HomeMy WebLinkAbout2007-05
ORDINANCE NO. 2007-05
REPEALING THE EXISTING CHAPTER 10 EXCEPT FOR SECTION 10-11 OF THE
DANVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER 10 RELATING
TO BUILDING AND HOUSING CODES
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 10 OF THE DANVILLE MUNICIPAL CODE
EXCEPT FOR SECTION 10-11.
Chapter 10 of the Danville Municipal Code is hereby repealed except for Section 10-11.
SECTION 2. FINDINGS.
Pursuant to the authority of Health and Safety Code Sections 17958.5 and 17958.7, the
Danville Town Council finds that the administrative and non-administrative changes to the
State Building Code set forth in this ordinance are reasonably necessary because of certain
climatic, geologic and topographic conditions within the Town which are unique to the
locality. These specific conditions are as follows:
A. Climatic conditions which are unique to the Town of Danville:
Upper and lower temperature extremes are present creating fluctuations In soils
consistency and building materials strengths and ratings.
Excessive amounts of rainfall over a twenty-four (24) hour period for the hilly and sloping
terrain can create possible erosion and inundation ultimately resulting in the overgrowth of
natural grasses.
Hot and dry summer months are typical of the area which have a tendency to deplete the
moisture content of building materials and soils.
Hot and dry summer winds are present which can dry combustible materials causing fire
devastation.
B. Geologic conditions which are unique to the Town of Danville:
The community is within close proximity to a major earthquake fault and a defined
Alquist-Priolo study area making construction susceptible to the impacts of seismic
activity. Due to this factor, the more marginal materials for lateral resistance has been
disallowed and the bracing of older suspended ceiling systems is required when work is
proposed in the areas where these systems are located.
The expansive nature of the soils within the community which consists primarily of
alluvium require consideration of specific regulations, such as storm water runoff control
to limit the saturation of the soil and establishing minimum foundation reinforcing to resist
the effects of minor soil movement, to insure the public health, safety and welfare is
protected.
C. Topographic conditions which are unique to the Town of Danville:
The predominance of the hillside terrain in conjunction with the expansive soils requires
additional precautionary measures to control and regulate building in these areas. The
control of storm runoff will help minimize erosion due to concentrated flow from
impervious surfaces. The limited access to the hillier areas and the extensive vegetation
throughout Danville warrants more stringent roofing standards to reduce the rate of fire
spread.
The extreme elevation changes between various areas of the Town dictates that unique
consideration be given to these changes and the differences and impacts associated with
the severity of change be addressed in the building code.
SECTION 3. ADDING A NEW CHAPTER 10 TO THE DANVILLE MUNICIPAL CODE
RELATING TO BUILDING AND HOUSING CODES.
10-1 BUILDING CODE.
10-1.1 Adoption.
The California Building Code, Volumes 1 & 2,2007 Edition, and including Appendix 1, as
published by the International Code Council, and as adopted and amended by the
California Building Standards Commission pursuant to Health and Safety Code Section
17922, is adopted in its entirety subject to the changes, additions and deletions set forth in
this subsection. The numbers used herein correspond to the section numbers in the
California Building Code.
Section 104.1 General. Section 104.1 in Appendix 1 of the California Building Code
is amended to read:
"104.1 General. The Building Official is hereby authorized and directed by the
Town of Danville, to enforce the provisions of this code. For such purposes, the
PAGE 2 OF ORDINANCE NO. 2007-05
Building Official shall have the powers of a law enforcement officer. The Building
Official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and
purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code."
Section 105.2 (6) Work exempt from permit. Section 105.2(6) in Appendix Chapter 1 of
the California Building Code is amended to read:
"105.2 (6) Work exempt from permit. Sidewalks, driveways, and detached decks
not more than 30inches above adjacent grade, and not over any basement or story
below and are not part of an accessible route."
Section 108.2 Schedule of permit fees. Section 108.2 in Appendix Chapter 1 of the
California Building Code is amended to read:
"108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alterations requiring a permit, a fee for each permit shall
be paid as required, in accordance with the schedule as established by resolution of
the Danville Town Council.
