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HomeMy WebLinkAbout403 - OrdinancesORDINANCE NO~ 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 15.08.130 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADDING SECTION 15.08.135 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO REINSPECTIONS AND REPEATED INSPECTIONS AND DECLARING THE URGENCY THEREOF A. Recitals. (i) The City of Rancho Cucamonga has experienced the completion of residential housing projects which have resulted in the discovery of inferior workmanship and building code violations subsequent to the residences being occupied. (ii) The occurrences indicated in Recital (i) above are not uniformly distributed throughout residential building projects in the City of Rancho Cucamonga but, rather, are concentrated in particular projects where requests for inspections, reinspections and repeated inspections are numerous and still do not prevent the later discovery of code violations and inferior workmanship. (iii) The situation described in Recitals (i) and (ii) above are generating financial hardship on the City of Rancho Cucamonga by generating requests for services on inspections and reinspections on particular projects which far exceed the amount of income generated to the City of Rancho Cucamonga through the collection of building permit fees related to those projects. (iv) The occurances referenced above in these Recitals are causing a manpower shortage in the Building Department of the City of Rancho Cucamonga due to the demand put on that Department by certain projects through repeated requests for inspections and reinspections. (v) The occurances described in Recitals (i) through (iv) above constitute a continuing and immediate threat to the public health and safety and require the application of an imnediate remedy through the adoption of this Ordinance as an Urgency Ordinance. B. Ord i nance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and ordain as follows: SECTION 1: This Council hereby finds that all of the facts set forth in the Recitals, Part ~, of this Ordinance are true and correct. SECTION 2: Section 15.08.130 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "Section 305 (h) of said Uniform Administrative Code is hereby amended to read as follows: Ordinance No. 403 Page 2 Section 305 (h) Reinspections. A reinspection fee as set forth in a City Council Resolution may be assessed for each reinspection made necessary due to work not being ready at the requested time of inspection, or for reinspection of work not corrected after the issuance of a prior written correction notice or for a reinspection made necessary because of faulty or deficient workmanship or materials of construction regulated by this code or the technical codes adopted hereby." SECTION 3: Section 15.08.135 hereby is added to the Rancho Cucamonga Municipal Code to read as follows: "Section 305 of said Uniform Administrative Code is hereby amended by adding Subsection (i) to read as follows: Section 305 (i) Repeated Reinspections In the event that, as related to any single family dwelling unit or any ~uilding permit issued for a mul tipl e-family building, an initial reinspection has been performed in accordance with Subsection (h) above, and a further reinspection is determined to be necessary by the Building Official to achieve the performance of accepted construction practices related thereto; or in the event that such reinspections are ultimately required on three or more dwelling units within any final tract map, the Building Official shall require posting of a cash deposit to be drawn upon to cover costs of providing inspection and reinspection on a full time basis. Further, all inspections for the project shall be suspended until such time as the deposit is received and judged by the Building Official to be sufficient to complete the project. The estimated costs of providing this increased level of inspection shall be determined by the Building Official in accordance with a Resolution of this Council establishing hourly charges. Additionally, the deposit shall be based upon a reasonable determination of the time necessary to complete the entire phase, project or subdivision of which the dwelling unit or multiple family building is a part. The expenses incurred by the City in providing additional inspection shall be deducted from the deposit posted and any remaining balance shall be returned to the depositor upon completion of the project. Upon determination by the Building Official that the original deposit is insufficient for any remaining inspection costs, an additional cash deposit shall be provided for completion of all anticipated inspections." SECTION 4: Based upon the fi ndi ngs set forth above i n this Ordinance, this Council hereby finds and concludes that the immediate adoption of this Ordinance as an Urgency Ordinance is necessary for the protection of the public health and safety and, accordingly, this Ordinance shall take effect immediately upon-its adoption. Ordinance No. 403 Page 3 SECTION 5: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 18th day of October, 1989. Alexander, Brown, Buquet, Stout, Wright AYES: NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA j. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced and passed as an urgency measure at the regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of October, 1989. Executed this 19th day of October, 1989 at Rancho Cucamonga, California. Debra J.~}kdams, City Clerk'