Ordinance 001ORDINANCE N0. 001
AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA,
ADOPTING TITLE 11, ENTITLED "BUILDING TRADE REGULATIONS", OF
THE SANTA CLARA COUNTY ORDINANCE CODE PERTAINING TO BUILDING,
PLUMBING AND ELECTRICAL INSTALLATIONS, AND DESIGNATING THE
BUILDING INSPECTION DIRECTOR OF THE COUNTY OF SANTA CLARA AS
BUILDING INSPECTOR OF THE CITY OF CUPERTINO, PRESCRIBING FOR
THE VIOLATION OF ANY OF THE PROVISIONS HEREOF, AND DECLARING
THIS ORDINANCE TO BE AN URGENCY MEASURE TO TAKE EFFECT
IMNNLEDIA TELY .
The City Council of the City of Cupertino, State of
California does ordain as follows:
Section 1
The City of Cupertino of the County of Santa Clara, State
of California, having become incorporated on the 3rd day of
October, 1955, the City Council of the City of Cupertino does
hereby find and determine that certain regulations hereinafter
more particularly described of an interim or emergency nature
are necessary at this time to protect the public interest,
health, comfort and convenience and to preserve the public
peace, safety and welfare pen3ing the preparation and adoption
of precise building trade regulations pertaining to building,
plumbing and electrical installations in and for the City of
Cupertino. The City Council cf the City of Cupertino further
finds and determines that, pending the adoption of precise
building trade regulations as aforesaid, it is in the public
interest, health, comfort and convenience to adopt Title 11,
entitled "Building Trade Regulations", of the Santa Clara
County Ordinance Code pertaining to building, plumbing and
electrical regulations and said regulations are hereby adopted
for the City of Cupertino.
Section 2
The Building Inspection :Director of the County of Santa
Clara, State of California, is hereby designated the City Build-
ing Inspector of the City of Cupertino, and said Building
Inspector shall enforce the provisions of this Ordinance which
relate to the construction of any building or structure in the
City of Cupertino.
Section 3
upon the issuance of the permit required pursuant to the
provisions of Ordinance No. O~J2 of the City of Cupertino, passed
and adopted the 10th day of O~~tober, 1855, the Building
Inspector shall grant such building permits as may be required
by any person upon the proper application by such person, and
he shall collect fees for and on behalf of the City of Cupertino
as said fees are presently established pursuant to the Santa
Clara County Ordinance Code, 'Pitle 11 thereof.
Section ~
No person, firm or corporation shall hereafter, during the
effectiveness of this ordinan~~e, erect, construct or occupy any
building or structure unless ~~.nd until a permit as hereinabove
set forth shall first have be~:n secured.
Section 5
Any person, firm or corp~~ration, whether as principal, agent
employee or otherwise, violat:Lng any of the provisions of this
ordinance shall be guilty of ~~, misdemeanor, and, upon conviction
thereof, shall be punishable ley a fine of not more than Three
Hundred Dollars ($300.00) or ley imprisonment in the County Jail
of the County Jail of the Cowzty of Santa Clara for a term not
exceeding three (3) months, o:~ by both such fine and imprisonment.
Such person, firm or corporation shall be deemed to be guilty of a
separate offense for each and every day during any portion of which
any violation of this ordinance is committed, continued or permitted
by such person, firm or corporation, and shall be punishable as here=
in provided.
Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions
of this ordinance and~or any use of any land, building or premises
conducted, operated or maintained contrary to the provisions of
this ordinance shall be and the same is hereby declared to be unlaw-
ful and a public nuisance and the City Attorney of the City of
Cupertino shall, upon order of the City Council, immediately commerce
action or proceedings for the abatement and removal and enjoinment
in the manner provided by law and shall take such other steps and
shall apply to such court or courts as may have ,jurisdiction to
grant such relief as will abate and remove such building or structure
and restrain and enjoin any person, firm or corporation from setting
up, erecting, building, maintaining or using gny such building or
structure or using any property contrary to the provisions of this
ordinance.
The remedies provided for herein shall be cumulative and not
exclusive.
Section 6
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held by a Court of competent ,jurisdic-
tion to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the
City of Cupertino hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 7
This ordinance is hereby declared to be an urgency measure, and
shall be in full force and effect immediately upon its adoption.
The facts constituting such urgency are as follows:
The unregulated erection or construction of buildings or
structures, and the unregulated occupancy or use of such buildings
within the limits of the City of Cupertino would inure the public
health, safety, peace, comfort and general welfare of the City of
Cupertino and the residents therein. The City Council of the Cityof
Cupertino believes that various persons intend to erect or construct
such buildings or structures for such uses, to establish such
businesses or uses within said territory, and that said persons will
do so unless prevented from so doing by the immediate adoption of
this ordinance.
PASSED AND ADOPTED by the City Council of the City of Cupertino,
State of California, this 10th day of October, 1955, by the following
vote:
AYES: (5) Councilmen, Lindenmeyer, Wilson, Saich, Meyerholz,
Nathanson
NOES: 0 Councilmen, None
ABSENT: ~03 Councilmen, None
/s/ Ralph E. Lindenmeyer
ATTEST: Ralph E. Lindenmeyer, Acting Mayor
/s/ Burrel Leonard
Burrel Leonard, Acting City Clerk
I, LAWRENCE K, MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
that the within and annexed instrument is a true and correct copy
of Ordinance No. 001 on file in my office and that the same has been
published pursuant to law.
IN WITNESS WHE OF I have hereunto set my hand and City Seal this
'' ~ day of--d-~ ~ 196
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