When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves deferred submittal items as defined in
Section 106.3.4.2, an additional plan review fee shall be charged at the rate
established by resolution of the Danville Town CounciL"
Section 108.4. Work commencing before permit issuance. Section 108.4 in Appendix
Chapter t of the California Building Code is amended to read:
"108.4 Work commencing before permit issuance. Any person who commences
any work on a building, structure, electrical, gas, mechanical or plumbing system
before obtaining the necessary permits shall be subject to a fee established by
resolution of the Danville Town Council that shall be in addition to the required
permit fees."
Section 109.3.5 Lath and gypsum board inspection. Section 109.3.5 in Appendix
Chapter 1 of the California Building Code is amended by deleting the exception.
Section 112.1 Board of Appeals. Section 112.1 in Appendix Chapter 1 ofthe California
Building Code is amended to read:
PAGE 3 OF ORDINANCE NO. 2007-05
"112.1 Board of Appeals. In order to hear and decide appeals of orders, decisions
or determinations made by the Building Official relative to the application and
interpretation of this code, there shall be and is hereby created the Board of
Appeals. The Board of Appeals shall consist of members who are qualified by
experience and training to pass upon matters pertaining to building construction
and building and 1 or property service equipment and who are not employees of
the jurisdiction. The "Board" shall be appointed by the Danville Town Council and
shall hold office at its pleasure. The Board shall adopt reasonable rules and
regulations for conducting business and shall render all decisions and findings in
writing to the Building Official with a duplicate copy to the appellant."
Section 406.1.4 Separation. Section 406.1.4 of the California Building Code is
amended to read:
"406.1.4 Separation. Private garages shall be separated from the dwelling unit and
its attic area by means of a minimum 518 inch Type X gypsum board applied to the
garage side. Garages beneath habitable rooms, storage areas, toilet rooms,
bathrooms, closets, halls, or utility spaces shall be separated from all such rooms or
spaces above by not less than a 518 inch Type X gypsum board or equivalent.
Door openings between a private garage and the dwelling unit shall be equipped
with either solid wood doors or solid or honeycomb core steel doors not less than
1- 3/8 inches thick, or doors in compliance with Section 715.4.3. Openings from a
private garage directly into a room used for sleeping purposes shall not be
permitted. Doors shall be self-closing and self-latching with at least two spring-
type hinges installed on the door."
Section 501.2 Address numbers. Section 501.2 of the California Building Code is
amended to read:
"501.2 Address numbers. Buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These
numbers shall be Arabic numerals or alphabetical letters. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 0.5 inch. Larger
numbers may be required based on the San Ramon Valley Fire Protection District
Standard. For residential occupancies, the minimum number height shall be 3
inches, and the address shall be illuminated. Address illumination shall be by low
voltage, photo-cell, solar, or other approved method."
PAGE 4 OF ORDINANCE NO. 2007-05
Section 705.1.1, 705.1.2, and 705.1.2 Exception. Section 705.1.1,705.1.2, and 705.1.2
Exception, to be completely deleted.
Section 903.2.7 Automatic fire Sprinkler Systems, Group R. Section 903.2.7 of the
California Building Code is amended to read:
"903.2.7 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exception:
1. In detached one-and two family dwellings an automatic sprinkler system
installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be provided
where the fire area exceeds the square footage based on type of construction in
Table 903.2, as adopted in Ordinance #22 by the San Ramon Valley Fire
Protection District, unless specifically required by other sections of the
California Fire Code or classified as Group R-4."
Section 907 fire Alarm and Detection Systems.
Section 907.2.10.5.1 Group R-3 Occupancies is modified to read as follows:
"Section 907.2.10.5.1 Existing buildings housing Group R-l, R-2 or R-3 occupancies
that construct additions, alterations or repairs to Group R occupancies. When the
valuation of an addition, alteration or repair to a Group R Occupancy exceeds
$1,000 and a permit is required, or when one or more sleeping rooms are added or
created in existing Group R Occupancies, smoke alarms shall be installed in
accordance with Sections 907.2.10.1.1 and 907.2.10.1.2 of this section.
Exception: Repairs to the exterior surfaces of a Group R Occupancy are exempt
from the requirements of this section."
