply unless the Building
Official finds that no such security is necessary in order to
assure compliance with the requirements of this section.
15.32.060 RELOCATION PERMIT—TERMS OF BOND.
Every bond posted pursuant to this chapter shall be
conditioned as follows:
.010 That each and all the terms and conditions of the
Relocation Permit shall be complied with to the
satisfaction of the Building Official;
.020 That all the work required to be done pursuant to the
conditions of the Relocation Permit shall be fully
performed and completed within the time limit specified
in the Relocation Permit.
15.32.070 DEFAULT IN PERFORMANCE—NOTICE TO PRINCIPAL AND
SURETY—DUTY OF SURETY.
Whenever the Building Official shall find that a default has
occurred in the performance of any term or condition of any
permit, written notice thereof shall be given to the principal
and to the surety on the bond.
Such notice shall specify the work to be done, the estimated
cost thereof, and the period of time deemed by the Building
Official to be reasonably necessary for the completion of such
work.
After receipt of such notice, the surety must, within the
time therein specified, either cause the required work to be
performed, or failing therein, must pay over to the Building
Official the estimated cost of doing the work as set forth in the
notice, plus an additional sum equal to ten percent of said
estimated cost. Upon receipt of such moneys, the Building
Official shall proceed by such mode as he deems convenient to
cause the required work to be performed and completed, but no
liability shall be incurred therein other than for the
expenditure of the said sum in hand therefor.
15.32.080 ENFORCEMENT OF CASH BOND.
If a cash bond has been posted, notice of default as
provided above shall be given to the principal, and if the
compliance is not obtained within the time specified, the
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Building Official shall proceed without delay and without
notice of proceedings whatever to use the cash deposit or
portion thereof to cause the required work to be done, by
contract or otherwise, in his discretion. The balance, if
such cash deposit shall, upon the completion of the work,
returned to the depositor or to his successors or assigns,
deducting the cost of the work plus ten percent thereof.
further
any
any, of
be
after
15.32.090 DEFAULT BY MOVER—OPTION TO DEMOLISH STRUCTURE AND
RESTORE SITE.
When any default has occurred on the part of the principal
under the preceding provisions, the surety shall have the option,
in lieu of completing the work required, of demolishing the
building or structure, and clearing, cleaning and restoring the
site. If the surety defaults, the Building Official shall have
the same option.
15.32.100 PERIOD AND TERMINATION OF BOND.
The term of each bond posted pursuant to this chapter shall
begin upon the date of the posting thereof, and shall end upon
the completion, to the satisfaction of the Building Official, of
the performance of all the terms and conditions of the Relocation
Permit. Such completion shall be evidenced by a statement
thereof signed by the Building Official, a copy of which shall be
sent to any surety or principal upon request. When a cash bond
has been posted, the cash shall be returned to the depositor or
to his successors or assigns upon the termination of bond, except
any portion thereof that may have been used or deducted as
elsewhere in this chapter provided.
15.32.110 ENTRY UPON PREMISES WHEN AUTHORIZED.
The Building Official, the surety and the duly authorized
representatives of either shall have access to the premises
described in the Relocation Permit for the purpose of inspecting
the progress of the work.
In the event of any default in the performance of any term
or condition of the Relocation Permit the surety or any person
employed or engaged on its behalf, or the Building Official, or
any person employed or engaged on his behalf, shall have the
right to go upon the premises to complete the required work or to
remove or demolish the building or structure.
No person shall interfere with nor obstruct the ingress or
egress to or from any such premises of any authorized
representative or agent of any surety or of the City engaged in
the work or completing, demolishing or removing any building or
structure for which a Relocation Permit has been issued, after a
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default has occurred in the performance of the terms or
conditions thereof.
15.32.120 STRUCTURE TO BE MOVED OUT OF CITY—NO BOND
REQUIRED—ISSUANCE OF PERMIT.
