Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: November 14, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: A. Rafael Castillo, AICP, Senior Planner
Bruce Buckingham, Community Development Director
SUBJECT: Second Reading and Adoption of an Ordinance to Amend Municipal Code Article VIII - Building Regulations, Chapter 1 – California Building Code, to Adopt by Reference the 2022 California Building Codes and 2021 International Property Maintenance Code
RECOMMENDATION
Conduct the second reading and adopt the Ordinance to amend Grover Beach Municipal Code Article VIII - Building Regulations Chapter 1 to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments.
BACKGROUND
The State mandates that the building and construction codes are updated every three years in all cities and counties throughout the state, known as the tri-annual update. The State published the 2022 California Building Standards Code on July 1, 2022, which will become effective statewide on January 1, 2023. The City adopts the California Building Standards Code by amending the City’s Municipal Code (Article VIII).
On October 11, 2022, the Council introduced the ordinance for first reading and held a public hearing for the Ordinance to amend Chapter 1 of Article VIII of the Grover Beach Municipal Code to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments (reference Attachment 1). There were no comments made during the public hearing. Staff recommends that the Council adopt the ordinance. If adopted, the ordinance will go into effect January 1, 2023.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the second reading and adopt the Ordinance to amend Grover Beach Municipal Code Article VIII - Building Regulations Chapter 1 to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments; or
2. Provide alternative direction to staff.
Staff Report: 2022 California Building Code Adoption Ordinance 2nd Reading Page 2 November 14, 2022
PUBLIC NOTIFICATION
On November 3, 2022, a public hearing notice was published in the New Times. The agenda was posted in accordance with the Brown Act. A copy of the agenda was sent to the Home Builders Association of the Central Coast.
Attachments
1. Ordinance
ORDINANCE NO. 22-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AMENDING ARTICLE VIII OF THE GROVER BEACH MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022 CALIFORNIA FIRE CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA REFERENCE STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
LOCAL AMENDMENTS
WHEREAS, the City of Grover Beach is a municipal corporation organized under the laws of the State of California; and
WHEREAS, every three years the State of California adopts updated building codes referred to as the California Building Standards Code for the protection of the public; and WHEREAS, the State-adopted 2022 California Building Standards Code become effective on January 1, 2023; and
WHEREAS, the City seeks to amend its Municipal Code to adopt the 2022 California Building Standards Code, and the 2021 International Property Maintenance Code by reference; and
WHEREAS, it is the desire and intent of the City Council to adopt local amendments to the 2022 California Fire Code that affect the installation of fire sprinklers and common driveway access based on local climatic, geographical or topographical conditions; and WHEREAS, the California Health and Safety Code, Section 17958.5 requires the City Council make findings that the amendments to the 2022 California Fire Code are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, the City Council has determined that local amendments to the 2022 California Fire Code are reasonably necessary because of local climatic, geographical, or topographical conditions in the City of Grover Beach as adopted by City Council Resolution No. 22-42 at its October 11, 2022 meeting; and
WHEREAS, the City Council introduced the ordinance and conducted the first reading of the ordinance at its October 11, 2022 meeting.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
Attachment 1
Ordinance No. 22-10 Page 2
PART 1. The above recitals and findings are true and correct and are incorporated herein by this reference.
ARTICLE VIII – BUILDING REGULATIONS
CHAPTER 1 – CALIFORNIA BUILDING CODE
Sec. 8100. Building Official. Appointment and Duties. The Building Official shall be appointed by the City Manager of the City of Grover Beach and shall hold office at the pleasure of said City Manager. The Building Official or his/her authorized representative shall work under the direction of the Community Development Director. The Building Official is authorized and directed to administer and enforce all provisions and codes adopted by this Chapter and for such purpose shall have the powers of a police officer.
Sec. 8101. Adoption of the California Building Standards Administrative Code. The 2022 edition of the California Building Standards Administrative Code, is hereby adopted as the Building Standards Administrative Code of the City of Grover Beach.