Section 1505.1.3 Fire Classification of Roofs. Section 1505.1.3 of the California Building
Code is amended to read as follows:
"1505.1.3. Fire Classification of Roofs. All new roofs for structures with an
occupancy classification of R or U in areas designated on the map entitled Fire Safe
Roof Areas, Town of Danville, as adopted by the Town of Danville, shall include
roof coverings with a fire rating of " A", "B", or "C" which comply with ASTM E
108 or UL 790 for non-wood roofs, and ASTM D 2898 for fire-retard ant-treated
wood roof coverings.
PAGE 5 OF ORDINANCE NO. 2007-05
The entire roof covering of every existing structure where more than 50 percent of
the total roof area is replaced within anyone-year period, the entire roof covering
of every new structure, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure shall be a fire-retardant roof
. covering that is indicated on the map of Fire Safe Roof Areas in which the property
is located. In addition to any other provisions of the Code, fire retardant roof
coverings.
(Class" A" or "B") shall be required for all structures of R-l or R-2 occupancies
where the projected roof area exceeds 3000 square feet.
Nothing in this section shall limit the Town's ability to require additional fire
protection measures, e.g., sprinklers, fire breaks, emergency access roads, fire
suppression fees, etc., in certain areas warranting additional protection. Nor shall
this section be interpreted to limit the Town's police power in planning and zoning
certain areas for limited development because of significant fire hazards.
In the event that a conflict arises within this subsection, the most restrictive
application of this chapter shall apply.
A map of Fire Safe Roofing Areas, as prepared by the Town of Danville is on file at
the Town of Danville and can be amended from time to time."
Section 1510 Reroofing. Section 1510 of the California Building Code is amended by
adding a new subsection 1510.1.1 which reads as follows:
"1510.1.1 Permits. A building permit shall be required for any roof covering
alteration, replacement or repair, unless waived by the Building OfficiaL"
Section 1614.1 General. The text of ASCE 7 shall be modified as indicated in this Section.
"Section 1614.1.3 ASCE 7, Table 12.2.1. Modify ASCE 7 Section 12.8.1.1 by
amending Equation 12.8-5 as follows:
Cs= QJ)l. 0.044 SDsI~ 0.01 (Equation 12.8.5)".
Section 1910.A.1 Minimum Slab Provisions. Section 1910A.l of the California
Building Code is amended to read as follows:
"1910.A.l Minimum Slab Provisions. The thickness of concrete floor slabs
supported directly on the ground shall not be less than 4 inches. The slab shall be
reinforced with not less than 3 1 8 inch thick steel reinforcement bars at a maximum
PAGE 6 OF ORDINANCE NO. 2007-05
of twelve-inches on center installed at mid-height of the slab. When the slab is
installed in habitable or conditioned space, a 6-mil polyethylene vapor retarder
with joints lapped not less than 6 inches shall be placed between the base course or
sub grade and the concrete floor slab, or other approved equivalent methods or
materials shall be used to retard vapor transmission through the floor slab."
Deletion of Gypsum Wall Board, and Lath and Plaster for Bracing. Section 2306.4.5 of
the California Building Code is amended by deleting the use of gypsum wall board
and lath and plaster for bracing.
Section 2308.12.4 Braced wall line sheathing. Section 2308.12.4 of the California
Building Code is amended by requiring the thickness of wood structural panel wall
sheathing to be 318 inch minimum.
Section 3109.4.4.2 Construction permit; safety features required. Section 3109.4.4.2 of
the California Building Code is amended to read as follows:
"Section 3109.4.4.2 Construction permit; safety features required. Commencing
January 1, 1998, except as provided in Section 3109.4.4.5, whenever a construction
permit is issued for construction of a new swimming pool or spa, or a permit is
issued for a remodel of a swimming pool or spa at a private, single-family home, it
shall be equipped with at least one of the following safety features:
1. The pool or spa shall be isolated from access by an enclosure that meets the
requirements of Section 3109.4.4.3."
2. The pool or spa shall be equipped with an approved safety cover.
3. The building shall be equipped with exit alarms on those doors providing
direct access to the pool or spa.
4. All doors providing direct access from the building to the swimming pool or
spa shall be equipped with a self-closing, self-latching device with a release
mechanism placed no lower than 60" inches above the floor.
5. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in Items 1-4
inclusive, as determined by the Building Official of the Town of Danville.
