Newman City Council
October 25, 2022

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING OCTOBER 25, 2022
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order.

2. Pledge Of Allegiance.

3. Invocation.

4. Roll Call.

5. Declaration Of Conflicts Of Interest.

6. Ceremonial Matters
a. Proclamation – Lights On Afterschool Day. (View Proclamation)

7. Items from the Public - Non-Agenda Items.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The October 11, 2022 Meeting. (View Minutes)

9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2022- , An Ordinance Amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, To Prohibit Camping And Storage Of Personal Property On Public And Private Property And Authorize Staff To Publish A Summary Of Said Ordinance. (View Report)

10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2022- , An Ordinance Amending Title 4 Building Regulations Of The Newman City Code Incorporating The California Code Of Regulations Title 24, 2022 Edition Of The California Building Standards Code. (View Report)
b. Adopt Resolution No. 2022- , A Resolution Accepting Bid And Awarding Contract To Rolfe Construction For The Newman Environmental Wetland System (“NEWS”) Project And Authorizing The City Manager To Execute The Agreement. (View Report) c. Selection Of Areas For A Second Measure “L” Project. (View Report)

11. Items From District Five Stanislaus County Supervisor.

12. Items From The City Manager And Staff.

13. Items From City Council Members.

14. Adjournment.

Calendar of Events
October 20 – Planning Commission – Cancelled.

October 21 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.

October 25 – City Council - 7:00 P.M.

October 28 – Farmers Market Event – 3:30 P.M. To 7:30 P.M.

October 31 – Halloween.

November 1 – Citywide Curbside Leaf And Brush Pick-Up Begins; Pick-Up Ends March 31st.

November 8 – Election Day.

November 8 – City Council – 7:00 P.M.

November 11 – Veteran’s Day – City Offices Closed.

November 17 – Planning Commission – Cancelled.

November 22 – City Council – Cancelled.

November 24-25 – Thanksgiving Holiday– City Offices Closed.

I
P;roc{amation
Oftk City of Newman
WHEREAS, the citizens of the City of Newman, California stand firmly committed to quality afterschool programs and opportunities because they · provide safe and engaging learning experiences, support working families ensuring their children are safe and productive when they are out of their classrooms; and
WHEREAS, the City of Newman, California has provided significant leadership in the area of community involvement in the education and well-being of our youth grounded in the principle that quality afterschool programs are key to helping our children become successful adults; and
WHEREAS, Lights on afterschool, the national celebration of afterschool programs held this year on October 27, 2022, promotes the importance of quality afterschool programs in the lives of children, families and communities; and
WHEREAS, many afterschool programs across the country are facing operating challenges so severe that they are forced to consider closing their doors and turning off their lights; and
WHEREAS California is committed to investing in the health and safety of all young people by providing expanded learning opportunities that help our children learn and grow, while helping them develop the skills essential for success in life and work.

THEREFORE, BE IT RESOLVED that I, Mayor Casey Graham, do hereby proclaim October 27th as "Lights on Afterschool Day", ANDBE IT FURTHER RESOLVED that Mayor Casey Graham enthusiastically endorses Lights on Afterschool to ensure the lights stay on and the doors stay open for all children after school.

Signed the 25th day of October, 2022

AP Check Register
October 6, 2022 through October 18, 2022
1 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Amazon Capital Services 10-22-6300 $ 57.47 121382 10/13/2022 Caddy Holder Amazon Capital Services 10-22-6300 $ 107.76 121382 10/13/2022 Large Animal Rescue Straps Amazon Capital Services 10-22-6300 $ 28.23 121382 10/13/2022 Towel Dispenser $ 193.46 121382 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 121383 10/13/2022 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington
Pa
$ 810.00 121383 Total
Arroyo Rosa 10-00-2841 $ 20.00 121384 10/13/2022 Pioneer Park Rental Deposit Refund/ Arroyo
$ 20.00 121384 Total
AutoZone MS #1 63-56-6300 $ 96.46 121385 10/13/2022 Wrench, Pliers, Ratchet & Socket Set, Hex Key Set AutoZone MS #1 63-56-6300 $ 45.29 121385 10/13/2022 Hyperflex Core, Floor Mats $ 141.75 121385 Total
Avid Identification Systems, Inc 10-21-6308 $ 397.30 121386 10/13/2022 Microchips for Animal Shelter/ PD $ 397.30 121386 Total
Badger Meter 63-56-6350 $ 59,352.83 121387 10/13/2022 Brass Meters $ 59,352.83 121387 Total
Baker Dorothy June 10-44-6225 $ 138.93 121388 10/13/2022 Trimmer Repairs Baker Dorothy June 10-44-6300 $ 31.07 121388 10/13/2022 Oil $ 170.00 121388 Total
Bender Rosenthal, Inc 18-32-7739 $ 165.00 121389 10/13/2022 Highway 33 & Inyo Project $ 165.00 121389 Total
Bertolotti Newman Disposal 10-33-6220 $ 238.44 121391 10/13/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ September 2022
Bertolotti Newman Disposal 10-33-6220 $ 1,325.69 121391 10/13/2022 26 Yard Trash Bin & Street Sweeping
Debris/ September 2022
Bertolotti Newman Disposal 69-47-6220 $ 238.45 121391 10/13/2022 40 Yard Trash Bin Dumping@ Corp
Yard/ September 2022
Bertolotti Newman Disposal 69-47-6220 $ 1,325.70 121391 10/13/2022 26 Yard Trash Bin & Street Sweeping
Debris/ September 2022
$ 3,128.28 121391 Total
Bertolotti Newman Disposal, Inc 10-00-5080 $ (14,189.76) 121390 10/13/2022 Monthly Contract Garbage Service/September 2022
Bertolotti Newman Disposal, Inc 10-41-6200 $ 76,016.55 121390 10/13/2022 Monthly Contract Garbage Service/September 2022
Bertolotti Newman Disposal, Inc 10-00-5730 $ 19,257.53 121390 10/13/2022 Monthly Contract Garbage Service/September 2022
Bertolotti Newman Disposal, Inc 10-00-5733 $ (5,067.77) 121390 10/13/2022 Monthly Contract Garbage Service/September 2022
$ 76,016.55 121390 Total
Black Fenix Plumbing Co. 10-21-6200 $ 858.83 121393 10/13/2022 Plumbing Repair at PD $ 858.83 121393 Total
Borrelli Travis 69-47-6200 $ 185.74 121455 10/13/2022 Portable Restroom Rental Service
$ 185.74 121455 Total
Bowen Keith 10-22-6300 $ 234.34 121394 10/13/2022 Reimbursement for Retention Project Awards/ Bowen $ 234.34 121394 Total
BUSINESS CARD 63-56-6300 $ 23.01 121395 10/13/2022 Battery Recycling Box BUSINESS CARD 63-56-6300 $ 7.43 121395 10/13/2022 Stapler BUSINESS CARD 10-07-7505 $ 90.88 121395 10/13/2022 Plugs

AP Check Register
October 6, 2022 through October 18, 2022
2 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description BUSINESS CARD 10-14-6300 $ 7.43 121395 10/13/2022 Stapler BUSINESS CARD 10-21-6420 $ 169.98 121395 10/13/2022 Internet Service Newman to Ceres/PD/ 10 -6-22 to
11-5-22
BUSINESS CARD 60-50-6200 $ 36.34 121395 10/13/2022 Ayera BUSINESS CARD 63-56-6200 $ 5.39 121395 10/13/2022 Postage BUSINESS CARD 10-22-6300 $ 82.05 121395 10/13/2022 Logo Embosser Seal BUSINESS CARD 10-14-6200 $ 36.33 121395 10/13/2022 Ayera BUSINESS CARD 10-22-6300 $ 19.84 121395 10/13/2022 Postage BUSINESS CARD 63-56-6635 $ 165.53 121395 10/13/2022 Training/ Moreno BUSINESS CARD 10-22-6300 $ 65.68 121395 10/13/2022 Postage BUSINESS CARD 60-50-6300 $ 217.25 121395 10/13/2022 Air Hose BUSINESS CARD 60-50-6200 $ 5.39 121395 10/13/2022 Postage BUSINESS CARD 60-50-6300 $ 7.43 121395 10/13/2022 Stapler BUSINESS CARD 10-22-6690 $ 11.57 121395 10/13/2022 Training Lunch BUSINESS CARD 10-14-6300 $ 23.02 121395 10/13/2022 Battery Recycling Box BUSINESS CARD 10-45-6420 $ 208.03 121395 10/13/2022 Telephone Service/Long Distance September 2022
BUSINESS CARD 63-56-6420 $ 208.03 121395 10/13/2022 Telephone Service/Long Distance September 2022
BUSINESS CARD 60-50-6225 $ 367.20 121395 10/13/2022 Aerator Parts BUSINESS CARD 60-50-6420 $ 208.03 121395 10/13/2022 Telephone Service/Long Distance September 2022
BUSINESS CARD 60-50-6300 $ 49.95 121395 10/13/2022 Fly Bait BUSINESS CARD 10-22-6300 $ 106.80 121395 10/13/2022 Postage BUSINESS CARD 10-01-6620 $ 300.00 121395 10/13/2022 Wreath Donation for Veterans BUSINESS CARD 10-45-6735 $ 501.62 121395 10/13/2022 Paint BUSINESS CARD 10-22-6690 $ 15.32 121395 10/13/2022 Training Lunch BUSINESS CARD 60-50-6690 $ 655.00 121395 10/13/2022 Water Safety Training/ Millan, Caetano, Dumaguing BUSINESS CARD 10-07-6300 $ 33.72 121395 10/13/2022 Plug Ins BUSINESS CARD 10-14-6420 $ 208.03 121395 10/13/2022 Telephone Service/Long Distance September 2022
BUSINESS CARD 10-44-6200 $ 5.39 121395 10/13/2022 Postage BUSINESS CARD 10-07-7505 $ 1,078.74 121395 10/13/2022 Basketball Hoop BUSINESS CARD 60-50-6300 $ 23.01 121395 10/13/2022 Battery Recycling Box BUSINESS CARD 10-22-6690 $ 55.00 121395 10/13/2022 NorCal FPO Membership/ Bowen BUSINESS CARD 10-22-6690 $ 16.09 121395 10/13/2022 Training Lunch BUSINESS CARD 63-56-6200 $ 36.33 121395 10/13/2022 Ayera BUSINESS CARD 10-22-6420 $ 409.87 121395 10/13/2022 Telephone Service/Long Distance September 2022
$ 5,460.71 121395 Total
C B MERCHANT SERVICES,INC 63-56-6637 $ 98.34 121401 10/13/2022 Bad Debt Payable $ 98.34 121401 Total
CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 121397 10/13/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 121397 10/13/2022 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 121397 10/13/2022 Grant writing/Lobbying $ 3,000.00 121397 Total

