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Ordinance - 1771c. ORDINANCE NO. 1771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, O VII, IX, DIVISION 1 •AND ARTICLE XIII OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1985 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY CODE AND THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Council of the City of West Covina, California, does ordain as follows: SECTION 1. Articles II, III, IV, V, VI, VII, Article IX, Division 1 and Article XIII of Chapter 7 of the West Covina Municipal Code are hereby revised as to the following Sections as follows: ARTICLE II - BUILDING CODE Section 7-16. Adopted. Except as otherwise provided in this Article, the 1985 Editions of the Uniform Building Code and Uniform Building Code Standards prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 19 8$ were made a public record of the City, including all appendices and indices, are hereby adopted and made a part hereof as if fully set out in this Section. One copy of each such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-17. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-16 of this Municipal Code, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Department of Building and Safety: shall mean the Department of Building and Safety of the City. Building Official: shall mean the City Building and Safety Director or other designated City Officer. Health Officer: shall mean the County Health Officer. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. .Section 7-18. Section 205 amended. 0 Section 205 of the Code adopted by Section 7-16 of this Mun.icipal Code is hereby amended to read as follows: "Section 2-5. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, relocate, demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions. of the Building Code if constructed after the effective date of such Code, shall constitute a continuing violation of such Code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion therof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00).or by imprisonment for not more than six (6) months, or both such fine and imprisonment." Section 7-18.3. Section 3-4 amended. Section 304 of the Code adopted by Section 7-16 of this Municipal Code is hereby amended to read as follows: "Section 304. FEES. (a) Building permit fees. A fee for each building permit shall be paid to the Building Official as set forth in resolution of the City Council. Determination of value under any of the provisions of this Code shall be made by the Building Official. The valuation to be used in computing the permit and and plan review fees shall be the total value of all construction work for which permit is issued, as well as all finish work, painting, work for which permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent work or permanent equipment. Where work for which permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees spec.ified in this Section shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. O(b) Plan review fees. When the valuation of the proposed construction exceeds one thousand dollars ($1,000.00), a plan review fee shall be paid to the Building Official at the time of submitting plans and specifications for review. Said plan review fees shall be sixty—five (65) percent of the building permit fees as set forth in the City Council resolution. (c) Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In -order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation fees. Work without a permit. 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special inspection shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The inspection fee shall be paid to the Building Official as set forth in resolution of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. (e) Exemption from fees. Neither the State nor this nor any other County, City, District or other political subdivision, nor any public officer or body acting in his official capacity on behalf of the State or of this or any County, City, District or other political subdivision shall pay or deposit any fee. This Section does not apply to the State Compensation Insurance Fund or Public Housing Authority or where a public officer is acting with reference to private assets which have come under his jurisdiction by virtue of his office. (f) Refunds. In the event that any person shall have obtained a building permit and no portion of the work or construction covered by such permit has been commenced and O such permit shall have been cancelled as provided for in Subsection (d) of Section 303, the permittee, upon presentation to the Building Official, of a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eighty (80) percent of the building permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than twenty five dollars ($25.00). In case a permit is issued in error by the Building Official, all fees will be returned to.applicant upon request. No refund shall be granted when receipt of the request occurs more than one (1) year following payment of the permit or plan review fee. No portion of the plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty (80) percent of the plan review fee may be refunded; however, the portion of the fee retained shall never be less than twenty five dollars ($25.00). The Building .Official shall satisfy himself as to the right applicant to such refund and each such refund shall as provided by law for the payment of claims against such paid City." Section 7-18.4. Table 3-A deleted. of be the Table 3-A of the Code adopted by Section 7-16 of this Municipal Code is hereby deleted. Section 7-18.13. Automatic Fire Sprinkler