The provisions of this chapter relating to the posting of
bonds shall not apply where the building or structure is to be
moved to a point outside the City limits. In such cases, if the
Building Official finds that the building or structure is so
constructed and in such condition that it may be removed with
safety, a permit shall be issued.
15.32.130 FEE FOR RELOCATION PERMIT—EXEMPTION.
Before any application for a Relocation Permit is accepted,
a fee shall be paid by the applicant to cover the costs of the
City for the investigation of the condition of the building to be
moved, and the inspection of the proposed new location. This
application fee shall be in addition to the regular Building
Permit fee and Relocation Permit fee.
The provisions of this chapter relating to fees and posting
of bonds shall not apply to the relocation of temporary buildings
or structures to be used by governmental agencies for
governmental purposes.
15.32.140 RELOCATION PERMIT—PREREQUISITES TO ISSUANCE.
No Relocation Permit shall be granted unless:
.010 The applicant shall have the building and the proposed
new location inspected by the Building Official;
.020 The applicant shall pay to the Building Official a fee
established by resolution for each permit requested;
.030 A separate application upon a form furnished by the
Building Official shall be filed and a separate permit
obtained for the moving of each building or structure,
or portion of a building or structure.
15.32.150 RELOCATION PERMIT APPLICATION.
Each application for Relocation Permit must show:
.010 The kind of building or structure to be moved;
.020 The street location or either identifying description
of the property to which it is proposed to be moved and
the route over, along and across, and upon which such
building or structure, section or portion thereof is to
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be moved;
.030 The number of sections in which the building or
structure will be moved;
.040 The time when it is proposed to be moved and within
which removal will be completed.
15.32.160 APPLICANT MUST HAVE BUSINESS LICENSE.
No permit shall be issued for Relocation pursuant to the
terms of this chapter unless such house mover shall have been
regularly licensed and authorized to engage in such business at
the time of application for any such permit.
15.32.170 DAMAGE TO STREET—REPAIR—COSTS.
In case of damage to any street by reason of the moving of
any building or structure or section or portion thereof, the
Building Official shall notify Public Works who will cause such
work to be done as may be necessary to restore the street to as
good a condition as the same was in prior to such damage, and
shall charge the cost thereof to the house mover to whom the
permit was issued for relocation such building or structure, or
section or portion thereof.
15.32.180 STRUCTURE BEING MOVED TO BE LIGHTED DURING DARK.
No person moving any building or structure, or section or
portion thereof, over, along, upon or across any street, shall
fail, neglect or refuse to keep a red light burning at all times
between sunset and sunrise, at each corner of such building or
structure, or section or portion thereof, and at the end of any
projection thereon while the same or any part thereof is located
in or upon any street.
15.32.190 PROTECTION OF SIDEWALK.
No person shall drive any wagon or other vehicle over, along
or across any cement or other improved sidewalk or curb, unless
planking is laid thereon in such manner as to protect such
sidewalk or curb. No person shall remove any such planking except
the person by or for whom it was laid, unless permission therefor
is granted by the Public Works Director, provided, however, that
the provision of this section shall not apply to the driving of
vehicles over sidewalks or curbs at places where cement or
asphalt crossings are constructed across such sidewalks or curbs,
or where expressly permitted by ordinance or by written approval
of the Public Works Director.
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15.32.200 TIRES OF VEHICLES ON STREETS—PROTUBERANCES
RESTRICTED
No person shall operate upon or cause to be operated upon
the improved portion of any concrete, asphalt, rock and oil, or
oiled street, or public way in the City any vehicle having
thereon a tire or tires on the periphery of which there is or are
any blocks, studs, flange, cleat, ridge, bead or any wood which
projects beyond the tread of the traction service of the tire.
This section shall not prohibit the use of tire chains of
reasonable size to prevent skidding when upon wet or slippery
surfaces, nor shall the restriction of this section apply to such
vehicle when its operation upon any street or road is necessary
in the construction or repair thereof.