Any ordinance governing child access to pools or spas adopted by the Town
of Danville on or before January 1, 1997, is presumed to afford pr'otection
that is equal to or greater than that afforded by any of the devices set forth in
Items 1-4, inclusive."
Section 3109.4.4.3 # 4. Enclosure; required characteristics. Section 3109.4.4.3 #4 of the
California Building Code is amended to read as follows:
PAGE 7 OF ORDINANCE NO. 2007-05
"3109.4.4.3 # 4. Enclosure; required characteristics. Gaps or voids, if any, do not
allow passage of a sphere equal to or greater than 4 inches in diameter. Where the
spacing of horizontal members in or on an enclosure is less than 45 inches apart,
the gaps or voids shall not allow passage of a sphere equal to or greater than 2
inches in diameter."
10-2 ELECTRICAL CODE.
10-2.1 Adoption.
The California Electrical Code, 2007 Edition, as published by the National Fire Protection
Association, and as adopted and amended by the California Building Standards
Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety
subject to the changes, additions and deletions set forth in this subsection. The numbers
used herein correspond to the section numbers in the California Electrical Code.
Section 89.108.4.2 Fees. Section 89.108.4.2 is amended to read as follows:
"89.108.4.2 Fees. "Subject to other provisions of law, the Danville Town Council
may prescribe fees to defray the cost of enforcement of rules and regulations
promulgated by the Department of Housing and Community Development. The
amount of the fees shall not exceed the amount reasonably necessary to administer
or process permits, certificates, forms, or other documents, and associated training
expenditures to defray the cost of enforcement.
Every person who begins electrical work without first applying for and obtaining
the permit(s) required therefore shall apply as soon as practicable. Any person
who unreasonably delays in applying shall pay a penalty equal to twice the
amount of the permit fee and remain subject to other penalties and enforcement
procedures of this code.
This penalty shall not be imposed when the Building Official is satisfied that the
work was urgently necessary and that prior application was not practicable."
Section 89.108.4.4.1. Unlawful Reconnection. A new subsection 89.108.4.4.1 is added
to the California Electrical Code to read:
"89.108.4.4.1 Unlawful Reconnection. No person shall connect a source of electrical
energy, or supply electrical service, to any electrical equipment which the Building
Official has disconnected or ordered disconnected until he or she issues approval
authorizing its reconnection and use. The Building Official shall notify the serving
utility of the order to discontinue use."
PAGE 8 OF ORDINANCE NO. 2007-05
Section 89.108.4.4.2. Unlawful Wiring, Electric Fences, Warning. A new subsection
89.108.4.4.2 is added to the California Electrical Code to read:
"89.108.4.4.2 Unlawful Wiring, Electric Fences, Warning. Except as herein
provided, no person shall construct or maintain any electric wiring devices,
designed or intended to injure and/ or shock animals or persons, or any
contrivance or apparatus for such purpose.
Livestock Exception. Persons principally engaged in the business of handling
livestock as a primary means of income may electrify fences to control or confine
livestock upon complying with all the following requirements:
Any contrivance or mechanism to control electrical current in such fences shall be
approved by a recognized testing laboratory, and shall include a suitable
interrupting device and such other safety devices to prevent dangerous currents
from attaching to the fence at any time.
Any electrical fence to which the public may have access, except cross fences to
confine and control livestock, shall be posted with a warning notice containing the
following or similar wording: "DANGER ELECTRIC FENCE," or "DANGER
HIGH VOLTAGE." This notice shall be posted along any such main fence at
intervals of not more than two hundred feet, and in letters at least two inches
high."
Section 110.26(D) Illumination. A new Section 110.26(D) (1) is added to the
California Electrical Code to read:
"110.26(D)(1) Public Nuisance Lighting. Lighting fixtures shall be so installed,
controlled or directed that the light will not glare or be blinding to pedestrians or
vehicular traffic or on adjoining property."
10-3 PLUMBING CODE.
10-3.1 Adoption.
The California Plumbing Code, 2007 Edition, as published by the International Association
of Plumbing and Mechanical Officials, and as adopted and amended by the California
Building Standards Commission pursuant to Health and Safety Code Section 17922, is
adopted in its entirety subject to the changes, additions and deletions set forth in this
subsection. The numbers used herein correspond to the section numbers in the California
Plumbing Code.
