HomeMy WebLinkAboutOrd 17951
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ORDINANCE NO. 1795
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 18.07 TO
SPECIFY REQUIREMENTS FOR ISSUANCE OF A DEMOLITION PERMIT, TO
CLARIFY CIVIL PENALTIES FOR WORK WITHOUT CONSTRUCTION PERMITS,
AND TO CLARIFY FEE SCHEDULE FOR CONSTRUCTION PERMITS
THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS
FOLLOWS:
Rection 1.
(a) It is important that buildings in the City not be demolished unless proper safeguards are
taken to ensure environmental review is conducted, property values are preserved in the
neighborhood, and unlawful construction is prevented. In addition, unlawful construction or
demolition adversely affects neighborhoods, endangers public safety, wastes public resources, and
imposes an unnecessary burden on the community. Civil penalties should be in place that discourage
such practices and compensate the community in case of such violations. This ordinance is intended
to address these concerns. This ordinance also clarifies that the fees for construction permits are set
by Council action.
(b) The City Council hereby finds and declares that this amendment to Chapter 18, Uniform
Administrative Code, promotes and implements the original policy of the Chapter and the Code, and
does not significantly broaden its scope of application. In addition, this ordinance is intended to and
does protect public health and safety.
Section 2. Anew Section 18.07.065 is added to read as follows:
18.07.065 Section 303.1 amended —Issuance
A fourt
h paragraph is added to Section 303.1 to read as follows:
Demolition permits will only be issued after all approvals required by title 25 of this code and
the California Environmental Quality Act are granted for the overall project for which the demolition
is intended, and in any event, will only be issued simultaneously with the construction permits for
the project.
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1 Exceptions:
2 a. If a property owner does not intend to construct anything on the property following
3 demolition in the foreseeable future, the property owner shall file a declaration under penalty of
4 perjury to that effect, and the building official may issue the demolition permit on the condition that
5 the property where the demolition is to occur will be properly secured and landscaped.
6 b. If the city has ordered the demolition of the structure because it is an imminent danger to
7 public health or safety, the building official may issue the demolition permit on the condition that the
8 property where the demolition is to occur will be properly secured and landscaped even though the
9 property owner has not applied for any construction permits.
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11 Section 3. Subsection 18.07.080(a) is amended to read as follows:
12 (a) The first sentence of the first paragraph of Section 304.2 is amended to read as follows$
13 The fee for each permit shall be as established by resolution or ordinance adopted by the city council,
14 plus any additional fees which may be established or mandated by state or federal law or city
15 ordinance.
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17 Section 4. Section 18.07.090 is amended to read as follows:
18 18.07.090 Section 304.3 amended—Plan review fees.
19 Section 304.3 is amended by adding a new second and third paragraphs:
20 When the submittal documents require review for compliance with State access regulations, an
21 access plan review fee shall also be paid at the time of submittal. This fee shall be as established by
22 resolution or ordinance adopted by the city council.
23 When the submittal documents require review for compliance with State energy regulations, an
24 energy plan review shall also be paid at the time of submittal. This fee shall be as established by
25 resolution or ordinance adopted by the city council.
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27 Section 5. Section 18.07. 100 is amended to read as follows:
28 18.07.100 Section 304.5 amended -Investigation Fees: Work without a Permit.
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(a) The first sentence of Section 304.5.1 is amended to read as follows:
04.5.1 investigation, Investigation. Whenever construction or work for which a permit is required by this code,
or any other code adopted or incorporated by reference as a part of this code, has been commenced
without first obtaining a permit, a special investigation shall be made before a permit may be issued
for the work. Demoon of all or any part of a structure without a required permit shall be subject
to the investigation and fees imposed by this section.
(b) Section 304.5.2 is amended to read as follows:
304.5.2 Fee. An investigation fee, in addition, to the permit fee, shall be collected as a civil penalty,
whether or not a permit is then or subsequently issued. The investigation fee shall be up to ten times
the building permit fee. The investigation fee shall be determined by the building official and shall
be based on the staff time reasonably required to resolve all of the issues related to the work that has
been performed without a permit. No construction permit shall be issued until the investigation fee
has been paid in full.
Any person assessed such a fee may file an appeal with the city clerk within ten (1 O) days
after written notice to such person of the assessment. A hearing upon such appeal shall thereafter be
held by the city council; its decisions thereon shall be final.
Nothing in this section shall relieve any persons from fully complying with the requirements
of this code, or with any codes incorporated by reference and made a part
of this code in the
execution of the work, or from any other fees or penalties prescribed by law.
Section 6. This ordinance shall be published as required by law.
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6'
h day of
November, 2006, and adopted thereafter at a regular meeting of the City Council held on the 4th day
of December, 2006, by the following vote:
12/4/2006
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AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
U:\FILES\ORDINANC\uac2006.bld.doc
12/4/2006
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t� City Clerk