Systems Section 3802(a) notwithstanding any other provisions of this section, an approved automatic fire sprinkler system shall be installed: 1. On all new buildings exceeding 1.0,000 square feet in floor area. 2. In any existing building after the completion of any major alteration or addition which will exceed 10,000 square feet of floor area. 3. In any existing -building valuation of alterations, as determined by the Building Official persuant to Section 304(b), exceeds $40,000.00 in any one 12 month period. Section 7-18.14. Section 7007 amended. Section 7007 of the Code adopted by Section 7-16 of this Municipal Code is hereby amended to read as follows: "Section 7007. FEES. Fees for grading permits and grading plan review shall be paid to the appropriate City officer as set forth in resolution of the City Council." Sections 7-19 through 7-36. Reserved. ARTICLE III - ABATEMENT OF DANGEROUS BUILDINGS CODE Section 7-37. Code adopted. Except as otherwise provided in this -Article, the 1985 Edition of the Uniform Code for the Abatement of Dangerous Buildings, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 1988, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provisions of the Municipal Code, the amendment or addition shall control. Section 7-38. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-37, such term shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Health Officer: shall mean the County Health Officer. Section 7-39. Section 203 amended. Section 203 of the Code adopted by Section 7-37 of this Municipal Code is hereby amended to read as follows: "Section 203. VIOLATIONS AND PENALTIES. No person, firm or corporation, whether as owner, lessee, sublessee, -or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both fine and imprisonment." Sections 7-40 through 7-48. Reserved. ARTICLE IV - ELECTRICAL CODE Section 7-49. Adopted. Except as otherwise provided in this Article, the 1987 edition of the National Electrical Code, prepared and copyrighted by the National Fire Protection Association, Boston, Massachusetts, and including the Uniform Administrative Code Provisions for the National Electrical Code, 1987 Edition, prepared and copyrighted by the International Conference of Building Officials, Whittier, California, which on the 25th day of January , 1988, were made a public record of the City, including all indices and appendices are hereby adopted and made a part hereof as if fully set out in this section. at least one (1) copy of said Codes as well -as any secondary Codes incorporated by said Codes shall be kept on file in the Office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in said Codes and any amendments thereto contained in this Article, the amendment or addition shall control. �� I Section 7-49.2 Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-49 of this Municipal Code, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Department of Building and Safety: shall mean the Department of Building and Safety of the City. Building Official: shall mean the City Building and Safety Director or other designated City Officer Chief Electrical Inspector: shall mean the City Building and Safety Director or other designated City Officer. Section 49.3. Section 204 amended. Section 204 of the Code adopted by Section 7-49 of this Municipal Code is hereby amended to read as follows: "Section 49.3. Violations and Penalties. It is unlawful for any person, firm or corporation, either as owner, architect, contractor, artisan or otherwise, to do or knowingly to cause o•r permit to be done any electrical wiring as defined in this Code in such manner that the same shall not conform to all of the provisions of this Code. It shall be unlawfull for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring devices, appliances or equipment for the installation of which a permit is required, unless such person, firm or corporation shall have obtained satisfactory evidence from the Director that such wiring, devices, appliances or equipment are in all aspects in conformity with all applicable legal provisions. Any person, firm or corporation violating any provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment." Section 92-4. Section 304(a) amended. Section 304 of the Code adopted by Section 7-49 of this Municipal Code is hereby amended to read as follows: "Section 304. Fees. (a) A fee for each electrical permit and for the work to be done thereunder shall be paid to the City as set forth in a resolution duly adopted by the City Council. (b) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (c) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for electrical work shall be equal to twenty five (25) percent of the total permit fee as set forth in the City Council Resolution. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the City Council Resolution. (c) Expiration of Plan Review. Applications for which no permit is issued within one hundred eighty (180), days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation Fees: Work Without A Permit. 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this Code nor from any penalty prescribed by law. (e) Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was.erroneously paid or collected. 2.. The Building Official may.authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. 