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4638FOLLOWS: ORDINANCE NO. 4638 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1982 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW CHAPTER 15.36. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 15.36 of Title 15 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That Title 15 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Chapter 15.36 to read as follows: " CHAPTER 15.36 UNIFORM HOUSING CODE 15.36.001 APPROVAL. The City Council does find and determine, as the result of study and investigation conducted by the City and its Building Officials, that the International Conference of Building Officials' Uniform Housing Code, 1982 Edition, is an approved Code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. 15.36.010 ADOPTION OF UNIFORM HOUSING CODE Pursuant to the authority granted to the City by Sections 50022.1 to 50022.8 of the Government Code of the State of California, the City of Anaheim does hereby adopt by reference the International Conference of Building Officials' Uniform Housing Code, 1982 Edition, with amendments thereto. Three (3) copies of said Code shall be filed in the office of the City Clerk of the City of Anaheim at least fifteen (15) days preceding the hearing hereinafter provided for, and shall be kept there for public inspection while said Code is in force; all of which copies shall be certified to be true copies by the City Clerk; following the adoption of said Code, the City Clerk shall, at all times, maintain a reasonable suppply of copies of said Code available for purchase by the public. 15.36.201 ENFORCEMENT Section 201 of the Uniform Housing Code is hereby amended to read as follows: (a) Authority. The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this Code and the Health Officer will enforce those portions of the Code as apply to sanitation, maintenance, ventilation, use or occupancy. (b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official, the Health Officer or their authorized representatives have reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises substandard as defined in Section 1001 of this Code, the Building Official, the Health Officer or their authorized representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or the Health Officer by this Code; provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, the Health Officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to properly permit entry therein by the Building Official, the Health Officer or their authorized representatives for the purpose of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor. (c) Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. -2- Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary, and safe condition including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this Code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage, and other organic waste in a manner required by the health ordinance and approved by the health officer. Every occupant shall, where required by this Code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. 15.36.203 HOUSING ADVISORY AND APPEALS BOARD Section 203 of the Uniform Housing Code is hereby amended to read as follows: In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Housing Advisory and Appeals Board. The Building Official shall be an ex officio member of and shall act as secretary to said Board. The Housing Advisory and Appeals Board shall be the City Council. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this Code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public. Ma 15.36.204 VIOLATIONS Section 204 of the Uniform Housing Code is hereby amended to read as follows: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code. The penalty for violation of any provision of this Code shall be as specified in Section 1.01.370 of the Anaheim Municipal Code. 15.36.303 INSPECTION Section 303 of the Uniform Housing Code is hereby deleted. 15.36.350 MODIFICATIONS The City Council reserves the right and power at its own discretion or upon the recommendation of the Chief Building Inspector to modify any of the provisions of the Uniform Housing Code when there are practical difficulties in the way of carrying out the strict letter thereof, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done." 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 any of its 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. -4- FM SECTION 4. 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 5. 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 6. CERTIFICATION The City Clerk shall certify to the passage of t;iis 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, 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 10th day of September, 1985. '44 'OOK�4�? MAJnR OF THE CITY ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 4014M 080285 -5- 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. 4638 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of August, 1985, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of September, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4638 on the 10th day of September, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of September, 1985. T / TY 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. 4638 and was published once in the Anaheim Bulletin on the 20th day of September, 1985. CITY CLERK