AP Check Register
October 6, 2022 through October 18, 2022
3 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description California Fire Chiefs Association 10-22-6690 $ 75.00 121396 10/13/2022 Annual Membership Dues $ 75.00 121396 Total
CAMPOS VICTOR 10-21-6200 $ 782.88 121398 10/13/2022 Fall Festival Security/ Campos $ 782.88 121398 Total
Cardmember Service 10-45-6739 $ 50.03 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6690 $ 26.96 121399 10/13/2022 Propane Refill Cardmember Service 10-45-6739 $ 299.42 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-01-6644 $ 25.88 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 254.54 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 361.46 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 102.90 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 190.25 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-01-6644 $ 45.00 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 32.34 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 68-68-6620 $ 105.69 121399 10/13/2022 Christmas Decorations Cardmember Service 10-45-6300 $ 8.68 121399 10/13/2022 Recreation Supplies Cardmember Service 60-50-6300 $ 10.66 121399 10/13/2022 City Hall Supplies Cardmember Service 10-01-6644 $ 20.00 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-01-6644 $ 23.72 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 1,209.27 121399 10/13/2022 Soccer Awards Cardmember Service 10-01-6644 $ 15.00 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 63.17 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 63-56-6300 $ 10.66 121399 10/13/2022 City Hall Supplies Cardmember Service 10-14-6300 $ 10.66 121399 10/13/2022 City Hall Supplies Cardmember Service 10-45-6739 $ 9.98 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6722 $ 73.34 121399 10/13/2022 Fit Kid Supplies Cardmember Service 10-45-6735 $ 65.26 121399 10/13/2022 Soccer Banners Cardmember Service 10-01-6644 $ 30.19 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 173.98 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-01-6644 $ 28.02 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-01-6644 $ 52.12 121399 10/13/2022 Fall Festival Supplies Cardmember Service 10-45-6739 $ 1,111.32 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 62.90 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 119.85 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 4.22 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6735 $ 27.09 121399 10/13/2022 Youth Soccer Supplies Cardmember Service 10-45-6739 $ 16.80 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6735 $ (65.26) 121399 10/13/2022 Return of Banner Cardmember Service 10-45-6739 $ 162.65 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 90.31 121399 10/13/2022 Gas

AP Check Register
October 6, 2022 through October 18, 2022
4 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Cardmember Service 10-45-6739 $ 452.52 121399 10/13/2022 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 493.52 121399 10/13/2022 Teen Center Snack Bar Supplies $ 5,775.10 121399 Total
CBA (ADMIN FEES) 10-00-2261 $ 292.50 121400 10/13/2022 Dental-Vision Admin Fees/ October 2022
$ 292.50 121400 Total
Cen-Cal Auto & Truck Parts/ NAPA 63-56-6530 $ 47.44 121426 10/13/2022 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 63-56-6530 $ 9.16 121426 10/13/2022 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 14.43 121426 10/13/2022 Oll Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 13.26 121426 10/13/2022 Pliers Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 29.19 121426 10/13/2022 Screws Cen-Cal Auto & Truck Parts/ NAPA 10-44-6530 $ 4.84 121426 10/13/2022 Fuse Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 36.29 121426 10/13/2022 Windshield Wipers Cen-Cal Auto & Truck Parts/ NAPA 10-07-6300 $ 4.63 121426 10/13/2022 Black Ice Cen-Cal Auto & Truck Parts/ NAPA 10-21-6530 $ 217.74 121426 10/13/2022 Battery Cen-Cal Auto & Truck Parts/ NAPA 10-22-6530 $ 26.96 121426 10/13/2022 Wheel Chock $ 403.94 121426 Total
CENTRAL SANITARY SUPPLY 10-44-6660 $ 196.73 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ 8.62 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-46-6300 $ 8.62 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-46-6300 $ 24.59 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ 8.62 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ 34.48 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ 17.23 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6670 $ 98.37 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-21-6300 $ 49.18 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-22-6300 $ 24.59 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6665 $ 24.60 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ 17.24 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-07-6300 $ 49.18 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6660 $ 68.95 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-22-6300 $ 8.62 121402 10/13/2022 Miscellaneous Cleaning Supplies CENTRAL SANITARY SUPPLY 10-44-6300 $ 24.59 121402 10/13/2022 Miscellaneous Cleaning Supplies $ 664.21 121402 Total
City of Ceres 10-21-6615 $ 16,500.00 121403 10/13/2022 Dispatch Service 10-1-22 to 10-31-22
$ 16,500.00 121403 Total
CITY OF NEWMAN - PETTY CASH 10-21-6620 $ 500.00 121429 10/13/2022 Petty Cash for Animal Clinic $ 500.00 121429 Total
Derek Sawyer's Smart Energy Heating & Air, Inc 10-07-6200 $ 283.00 121405 10/13/2022 Service Call @ Nursery School $ 283.00 121405 Total
Dittos 10-21-6300 $ 67.96 121406 10/13/2022 N.A.T.E. Forms

AP Check Register
October 6, 2022 through October 18, 2022
5 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Dittos 10-21-6300 $ 67.96 121406 10/13/2022 N.A.T.E. Forms $ 135.92 121406 Total
EMC Planning Group, Inc 10-00-2520 $ 1,557.48 121407 10/13/2022 Mattos Ranch Planning Analysis EMC Planning Group, Inc 10-00-2516 $ 271.47 121407 10/13/2022 Caton Ranch Planning Analysis $ 1,828.95 121407 Total
Empire Insignias 10-21-6300 $ 500.00 121408 10/13/2022 Police Shoulder Patches $ 500.00 121408 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 121409 10/13/2022 Pro Oxidizer $ 3,900.00 121409 Total
ESTRADA DAVID & RACHEL 63-00-2010 $ 99.54 121460 10/13/2022 Refund Check 013801-000, 725 R STREET $ 99.54 121460 Total
Fernandez Angel 10-00-5830 $ 222.91 121410 10/13/2022 Reimbursement for Ove;payment on Permit #2022-241
$ 222.91 121410 Total
Garcia Armando 69-47-6200 $ 270.00 121464 10/13/2022 General Tree Services $ 270.00 121464 Total
Garcia Bonifacio 60-50-6530 $ 38.30 121392 10/13/2022 Seperator Garcia Bonifacio 63-56-6300 $ 237.86 121392 10/13/2022 Bed Mat Garcia Bonifacio 63-56-6530 $ 182.00 121392 10/13/2022 Battery Garcia Bonifacio 63-56-6530 $ 9.73 121392 10/13/2022 Lock, Sockets Garcia Bonifacio 63-56-6300 $ 115.40 121392 10/13/2022 Wrench, Tie Strap $ 583.29 121392 Total
GEOANALYTICAL LAB, INC. 63-56-6200 $ 136.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 213.00 121411 10/13/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 60-50-6200 $ 586.00 121411 10/13/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 136.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 121411 10/13/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 170.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 160.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 136.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 121411 10/13/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 96.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 350.00 121411 10/13/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 3,043.35 121411 10/13/2022 Arsenic, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 235.00 121411 10/13/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 63-56-6200 $ 883.35 121411 10/13/2022 1,2,3 TCP, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 111.00 121411 10/13/2022 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 128.00 121411 10/13/2022 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 1,735.75 121411 10/13/2022 TTHM, HAA5, Nitrate as N, EDT Reporting

AP Check Register
October 6, 2022 through October 18, 2022
6 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description GEOANALYTICAL LAB, INC. 60-50-6200 $ 427.00 121411 10/13/2022 BOD, TSS, Nitrate as N. TKN, Total Nitrogen.

TDS
GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 121411 10/13/2022 BOD, TSS $ 9,144.45 121411 Total
GEORGE W. LOWRY, INC 60-50-6230 $ 1,833.44 121412 10/13/2022 400 Gallons Dyed Diesel Delivered
@WWTP
$ 1,833.44 121412 Total
Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 30.00 121413 10/13/2022 Repair of Flat Tire on Ford Interceptor / PD
$ 30.00 121413 Total
Gutierrez Mary 10-00-2841 $ 20.00 121414 10/13/2022 Pioneer Park Rental Deposit Refund/ Ortega
$ 20.00 121414 Total
Hydrofocus, Inc 17-44-7757 $ 6,295.07 121415 10/13/2022 Wetland Restoration Grant Agreement
$ 6,295.07 121415 Total
IDEXX LABORATORIES, INC. 63-56-6300 $ 521.51 121416 10/13/2022 Water Testing Supplies $ 521.51 121416 Total
INFOSEND, INC 63-56-6200 $ 1,190.32 121417 10/13/2022 Utility Bill& Late Nottce Mailing September 2022
INFOSEND, INC 60-50-6200 $ 1,190.32 121417 10/13/2022 Utility Bill& Late Nottce Mailing September 2022
$ 2,380.64 121417 Total
IRRIGATION DESIGN & CONST 60-50-6300 $ 298.54 121418 10/13/2022 Squirrel Bait IRRIGATION DESIGN & CONST 63-56-6300 $ 76.40 121418 10/13/2022 Nipples, Fast Orange Cleaner IRRIGATION DESIGN & CONST 10-07-6300 $ 32.92 121418 10/13/2022 Valves, Tees, Nipples, Hose Bibb IRRIGATION DESIGN & CONST 63-56-6300 $ 17.00 121418 10/13/2022 Bushing $ 424.86 121418 Total
IWORQ SYSTEMS 10-21-6200 $ 460.00 121419 10/13/2022 Work Management Software November 2022 to Oct 2023
IWORQ SYSTEMS 63-56-6200 $ 460.00 121419 10/13/2022 Work Management Software November 2022 to Oct 2023
IWORQ SYSTEMS 10-33-6200 $ 460.00 121419 10/13/2022 Work Management Software November 2022 to Oct 2023
IWORQ SYSTEMS 10-06-6200 $ 460.00 121419 10/13/2022 Work Management Software November 2022 to Oct 2023
IWORQ SYSTEMS 60-50-6200 $ 460.00 121419 10/13/2022 Work Management Software

November 2022 to Oct 2023
$ 2,300.00 121419 Total
Jasper Jim 10-00-2841 $ 20.00 121420 10/13/2022 Pioneer Park Rental Deposit Refund/ Jasper
$ 20.00 121420 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 11,223.00 121421 10/13/2022 Maintenance Service For The Mohth of September
$ 11,223.00 121421 Total
JORGENSEN & COMPANY 10-22-6200 $ 215.02 121422 10/13/2022 Ansul System Semi-Annual Service@ FD
$ 215.02 121422 Total
Koff and Associates 10-14-6200 $ 56.67 121423 10/13/2022 Professional Services Rendered Through 9-30-22 Koff and Associates 63-56-6200 $ 56.66 121423 10/13/2022 Professional Services Rendered Through 9-30-22 Koff and Associates 60-50-6200 $ 56.67 121423 10/13/2022 Professional Services Rendered Through 9-30-22 $ 170.00 121423 Total
L.N. CURTIS & SONS 10-21-6300 $ 1,621.76 121404 10/13/2022 Ballistic Vest $ 1,621.76 121404 Total
Mendoza Alicia 10-45-6739 $ 174.79 121424 10/13/2022 Reimbursement for Movie Night Supplies/ Mendoza