Sec. 8102. Adoption of the California Building Code. The 2022 edition of the California Building Code, including Appendix B, G, I, J, and P is hereby adopted as the Building Code of the City of Grover Beach except for the following revisions.
A. Sections 903.2 through 903.2.11.3 shall be deleted in its entirety and replaced with the following:
Section 903.2. Where required. Approved automatic sprinkler systems shall be installed in the following locations:
1. In all new buildings and structures.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions add more than 50% to the existing square footage, and results in a total square footage equal or greater than of 1,000 square feet.
b. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
c. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
Ordinance No. 22-10 Page 3
d. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012.
Sec. 8103. Adoption of the California Residential Code. The 2022 edition of the California Residential Code, including Appendix AH, AK, and AQ, AX, and AZ is hereby adopted as the Residential Code of the City of Grover Beach except for the following revisions.
A. Sections R313.1 Exception and R313.2 shall be deleted in its entirety and replaced with the following:
Section R313.1 Exception and R313.2. An automatic residential fire sprinkler system shall be installed in additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions add more than 50% to the existing square footage and results in a total square footage in excess of 1,000 square feet.
2. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
3. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
4. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012. Buildings or structures separated by less than ten feet shall be considered as a single building or structure.
B. Section R313.2.2. shall be added as follows:
1. Where an Accessory Dwelling Unit cannot comply with minimum access requirements, a horizontal dry pipe may be installed in lieu of fire sprinklers as approved by the Fire Chief.
Sec. 8104. Adoption of the California Electrical Code. The 2022 edition of the California Electrical Code, including Annex A, B, C, D, E, F, G, H and I is hereby adopted as the Electrical Code of the City of Grover Beach.
Sec. 8105. Adoption of the California Mechanical Code. The 2022 edition of the California Mechanical Code, including Appendix B, C and D, is hereby adopted as the Mechanical Code of the City of Grover Beach.
Sec. 8106. Adoption of the California Plumbing Code. The 2022 edition of the California Plumbing Code, including Appendix A, B, D, H, I and J, is hereby adopted as the Plumbing Code of the City of Grover Beach.
Ordinance No. 22-10 Page 4
Sec. 8107. Adoption of California Energy Code. The 2022 edition of the California Energy Code, including Appendix 1-A, is hereby adopted as the Energy Code of the City of Grover Beach.
Sec. 8108. Adoption of the California Historical Building Code. The 2022 edition of the California Historical Building Code, including Appendix A, is hereby adopted as the Historical Building Code of the City of Grover Beach.
Sec. 8109. Adoption of California Fire Code. The 2022 edition of the California Fire Code, including Appendix Chapters A, B, BB, C, CC, D, E, F, H, I and O is hereby adopted as the Fire Code of the City of Grover Beach except for the following revisions.
A. The following Sections of the 2022 California Fire Code shall be revised to delete and insert the following:
Section 101.1 Title. Delete “Name of Jurisdiction” and insert “The City of Grover Beach”.
Section 110.4 Violation Penalties. Delete “Specify Offense” and insert “Misdemeanor”.
Section 110.4 Violation Penalties. Delete “Amount” and insert “1,000.00”.
Section 110.4 Violation Penalties. Delete “Number of Days” and insert “365”.
Section 112.4 Failure to comply. Delete the first “Amount” and insert “triple the amount charged for the original permit fee(s)” and delete the second “Amount” and insert “$1,000.00”.
B. Section 503.1 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. In addition to fire access required by the California Fire Code and Article IX of the Grover Beach Municipal Code, alleys and common driveways are designated fire lanes and shall be maintained in accordance with sections 503.2.1, 503.3, and 503.4 of the California Fire Code.
EXCEPTION: Where common driveways were constructed prior to January 1, 1998, minimum width and height clearances may be modified by the Fire Chief.
