Ordinance 892 ~ ~
ORDLNANCE N0. 892
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.24
OF THE CUPERTINO MUNICIPAL CODE SY ADOPTItiG THE "UNIFORM
HECHANICAL CODE", 1976 EDITION AND APPROPRIATE EXCEPTIONS
~ THERETO
THE CITY COllNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 16.24 of the G~pertino Hunicipal Code is hereby amended Co read
as follorrs: • '
Section 16.24.010 Adopted by_Reference -
That certain code entitled "Uniform Mechanical Code" 1976 Edition
(hereinafter referred to in this Ordinance as the Unifoim Mechanical Code
1976 Edition), three (3) copies of which are on file in the office of the Ci[y
Clerk for uae and examination by the public, excepting thoae proviaions herein-
after noted, is hereby adopted by reference.
Sec[ion 16.24.020 Name Insertion
The names "Cupertino" and/or "California" shall be inaerted in
the appropriate places provided thereof in each and every section of said
Mechanical Code wherein the name of the City or State ie left blank.
Section 16.24.030 AearinA
This Ordinance shall, after firat reading, be scheduled for public
hearing as provided in Section 50022.3 af the Government Code of the State
of California. Notice of hearing shall be publiehed pursuant to Section 6066
oi the Gavernment Code in the Cupertiau Courier. Copien af the Unifozw ..ach-
anical Code, 1976 Edition, and this Ordinance shall be on file vith the City
Clerk and open for public inspection. Notice of hearing shall generally
describe purpoae and aub~ect matter of the Ordinance.
Section 16.24.040 Severability
If any aection, subsection, sentence, clause or phrase of this
Ordinance ia for any reason held to be unconstitutional, such deciaion ahall
not affect the validity of the remaining portions of this Ordinance. The
legislative body hereby deciares that it would have enacted thia Ordinance
and each aection, suhsec[ion, sentence, clause or phrase thereof; irzespectlve
of the fact that any one or more sections, subsections, sentences, clauaes
or phrases be declared unconstitutional.
Section 16.24.050 Board of Appeals ,
Section 203 Amended:
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In order to determine the suitability of alterna[e ma[eziale and
methods of conatruccion and to provide for reasonable lnterpretatioas of
the provisions of this Code, there shall be and 1e hereby created a Board
of Appeals, consisting of five memhezs who aze qualified by experience and
training to pass upon matters-pertaining to building conetructlon installa-
tiona and materials. The Building Official ahall be an ex-officio member
and ehall act as Secretary bf the Board. The Board of Appeals ahall be
appointed by the Hayor, aubjec[ to the approval of the City Council, and
shall hold office at his pleasure. The Board shall adopt reseonable rulea and
~ regulations for conducting its investigations and shall render all decisions
and findinga in Writing to the Building Official. vith a duplicate copy to
the appellant, and msy reco~end to the Citp Couacil such new legislation as
is conaistent therewith. The same personnel of the Board of Appeals appointed ~
undez [hia Code may~act as the Board of Appeals under the other building
construction uniform codes. In the event an Appeals Board is no[ appointed
by the legislative body, the Council shall serve as said Appeals Board.
Section 12.24.060 Violation - Penal[y
Any person, firm, corporation, partnership or co-partnership vho
wilfully violates any of the provisions, or fails to comply with any of the
mandatory requirements of this Ordinance is guilty of an infraction, and upon
conviction thereof, ehall be punishable as provided in Chapter 1.12 of the
Cupertino Municipal Code, except that nothing herein contained shall be deemed
to bar any legal, equitable, or summary remedy to vhich the City of Cupertino
or other political aubdivision, or any peraon, firm, corporation or partner-
ahip may be othervise entitled, and the City of Cupertino or any other political
subdivision, or person, firm, corporation or partnerahip may file a suit ia
the Superior Court of the County of Santa Clara, to restrain, or enjoin any
a[tempted or proposed subdivision, or acts, in violatian of [his Chapter.
INTRODUCED at a regular meeting of the City Council of the City of Cuper-
tino this 8th day of Auaust , 1978, and ENACTED at a regular meeting
. of the City Council of the City of Cupertino this ~th day of ~n Pmhnn
1978, by the following vote:
Vote Membera of the City Council
AYES: Meyers, O'Keefe, Rogera, Jackson _
NOES: None .
ABSENT: Sparka
ABSTAZN: None
ATTEST: APPROVED:
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% a-3.~~.-~
Deputy Ci[y Clez , City a^ upertino~
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