PAGE 9 OF ORDINANCE NO. 2007-05
Section 101.7.3 Conflicts. Section 101.7.3 is amended to read as follows:
"101.7.3 Conflicts. When the requirements of this code conflict with the
requirements of any other part of the California Building Standards Code, Title 24,
the prevailing standards shall be determined by the Building OfficiaL"
Section 108.4.2 Fees. Section 108.4.2 is amended to read as follows:
"108.4.2 Fees. Subject to other provisions of law, the Danville Town Council may
prescribe fees to defray the cost of enforcement of rules and regulations
promulgated by the Department of Housing and Community Development. The
amount of fees shall not exceed the amount reasonably necessary to administer or
process permits, certificates, forms, or other documents and associated training
expenditures to defray the cost of enforcement."
10-4 MECHANICAL CODE.
10-4.1 Adoption.
The California Mechanical Code, 2007 Edition, as published by the International
Association of Plumbing and Mechanical Officials and as adopted and amended by the
California Building Standards Commission pursuant to Health and Safety Code Section
17922, is adopted in its entirety subject to the changes, additions and deletions set forth in
this subsection. The numbers used herein correspond to the section numbers in the
California Mechanical Code.
Section 108.4.2 Fees. Section 108.4.2 is amended to read as follows:
"108.4.2 Fees. Subject to other provisions of law, the Danville Town Council may
prescribe fees to defray the cost of enforcement of rules and regulations
promulgated by the Department of Housing and Community Development. The
amount of fees shall not exceed the amount reasonably necessary to administer or
process permits, certificates, forms, or other documents, and associated training
expenditures to defray the cost of enforcement."
10-5 SWIMMING POOL, SPA AND HOT TUB CODE.
10-5.1 Adoption.
The Uniform Swimming Pool, Spa and Hot Tub Code, 2006 Edition, as published by the
International Association of Plumbing and Mechanical Officials is adopted in its entirety
PAGE 10 OF ORDINANCE NO. 2007-05
subject to the changes, additions and deletions set forth in this subsection. The numbers
used herein correspond to the section numbers in the Uniform Swimming Pool, Spa and
Hot Tub Code.
Section 102.3.1 Violations. Section 102.3.1 is amended to read as follows:
"102.3.1 Violations. It shall be unlawful for any person, firm, or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish,
equip, use or maintain any swimming pool, spas and hot tub plumbing system or
allow the same to be done in violation of this code. Any person, firm or
corporation who authorizes the plastering of an in-ground swimming pool or spa
without prior approval by the Danville Building Division, shall be subject to a
minimum penalty of five hundred ($500) dollars."
Section 103.4.1 Permit Fees. Section 103.4.1 is amended to read as follows:
"103.4.1 Permit Fees. Fees for the enforcement of rules and regulations within this
code shall be paid as required, in accordance with the schedule as established by
resolution of the Danville Town CounciL"
10-6 CALIFORNIA FIRE CODE.
10-6.1 Adoption.
The California Fire Code, 2007 Edition, as published by the California Building Standards
Commission pursuant to Health and Safety Code Section 17922, is adopted in its entirety
subject to the changes, additions and deletions set forth in this subsection.
Section 903.2.7 Automatic Fire Sprinkler Systems, Group R. Section 903.2.7 of the
California Building Code is amended to read:
"903.2.7 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1. In detached one-and two family dwellings an automatic sprinkler system
installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be provided
where the fire area exceeds the square footage based on type of construction in
Table 903.2, as adopted in Ordinance #22 by the San Ramon Valley Fire
Protection District, unless specifically required by other sections of the California
Fire Code or classified as Group R-4."
PAGE 11 OF ORDINANCE NO. 2007-05
10-7 HOUSE MOVING.
10-7.1 Definitions.
As used in this section:
Applicant means the recorded owner of the land to which the structure is to be
moved.
Building official means the Building Official of the Town of Danville or his duly
designated representative.
Permit means written authorization issued by the Building Division.
Structure means any stationary or semi-stationary object or building constructed of
building materials.