AP Check Register
October 6, 2022 through October 18, 2022
7 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Mendoza Alicia 10-45-6739 $ 443.16 121424 10/13/2022 Reimbursement for Soccer Snack Bar Supplies/ Mendoza Mendoza Alicia 10-45-6739 $ 254.61 121424 10/13/2022 Reimbursement for Soccer Snack Bar Supplies/ Mendoza Mendoza Alicia 10-45-6739 $ 145.36 121424 10/13/2022 Reimbursement for Teen Center Snack Bar Supplies/ Mendoza Mendoza Alicia 10-45-6739 $ 112.79 121424 10/13/2022 Reimbursement for Soccer Snack Bar Supplies/ Mendoza $ 1,130.71 121424 Total
MID VALLEY IT, INC 10-07-7105 $ 6,125.00 121425 10/13/2022 Website Development Project, Annual Maintenance MID VALLEY IT, INC 10-07-7505 $ 409.37 121425 10/13/2022 Monitor Stand Arm/ FD MID VALLEY IT, INC 60-50-7105 $ 3,449.61 121425 10/13/2022 Switch Replacement Project/ City Hall MID VALLEY IT, INC 63-56-7105 $ 475.56 121425 10/13/2022 Switch Replacement/ City Hall MID VALLEY IT, INC 63-56-7105 $ 3,449.61 121425 10/13/2022 Switch Replacement Project/ City Hall MID VALLEY IT, INC 60-50-7105 $ 475.55 121425 10/13/2022 Switch Replacement/ City Hall MID VALLEY IT, INC 69-47-7105 $ 6,125.00 121425 10/13/2022 Website Development Project, Annual Maintenance MID VALLEY IT, INC 10-07-7105 $ 475.55 121425 10/13/2022 Switch Replacement/ City Hall MID VALLEY IT, INC 60-50-7105 $ 6,125.00 121425 10/13/2022 Website Development Project, Annual Maintenance MID VALLEY IT, INC 63-56-7105 $ 6,125.00 121425 10/13/2022 Website Development Project, Annual Maintenance MID VALLEY IT, INC 10-07-7105 $ 3,449.60 121425 10/13/2022 Switch Replacement Project/ City Hall $ 36,684.85 121425 Total
National Fish and Wildlife Association 60-50-6200 $ 441,000.00 121427 10/13/2022 1.0 Aquatic Resource Credit for NEWS Project Contract# 00206
$ 441,000.00 121427 Total
NBS 69-47-6200 $ 3,119.02 121428 10/13/2022 Quarterly Ad min Fees 10-1 22 thru
12-31-22 /LLD
$ 3,119.02 121428 Total
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 11.62 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 1.83 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 42.65 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs,

Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6644 $ 15.09 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 1.82 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 3.80 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 4.30 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 49.29 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 27.59 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-21-6300 $ 30.19 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 53.93 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 61.48 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 146.45 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 5.59 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 18.33 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 20.49 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6644 $ 28.02 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 16.81 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 26.96 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
October 6, 2022 through October 18, 2022
8 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 10.35 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 65.08 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 28.03 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-21-6300 $ 5.38 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 51.74 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 37.72 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-01-6644 $ 7.54 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 16.33 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 34.47 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 81.88 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 53.88 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 21.56 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 6.46 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 7.54 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 18.51 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 15.71 121431 10/13/2022 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
$ 1,028.42 121431 Total
NEWMAN FIREFIGHTERS, INC. 10-07-7505 $ 836.00 121430 10/13/2022 Reimbursement for Concrete $ 836.00 121430 Total
NORMAC, INC. 69-47-6300 $ 181.83 121432 10/13/2022 Primer, Nozzles NORMAC, INC. 10-44-6300 $ 181.83 121432 10/13/2022 Primer, Nozzles NORMAC, INC. 10-44-6300 $ 489.53 121432 10/13/2022 PC Rotor, PVC Cement $ 853.19 121432 Total
OMG National 10-21-6300 $ 184.77 121433 10/13/2022 Stickers $ 184.77 121433 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 824.00 121434 10/13/2022 Health Insurance Premium/ November
2022 /Caetano
$ 824.00 121434 Total
P G & E 60-50-6410 $ 28,648.74 121437 10/13/2022 Gas & Electric Use P G & E 63-56-6410 $ 47,949.63 121437 10/13/2022 Gas & Electric Use P G & E 10-45-6410 $ 162.49 121437 10/13/2022 Gas & Electric Use P G & E 10-46-6410 $ 619.42 121437 10/13/2022 Gas & Electric Use P G & E 10-44-6410 $ 1,923.83 121437 10/13/2022 Gas & Electric Use P G & E 69-47-6410 $ 3,871.97 121437 10/13/2022 Gas & Electric Use P G & E 10-07-6410 $ 4,764.08 121437 10/13/2022 Gas & Electric Use P G & E 10-33-6410 $ 4,825.31 121437 10/13/2022 Gas & Electric Use P G & E 10-22-6410 $ 1,791.48 121437 10/13/2022 Gas & Electric Use $ 94,556.95 121437 Total
Pace Supply Corporation 63-56-6300 $ 2,065.12 121435 10/13/2022 Key Meter Pace Supply Corporation 63-56-6300 $ 84.77 121435 10/13/2022 Coupling, Key Meter Pace Supply Corporation 63-56-6300 $ 955.28 121435 10/13/2022 Key Meter

AP Check Register
October 6, 2022 through October 18, 2022
9 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 3,105.17 121435 Total
Pernsteiner & Sons Fabrication 10-22-6530 $ 563.75 121436 10/13/2022 Repair of Trailer $ 563.75 121436 Total
PIONEER DRUG 10-46-6300 $ 4.40 121438 10/13/2022 Spoons, Forks $ 4.40 121438 Total
R.J. Ricciardi, Inc, CPAs 10-14-6205 $ 66.67 121441 10/13/2022 Professional Services Rendered Through 9-30-22
R.J. Ricciardi, Inc, CPAs 63-56-6205 $ 66.66 121441 10/13/2022 Professional Services Rendered Through 9-30-22
R.J. Ricciardi, Inc, CPAs 60-50-6205 $ 3,966.83 121441 10/13/2022 Professional Services Rendered Through 9-30-22
R.J. Ricciardi, Inc, CPAs 60-50-6205 $ 66.67 121441 10/13/2022 Professional Services Rendered Through 9-30-22
R.J. Ricciardi, Inc, CPAs 63-56-6205 $ 3,966.83 121441 10/13/2022 Professional Services Rendered Through 9-30-22
R.J. Ricciardi, Inc, CPAs 10-14-6205 $ 3,966.84 121441 10/13/2022 Professional Services Rendered Through 9-30-22
$ 12,100.50 121441 Total
RALEY'S IN STORE CHARGE 10-22-6690 $ 216.36 121439 10/13/2022 Fire Department Supplies RALEY'S IN STORE CHARGE 60-50-6300 $ 10.78 121439 10/13/2022 City Hall Supplies RALEY'S IN STORE CHARGE 10-22-6690 $ 41.98 121439 10/13/2022 Fire Department Supplies RALEY'S IN STORE CHARGE 10-22-6690 $ 9.38 121439 10/13/2022 Fire Department Supplies RALEY'S IN STORE CHARGE 63-56-6300 $ 10.77 121439 10/13/2022 City Hall Supplies RALEY'S IN STORE CHARGE 10-46-6300 $ 103.71 121439 10/13/2022 Corp Yard Supplies RALEY'S IN STORE CHARGE 10-14-6300 $ 10.78 121439 10/13/2022 City Hall Supplies $ 403.76 121439 Total
RASHED KIFAH 63-00-2010 $ 78.26 121461 10/13/2022 Refund Check 015977-000, 821 TIVOLI DRIVE $ 78.26 121461 Total
Redtail Consulting 17-36-7780 $ 7,963.60 121440 10/13/2022 Project #603 .CNP.21 NEWS Project Resource Agency
Permitting
$ 7,963.60 121440 Total
Robinson Michael 10-00-2840 $ 300.00 121442 10/13/2022 Memorial Building Rental Deposit

Refund/ Robinson
$ 300.00 121442 Total
Rolfe Construction, Inc 61-55-7521 $ 269,222.97 121443 10/13/2022 Inyo Canal School Underground Improvements
Progress Payment 3
Rolfe Construction, Inc 64-56-7521 $ 179,481.98 121443 10/13/2022 Inyo Canal School Underground Improvements
Progress Payment 3
$ 448,704.95 121443 Total
RRM DESIGN GROUP, INC. 27-44-6200 $ 3,387.50 121444 10/13/2022 Newman Plaza Green and Veterans
Memorial Plan
$ 3,387.50 121444 Total
SAFE-T-LITE 10-01-6644 $ 371.09 121445 10/13/2022 Banicade Rental for Fall Festival $ 371.09 121445 Total
Scott's PPE Recon, Inc 10-22-6300 $ 369.60 121446 10/13/2022 Fire Prevention Jumpsuit Repair/ FD $ 369.60 121446 Total
SIERRA DISPLAY, INC. 68-68-6620 $ 127.24 121447 10/13/2022 Lamps SIERRA DISPLAY, INC. 68-68-6620 $ 919.58 121447 10/13/2022 Lamps $ 1,046.82 121447 Total
SJVAPCD 60-50-6675 $ 258.00 121448 10/13/2022 22/23 Portable Equipment Registrations/Corp Yard
SJVAPCD 60-50-6675 $ 42.00 121448 10/13/2022 22-23 Annual Permit to Operate/WWTP

AP Check Register
October 6, 2022 through October 18, 2022
10 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 300.00 121448 Total
Solar Integrated Fund III 60-50-6410 $ 12,583.85 121449 10/13/2022 Solar Production Period 8-1 -22 to
8-31-22
$ 12,583.85 121449 Total
Soundscapes Electric Security & Audio Video 10-07-6200 $ 210.00 121450 10/13/2022 3 Months Alarm Monthly Monitoring
$ 210.00 121450 Total
Spinitar 10-07-7105 $ 881.42 121451 10/13/2022 Video Scaler $ 881.42 121451 Total
Stanislaus County Dept of Environmental Resources 10-45-6200 $ 647.00 121452 10/13/2022 Food Establishment Inspection Barrington Park Snack
Bar
Stanislaus County Dept of Environmental Resources 10-45-6200 $ 647.00 121452 10/13/2022 Food Establishment Inspection Barrington Park Snack
Bar
$ 1,294.00 121452 Total
STAPLES ADVANTAGE 10-21-6300 $ 192.62 121453 10/13/2022 Coffee, Coffee Cups, Receipt Book, Pens, Paper, Duster STAPLES ADVANTAGE 63-56-6300 $ 172.85 121453 10/13/2022 Pens, Mechanical Pencils, Paper Clips, Banker's Boxes STAPLES ADVANTAGE 10-22-6300 $ 131.65 121453 10/13/2022 Hanging Files, Envelopes, Banker's Boxes $ 497.12 121453 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 121454 10/13/2022 Cleaned & Buffed Floors@ City Hall
$ 185.00 121454 Total
SWRCB-DWOCP 63-56-6635 $ 65.00 121456 10/13/2022 Water Distribution Operator Application/ Bruss
$ 65.00 121456 Total
T.H.E. OFFICE CITY 63-56-6300 $ 13.77 121457 10/13/2022 Batteries, Staples, Ink Pads, Adhesive T.H.E. OFFICE CITY 10-14-6300 $ 13.77 121457 10/13/2022 Batteries, Staples, Ink Pads, Adhesive T.H.E. OFFICE CITY 10-14-6300 $ (4.56) 121457 10/13/2022 Return of Flags T.H.E. OFFICE CITY 63-56-6300 $ (4.55) 121457 10/13/2022 Return of Flags T.H.E. OFFICE CITY 10-01-6300 $ 51.48 121457 10/13/2022 Labels T.H.E. OFFICE CITY 60-50-6300 $ 13.77 121457 10/13/2022 Batteries, Staples, Ink Pads, Adhesive T.H.E. OFFICE CITY 60-50-6300 $ (4.55) 121457 10/13/2022 Return of Flags $ 79.13 121457 Total
True Blue Veterinary Group 10-21-6208 $ 70.00 121458 10/13/2022 Menthly Contract Animal Control/ July 2022
True Blue Veterinary Group 10-21-6208 $ 6,475.30 121458 10/13/2022 Menthly Contract Animal Control/ August 2022
$ 6,545.30 121458 Total
True Blue Veterinary Group 10-21-6208 $ 2,491.82 121459 10/13/2022 Menthly Contract Animal Control/ September 2022
$ 2,491.82 121459 Total
Valenzuela Kelsi 10-00-2841 $ 80.00 121462 10/13/2022 Sherman Park Rental Deposit Refund/ Valenzuela
$ 80.00 121462 Total
Verizon Wireless 10-21-6420 $ 342.09 121463 10/13/2022 Mobile laptop access 8-19-22 to