3. The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment." .Section 92-5. Table 3-A deleted. OTable 3-A of the Code adopted by Section 7-49 of this Municipal Code is hereby deleted. ARTICLE V - HOUSING CODE Section 7-61. Adopted. Except as otherwise provided in this Article, the 1985 Edition of the Uniform Housing Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 1988, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-62. Definitions. Whenever any of the follwing terms are used in the Code adopted by Section 7-61, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department Of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Health Officer: shall mean the County Health Officer. Section 7-63. Section 204 amended. Section 204 of the Code adopted by Section 7-61 of this Municipal Code is hereby amended to read as follows: "Section 204. VIOLATIONS. 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 in the City, or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. Any person, ' firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment." ARTICLE VI - MECHANICAL CODE Section 7-73. Adopted. Except as otherwise provided in this Article, the 1985 Edition of the Uniform Mechanical Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 19a, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-74. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-73, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Health Officer: shall mean the County Health Officer. Section 7-75. Section 204 amended. Section 204 of the Code adopted by Section 7-73 of this Municipal Code is hereby amended to read as follows: "Section 204. VIOLATIONS. It shall be unlawful for any person, firm or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, cooling or refrigeration equipment in the City or cause or permit the same -to be done, contrary to or inviolation of any of the provisions of this Code. Maintenance of equipment which was -unlawful at the time it was installed and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment." Section 7-77. Section 304 amended. Section 304 of the Code adopted by Section 7-73 of this Municipal Code is hereby amended to read as follows: "Section 304. FEES. (a) Permit fees. A fee for each mechanical permit shall be paid to the City as set forth in resolution of the City Council. (b) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302., a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal to twenty five (25) percent of the total permit fee as set forth in the City Council Resolution. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be . charged at the rate shown in the City Council Resolution. (c) Expiration of Plan Review. Aplications for which no permit is issued within one hundred eighty (160) days following the date of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. O (d) Investigation Fees: Work Without A Permit 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. (e) Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. 3. The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment." Sections 7-78 through 7-84. Reserved. ARTICLE VII. PLUMBING CODE Section 7-85. Adopted. Except as otherwise provided in this Article, the 1985 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, (except the provisions of Sections 401, 503 and 1004, which provisions of the 1979 Uniform Plumbing Code as adopted by the City, shall remain in effect as required by State law) prepared and copyrighted in Los Angeles, California, which on the 25th day of January , 198$_, was made a public record of the City, including all its indices and appendices, is hereby adopted and made a part hereof as if fully set out in this Section. at least one (1) copy of said Code, as well as any secondary Codes incorporated by said Code, shall be kept on file in the office of the City Clerk. In the event of any conflict or amiguity between any provision contained in said Code and any amendment thereto contained in this Article or other provision of the OMunicipal Code, the amendment, addition or provision shall control. Section 7-86. Definitions. Whenever any of the following terms are used in the Codes adopted by Section 7-85, such names or terms shall be deemed to have the meaning ascribed to them in this Section as follows: Administration Authority: Safety Director. Section 7-87. Section 20.3 amended. shall mean the City Building and Section 20.3 of the Code adopted by Section 7-85 of this Municipal Code is hereby amended to read as follows: "Section 20.3. VIOLATION AND PENALTIES. Section 20.3 Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars (S1)000.00) or by imprisonment not to exceed six (6) months, or both fine and imprisonment. Each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense, and upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit of approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year." OSection 7-88. Section 20.7 amended. Section 20.7 of the Code adopted by Section 7-85 of this Municipal Code is hereby amended to read as follows: "Section 20.7. FEES. (a) Every applicant for a permit to do work regulated by this Code shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and in the amount and kind of connection therewith, together with such information, pertinent thereto, as may be required. Such applicant shall pay for each permit, at the time of issuance a fee as set forth in resolution of the City Council. Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this Section for such work, provided, however, that this portion shall not apply to emergency work when it shall be proved to be the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. For the purpose of this Section a sanitary plumbing outlet on or in which a plumbing fixture or appliances may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc., involved. (b) Exemption from fees. Neither the State or this nor any other County, City, District or other political subdivision nor any public officer or body acting in this official capacity on behalf of the State or of this or any County, City, District, or other political subdivision shall pay or deposit any fee. This Section does not apply to the State Compensation Insurance Fund or Public Housing Authority or where a public officer is acting with reference to private assets which have come under his jurisdiction by virtue of his office. (c) Refunds. In the event that any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have been provided for in Subsection (e) of this Section, the permittee upon presentation to the Building Official of a written request on a form provided therefor, shall be entitled to a refund in an O amount to eighty (80) percent of the building permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than .twenty five dollars ($25.00). In case a permit is issued in error by the Building Official all fees will be returned to the applicant upon request. No refund shall be granted when receipt of the request occurs more than one (1) year following payment of the permit or plan check fee. - No portion of the plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty (80) percent of the plan checking fee may be refunded; however, the portion of the fee retained shall never be less than twenty five dollars ($25.00). The Building Official shall satisfy himself as to the right of each applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City." Section 7-92 through 7-97. Reserved. ARTICLE IX. SIGNS DIVISION 1. GENERALLY Section 7-134. Code - Adopted. Except as otherwise provided in this Article, the 1985 Edition of the Uniform Sign Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 1988, was made a public record of the City, including all its indices and appendices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-135. Same.- Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-134, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety ODirector or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Health Officer: shall mean the County Health Officer. Section 7-136. Same - Section 103(d) amended. Section 103(d) of the Code adopted by Section 7-134 of this Municipal Code is hereby amended to read as follows: "(d) Violations and penalties. 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 sign or sign structure in the Ci-ty or cause or permit the same to be done contrary to or in violation of any of the provisons of this Code. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any provisions of this Code is committed, continued, or permitted; and, upon conviction of any such violation, such. person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment." Section 7-137. Same - Section 303 deleted. Section 303 of the Code adopted by Section 7-134 of this Municipal Code is hereby deleted. Section 7-138. Same - Section 304 amended. Section 304 of the Code adopted by Section 7-134 of this Municipal Code is hereby amended to read as follows: "Section 304. FEES. A sign permit fee shall be paid as set forth in resolution of the City Council." Section 7-139. Same - Section 402(c) amended. Section 402(c) of the Code adopted by Section 7-134 of this Municipal Code is hereby amended to read as follows: "(c) Permitted combustible materials. Nonstructural trim, portable display surfaces and signs applied directly against noncombustible surfaces may be of wood boards not less than one (1) inch nominal thickness, exterior type panels not less than three -eighths (3/8) of an inch nominal thickness, metal, approved plastics or any combination thereof." Section 7-140. Same - Section 404 added. Section 404 of the Code adopted by Section 7-134 of this Municipal Code is hereby added to read as follows: "Section 404. Notwithstanding any provision to the contrary contained in this Code, no permit shall be issued for any sign in violation of any other provision of the West Covina Municipal Code. Any permit issued for erection of such sign is automatically void and shall be cancelled by the Building and Safety Director." Section 7-141. Same - Chapters 5 through 12 and 14 deleted. Chapters 5, 6, 7, 8, 9, 10, 11, 12, and 14 of the Code adopted by Section 7-134 of this Municipal Code are deleted. Chapter 13 of the Code adopted by Section 7-134 of this Municipal Code is amended to read as follows: "Section 1302-C. New Section Amendments to the West Covina Building Code regarding exposed neon signs. (1) Exposed neon installation methods which either are not addressed in the National Electrical Code (adopted in Article IV, Section 7-49 and Section 7-49.1 of the Municipal Code) or which cannot be UL labeled, shall be subject to the requirements of this section of the Municipal Code. (2) Wall -mounted and detached exposed neon installations shall require non-combustible backing where attached to structures with a facing of wood or other flammable material. (3) Exposed electrode housings shall be prohibited, except in the case of installations directly onto a non-combustible solid wall, such as a tilt -up cement wall. (4) Neon installations of a height less than 12' shall be encased and/or covered to protect the neon tubes. (5) The exposed neon installation permit application shall specify and include a description of all parts and an installation plan. (6) Any applicant for an exposed neon installation permit, by the acceptance or use thereof, agrees to protect the city and hold the city, its officers and employees, free and harmless from any and all liability, claims and damages arising out of or alleged to arise out of the issuance or use of such permit. (7) On -site installation inspections shall be required at the time of the installation. The inspector shall have