(Ord. 99-03, 93)
10-7.2 Permit Required.
a. Moving Structures. No person shall move, from anywhere, any structure to or within
any lot, piece or parcel of land located within the Town of Danville, or keep or maintain
such structure there, without first having obtained a permit pursuant to this section from
the Building Official.
(Ord. 99-03, 93)
10-7.3 Application for Permit.
a. General Requirements. Every application for a permit to move a structure shall be
made upon forms to be furnished by the Building Official and shall contain the
requirements set forth in paragraphs (b) through (d) of this subsection.
b. Contents. Applications shall contain:
1. The address and signature of the applicant;
2. The location and address of the proposed new location of the structure;
3. The name, address and California state license number of the contractor, if there
be a contractor, or the name and address of the person doing the work involved;
4. Applicant to show proof of ownership of the structure to be moved.
c. Fee for Investigation and Report. The completed application shall be accompanied by a
fee for investigation and report as established by resolution of the Danville Town Council.
PAGE 12 OF ORDINANCE NO. 2007-05
d. Plan Requirements. The application shall be accompanied by a plot plan showing
location of the structure with respect to the property lines and other buildings on the same
lot. The Building Official may require additional plans, specifications and engineering
reports showing details of construction, plumbing, heating and electrical systems, when in
his or her opinion, because of the nature of the work, it would be necessary to show that
the completed structure will comply with the required codes and ordinances.
e. Processing. Every application for a permit to move a structure shall be processed as
set forth in paragraphs (f) through (h).
f. Planning Division Approval. The applicant, or his or her representative, shall present
the application to the Planning Division, which shall endorse its approval on the
application, provided the proposed move will not violate existing zoning regulations.
g. Approval by City Engineer. The applicant shall present the application to the City
Engineer who shall endorse his approval on the application, provided the applicant has
complied with Chapter XIII, Article I, Encroachments.
h. Action by the Building Official. The applicant shall return the application to the
Building Official for further processing. The Building Official shall:
1. Inspect the structure for conformance to the rules and regulations contained in
this subsection;
2. Inspect the building to determine whether it complies with the plans and will
conform with the rules and regulations when completed contained in this section;
3. Inspect the building to determine whether the building, when in place and
completed, will have a finished appearance and will be aesthetically compatible with the
other properties in the vicinity;
4. Determine the estimated cost of placing and completing the building according
to the plans and specifications. No structure in need of sixty (60%) percent or more of
repair shall be moved.
(Ord. 99-03, 93)
10-7.4 Performance Bond Required.
a. Before the permit is issued, the applicant shall post with the Building Official a
performance bond in cash in the amount of five hundred ($500.00) dollars minimum, or ten
(10%) percent of the on-site completion costs as determined by the Building Official under
subsection 10-7.3(h)(4).
PAGE 13 OF ORDINANCE NO. 2007-05
b. The condition of the bond shall be that the applicant shall forfeit the bond upon
failure to place and complete the structure according to plans and specifications within the
time allowed in subsection 10-20.6.
(Ord. 99-03, 93)
10-7.5 Appeal.
a. Filing. If the application is denied by the Building Official for any reason, the
Building Division shall notify the applicant that the application is denied. If the application
is denied because the plans and specifications have not been approved by the Building
Official under subsection 10-7.3(h)(3), the applicant may appeal to the Planning
Commission within ten (10) days after written notificati0l1 of the denial by filing an appeal
with the Planning Division whose decision shall be final and conclusive.
b. Proceedings. Proceedings on appeal shall be had under the procedural ordinance of
the Town of Danville. The administration of these matters is referred to the Planning
Commission.
(Ord. 99-03, 93)
10-7.6 Required Alterations and Improvements; Completion Time.
All required alterations and improvements shall be .completed within ninety (90) days
after the issuance of a permit to move structures. The Building Official may extend the time
period on submission of written proof by the holder of the permit that conditions beyond
his or her control make it impossible to complete the required alterations and
improvements within the ninety (90) day period. (Ord. 99-03, 93)
10-7.7 Nuisance Abatement.
a. Public Nuisance Declaration. Structures that are not completed according to the
submitted plans and specifications within ninety (90) days of the date of issuance of the
permit, and any extension of time that may have been granted by the Building Official,
may be declared a public nuisance by the Town Council.