SECTION 3. That Section 6.56.010 Chapter 6.56 of Title 6 of
the Anaheim Municipal Code be, and it is hereby, amended to read
as follows:
116.56.010 FENCE REQUIRED—SPECIFICATIONS.
.010 Any swimming pool, ponds or other body of water on
private property designed or intended to contain water
more than eighteen inches in depth at any point, shall
be enclosed by a fence or wall adequate to prevent
entry of small children. The solid walls of a dwelling,
building, structure or other natural barrier may
constitute a part of the fence or wall. Such fences
shall comply with the Sections 419, 420, and 421 of the
Appendix of the Anaheim Building Code.
.020 Any swimming pool, pond or other body of water which
was built prior to July 1, 1968, which does not comply
with this chapter shall be brought into compliance on
or before July 1, 1993. No water shall be placed into
any pool, pond or body of water which violates any
provision of this chapter.
.030 Compliance. No pool or pond subject to this chapter
shall be plastered or filled with water until the
Building Official has determined that the provisions of
this chapter have been met.
.040 Exception: The provisions of this chapter shall not
apply to any swimming pool, pond or other body of water
which, when filled to capacity, exceeds a surface area
of one-quarter acre."
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SECTION 4.
Title 17 of the
amended to read
"17.04.070
A
That Subsection 17.04.070 of Chapter 17.04 of
Anaheim Municipal Code be, and it is hereby,
as follows:
PERMITS—ISSUANCE BY BUILDING INSPECTOR IN
CONNECTION WITH BUILDING PERMIT—DUTIES OF
BUILDING INSPECTOR.
Whenever grading is performed on a lot or parcel of land in
connection with the construction of a building or structure
on such lot or parcel of land for which a permit has been
issued by the Building Inspector, the Building Inspector
shall perform all of the duties specified by this chapter to
be performed by the City Engineer, except supervision and
inspection of work performed on public property or work on
drains, dams or revetments, which shall be performed by the
City Engineer. All walls or other similar structures on
private property required by the City Engineer in connection
with permits issued by him shall be constructed under permit
from and inspected by the Building Inspector."
SECTION 5. Subsection 17.28.030 of Chapter 17.28 of Title
17 of the Anaheim Municipal Code is hereby amended as follows:
`17.28.030 DEFINITIONS.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the
meaning they have in common usage and to give this chapter
its most reasonable application.
.010 "Appeal" means a request for a review of the City
Engineer or Planning Director's (or their designees)
interpretation of any provision of this chapter or a
request for a variance.
.015 "Accessory use" means a use which is incidental and
subordinate to the principal use of the parcel of land
on which it is located.
.020 "Area of shallow flooding" means a designated AO, AH or
VO Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and
velocity flow may be evident.
.030 "Area of special flooding hazard" means the land in the
flood plain within the City subject to a one percent or
greater chance of flooding in any given year. This
area is designated as Zone A, AO, AH, Al -30, VO, and
V1-30 on the FIRM.
15
.040 "Base flood" means the amount of water generated from
runoff of a storm and having a one percent chance of
being equaled or exceeded in any given year (also
called the 11100 -year flood").
.045 "Base Flood Elevation (BFE)" means the water surface
elevation of the base flood in relation to the National
Geodetic Vertical Datum (NGVD).
.050 "Breakaway walls" mean any type of walls, whether solid
or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material which are not part of the structural
support of the building and which are so designed as to
breakaway, under abnormally high tides or wave action,
without damage to the structural integrity of the
building on which they are used or any buildings to
which they might be carried by flood waters.
.060 "Building Official" means the Chief Building Inspector
of the City of Anaheim, or his designated
representative.
.070 "City" means the City of Anaheim, California.
.080 "Coastal high hazard area" means the area subject to
high velocity waters, including but not limited to
coastal and tidal inundation or tsunamis. The area is
designated on a FIRM as Zone V1-30.
.090 "Development" means any man-made change to improved or
unimproved real estate including, but not limited to,
buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials
located within the area of special flood hazard.
.095 "Development Permit" means for the purpose of Chapter
17.28 only, a building, grading, conditional use permit
or other permit relating to development as defined
herein.