9-18-22
Verizon Wireless 63-56-6420 $ 38.01 121463 10/13/2022 Mobile laptop access 8-19-22 to 9-18-22
Verizon Wireless 10-06-6420 $ 38.01 121463 10/13/2022 Mobile laptop access 8-19-22 to 9-18-22
Verizon Wireless 10-22-6615 $ 114.03 121463 10/13/2022 Mobile laptop access 8-19-22 to 9-18-22
$ 532.14 121463 Total
WEST SIDE PUBLIC SCALE 60-50-6230 $ 24.00 121467 10/13/2022 Weight Tags for Sep 2022/WWTP
$ 24.00 121467 Total

AP Check Register
October 6, 2022 through October 18, 2022
11 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Water Conditioning 10-14-6300 $ 27.87 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22 City Hall
Westside Water Conditioning 60-50-6300 $ 27.87 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22 City Hall
Westside Water Conditioning 60-50-6300 $ 69.17 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22/ Corp Yard
Westside Water Conditioning 10-21-6200 $ 72.65 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22 /PD
Westside Water Conditioning 63-56-6300 $ 69.18 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22/ Corp Yard
Westside Water Conditioning 10-22-6200 $ 72.65 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22/ FD
Westside Water Conditioning 63-56-6300 $ 27.86 121465 10/13/2022 Bottle Water Delivery 9-15-22 & 9-27-22 City Hall
Westside Water Conditioning 60-50-6300 $ 21.90 121465 10/13/2022 Bottle Water Delivery 9-15-22/ WWTP
$ 389.15 121465 Total
Westwind 60-50-6300 $ 309.10 121466 10/13/2022 Public Works Safety Shirts Westwind 63-56-6300 $ 519.82 121466 10/13/2022 Public Works Safety Shirts Westwind 69-47-6300 $ 218.24 121466 10/13/2022 Public Works Safety Shirts Westwind 10-44-6300 $ 97.41 121466 10/13/2022 Public Works Safety Shirts Westwind 10-06-6300 $ 93.66 121466 10/13/2022 Public Works Safety Shirts Westwind 10-33-6300 $ 307.20 121466 10/13/2022 Public Works Safety Shirts Westwind 10-07-6300 $ 46.83 121466 10/13/2022 Public Works Safety Shirts $ 1,592.26 121466 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 43.12 121468 10/13/2022 Badge Holder $ 43.12 121468 Total
YANCEY LUMBER COMPANY 10-33-6300 $ 13.95 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 5.14 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 82.52 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6200 $ 16.62 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light

Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 40.29 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light

Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 7.64 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 20.87 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 13.96 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 7.75 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-21-6307 $ 38.83 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-45-6735 $ 30.08 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 12.62 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-01-6644 $ 8.73 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 13.19 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 19.38 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 12.60 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 19.79 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 87.33 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 13.62 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 63.11 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-01-6644 $ 63.10 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs

AP Check Register
October 6, 2022 through October 18, 2022
12 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 63-56-6300 $ 6.19 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 132.82 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 19.59 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 14.07 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 6.02 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 47.06 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 10.47 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ (12.62) 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 18.43 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 12.61 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 2.90 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 14.07 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 14.35 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 10.77 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ (40.29) 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 44.21 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 8.25 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 10.97 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-07-6300 $ 58.71 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 83.22 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 25.72 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 8.25 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6530 $ 11.59 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 3.87 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 36.38 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-22-6300 $ 9.67 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-01-6644 $ 45.63 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 12.13 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 5.80 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 15.93 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 12.60 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 8.14 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 1.16 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 63-56-6300 $ 48.53 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 221.36 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-45-6735 $ 5.81 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 60-50-6300 $ 76.53 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 69-47-6300 $ 8.08 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 12.62 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 18.72 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs

AP Check Register
October 6, 2022 through October 18, 2022
13 of 13
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 10-22-6300 $ 32.04 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-44-6300 $ 2.90 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 25.24 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
YANCEY LUMBER COMPANY 10-33-6300 $ 64.64 121469 10/13/2022 Dog Food/Misc Tools/Locks/Light Bulbs
$ 1,766.26 121469 Total
$ 1,307,427.00 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING OCTOBER 11, 2022
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order - Mayor Graham 7:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member McDonald.

4. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Pimentel, And Mayor Graham.

ABSENT: None.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters
a. Proclamation – Lights On Afterschool Day
Mayor Graham Announced That Item 6.a. Would Be Rescheduled And That The Proclamation Would Be Presented At The October 25th City Council Meeting.

7. Items from the Public - Non-Agenda Items.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The September 27, 2022 Meeting. d. Authorize City Manager To Execute An Agreement With EMC Planning Group Inc. For The Preparation Of A CEQA-Plus Document For The City Of Newman Influent Sewer Phase II Project.

ACTION: On A Motion By McDonald Seconded By Pimentel, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.

9. Public Hearings – None.

10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2022- , An Ordinance Amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, To Prohibit Camping And Storage Of Personal Property On Public And Private Property.

Council Member McDonald Asked About The Procedures For Handling Repeat Offenders Of The Proposed Unlawful Camping Ordinance.

Sergeant Williams Stated That There Were Several Steps That Need To Be Followed Prior To Taking Action But That The End Result Could Be A Citation Or They Could Be Booked.

Council Member McDonald Stated That These Are Often Difficult Situations But Noted That The City Should Be Making Efforts To Help People And Not Cause Them Any Harm.

Mayor Graham Stated That Stanislaus County Offers An Unbelievable Amount Of Resources That Are Specifically Directed Toward The Homeless Population And Noted That This Ordinance Could Be A Tool To Help People Accept Some Of The Services That Are Available, While Reducing Other Ancillary Issues.

ACTION: On A Motion By Ball Seconded By Pimentel, Ordinance No. 2022- , An Ordinance Amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, To Prohibit Camping And Storage Of Personal Property On Public And Private Property, Was Introduced By Council Member Ball And Had Its First Reading By Title Only, By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT:

None; NOT PARTICIPATING: None.

11. Items From District Five Stanislaus County Supervisor – None.

12. Items From The City Manager And Staff.

City Manager Holland Stated That The Intent Of The Aforementioned Ordinance Was To Provide Assistance To The Homeless And Thanked Council For Introducing Said Ordinance. Holland Noted That The City Council Had Purchased Twenty Wreaths From The Wreaths Across America Campaign For Veterans At The Hills Ferry Cemetery. He Mentioned That The City’s Website Would Be Updated After January 1st And Reported That Fifty Percent Of The City’s Utility Customers Were Already Paying Their Bills Online. He Explained That The City Was Beginning An AB1600 Report That Evaluates Impact Fees That Are Placed On New Development. Holland Pointed Out That The City Would Also Be Assembling A Parks And Recreation Master Plan And Would Be Soliciting Community Input Regarding Desired Parks And Amenities. He Concluded By Noting That A Public Meeting To Design The Next Phase Of The Downtown Plaza Including The Veterans Memorial Would Be Taking Place Soon.

Mayor Graham Asked About The Prior Agreement With The Newman Crows Landing School District To Build Two Additional Tennis Courts At Lions Park Next To The Skate Park.

City Manager Holland Stated That Due To Construction Costs, The Aforementioned Courts Were Not Currently Being Constructed But Noted That They Would Be Reconsidered In The Future.

Council Member McDonald Asked If The City Intended To Make Paying Utility Bills Online Mandatory And Expressed Concern For Seniors Who Might Have A More Limited Ability To Pay Online.

City Manager Holland Explained That They Would Not Require Mandatory Online Payments.

Recreation Director/Community Liaison Mendoza Reported That The Youth Soccer Season And Farmers Market Events Were Both Nearing Their Conclusion And Each Had Three Weeks Remaining. Mendoza Noted That Cause For Paws Would Be Hosting A Pet Costume Contest On October 28th At The Farmers Market Event. She Mentioned That Youth Basketball Registration Would Begin The Following Week.

Lieutenant Short Reported That The Newman Animal Shelter Had Plenty Of Youthful Dogs Available For Adoption.

Finance Director Humphries Reported That Later In The Month, The City’s Website For Utility Bill Payments Would Be Updated. Humphries Noted That The Site Would Include Additional Tools That Would Make The Website More User Friendly And Provide More Information To Users About Their Utility Accounts.

Public Works Director Reyes Reported That On October 26th There Would Be A Virtual Online Workshop To Review The Concepts For The Proposed Veterans Memorial At The Plaza.

City Manager Holland Explained That An Ad Had Been Placed In The Local Paper Inviting Community Members To Attend The Aforementioned Workshop. Holland Noted That An Additional Ad Was Also Placed For The Measure L Workshop Regarding The Roads And Streets Project.

Public Works Director Reyes Pointed Out That The Aforementioned Workshop Information Had Also Been Disseminated On Social Media. Reyes Reviewed The Status Of The Inyo Utility And Canal School Road Surface Improvement Projects.

Council Member McDonald Asked If The Canal School Road Resurfacing Project Area Would Be Damaged By The Construction Of The NEWS Project.

Public Works Director Reyes Explained That During The Construction Of The NEWS Project, The Majority Of The Trucks Would Be Utilizing A Route That Would Not Traverse The Aforementioned Area Of The Canal School Road Resurfacing Project.

Chief Bowen Reported That It Was Fire Prevention Week And The Fire Department Was in The Process Of Visiting The Local Elementary Schools To Promote Fire Safety. Bowen Mentioned That Staff Would Be Submitting The Hazard Mitigation Plan To The City Council For Approval In The Near Future And Concluded By Noting That The Fire Department Was Continuing To Conduct Fire Inspections Of Local Businesses.

Mayor Graham Thanked Chief Bowen For The Fire Departments Community Involvement And For Visiting The Local Schools.

13. Items From City Council Members.

Council Member McDonald Thanked Fire Chief Bowen For All Their Efforts.

Mayor Graham Thanked Everyone.

14. Adjournment.

ACTION: On A Motion By Ball Seconded By McDonald And Unanimously Carried, The Meeting Was Adjourned At 7:27 P.M.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 9 .a.

City Council Meeting
of October 25, 2022
AN ORDINANCE AMENDING TITLE 8, HEALTH AND SANITATION, OF THE NEWMAN MUNICIPAL CODE, ADDING CHAPTER 8.11, UNLAWFUL CAMPING, TO PROHIBIT CAMPING

AND STORAGE OF PERSONAL PROPERTY ON PUBLIC AND PRIVATE PROPERTY RECOMMENDATION:

It is recommended the City Council:

1. Conduct Public Hearing.

2. Conduct Second Reading of Ordinance No. 2022- , amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping, prohibiting camping and storage of personal property on public and private property within the city limits in the City of Newman.