EXCEPTION: Where common driveways do not exceed 40 feet in length.
EXCEPTION: Common driveways may be less than 20 feet in width as allowed by Article IX Section 3.50.100.C.2.
C. Section 903.2 through 903.2.11.3 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following:
Section 903.2. Where required. Approved automatic sprinkler systems shall be installed in the following locations:
1. In all new buildings and structures.
2. In additions or alterations for all buildings or structures as follows:
Ordinance No. 22-10 Page 5
a. Throughout structures where additions add more than 50% to the existing square footage, and results in a total square footage equal or greater than 1,000 square feet.
b. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
c. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
d. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012.
D. Appendix D Section D107.1 Exception 1 of the 2022 California Fire Code shall be deleted in its entirety.
Sec. 8109.1. Fire Code Official. The California Fire Code with amendments set forth in this Section shall be enforced by the Five Cities Fire Authority, which shall be operated under the Fire Chief of the Five Cities Fire Authority. The Fire Chief of the Five Cities Fire Authority may designate qualified individuals as inspectors as shall be necessary from time to time.
Sec. 8109.2. Recovery of Costs. Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Building Code, or any other applicable law, ordinance or regulation, the cost of emergency service to mitigate and secure any emergency that is within the responsibility of the Fire Chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency, and such person shall be liable for the costs of such services. Damages and expenses incurred by any public agency providing emergency services or mutual aid shall constitute a debt of such person and shall be collectible by the Fire Chief or City Manager or designee for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Costs and expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up.
Sec. 8109.3. Issuance of Citations. Officers and employees within the City of Grover Beach authorized to issue citations are designated within Article I, Chapter 2 of the Grover Beach Municipal Code.
Ordinance No. 22-10 Page 6
Sec. 8110. Adoption of the California Existing Building Code. The 2022 edition of the California Existing Building Code, including Appendix A1, is hereby adopted as the Existing Building Code of the City of Grover Beach.
Sec. 8111. Adoption of the California Green Building Standards Code. The 2022 edition of the California Green Building Standards Code without appendices is hereby adopted as the Green Building Standards Code of the City of Grover Beach.
Sec. 8112. Adoption of the California Reference Standards Code. The 2022 edition of the California Reference Standards Code is hereby adopted as the Reference Standards Code of the City of Grover Beach.
Sec. 8113. Adoption of the International Property Maintenance Code. The 2021 edition of the International Property Maintenance Code is hereby adopted as the Property Maintenance Code of the City of Grover Beach, except for the following revisions.
A. The following Sections of the 2018 International Property Maintenance Code shall be revised to delete and insert the following:
Section 101.1 Title. Delete “Name of Jurisdiction” and insert “The City of Grover Beach”.
Section 103.5 Fees. Delete “Jurisdiction to insert appropriate schedule” and insert “The Grover Beach Master Fee Schedule”.
Section 112.4 Failure to comply. Delete the first “Amount” and insert “triple the amount charged for the original permit fee(s)” and delete the second “Amount” and insert “$1000.00”.
Section 302.4 Weeds. Delete “jurisdiction to insert height in inches” and insert “four inches”.
Section 304.14 Insect screens. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Section 602.3 Heat supply. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Section 602.4 Occupiable workspaces. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Sec. 8114. Small Residential Rooftop Solar Energy System Review Process.
A. Definitions.
1. A "solar energy system" means either of the following:
(a) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (b) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
2. A "small residential rooftop solar energy system" means all of the following:
a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.
c. A solar energy system that is installed on a single or duplex family dwelling. d. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
Ordinance No. 22-10 Page 7
3. "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
B. Purpose. The purpose of the section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 to achieve timely and costeffective installations of small residential rooftop solar energy systems. The section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. The section allows the city to achieve these goals while protecting the public health and safety.
C. Applicability.
1. This ordinance applies to the permitting of all small residential rooftop solar energy systems in the city.
2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
D Solar Energy System Requirements.
