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4601FOLLOWS: ORDINANCE NO. 4601 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1982 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 15.55 of Title 15 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 15.55 be, and the same is hereby, added to Title 15 of the Anaheim Municipal Code to read as follows: "CHAPTER 15.55 SOLAR ENERGY CODE SECTION 15.55.001 APPROVAL OF CODE The City Council does hereby find and determine, as the result of investigation and tests conducted by the City and its Building Official, or by reason of the accepted principles or tests by recognized national or state authorities, technical or scientific organizations, that the Uniform Solar Energy Code, 1982 Edition, as promulgated by the International Association of Plumbing and Mechanical Officials, is an approved Code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. SECTION 15.55.010 ADOPTION OF CODE Pursuant to the provisions of Sections 50022.1 to 50022.8, inclusive, of the Government Code of the State of California, the City of Anaheim does hereby adopt by reference the Uniform Solar Energy Code, 1982 Edition, as promulgated by the International Association of Plumbing and Mechanical Officials (hereinafter in this chapter referred to as the "Uniform Solar Energy Code"), as amended herein; at least one copy of said Code shall be filed in the office of the City Clerk of the City of Anaheim and shall be kept there for public inspection while said Code is in force. The City Clerk shall at all times maintain a reasonable supply of copies of said Code available for purchase by the public. ..d SECTION 15.55.20.1 ADMINISTRATIVE AUTHORITY Section 20.1 of the Uniform Solar Energy Code is hereby amended to read as follows: Section 20.1. Administrative Authority. The Administrative Authority as such term is used in this Code shall mean the Building Official of the City of Anaheim, California. SECTION 15.55.20.3 VIOLATIONS AND PENALTIES Section 20.3 of the Uniform Solar Energy Code is hereby amended to read as follows: Section 20.3 Violations and Penalties. The penalty for violation of any provision of this code shall be as specified in Section 1.01.370 of the Anaheim Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one -hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee 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; and provided, further, that such suspension or abandonment has not exceeded one(1) year. SECTION 15.55.20.6 COST OF PERMIT Section 20.6 of the Uniform Solar Energy Code is hereby amended to read as follows: -2- 20.6 Cost of Permit. Every applicant for a permit to do work regulated by this Code, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto, as may be required. Such applicant shall pay for each permit at the time of issuance, a fee in accordance with the following schedule, and at the rate provided for each classification shown herein. Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it: was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. The fee for each permit shall be as set forth and established by resolution of the City Council. SECTION 15.55.20.13 BOARD OF APPEALS Section 20.13 of the Uniform Solar Energy Code is hereby amended to read as follows: Section 20.13 Board of Appeals. The City Council of the City of Anaheim is hereby appointed as the Board of Appeals and shall make a determination of any appeal arising from actions of the Administrative Authority. Appeals shall be made in writing and the appellant may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claims. Appeals shall be heard at reasonable times at the convenience of the Board but not later than 30 days after receipt thereof.. The appellant shall cause to be made at his own expenses any tests or research required by the Board to substantiate his claims. The decision of the Board of Appeals shall be final and conclusive." SECTION 3. 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. Any person, firm or corporation violating any provision of this ordinance or failing to comply with -3- any of is requirements 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 is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby 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. SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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 any such portion as may be declared invalid. SECTION 6. CERTIFICATION. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 23rd day of April, 1985. E .1 QWJA,I MAYOR OF THE CITY OF ANAHEIM PRO TEM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:jh:kh:fm 1839U 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 Ordinance No. 4601 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of April, 1985, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of April, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Overholt NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 4601 on the 23rd day of April, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of April, 1985. 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 Ordinance No. 4601 and was published once in the Anaheim Bulletin on the 3rd day of May, 1985. CITY CLERK