3. Adopt said Ordinance and authorize staff to publish a summary of said ordinance.

BACKGROUND:

Over the past several years, the City of Newman has experienced an increase in nuisance behavior, particularly in the City's parks, downtown business district, and shopping centers. The activities include, but are not limited to, camping, sleeping, bathing in public, and storing personal property within the aforementioned areas of the City. As a result, over the past several years numerous calls for law enforcement service have been received to address matters such as physical fights, verbal disturbances, accumulation of garbage debris, fires, vandalism, sleeping on public sidewalks, public intoxication, public nudity, and public urination and defecation. These types of activities disrupt City commerce, cause City residents to avoid these areas as a result of feeling unsafe, creates a genuine concern for public health, and negatively impacts the overall quality oflife for the residents of the City ofNewman.

Also, in addition to individuals sleeping on public sidewalks and thereby obstructing a public way, the storage of unattended property in public areas such as shopping carts on sidewalks creates ADA compliance concerns. The streets and public areas within the City should be readily accessible and available to residents and the public at large.

There are a number of both public and private resources available for individuals who may be in need of assistance, in addition to several long term shelters and drop in shelters located within approximately 30 miles of the City of Newman.

In order to protect City residents, the City's business community, and the City's public resources, the proposed ordinance contains a number ofrestrictions. Those restrictions include (1) prohibiting camping on public and private property; (2) prohibiting the distribution of food, clothing, currency, or other goods to those actively engaged in unlawful camping; (3) prohibiting storing personal property on public or private property. A number of other jurisdictions have adopted ordinances similar to this proposal which address the matter of unlawful camping and storage of personal property.

This Ordinance as introduced at the October 11, 2022 City Council meeting; where the Council waived the First reading except by Title.

ANALYSIS:

There are several facilities within Stanislaus County available for sheltering options. A men's and women's shelter - HOST House and Naomi's House - recently opened in nearby Patterson, and both Modesto and Turlock offers several shelter and housing services.

The HOST House located in Patterson, California is capable of sheltering 20 males, while Naomi's House, also in Patterson, can shelter 19 females. Both facilities offer showering, laundry services, all meals, free GED assistance, work development, and computer classes. Staff also helps to assist the guests in acquiring their drivers license, identification cards, social security cards, EBT, and MediCal. Additionally, Naomi's House offers daily activities to include Bible study, yoga, Zumba, and money management training. Naomi's House has separate cottages to accommodate both single women, as well as women with children. Each cottage contains a refrigerator and microwave, as well as a restroom with a shower. These locations are free of charge to guests, and they may stay as long as needed.

Agenda Item: 9.a.

Public Works provided a breakdown of costs associated with a one time clean up of the downtown Plaza as being $440.00. This included two employees cleaning trash for one hour each, one employee pressure washing for a total of four: hours, and the use of a tractor, pick up truck, flat bed truck, and pressure washer.

From a law enforcement perspective, responding to these repeated calls for service to address the variety of previously mentioned complaints related to unlawful camping and storage of personal property takes away from the already limited law enforcement resources available to the City of Newman. A quick review of some complaints received over the past two years and nine months revealed 35 incidents that led to a total of 15 hours and 18 minutes in law enforcement time spent on the calls. This sample size did not include self initiated officer activity and time to address concerns, such as the storage of personal property, prior to the receipt of a call for service.

FISCAL IMPACT:

None. If Council recommends the proposed ordinance, the City will incur savings as a result of labor and material costs associated with necessary sanitation and clean up from the camp sites.

CONCLUSION:

Therefore staff recommends City Council Adopt Ordinance No. 2022-, adding Chapter 8.11, Unlawful Camping, to Title 8; Health and Sanitation, of the Newman Municipal Code and direct staff to public a summary of said Ordinance:

ATTACHMENTS:

1. Proposed Ordinance No. 2022- , amending Title 8, Health And Sanitation, Of The Newman Municipal Code, Adding Chapter 8.11, Unlawful Camping

2. Daily county emergency shelter bed availability list Respectfully submitted,
Randy
~ Richardson
Chief of Police
REVIEWED/CONCUR:

Michael Holland
City Manager
ORDINANCE NO. 2022-
AMENDING TITLE 8, HEALTH AND SANITATION, OF THE NEWMAN MUNICIPAL CODE, ADDING CHAPTER 8.11, UNLAWFUL CAMPING, TO PROHIBIT CAMPING AND

STORAGE OF PERSONAL PROPERTY ON PUBLIC AND PRIVATE PROPERTY WHEREAS, the City of Newman has put a high priority on providing the best quality services to its citizens; and
WHEREAS, the City of Newman desires to maintain its public areas in a clean and accessible condition to allow people to use public areas for the purposes in which they are intended to be used; and WHEREAS, the City has the authority and the duty to keep its public property open and available for the purposes for which they were dedicated
WHEREAS, the public streets and other public property within the City should be readily accessible to all residents and the public at large; and
WHEREAS, the use of these areas for camping purposes or the storage of personal property interferes with the rights of others to use these areas for the purposes for which they were intended; and WHEREAS, the City Council finds that the Ordinance is in the best interest of the health, safety, and welfare of the City's residents to ensure that public spaces may be used for their intended purposes, the City's business community continues to thrive.

NOW, THEREFORE, the City Council of the City of Newman does hereby ordain as follows:

Section 1.

Chapter 8.11. Unlawful Camping, of Title 8, Health and Sanitation, of the Newman Municipal Code is added to read as follows:

Sections:

8.11.010

8.11.020

8.11.030

8.11.040

8.11.050

8.11.060

8.11.070

8.11.080

8.11.090

8.11.100

8.11. 010 Purpose.

Chapter 8.11

UNLAWFUL CAMPING
Purpose.

Definitions.

Unlawful Camping.

Storage of Personal Property on Public and Private Property.

Distribution of Food, Clothing, Currency or Other Goods.

Permit for Special Events Required.

Posting Copy of Permit.

Power of the City Manager to Make Rules and Regulations.

Current Ordinance Provisions.

Enforcement.

The streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the City. The purpose of this Chapter is to maintain streets, parks and other public and private areas within the City in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the City. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

8.11.020 Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application or words and phrases used in this Chapter.
"Camping" or "to camp" means the establishment, occupation, operation or maintenance of a camp site and/or the activity of living temporarily in the outdoors, on public or private property, either in the open air or using camp facilities and camp paraphernalia, including the erecting, placement, pitching, storing or using, as applicable, of camp facilities or camp paraphernalia for such purposes. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, _hammocks or cooking facilities or similar equipment.
"City Manager" means the City Manager or designee.
"Establish" means keeping or permitting equipment, supplies or material to remain on public or private property in order to camp or operate camp facilities.
"Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility. "Park" means any real property owned or leased or otherwise controlled by the City of Newman and which may legally be used for public recreation purposes. "Private property " means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.
"Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

8.11. 030 Unlawful Camping.

It is unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:

A. Any public property; or
B. Any private property.

1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five (5) consecutive nights.

2. Nothing in this Chapter is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the City's comprehensive zoning ordinance or other laws, ordinances and regulations.

3. The City Manager may, as provided in Section 8.11. 060 of this Chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.

8.11.040 Storage of Personal Property on Public and Private Property.

It is unlawjitl for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:

A. Any public property; or
B. Any private property without the written consent of the owner.

8.11.050 Distribution of Food, Clothing, Currency or Other Goods.

It is unlawful for any person to distribute food, clothing, currency, or other goods of any kind to any person engaged in unlawful camping as defined in Section 8.11.020 of this Chapter.

8.11.060 Permit/or Special Events Required.

The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the City departments, youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various City departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located. Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 3 70 the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter.

8.11.070 Posting Copy of Permit.

It is unlawfitl for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 8.11. 060 of this Chapter.

8.11.080 Power of the City Manager to Make Rules and Regulations.

The City Manager is jitrther empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or we(fare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of Section 8.11. 060 of this Chapter, the same may be revoked at any time thereafter by the City Manager ?f the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.

8.11.090 Current Ordinance Provisions.

Neither the adoption of the ordinance codified in this Chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

8.11.100 Enforcement.

A. A violation of this Chapter is a misdemeanor and a public nuisance. In addition to the remedies set forth in Penal Code Section 370, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.

B. Any citation issued for a violation of this Chapter may be dismissed upon review by the City Manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.

Section 2.

If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of 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 every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3.

All other sections and provisions of Title 8 shall remain in full force and effect.

Section 4.

This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thenceforth and thereafter the same shall be in full force and effect.

Introduced at a regular meeting of the City Council of the City of Newman held on the 1 ph day of October, 2022 and adopted at a regular meeting of said City Council held on the 25th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier, City Clerk
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Emergency Shelter Bed Availability
Date: September 29, 2022
Shelter Special Available Note Total Bed Contact Name Contact Email Contact Phone Instructions Beds Capacity Access Center Low Shelter Barrier 0 Call Doug for referrals 182 Jennifer Kennon ienoifg[.keooQn@y~.salvgtjon9rm)'.,org Email preferred 214-8775 Emergency Shelter Children Crisis Ages 0-17 35 35 Family Crisis Line 577-4413 Center -- CHS Youth Low Ages 18-24 4 18 Amian Alvarado aa~aradQ@teotelfo[bumaos.etYig;:s.gi:g; 526-1441 Barrier Shelter -- Becky Martinez t!martia~zl@tenterfQ!!:Juman~rvi~2[g CHS Hutton House Ages 13-17 4 -- 6 Amian Alvarado a~lvarado@ceat~!forhum~n~tvic§.0!'.9 526-1441 (Ext 548) Main Line Family Promise Families 0 1:50 14 Bobby Badelbou !;!Qbb)'.b@mooestofamil)'.g!'.Qmise.org 549-9454 (Ext 101) Modesto Gospel Men 22 call for referrals 95 Bryan Faulk bfaylk@mWJi~ion,org Email preferred 225-2906 Mission Modesto Gospel can for referrals I tpp bunk
Women 0 {filil/I. iad.flll.flll.ia tll.ml 40 Gina Marton gin~m@rm:m~siQn.org Email preferred 225-2917; 225-2925 Mission Patterson HOST Men 3 Mon - Fri only (at present) 20 Gene Martinez dbransooml:[email protected]:!cademi~~Qrg Email preferred 894-2652 House Rosie Raya Patterson Naomi's Women 2 -- 20 Dawn Branscombe; dbranscQml;[email protected] Email preferred 857-6828 House Rosie Raya Salvation Army Men 18 Call for referrals I tIIJl..JH!J!k Berberian 180 Kelly Lorenzo [email protected]~tionarm:l.org Email preferred 525-3750 Salvation Army Women 10 Call for referrals I t11/l. ll.u.all Berberian Turlock Gospel Men 0 Misison
Turlock Gospel Women 0 can for referrals 80 Thomas Hall [email protected] Email preferred 656-1033 Mission
Tur1ock Gospel overflow 16 Mission
Turning Point MPD 1 Garden Gate
Turning Point Men 0 Law Enforcement 11 Chaz Whitsell ChazWhlt:[email protected] 341-0718 or 569-0373 Garden Gate
Turning Point Women 0 Garden Gate
We Care Program Men 2 Email for referrals 49 Debbie Gutierrez gebbie@w~aretyclock.Qrg Email preferred 620-2414 Turlock
GRAND TOTAL 117 750
All-Gender 17
Men 45
Women 12
Youth 43
Children Crisis Center
· 1244 Fiori Avenue, Modesto, CA 95350
Hutton House
201 Jennie Street, Modesto, CA 95354
Family Promise
2301 Woodland Avenue, Suite 8, Modesto, CA 95358
Modesto Gospel Mission
1400 Yosemite Blvd, Modesto, CA 95354
Patterson HOST House
405 S. 4th Street, Patterson, CA 95363
Patterson Naomi's House
415 S. 4th Street, Patterson, CA 95363
Salvation Army Berberian Shelter
320 9th Street, Modesto, CA 95354
Turlock Gospel Mission
437 S. Broadway, Turlock, CA 95380
Turning Point Garden Gate
609 5th Street, Modesto, CA 95351
We Care Program
221 S. Broadway, Turlock, CA 95380
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.