1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and city.
2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. Duties of Building Division.
1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.
2. Electronic submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.
3. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. However, the final permit must be signed at the counter until the city develops an electronic permit issuance registration.
4. The building division shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
5. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
Ordinance No. 22-10 Page 8
6. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
F. Permit Review and Inspection Requirements.
1. The city shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The building division should issue a building permit or other nondiscretionary permit within the recommended timeframes contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.
2. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.
3. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
4. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
5. The inspection shall be done in a timely manner and should include consolidated inspections.
6. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
Sec. 8115. Electrical Vehicle Charging Stations Review Process.
A. Definitions.
1. "Electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electric Code, as it reads on the effective date of this section and delivers electricity from outside an electric vehicle into a plug-in electric vehicle.
2. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes but is not limited to, any cost-effective method, condition or mitigation imposed on another similarly situated application in a prior successful application for a permit.
3. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.
B. Purpose. The purpose of the section is to adopt an expedited, streamlined electrical vehicle charging station permitting process that complies with the Electrical Vehicle Charging Stations Open Access Law and AB 1236 to achieve timely and cost-effective installations of electric vehicle charging stations. The section encourages the use of electrical vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electrical vehicle charging stations. The section allows the city to achieve these goals while protecting the public health and safety.
Ordinance No. 22-10 Page 9
C. Applicability.
1. This ordinance applies to the issuance of building permits for electric vehicle charging stations in the city. All requirements of building permit applications in Title 24 for electric vehicle charging stations that are not addressed in this section shall remain in effect.
2. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electronic vehicle charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
D. Electric Vehicle Charging Station Requirements.
1. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
2. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. Duties of Building Division.
1. All documents required for the submission of an expedited electric vehicle charging station building permit application shall be made available on the city website.
2. Electronic submittal of the required building permit application and documents by email, the internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.
3. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. However, the final permit must be signed at the counter until the city develops an electronic permit issuance registration.
4. The building division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
5. The electric vehicle charging stations permit process and checklist shall substantially conform to recommendations for expedited permitting, including the checklist contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" adopted by the Governor's Office of Planning and Research.
F. Permit Review and Inspection Requirements.
1. The city shall adopt an administrative, nondiscretionary review process to expedite approval of electrical vehicle charging stations. The building division should issue a building permit or other nondiscretionary permit as expeditiously as possibly upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.
2. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements.
3. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
4. The Building Official may require an applicant to apply for a Use Permit if the Official finds, based on substantial evidence, that the electric vehicle charging station could Ordinance No. 22-10 Page 10
have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission pursuant to Article IX Chapter 7.
5. If a Use Permit is required, the Planning Commission may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
6. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
Sec. 8116. Permits Issued to Correct Code Violation. Permits issued to correct code violations pursuant to an active code enforcement case shall be valid for a period of 90 days. Extensions to the permit may be granted at the discretion of the building official. Performance or approval of a required inspection will not automatically extend the permit.
PART 3. That each of the changes or modifications to measures referred to herein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of Grover Beach and the findings set forth in a separate Resolution are hereby adopted and support the local necessity for the changes or modifications.
PART 4. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R. Section 15061(b)(3)) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
PART 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
PART 6. This Ordinance shall take effect January 1, 2023. Within fifteen (15) days after its adoption, it shall be published in full, together with the names of the Council Members voting in favor, in a newspaper of general circulation within the City.
Ordinance No. 22-10 Page 11
INTRODUCED at a regular meeting of the City Council held on October 11, 2022 and PASSED, APPROVED and ADOPTED by the City Council on November 14, 2022 on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
JEFF LEE, MAYOR
ATTEST:
_________________________________
WENDI SIMS, CITY CLERK
APPROVED AS TO FORM:
_________________________________
DAVID P. HALE, CITY ATTORNEY
**DRAFT**