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8/6/81
ORDINANCE NO. NS-1596
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING THE SANTA ANA MUNICIPAL CODE
BY ADDING DIVISION 4 TO ARTICLE IV OF
CHAPTER 2 ESTABLISHING A UNIFORM CODE
APPEALS BOARD; ADDING SECTIONS 8-90.1,
8-392, 8-557, 8-1162, 14-2, AND AMENDING
SECTIONS 8-206 AND 8-1904 THERETO, RE-
LATING TO APPEALS TO BE HEARD BY SAID
UNIFORM CODE APPEALS BOARD
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1. That the Santa Ana Municipal Code,
is hereby amended by adding a division, to be numbered 4, to
Article IV of Chapter 2, which said division reads as
follows:
Division 4. UNIFORM CODE APPEALS BOARD
Sec. 2-450. Establishment of Uniform Code
Appeals Board
There is created a uniform code appeals board of
the City of Santa Ana, having such powers as set forth in
this Code. The said board shall consist of seven (7)
members, at least five (5) of which members shall be
qualified by experience and training to pass upon matters
pertaining to building construction. Members shall be
subject to appointment and removal and shall serve terms in
accordance with Section 901 of the Charter of the City of
Santa Aha. The said board may adopt procedural rules for
conducting its hearings.
SECTION 2. That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 8-
90.1, which said section reads as follows:
Sec. 8-90.1 Board of Appeals (Section 204)
Section 204 of the Building Code is amended to
read as follows:
The uniform code appeals board shall have
the power and be required to hear appeals
regarding determination of the suitability
of alternate materials and methods of
construction, and to provide for reasonable
interpretation of the Building Code in the
event of a dispute.
SECTION 3. That section 8-206 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 8-206. Appeals
The uniform code appeals board shall have the
power and be required to hear appeals regarding
determination of the suitability of alternate
materials and methods of construction, and to
provide for reasonable interpretation of the
provisions of this division in the event of
a dispute.
ORDINANCE NO. NS-1596
PAGE TWO
SECTION 4. That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 8-392,
which said section reads as follows:
Sec. 8-392. Board of Appeals (Section 20.14)
Section 20.14 of the Uniform Plumbing Code is
amended to read as follows:
The uniform code appeals board shall have
the power and be required to hear appeals
from actions of the administrative authority.
The appellant shall cause to be made at his
own expense any tests or research required
by the board to substantiate his claims.
SECTION 5. That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 8-557,
which said section reads as follows:
Sec. 8-557. Board of Appeals
Section 203 of the Uniform Mechanical Code is
amended to read as follows:
The uniform code appeals board shall have
the power and be required to hear appeals
regarding determination of the suitability
of alternate materials and methods of in-
stallation, and to provide for reasonable
interpretation of the Mechanical Code in
the event of a dispute.
SECTION 6. That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 8-
1162, which said section reads as follows:
Sec. 8-1162. Appeals Board (Section 203).
Section 203 of the Uniform Housing Code is amended
to read as follows:
The uniform code appeals board shall have the
power and be required to provide final inter-
pretation of the provisions of the Housing Code,
and to hear appeals provided for hereunder.
Any reference in the Uniform Housing Code to
the "Housing Advisory and Appeals Board" shall
be deemed to mean the uniform code appeals
board. Appeals to the board shall be processed
in accordance with the provisions contained
in Section 1201 of the Uniform Housing Code.
SECTION 7. That section 8-1904 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 8-1904. Board of Appeals
Section 205 of the Uniform Dangerous Building Code
is amended to read as follows:
The uniform code appeals board shall have
the power and be required to provide final
interpretation of the provisions of the
Dangerous Building Code, and to hear appeals
ORDINANCE NO. NS- 1596
PAGE THREE
provided for hereunder. Appeals to the board
shall be processed in accordance with the
provisions contained in Section 501 of this
code.
SECTION 8. That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 14-2,
which said section reads as follows:
Sec. 14-2.
Board of Appeals (Section 1.215)
Section 1.215 of the Uniform Fire Code is amended
to read as follows:
The uniform code appeals board shall have
the power and be required to hear appeals
regarding determination of the suitability
of alternate materials and type of con-
struction, and to provide for reasonable
interpretation of the provisions of the
Fire Code in the event of a dispute.
SECTION 9. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or
unconstitutional.
SECTION 10. Neither the adoption of this
ordinance nor the repeal hereby of any ordinance shall in
any manner affect the prosecution for violation of
ordinances, which violations were committed prior to the
effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection
of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations hereunder
appertaining shall continue in full force and effect.
ADOPTED this 8th day of September , 1981,
by the following vote:
AYES:
NOES:
COUNCILMEMBERS: Acosta, Bricken, Griset,
Luxembourger, McGuigan, Serrato
COUNC ILMEMBERS: Markel
ABSENT: COUNCILMEMBERS: None
· MAYOR
CLERK O~J~HE COUNCIL
APPROVED AS TO FORM:
EDWARD J. C~OPER~
CITY ATTORNEY