.098 "Elevation Certificate" means the FEMA required
elevation certificate.
.100 "Existing manufactured home park or subdivision" means
a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on
which the manufactured homes are to be affixed
(including, at a minimum, the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is
16
a
completed before the effective date of the floodplain
management regulations adopted by a community.
.110 "Expansion to an existing manufactured home park or
subdivision" means the preparation of additional sites
by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed
(including the installation of utilities, the
construction of streets, and either final site grading
or the pouring of concrete pads).
.120 "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface
waters from any source.
(3) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood, or by some similarly unusual
and unforeseeable event which results in flooding as defined
in this definition.
.130 "Flood Boundary Floodway Map" means the official map on
which the Federal Insurance Administration has
delineated both the areas of flood hazard and the
floodway.
.140 "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and
the risk premium zones applicable to the City.
.150 "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary
Floodway Map, and the water surface elevation of the
base flood.
.155 "Floodplain" means any land area susceptible to "flood
or flooding."
.156 "Floodproofing" means any combination of structural and
nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to
17
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real estate or improved real property, water and
sanitary facilities, structures and their contents.
.160 "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one foot (also referred to as the "Regulatory
Floodway").
.165 "Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
.166 "Historic Structure" means any structure that is: (a)
Listed individually in the National Register of
Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements
for individual listing on the National Register; (b)
Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district; (c)
Individually listed on a State inventory of historic
places in States with historic preservation programs
which have been approved by the Secretary of Interior;
or (d) Individually listed on a local inventory of
historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved State program as determined by the
Secretary of the Interior; or (2) Directly by the
Secretary of the Interior in States without approved
programs.
.168 "Insurable structure" means a roofed structure which
has a minimum of two rigid walls in place. Silos and
grain storage buildings, and buildings in the course of
construction are insurable structures.
.170 "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other
than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the
applicable nonelevation design requirements of this
chapter.
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.180 "Manufactured home" means a structure, transportable in
one or more sections, which is built on a permanent
chassis and is designed for use with or without a
permanent foundation when attached to the required
utilities. The term manufactured home" does not include
a "recreational vehicle".
.185 "Manufactured home park or subdivision" means a parcel
(or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
.190 "New construction" means, for the purposes of
determining insurance rates, structures for which the
"start of construction" commenced on or after the
effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent
substantial improvements to such structures. For
floodplain management purposes, "new construction"
means structures for which the "start of construction"
commenced on or after the effective date of a
floodplain management regulation adopted by a community
and includes any subsequent substantial improvements to
such structures.
.200 "Recreational vehicle" means a vehicle which is: (a)
built on a single chassis; (b) four hundred square feet
or less when measured at the largest horizontal
projection; (c) designed to be self-propelled or
permanently towable by a light duty truck; and (d)
designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational,
camping, travel or seasonal use.
.201 "Special flood hazard area (SFHA)" means the land in
the floodplain within the City subject to a one percent
or greater chance of flooding in any given year. This
area is designated as Zone A, AE, AO, and AH on the
FIRM.
.210 "Start of construction" includes substantial
improvement, and means the date the building permit was
issued; provided, the actual start of construction,
repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within one hundred
eighty days of the permit date. The actual start means
either the first placement of permanent construction of
a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a
foundation. Permanent construction does not include
land preparation, such as clearing, grading and
19
filling; nor does it include the installation of
streets, and/or walkways; nor does it include
excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor
does it include the installation on the property of
accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual
start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the
external dimension of the building.
.220 "Structure" means a walled and roofed building, a gas
or liquid storage tank and/or a manufactured home that
is principally above ground and permanently affixed to
a site.
.225 "Substantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would
equal or exceed fifty percent of the market value of
the structure before the damage occurred.