b. Petition for Hearing. The Building Official shall file a written petition with the
Council requesting a hearing to have the structures declared a public nuisance and setting
forth a brief statement of the grounds therefore.
c. Notice of Hearing. The Building Official shall notify the applicant, and any mortgagee
or beneficiary under any deed of trust of record, at the last known address of the
mortgagee or beneficiary, and if such address is unknown, then it shall be addressed to the
County seat of the hearing before the Town Council at least thirty (30) days prior to the
hearing date. The notice shall be given by sending a copy by registered or certified mail,
PAGE 14 OF ORDINANCE NO. 2007-05
postage prepaid, return receipt requested, to the applicant, at the applicant's address as
contained in his application. The notice shall state the conditions by which the structure is
deficient from the submitted plans and specifications, and shall direct the applicant to
appear before the Council and show cause why such structure should not be declared a
public nuisance and the nuisance be abated as herein provided.
Upon the conclusion of the hearing, the Council may, by resolution, declare its findings
and may declare the structure to be a nuisance and direct the applicant to abate the same,
within thirty (30) days after the date of posting on the premises a notice of the passage of
the resolution, by having the structure properly moved, reconstructed, completed or
repaired, or by having the same razed or removed, and notifying the applicant that if the
nuisance is not abated, the building will be moved, reconstructed, completed, repaired,
razed or removed by the Building Official and the expense thereof made a lien on the lot or
parcel on which the structure is then situated.
d. Abatement Jurisdiction. Thirty (30) days after the posting of the aforesaid resolution,
the Building Official acquires jurisdiction to abate such nuisance by completion and
reconstruction according to. the submitted plans and specifications or by razing or
removing the structure, whichever is of the least cost as determined by contract bids. The
Building Official may have the contract executed under his direction and supervision, and
the cost shall constitute a lien on the lot or parcel on which the structure is then situated.
The abatement procedure is that set forth in Chapter I, subsections 1-5.1 and 1-5.2 of the
Danville Municipal Code.
e. Abatement Expenses, Property Lien. If the Building Official abates the nuisance, he
shall mail a verified statement of expenses and notice of hearing when and where the
statement shall be submitted to the Town Council for approval and confirmation, mailed in
the manner prescribed above for notice of hearing to declare a public nuisance. The hearing
on the statement of expenses shall be held not less than ten (10) days from the date of
mailing, and the Council shall consider any objections or protests as may be raised by
applicant or other interested persons. The Council may make such revision, correction or
modification in the statement as it may deem just after which, by motion or resolution, the
statement of expenses shall be confirmed. The amount of any cash bond deposited
pursuant to subsection 10-7.4 shall be credited to the statement of expenses, or if the
situation warrants, unused portions of the bond shall be refunded to the applicant upon
presentation of the properly executed demand.
The amount of expenses of abating the nuisance, if not paid within five (5) days, shall
constitute a lien on the property, which lien shall continue until the amount thereof and
interest thereon at the rate of seven (7%) percent compounded annually, computed from
PAGE 15 OF ORDINANCE NO. 2007-05
the date of confirmation until paid. Such lien shall be recorded within sixty (60) days of the
date of confirmation and shall be on a parity with the lien of State, County and municipal
taxes.
(Ord. 99-03, 93)
SECTION 4. ENFORCING AGENCY.
The Building Division for the Town of Danville shall administer and enforce the provisions of
this ordinance.
SECTION 5. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within fifteen (15) days after adoption.
This ordinance shall become effective thirty (30) days after adoption.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of the ordinance. The Danville Town Council hereby declares
that they would have adopted the ordinance, and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences,
clauses or phrases was declared invalid.
PAGE 16 OF ORDINANCE NO. 2007-05
The foregoing Ordinance was introduced on November 6, 2007 and approved and adopted
by the Danville Town Council at a regular meeting held on November 20, 2007, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Shimansky, Andersen, Arnerich, Stepper
None
None
Doyle
r
APPROVED AS TO FORM:
Tl.w.t:13 -;e.)
CITY ATTORNEY
ATTEST:
(
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a
true and accurate copy of Ordinance No. 2007-xx of said Town and that said ordinance was
published according to law.
Dated:
City Clerk of the Town ofDanville
PAGE 17 OF ORDINANCE NO. 2007-05