City Council Meeting
of October 25, 2022
INTRODUCTION OF ORDINANCE AMENDING TITLE 4 BUILDING REGULATIONS OF THE

NEWMAN MUNICIPAL CODE, AND ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2022 EDITION OF THE CA BUILDING STANDARDS CODE RECOMMENDATION:

It is recommended that the City Council conduct a first reading and introduction Ordinance No. 2022- , amending Title 4 Building Regulations of the Newman Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments.

BACKGROUND:

The model Building Code is updated every three years. This allows the Code to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The City previously updated the Building Code in October 2019.

ANALYSIS:

The California Building Standards Commission adoption of the 2022 Code comes after a comprehensive multi-state agency and stakeholder update of the 2019 Building Code.

The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state's natural resources and energy use. California's building code is applicable to virtually every commercial and residential structure in the state.

The new 2022 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green code updates, below are a few noteworthy updates:
• Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site is commenced within 12-months after its issuance. • Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age.
• Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels, and motels.

Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2022 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. Should these codes not be adopted by ordinance, they become effective by default without any amendments. The proposed effective date for the City of Newman will be January 1, 2023.

FISCAL IMPACT:

None.

CONCLUSION:

In an effort to keep our City Code up to date with State regulations, staff recommends the Council introduce the proposed ordinance amending Newman Municipal Code, Title 4.

ATTACHMENTS:

1. Ordinance No. 2022-

2. Attachment "A" the amended version of Newman Municipal Code Title 4, Building Regulations.

Respectfully Submitted,
Mike
b~ Brinkman
Chief Building Official
REVIEWED/CONCUR:

Michael Holland
City Manager
ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWMAN AMENDING TITLE 4 BUILDING REGULATIONS - OF THE NEWMAN CITY CODE
The City Council of the City of Newman does ordain as follows:

Section 1.

That Title 4 of the Newman City Code be amended as stated in Attachment "A", attached hereto and made a part hereof by this reference.

Section 2.

All other sections and provisions of Titles 4 shall remain in full force and effect.

Section 3.

That a duly noticed public hearing was held by the City Council on November 8, 2022.

Section 4.

This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thenceforth and thereafter the same shall be in full force and effect.

Introduced at a regular meeting of the City Council of the City ofNewman held on the 25th day of October, 2022 by Council Member , and adopted at a regular meeting of said City Council held on the gth day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
Newman City Code
Title 4 BUILDING REGULATIONS
Chapters:

4.01 4.02

4.03 4.04

4.05 4.06

4.07 4.08

4.09 4.10

4.11 4.12

4.13 4.14

4.15 4.16

4.17 4.18

4.19 4.20

4.21 4.22

4.23 4.24

4.25 Title 4

BUILDING REGULATIONS
Building Code
Plumbing Code
Electrical Code
Numbering Buildings
Moving Buildings
Television Antennas
Repealed
Housing Code
Mechanical Code
Abatement of Dangerous Buildings
Floodplain Management
Administrative Code
The Historic Building Preservation of the City of Newman Repealed
Historical Building Code
Existing Building Code
Energy Code
Repealed
Reference Standard Code
Residential Code
Green Code
Safety Assessment Placards
Small Residential Rooftop Solar Permitting Procedures
Electric Vehicle Charging Station Permitting Procedures Universal Design for Residential Dwellings

Newman City Code
Chapter 4.01 BUILDING CODE
Sections:

4.01.010

4.01.020

4.01.030

4.01.040

4.01.050

4.01.060

4.01.070
Purposes.

Adoption.

Definitions.

Violations and penalties.

Amendments.

Validity.

Board of Appeals.

4.01.010 Purposes.

Chapter 4.01

BUILDING CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 1, 10-22-2002; Ord. 99-11 § 1, 3-23-1999; Ord. 92-9, 7-28- 1992)

4.01.020 Adoption.

Those certain documents in book form entitled "California Building Code - 2-0-1-9 2022 Edition of Title 24 Part 2 Volume 1 and 2," and including Chapter 1, Division II Scope and Administration and the Appendices Chapter G - Flood-Resistant Construction, Chapter H - Signs, Chapter I - Patio Covers, Chapter J - Grading, Chapter KCentral Valley Flood Protection Plan, and Chapter GP- Emergency Housing based on the 2-0-1-& 2021 International Building Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 604 78, one copy of which document is now on file in the Building Department of the City of Newman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as "California Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002- 10 § 2, 10-22-2002; Ord. 99-11 § 2, 3-23-1999)

4.01.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

B. The term "Building Official" shall include the term "Chief Building Official," and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency, and his or her deputies or designees. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002- 10 § 3, 10-22-2002; Ord. 99-11 § 3, 3-23-1999; Ord. 92-9, 7-28-1992)

4.01.040 Violations and penalties.

Section 114.4 of the California Building Code as set forth in said Code is omitted, but in lieu thereof a new Section 114.4 is added to read as follows:

Section 114.4.

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 Newman City Code
Chapter 4.01 BUILDING CODE
building or structure in the City of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 4, 10-22-2002; Ord. 99-11 § 4, 3-23-1999)

4.01.050 Amendments.

A. Chapter J of the California Building Code Appendix is amended by adding Section J 113 thereto, to read:

Section J 113 Storm Water Drainage Requirement.

In all cases where proposed construction is for commercial, industrial, or public or quasipublic buildings or structures, for two-family, three-family, four-family, or multi-family dwellings, or for other uses which similarly involve structural ground coverage likely to affect storm drainage in the areas in which they are located, including but not limited to, trailer parks and parking lots, drainage facilities for the property shall be constructed in a manner approved by the Department of Public Works, which may include discharge into a publicly maintained storm drain system or ponding basin. Submission of the drainage plans for approval shall be the responsibility of the owner or the developer of the property on which the construction is proposed, and the application for a building permit shall be accompanied by a drainage plan suitable for review by the Department of Public Works.

B. Section 502.1 of the~ California Building Code is hereby amended by adding the following subsection:
502.1.2 Address Illumination. Addressing shall be illuminated at night in all new buildings.

Address signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles.

Internally illuminated signs shall provide equivalent luminance. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 5, 10-22-2002; Ord. 99-11 § 5, 3-23-1999)

4.01.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination here from of any such portion as may be declared invalid or unconstitutional. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-10 § 6, 10-22- 2002; Ord. 99-11 § 6, 3-23-1999; Ord. 92-9, 7-28-1992)

4.01.070 Board of Appeals.

Section UJ-4113.5 of the California Building Code is hereby added to read as follows:

Section UJ-4 113. 5 Board of Appeals.

Newman City Code
Chapter 4.01 BUILDING CODE
The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

Newman City Code
Chapter 4.02 PLUMBING CODE
Sections:

4.02.010

4.02.020

4.02.030

4.02.040

4.02.050
Adoption.

Purposes.

Penalties.

Board of Appeals.

Validity.

4.02.010 Adoption.

Chapter 4.02

PLUMBING CODE
That certain document in book form entitled "California Plumbing Code, ;w.l-9 2022 Edition of Title 24 Part 5," including Chapter 1, Division II, Administration, and the Appendices thereof, based on the Wl-8 2021 Uniform Plumbing Code, as approved and copyrighted by the International Association of Plumbing and Mechanical Officials (IAPMO) and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of plumbing, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the California Plumbing Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 1, 10-22-2002; Ord. 2002-5 § 1, 10-22-2002)

4.02.020 Purposes.

The purposes of this chapter are: providing for the protection of the public health and safety; requiring a permit and inspection for the installation or alteration of plumbing and drainage systems; defining certain terms; establishing minimum regulations for the installation, alteration or repair of plumbing and drainage systems and the inspection thereof; providing penalties for its violations; and repealing conflicting ordinances. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 2, 10-22-2002; Ord. 2002-5 § 2, 10-22-2002; Ord. 90-16, 10- 16-1990)

4.02.030 Penalties.

Section 106.3 of the California Plumbing Code is hereby amended to read as follows:

Section 106.3 Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 3, 10-22-2002; Ord. 2002-5 § 3, 10-22-2002) Newman City Code
Chapter 4.02 PLUMBING CODE

4.02.040 Board of Appeals.

Section 107.3 of the California Plumbing Code is hereby added to read as follows:

Section 107 .3 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 4, 10-22-2002; Ord. 2002-5 § 4, 10-22-2002)

4.02.050 Validity.

The City Council of the City ofNewman hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the Code hereby adopted be, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-11 § 5, 10-22-2002; Ord. 2002-5 § 5, 10-22-2002)
Newman City Code
Chapter 4.03 ELECTRICAL CODE
Sections:

4.03.010

4.03.020

4.03.030
Adoption.

Penalties.

Violations.

4.03.010 Adoption.

Chapter 4.03

ELECTRICAL CODE
That certain document in book form entitled "California Electrical Code -;w-1-9 2022 Edition of Title 24 Part 3," based on the ;w++ 2020 National Electrical Code, published by the National Fire Protection Association, 1 Batterymarch Park (P.O. Box 9146), Quincy, MA 02269, and the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, and approved by the United States of America Standards Institute, one copy of which document is on file in the Building Department of the City of Newman, is hereby adopted by reference, and enacted by the City Council of the City of Newman as the "California Electrical Code of the City of Newman," in its present form, except as hereinafter amended, deleted and added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-12 § 1, 10-22-2002; Ord. 2002-9 § 1, 10-22-2002)

4.03.020 Penalties.

Annex H Section 80.23(B) of the California Electrical Code is hereby amended to read as follows:

Annex H Section 80.23(B). Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-12 § 2, 10-22-2002; Ord. 2002-9 § 2, 10-22-2002; Ord. 91-9, 7-16-1991)

4.03.030 Violations.

Annex H Section 80.23(A) of the California Electrical Code is hereby amended to read as follows:

Annex H Section 80.23(A). Violations.

Every person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a separate offense for each ten days thereof during which such violation continues and shall be punishable therefor as herein provided.

Newman City Code
Chapter 4.03 ELECTRICAL CODE
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-12 § 3, 10-22-2002; Ord. 2002-9 § 3, 10-22-2002; Ord. 91-9, 7-16-1991)

Newman City Code
Chapter 4.04 NUMBERING BUILDINGS
Sections:

4.04.010

4.04.020

4.04.030
System established.

North, south designations.

Director to supervise.

4.04.010 System established.

Chapter 4.04

NUMBERING BUILDINGS
The following system of numbering the houses in the City is hereby established as follows:

A. South of Fresno Street. All blocks fronting on the streets lying south of Fresno Street, and extending in a southerly direction, shall commence with number one on each street on the southerly line of Fresno Street, and thence continue southerly with 100 numbers to each block to the southern City limits; provided, that the odd numbers be placed on the houses fronting on the westerly line of said streets, and the even numbers be placed on the houses fronting on the easterly line of said streets.

B. North of Fresno Street. All blocks fronting on the streets lying north of Fresno Street and extending in a northerly direction shall commence with number one on each street on the northerly line of Fresno Street, and thence continue northerly with 100 numbers to each block to the northern City limits; provided, that odd numbers be placed on the houses fronting on the westerly side on said streets, and the even numbers be placed on the houses fronting on the easterly side on said streets.