.230 "Substantial improvement" means any rehabilitation,
reconstruction, addition, proposed new development, or
other improvements, the cost of which equals or exceeds
fifty percent of the market value of the structure
before the "start of construction" of improvement. This
term includes structures which have incurred
"substantial damage," regardless of the actual repair
work performed. The term does not, however, include
either (1) any project for improvement of a structure
to correct existing violations of State or local
health, sanitary or safety code specifications which
have been identified by the local Building Official and
which are the minimum necessary to assure safe living
conditions or (2) any alteration of a "historic
structure," provided that the alteration will not
preclude the structure's continued designation as a
"historic structure."
.240 "Variance" means the grant of relief from the
requirements of this chapter which permits construction
in a manner that would otherwise be prohibited by this
chapter. "
M
SECTION 6. Subsection 17.28.050 of Chapter 17.28 of Title
17 is hereby amended to read as follows:
1117.28.050 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal
Insurance Administration (FIA) of the Federal Emergency
Management Agency (FEMA) in the Flood Insurance Study (FIS)
for the City of Anaheim dated September 15, 1989 and the
Flood Insurance Rate Maps (FIRM) dated September 15, 1989
and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this
chapter. This Flood Insurance Study and attendant mapping is
the minimum area of applicability of this ordinance and may
be supplemented by studies for other areas which allow
implementation of this ordinance and which are recommended
to the City of Anaheim by the City Engineer. The study and
FIRMS are on file in the offices of the Planning Director
and/or City Engineer of the City of Anaheim."
SECTION 7. Subsection 17.28.100 of Chapter 17.28 of
Title 17 is hereby amended to read as follows:
1117.28.100 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be obtained before any
construction, other development, or placement of a
mobilehome begins within any area of special flood hazard
established pursuant to Section 17.28.050, hereof.
Application for a Development Permit shall include, but not
necessarily be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions and elevation of
the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location
of the foregoing. Specifically, the following information
shall be required and prepared by a registered professional
engineer or architect:
.010 Proposed elevation in relation to mean sea level of the
lowest floor (including basement) of all structures. In
Zone AO, elevation of the highest adjacent grade and
proposed elevation of lowest floor of all structures.
.020 Proposed elevation in relation to mean sea level, to
which any structure will be floodproofed;
.030 Certification by a registered professional engineer or
architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 17.28.130.030.033 and shall be
noted on all plans and drawings submitted:
21
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.040 Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development."
SECTION 8-. Subsection 17.28.120 of Chapter 17.28 of Title
17 is hereby amended to read as follows:
1117.28.120 DUTIES AND RESPONSIBILITIES OF THE PLANNING
DIRECTOR.
Duties of the Planning Director, or his designee, shall
include, but not be limited to:
.010 Permit Review.
.011 Review permits to determine that the permit
requirements of this chapter have been satisfied.
.012 Review permits to determine that the site is reasonably
safe from flooding.
.020 Information to be Obtained and Maintained. Obtain and
maintain for public inspection and make available as
needed for Flood Insurance Policies:
.021 The certified elevation required in Section
17.28.130.030.031.
.022 The certification required in Section
17.28.130.030.032.
.023 The floodproofing certification required in Section
17.28.130.030.033.
.024 The certified elevation required in Section
17.28.160.020.
SECTION 9. Subsection 17.28.125 is hereby added to Chapter
17.28 of Title 17 of the Anaheim Municipal Code to read as
follows:
"17.28.125 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.
.010 Review all permits to determine if the proposed
development adversely affects the flood carrying
capacity of the area of special flood hazard. For
purposes of this chapter, "adversely affects" means
that the cumulative effect of the proposed development
when combined with all other existing and anticipated
development will not increase the water surface
elevation of the base flood more than one foot to any
point.
22
.020 Alteration of Watercourses.
.021 Notify, in riverain situations, adjacent communities
and the State Department of Water Resources prior to
any alteration or relocation of a watercourse, and
submit copies of such notification to the Federal
Insurance Administration.
.022 Require that the flood carrying capacity of the altered
or relocated portion of said watercourse is maintained.