visual access to all parts as well as,to the installation. (8) Installation parts shall be listed or recognized by a third party certification agency engaged in a minimum of quarterly inspection of manufacturing sites, such as Underwriters Laboratories. All parts shall be utilized or installed only as listed or recognized by a certification agency. (9) Electrode housing shall be required for all electrodes except when installation is directly onto non-combustible solid -wall installation, electrodes not housed in -wall shall be enclosed in non-combustible, non -absorbent, water tight insulating material. (10) P-K Neon Electrode Receptacles or comparable electrode housings shall be used for in -wall installations. Quick Connects shall be prohibited. (11) Exposed wire shall be prohibited. Wire shall be contained in conduit at all times." Sections 7-142 through 7-147. Reserved. ARTICLE XIII - SOLAR ENERGY CODE Section 7-220. Adopted. Except as otherwise provided in this Article, the 1985 Editon of the Uniform Code for Solar Installations, prepared and copyrighted in Los Angeles, California, by the International Conference of Building Officials and the International Associ.ation of Plumbing and Mechanical Officers which on the 25th day of January , 1988, was made a public record of the City, included all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in said Code and any amendment thereto contained in this Article, the amendment or addition shall control. Section 7-221. Definitions. Whenever any of the following terms used in the Code adopted by Section 7-220, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Building and Safety Department: shall mean the City Department of Building and Safety. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Health Officer: shall mean the County Health Officer. Section 7-222. Section 20.3 amended. Chapter 1 of .the Code adopted by Section 7-220 of this Municipal Code is hereby amended by adding the following new Section 109 to read as follows: "Section 109. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced, any solar equipment, without first obtaining a permit from the Administrative Authority. A separate permit shall be obtained for each building or structure except that a single permit may be issued for a single-family residence and a building or buildings accessory thereto when both are constructed at the same time. No person shall allow any other person to do or cause to be done any work under permit secured by a permittee except in his employ. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Every permit issued by the Administrative Authority under the provisons of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work in commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made, or will be made int he original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year." OARTICLE XV Section 7-250. Adopted. Except as other wise provided in this Article, the 1983 edition of "Guidelines For Manufactured Housing Installations" prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 25th day of January , 1988, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as secondary codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this Article, or other provisions of the Municipal Code, the amendment or addition shall control. Section 7-251. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-251 of this Municipal Code, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Department of Building and Safety: shall mean the Department of Building and Safety of the City. Building Official: shall mean the City Building and Safety Director or other designated City Officer. Health Officer: .shall mean the County Health Officer. Fire Chief: shall mean the General Manager, San Gabriel Valley Fire Authority. Section 7-252. Section 252 of the Code adopted by Section 7-250 of this Municipal Code is hereby amended to read as follows: Section 252. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, relocate, demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Building Code. Maintenance of a building or structure which was unlawful at the time it was constructed and which would be unlawful under the Building Code if constructed after the effective date of such Code, shall constitute a continuing violation of such Code. 0 Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or both such fine and imprisonment." Section 7-253 through 7-259. Reserved. SECTION 2. If any Section, Subsection, sentence, clause, phrase, part or portion ofthis Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each Section, Subsection, sentence, clause, phrase, part or portion thereof, irrespective clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. The Mayor shall sign and City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 14 th day of March , 19-.ag, O Ma or ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF WEST COVINA ) I, Helene M. Mooney , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1771 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of January , 19$$. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the . City Council on the 14th day of March , 19 8§ by the following vote, to wit: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTAIN: Councilmember: APPROVED AS TO FORM: CITY ATTORNEY Tennant, Bacon, Manners, Chappell None . Shearer None City Clerk CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 7 7, was published, pursuant to law, in the San e Gabriel Valle Tribune newspaper of general circulation published Y � a9 and circulated in the City of West Covina. V Ze Janet Berry, City Clerk City of West Covina, Ca ornia DATED: $x