C. East of 0 Street. All blocks fronting on the streets lying east of 0 Street and extending in an easterly direction shall commence with number one on each street on the easterly line of 0 Street, and thence continue easterly with 100 numbers to each block to the eastern City limits; provided, that the odd numbers shall be placed on the houses fronting on the northerly side of said streets and the even numbers be placed on the houses fronting on the southerly side of said streets.

D. West of 0 Street. All blocks fronting on the streets lying west of 0 Street, and extending in a westerly direction, shall commence with number one on each street on the westerly line of 0 Street, and thence continue westerly with 100 numbers to each block to the western City limits; provided, that the odd numbers shall be placed on the houses fronting on the northerly side of said streets, and the even numbers be placed on the houses fronting on the southerly side of said streets. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.04.020 North, south designations.

All numbers lying north of Fresno Street shall be designated as No. __ North, and all numbers lying south of Fresno Street shall be designated as No. __ South. All numbers lying east of 0 Street shall be designated as No. __ East, and all numbers lying west of 0 Street shall be designated as No. __ West. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 79, 10-22-1918)

4.04.030 Director to supervise.

The work of numbering the houses as above provided shall be under the supervision of the Director of Public Works. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 77-2, 2-8-1977; Ord. 79, 10-22- 1918)
Newman City Code
Chapter 4.05 MOVING BUILDINGS
Sections:

4.05.010

4.05.021

4.05.022

4.05.023

4.05.024

4.05.025

4.05.026

4.05.027

4.05.028

4.05.031

4.05.032

4.05.033

4.05.034

4.05.041

4.05.042

4.05.043

4.05.044

4.05.045

4.05.046

4.05.047

4.05.050

4.05.060

4.05.010
A. Defined.

Chapter 4.05

MOVING BUILDINGS
House mover's and relocation permits.

Relocation permits - Application for permit.

Relocation permits - Investigation of applicant.

Relocation permits - Issuance of permit denied.

Relocation permits - Issuance of permit.

Relocation permits - Bond required.

Relocation permits - Conditions of bond.

Relocation permits - Default in performance of conditions.

Relocation permits - Bond period and termination of bond.

House mover's permit- Permit prerequisites.

House mover's permit- Contents of application.

House mover's permit-Action upon application.

House mover's permit- Deposits.

Procedure for house movers - Conditions of permit.

Procedure for house movers - Inspection of structures.

Procedure for house movers - Police escort.

Procedure for house movers - Methods of moving.

Procedure for house movers - Damage to streets.

Procedure for house movers - Deposit deductions.

Procedure for house movers - Red light required.

Insurance.

Appeals.

House mover's and relocation permits.

1. No person shall move any building or structure or any portion thereof over, upon, along or across any public street, alley or sidewalk without a written permit therefor from the City Planning Department. Such permit may be referred to as a "house mover's permit."

2. No person shall relocate any building or structure or any portion thereof upon any premises in the City without a permit therefor. Such permit may be referred to as a "relocation permit." B. Permits Required. No house mover's permit shall be issued until the Planning Director or his/her designee has first issued to the owner of the premises to which the building is to be moved a relocation permit. No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the City or if the building or structure is to be used by a governmental agency for a governmental purpose. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.021 Relocation permits -Application for permit.

A. Every application to the Planning Department for a relocation permit shall be in writing upon a form furnished by the City and shall set forth such information as may be reasonably required in order to carry out the purposes of this chapter. The application shall have attached thereto:

1. Photograph of the building of not less than eight inches by 10 inches in dimension of all sides of such building or structure, showing the general architectural design and appearance thereof.

2. Plot plan showing proposed location of building.

Newman City Code Page 11/84
Chapter 4.05 MOVING BUILDINGS

3. Plan of reconstruction.

4. Written report of a licensed pest control operator showing whether there is infestation, infection or damage to the building, or any hazardous or dangerous conditions to the structure related to wood-destroying organisms.

8. Such application shall be filed with the Planning Department accompanied by an application fee of $375.00. The application fee shall be in addition to the regular building permit fee required in the City Building Code. (Ord. 2019- 5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.022 Relocation permits - Investigation of applicant.

A. Upon the filing of the application, the City Clerk shall refer the matter to the Planning Commission of the City for its review, and no such permit shall be issued until the same has been approved by said body. The Planning Commission shall set a hearing thereon. Written notice of the time and place of such hearing shall be mailed to the known owners of property within a radius of 300 feet of the property to which said building is to be moved, and notice thereof shall also be posted on said proposed location. Such notice mailed and posted shall set forth the character of the building to be moved, and the place from which and the place to which it is to be moved, in addition to the time and place of hearing upon the application. Such mailing and posting of notices shall be completed at least 10 days before the date of said hearing.

B. Any person aggrieved by the decision of the Planning Commission upon any application for a permit as herein provided may, within 15 days from the date said action is taken by the Planning Commission, appeal to the City Council. Said appeal shall be in writing and filed with the City Clerk. Upon the filing of any such appeal the same shall be set for hearing before the City Council and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to the owners of all property within a radius of 3 00 feet of the property to which any building or structure is to be moved, and to the applicant. Such mailing of notices shall be completed at least 10 days before the date of said hearing. After such hearing by the City Council, the City Council may grant or deny the application or may modify in any particular the action taken by the Planning Commission. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.023 Relocation permits - Issuance of permit denied.

No permit shall be issued to relocate any building or structure which in the opinion of the Planning Commission is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsanitary or in such a condition of deterioration or disrepair that its relocation at the proposed site would be materially detrimental to the property or improvements in the district within a radius of 300 feet from the proposed site; or ifthe proposed use is prohibited by the zoning laws of the City; or if the structure is of a type prohibited, at the proposed location, by any fire district ordinance, or by any other law or ordinance; provided, however, that if the condition of the building or structure in the judgment of the Planning Commission admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as hereinafter provided. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10- 11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.024 Relocation permits - Issuance of permit.

If the granting of a permit is not prohibited by NCC 4.05.023, the Planning Commission may, after the necessary investigation and hearing, authorize the Planning Director to issue a relocation permit and, in authorizing such permit, may impose such terms and conditions as he may deem reasonable and proper, including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental to public welfare or to the property and improvements, or either, in the district within a radius of 300 feet of the proposed site to which it is to be moved. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007) Newman City Code Page 12/84
Chapter 4.05 MOVING BUILDINGS

4.05.025 Relocation permits - Bond required.

A. No relocation permit shall be issued by the Planning Director unless the applicant therefor shall first post with the City a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company, authorized to do business in this State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost plus 50 percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as such cost is estimated by the Director of Public Works, City Engineer and/or City Manager. In lieu of a surety bond, the applicant may post a bond executed by said owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash bond" for the purposes of this chapter.

B. Any bond executed pursuant to any provision of this chapter shall contain a provision indemnifying and saving harmless the City and each officer or employee thereof from any loss or liability arising out of or resulting from any of the acts done pursuant to the provisions of any such bond or permit. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.026 Relocation permits - Conditions of bond.

Every bond posted pursuant to this chapter shall be conditioned as follows:

A. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Directors of Planning, Public Works and/or City Engineer.

B. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within 90 days after the date of the issuance of the house mover's permit elsewhere in this chapter provided for. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient causes by the Director of Public Works. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.027 Relocation permits - Default in performance of conditions.

A. Whenever the Directors of Planning, Public Works and/or City Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond.

B. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Directors of Planning, Public Works and/or City Engineer to be reasonably necessary for the completion of such work.

C. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the City the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10 percent of the said estimated cost. Upon the receipt of such moneys, the City shall proceed by such mode it deems convenient to cause the required work to be performed and completed, but no liability shall be insured therein other than for the expenditure of the said sum in hand therefor.

D. If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the City shall proceed without delay and without further notice or proceedings whatever to use the cash deposit, or any portion of such deposit, to cause the required work to be done by contractor or otherwise in the discretion of the City Manager or his/her designee. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus 10 percent thereof. If upon investigation or failure to secure offers or bids to do said work, it appears that the cash deposit is not adequate to complete the same, the Director of Public Works shall report the facts to the City Council for such action as it shall order after due investigation.

Newman City Code Page 13/84
Chapter 4.05 MOVING BUILDINGS
E. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the.building or structure and to clear, clean and restore the site. If the surety defaults, the Director of Public Works shall report the facts to the City Council for its order, which order may include all actions herein placed in the power of the surety. The City Council may, at its discretion, bring suit against the surety and principal and such other defendants as it may be advised to obtain a judgment authorizing demolishing the building or structure or for such other remedies as the court shall decree.

Costs of such proceeding shall be paid by the principal and surety and other defendants as the court may decree. Any building or structure maintained after default shall constitute a public nuisance and be subject to abatement as such.

F. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

G. No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety engaging in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof. The provisions of this subsection as well as all subsections of this section shall also extend to representatives of the City. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11- 27-2007)

4.05.028 Relocation permits - Bond period and termination of bond.

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the City of the performance of all of the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Director of Public Works, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.031 House mover's permit- Permit prerequisites.

No house mover's permit shall be granted by the City Planning Department except as follows:

A. The applicant must first furnish evidence that the applicant has already been issued a relocation permit for the particular building or structure when such a permit is required by the provisions of this chapter.

B. The applicant shall pay to the City an application fee of $50.00 for each permit requested.

C. A separate application upon a form furnished by the City must be filed, and a separate permit obtained, for the moving of each separate building or structure or portion of a building or structure. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.032 House mover's permit - Contents of application.

Each application for a house mover's permit must show:

A. The kind of building or structure to be moved.

B. The street location or other identifying description from which it is proposed to be moved if such location is within the City, and the street location or other identifying description to which it is proposed to be moved, and the route over, along, across and upon which such building or structure or section or portion thereof is to be moved.

C. The number of sections in which the building or structure will be moved.

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Chapter 4.05 MOVING BUILDINGS
D. The time when it is proposed to be moved and within which removal will be completed. (Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.033 House mover's permit - Action upon application.

The Planning Director, immediately upon receipt of such application, shall notify the Chief of Police and Director of Public Works that such application has been filed. The Director of Public Works shall investigate the route designated in the application to ascertain whether the moving of the building can be made without damage to the trees adjacent thereto. If the moving would damage such trees, he shall prescribe another route which will not cause such damage. If the moving of the building requires any tree trimming, such tree trimming shall be performed by a street trimmer designated by the Director of Public Works, and charge an hourly rate equal to the tree trimmer's fully burdened hourly wage for the services of such tree trimmer. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.034 House mover's permit - Deposits.

No permit shall be issued to any house mover pursuant to the terms of this chapter until the applicant therefor shall have deposited $500.00 with the City. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10§1, 11-27-2007)

4.05.041 Procedure for house movers - Conditions of permit.

Where the building or structure is to be moved from one street location to another street location within the City, or from one street location within the City to a place located outside the City, the house mover shall comply with the following conditions with respect to such parcel:

A. Immediately upon removal of said building, securely cap and seal all gas, water and oil pipes disconnected from the building.

B. Securely seal all sewer and other sanitary facilities remaining on the land.

C. Fill with dirt, sand or small rock all openings and excavations in the land, including cesspools and septic tanks, if any.

D. Remove therefrom all refuse, debris, old foundations, walls, slabs, waste material and other impediments.

E. Within 10 days after such removal, the house mover shall file a letter with the Director of Public Works certifying that all of the provisions of this section have been complied with. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.042 Procedure for house movers - Inspection of structures.