.030 Interpretation of
where needed, as t
boundaries of the
example, where the
mapped boundary an
person contesting
given a reasonable
interpretation as
hereof."
FIRM Boundaries. Make interpretations
o the exact location of the
areas of special flood hazards (for
re appears to be a conflict between a
d actual field conditions). The
the location of the boundary shall be
opportunity to appeal the
provided in Section 17.28.190
SECTION 10. Subsection 17.28.130 of Chapter 17.28 of Title
17 of the Anaheim Municipal Code is hereby amended to read as
follows:
1117.28.130 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following
standards are required:
.010 Anchoring.
.011 All new construction and substantial improvement shall
(i) be designed (or modified) and adequately anchored
to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy,
(ii) be constructed with materials resistant to flood
damage, (iii) be constructed by methods and practices
that minimize flood damages, and (iv) be constructed
with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
.012 All manufactured homes shall meet the anchoring
standards of Subsection 17.28.170.010.
.020 Construction Materials and Methods.
23
.022 All new construction and substantial improvements shall
be constructed using methods and practices that
minimize flood damage.
.030 Elevation and Floodproofing.
.031 New construction and substantial improvement of any
structure shall have the lowest floor, including
basement, elevated at least one foot above the base
flood elevation. Nonresidential structures may meet the
standards in Subsection 17.28.130.022. Prior to final
building and zoning inspections, the elevation of the
lowest floor including basement shall be certified by a
registered professional engineer or surveyor and an
elevation certificate completed and provided to the
Planning Director, or his or her designee.
.032 New construction and substantial improvement of any
structure in Zone AO shall have the lowest floor,
including basement, elevated above, in feet, the depth
number specified on the FIRM above the highest adjacent
grade. If there is no depth number on the FIRM, the
lowest floor, including basement, shall be elevated two
feet above the highest adjacent grade. Nonresidential
structures may meet the standards in Section
17.28.130.030.033. Upon completion of the structure, a
registered professional engineer shall certify that the
elevation of the structure meets this standard and
provide the certification to the official set forth in
Section 17.28.120.030.
.033 Nonresidential construction shall either be elevated in
conformance with Section 17.28.130.030.031 or
17.28.130.030.032 or together with attendant utility
and sanitary facilities:
(a) Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(b) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
and
(c) Be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certification shall be provided to the
official as set forth in Section 17.28.120.020.023.
.034 Mobile homes shall meet the above standards and also
the standards in Section 17.28.170.
24
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.035 All new construction and substantial improvements with
fully enclosed areas below the lowest floor that are
usable solely for parking of vehicles, building access
or storage in an area other than a basement and which
are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
flood waters. Designs for meeting this requirement must
be certified by a registered professional engineer
within the State of California or meet or exceed the
following minimum criteria:
A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers or
valves."
SECTION 11. Subsection 17.28.190 of Chapter 17.28 of Title
17 of the Anaheim Municipal Code is hereby amended to read as
follows:
1117.28.190 VARIANCE PROCEDURE.
.010 The City Council of the City of Anaheim shall hear and
decide appeals and requests for variances from the
requirements of this chapter.
.020 The City Council shall hear and decide appeals when it
is alleged there is an error in any requirement,
decision, or determination made in the enforcement or
administration of this chapter.
.030 The City Council shall be final and conclusive.
.040 In passing upon such applications, the City Council
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
chapter; and
.041 The danger that materials may be swept onto other lands
to the injury of others;
.042 The danger to life and property due to flooding or
erosion damage;
.043 The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
25
v
.044 The importance of the services provided by the proposed
facility to the community;
.045 The necessity to the facility of a waterfront location,
where applicable;
.046 The availability of alternative locations, for the
proposed use which are not subject to flooding or
erosion damage;
.047 The compatibility of the proposed use with existing and
anticipated development;
.048 The relationship of the proposed use to the
comprehensive plan and flood plain management program
for that area;
.049 The safety of access to the property in times of flood
for ordinary and emergency vehicles;
.050 The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and
.051 The costs of providing governmental services during and
after flood conditions, including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets
and bridges.
.052 Upon consideration of the factors of Section
17.28.190.040 and the purposes of this chapter, the
City Council may attach such conditions to the granting
of variances as it deems necessary to further the
purposes of this chapter.
.060 The City Clerk shall maintain the records of all appeal
actions and report any variances to the Federal
Insurance Administration upon request.
.070 Conditions for Variances.
.0701 Variances may be issued for the repair or
rehabilitation of historic structures upon a determination
that (a) the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic
structure and (b) the variance is the minimum necessary to
preserve the historic character and design of the structure.
.0702 Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
26
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flood discharge would result.
.0703 Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
.0704 Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will
not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
.0705 Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to
be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation. "
SECTION 12. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of an such portion as many be declared
invalid.
SECTION 13. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
27
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SECTION 14. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance or any provision of the Uniform
Codes adopted by this ordinance. Any person, firm or corporation
violating any provision of this ordinance or the Uniform Codes or
failing to comply with any of the requirements therein shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months, or
by both such fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a separate offense for each
day during any portion of which any violation of any of the
provisions of this ordinance or the Uniform Codes is committed,
continued or permitted by such person, firm or corporation, and
shall be punishable therefor as provided for in this ordinance.
SECTION 15. EFFECTIVE AND OPERATIVE DATES
This ordinance shall take effect immediately; however, it
shall become operative on December 28, 1995.
SECTION 16. DECLARATION OF URGENCY
The City Council declares that this ordinance is necessary
as an emergency measure for the immediate preservation of the
public peace, health or safety, and the reasons for the urgency
are as follows:
1. This ordinance adopts the Uniform Building Codes,
1994 Edition, and the National Electrical Code, 1993
Edition, with certain amendments thereto which are
reasonably necessary for preservation of the public peace,
health or safety (the local amendments).
2. The local amendments are necessary due to certain
climatic, geographical and topographical conditions,
including the fact that the City of Anaheim is
geographically located in an area which is subject to
periodic extremely high velocity wind conditions. Said
condition is further accentuated by the topographical
features of the hill and canyon areas in the easterly
portion of the City. Additionally, the City of Anaheim is
subject to seasonal high temperatures and dry atmospheric
conditions which often occur during times of the high
velocity winds as hereinabove described. Due to these local
conditions, as well as other conditions set forth more
specifically in the Resolution setting forth local
conditions justifying amendments to the Uniform Building
Codes, it is necessary for the welfare and safety of the
citizens of Anaheim that local amendments take place to
4.11
govern the special conditions of Anaheim.
3. Many of the local amendments being proposed in the
adoption of the Uniform Building Codes have been imposed for
a number of years and represent a stated practice within the
City. If the Uniform Codes without local amendments become
effective even for a short period of time, it will create
confusion in enforcement, a large increase in the building
fees that will be paid by the public to obtain their permits
and will allow conditions necessitating such local
amendments to go unremedied.
4. Under Health and Safety Code Section 17958, the
Uniform Building Codes, without any local amendments, will
become effective in the City of Anaheim 180 days after its
adoption by the State Building Standards Commission, or by
December 28, 1995, if the City does not have its own
ordinance in effect by that time.
5. Unless this ordinance, including the local
amendments set forth herein, is adopted as an emergency
measure, said ordinance will not be in effect on or before
December 28, 1995.
6. For the aforesaid reasons, it is necessary to
adopt this ordinance as an emergency measure for the
immediate preservation of the public peace, health or
safety.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 12th day of December, 1995.
ATTEST:
MAYOR OF THE CITY OF AN EIM
CITY CLERK OF THE CITY OF ANAHEIM
29
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Leonora N. Sohl, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance
No. 5541 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
12th day of December, 1995 and after reading of the ordinance in full by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5541 on the 12th day
of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th
day of December, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5541 and was published once in the Orange County Register on the 21st day of December, 1995.
CITY CLERK OF THE CITY OF ANAHEIM