Every building or structure or section or portion thereof moved over, upon, along or across any street shall be moved under the inspection and supervision of the Director of Public Works. The Director of Public Works shall appoint an Inspector for the moving of any building or structure and of each section or portion thereof; provided, that in case two or more buildings or structures, or two or more sections or portions thereof, are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor.

Such inspection and supervision in each case shall be for such time as the Director of Public Works shall deem necessary for the performance of such service and a charge of an hourly rate equal to the Inspector's fully burdened hourly wage or fraction thereof shall be made for the time required for such inspection and supervision. (Ord. 2019- 5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.043 Procedure for house movers - Police escort.

The Director of Public Works shall notify the Chiefof Police of the time of moving the building through the public streets. If the Chief of Police determines that the protection of the public requires a police escort, he shall provide such escort and charge an hourly rate equal to the City's average fully burdened police officer hourly wage or Newman City Code Page 15/84
Chapter 4.05 MOVING BUILDINGS
fraction thereof shall be made therefor. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10§1, 11-27-2007)

4.05.044 Procedure for house movers - Methods of moving.

A. It shall be the duty of any house mover when required by the Director of Pub lie Works to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the moving of any building or structure, or section or portion thereof, along every street improved in any other manner than by Portland cement, concrete, asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve, except upon such board runway when the same is required by the Director of Public Works.

B. The Director of Public Works may direct that steel- or rubber-tired dollies may be used when any building or structure is moved on any unimproved or oil, gravel street.

C. In the event that the equipment of the house mover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving or if such house mover or his servants or employees at any time violate any of the terms, conditions or restrictions of the permit required by NCC 4.05.041 either as to the size or dimensions of the building or structure being moved or the route of such moving, or otherwise, the Inspector shall report such fact to the Director of Public Works and, when properly authorized by the Director of Pub lie Works, the Inspector shall be empowered to stop the progress of such moving. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.045 Procedure for house movers - Damage to streets.

In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Director of Public Works shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure or section or portion thereof. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.046 Procedure for house movers - Deposit deductions.

There shall be deducted from each deposit the cost of the service of the Inspector provided for in NCC 4.05.042, the cost of the tree trimmer provided for in NCC 4.05.033, the cost of the police escort provided for in NCC 4.05.043, and the cost ofrepairs, if any, made by the Director of Public Works as provided in NCC 4.05.045. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his assigns. In case the deposit made pursuant to NCC 4.05.034 shall not be sufficient to pay the cost of the service of the Inspector, the police escort, the tree trimmer and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the City a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction. No permit fee shall be required for the moving of temporary buildings or structures over public streets or alleys if such buildings or structures are to be used for a governmental purpose. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.047 Procedure for house movers - Red light required.

No person moving any building or structure or section or portion thereof over, upon, along or across any street, alley or sidewalk shall fail, neglect or refuse to keep a red light illuminated at all times between sunset and sunrise at each corner of such building or structure or section or portion thereof, and at the end of any projection thereon while the same or any part thereof is located in or upon any street, alley or sidewalk. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.050 Insurance.

A. No permit to move a building authorized by the Planning Director or other City officer shall be issued until the permittee has filed with the City a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company authorized to do business in the State of California.

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Chapter 4.05 MOVING BUILDINGS
B. Said policy shall insure the permittee and shall inure to the benefit of any and all persons suffering loss or damage either to person or property by reason of wrongful or negligent acts in moving the building. Said policy shall also contain a clause or special endorsement indemnifying and saving harmless the City, its officers, agents and employees against any loss, damage, costs and expenses which may in anywise accrue against the City, its officers, agents or employees in consequence of the granting of the permit for moving any building.

C. Such policy, at a minimum, shall include the following:

1. General liability (including operations, products and completed operations): $1,000,000 per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile liability: $1,000,000 per accident for bodily injury and property damage.

3. Workers' compensation: As required by the State of California.

4. Employer's liability: $1,000,000 per accident for bodily injury or disease.

D. Such policy shall certify therein that it shall not be cancelled except upon 30 days' prior written notice thereof to the City. Said liability insurance shall be a continuing liability up to the full amount thereof notwithstanding any recovery thereon.

E. The City Manager, in his/her discretion, may require additional insurance coverage(s) and/or higher limits of coverage. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.05.060 Appeals.

Any person aggrieved by any decision of the Planning Director, Director of Public Works and/or Chief of Police in carrying out the provisions of this chapter may, within 10 days after decision, appeal to the City Council by filing a written notice thereof with the City Clerk, and the City Council shall hold a hearing on the matter and its decision thereon shall be final and conclusive. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-9 § 2, 10-28-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 77-2, 2-8-1977; Ord. 282, 4-8-1975) Newman City Code
Chapter 4.06 TELEVISION ANTENNAS
Sections:

Definitions.

Permit required - Fees.

Technical requirements.

Chapter 4.06

TELEVISION ANTENNAS

4.06.010

4.06.020

4.06.030

4.06.040

4.06.050
Electrical Inspector - Rights, duties and powers.

Existing antennas.

4.06.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Antenna" means the outdoor portion of the receiving equipment used for receiving or radiating television waves. "Height" means the overall vertical length of the antenna system above the ground, or, if such system be located on a building, then above that part of the level of such building upon which the system rests. "Mast" means that portion of the outside antenna system to which the antenna is attached, and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation, excluding towers. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.06.020 Permit required - Fees.

A. No person shall erect a television antenna mast or tower or add to or replace the guy lines and fastenings on an existing mast without obtaining a permit from the Electrical Inspector.

B. Before a permit is issued, a permit fee of $1 . 00 shall be paid to the Electrical Inspector.

C. A reinspection fee of $1.00 shall be made for each trip when extra inspections are necessary due to any of the following reasons:

1. Wrong address on permit.

2. Condemned work resulting from faulty construction.

3. Repairs or corrections not made when inspection is called.

4. Work not ready for inspection when called. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007)

4.06.030 Technical requirements. .

It shall be unlawful for any person hereafter to install, repair or maintain, either as owner or as agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any outside television antenna, or to make any additions to, or substitutions for, said antenna, except in accordance with the following rules and regulations:

A. Materials, Height. Every mast and antenna hereafter erected shaff be of noncombustible and corrosive-resistant material, except that in the case of ground support a wooden pole may be used when adequately treated with a wood preservative. No mast or antenna hereafter erected shall exceed the maximum height of 45 feet above a roof support and 65 feet above a ground support; provided, however, that in areas where reception is affected by obstruction or ground elevation, special permission may be granted by the Electrical Inspector upon request to exceed the abovespecified height limitations.

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Chapter 4.06 TELEVISION ANTENNAS
B. Mounting. Every mast and antenna installed on a roof shall be mounted on its own platform or plate covering one or more rafters of the roof. Whenever a plate is used, it shall be of wood at least two inches thick, six inches wide and 18 inches long, or of metal one-eighth inch thick, six inches wide and 12 inches long.

C. Method of Erection. Masts shall be erected by means of the telescope method, and the base of the mast shall be at least one and three-fourths inches in diameter, and at least three-fourths inch in diameter at the top of the mast except that no rotor shall be mounted on any mast the top dimension of which is less than one inch in diameter.

Masts shall be made of tubing material of a minimum thickness of 16 gauge. Each mast shall be securely fastened to the building structure by not less than three guy wires as equally separated as is practically possible and guyed every 10 feet in height. Guy wires shall be at least 20-gauge, six-strand galvanized cable. The distance that the guy wire shall be fastened from the base of the television mast shall be the ratio of one-third of its height; e.g., a 45-foot mast shall be guyed at least 15 feet away from the mast.

D. Wind Load Requirements. Notwithstanding any other provisions of this chapter, antennas shall be designed and installed to withstand a wind pressure of 25 pounds per square foot.

E. Anchor Screws. Anchor screws or lead expansion shields must be used in masonry at anchor points of masts and guy wire supports.

F. Eye Bolts. All eye bolts shall be galvanized and a minimum of one-quarter inch in diameter, set one and one-half inches into wood.

G. Public Ways. In no case shall an antenna be installed nearer to the street, sidewalk or any primary power line than the height of the antenna plus 10 feet unless approved by the Electrical Inspector, and no wires, cables or guy wires shall cross or extend over any part of any street or sidewalk.

H. Safety Wire. Whenever it is necessary to install an antenna near primary power lines (2,200 volts or over), or where damage would be caused by its falling, a separate safety wire shall be attached to the top of the mast and secured to a separate eye bolt in a direction away from the hazard.

I. Fire Protection. No antenna shall be installed in such a manner as to prevent access to any building for fire fighting or fire prevention purposes.

J. Grounding. Each mast and tower shall be grounded at its lowest point with wires of at least No. 8 copper, or with other conductors of equivalent carrying capacity. Ground shall be a cold water pipe, if available, or if not, by an approved ground rod driven a minimum of six feet into the ground and fastened with an approved ground connector.

Grounding means shall be by approved grounding fittings. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959)

4.06.040 Electrical Inspector - Rights, duties and powers.

A. The Electrical Inspector, or his authorized assistants, shall be authorized to inspect any television antenna hereafter erected to ascertain if the work has been done in a workmanlike manner and in compliance with this chapter.

B. Nothing contained in this chapter shall be construed to prevent the City, through a duly authorized Inspector, from inspecting any antenna system in use in the City, heretofore or hereafter installed, in order to ascertain whether or not the same is reasonably safe to life or property. In case any condition is found which might result in danger to life or property, the Electrical Inspector is authorized to give written notice to the owner or operator of such antenna at his last known address, specifying the dangerous condition, indicating the corrective action that must be taken to make the same safe, and requiring the same to be corrected within five days after such notice, or, in the case of serious safety hazards, within such shorter time as the Electrical Inspector may specify, not less than 48 hours after such notice. If such conditions are not corrected within such time, the maintenance thereafter of any such defective installation by the owner or use thereof shall be unlawful. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959)
Newman City Code Page 19/84
Chapter 4.06 TELEVISION ANTENNAS

4.06.050 Existing antennas.

Every television antenna erected prior to the effective date of the ordinance codified in this chapter may be maintained and operated in its present location, unless said antenna is so constructed and maintained as to be unsafe and dangerous as determined by the Electrical Inspector in accordance with the provisions of NCC 4.06.040. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 216, 9-8-1959) Newman City Code
Chapter 4.07 SWIMMING POOL, SPA, AND HOT TUB
CODE
Chapter 4.07

SWIMMING POOL, SPA, AND HOT TUB CODE
(Repealed by Ord. 2013-3)

Newman City Code
Chapter 4.08 HOUSING CODE
Sections:

4.08.010

4.08.020

4.08.030

4.08.040

4.08.050

4.08.060
Purposes;
Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.08.010 Purposes.

Chapter 4.08

HOUSING CODE
The purposes of this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the City of Newman by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed, or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016- 4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007- 10 § 1, 11-27-2007; Ord. 99-14 § 1, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.020 Adoption.

That certain document in book form entitled "Uniform Housing Code, 1997 Edition" including the appendices thereof, as approved and copyrighted by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, one copy of which is now on file in the Building Department of the City of Newman, is adopted and enacted as the "Housing Code of the City ofNewman" in its present form, except as to certain portions of said Uniform Housing Code, 1997 Edition, are hereafter specifically amended. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, .11-27-2007; Ord. 99-14 § 2, 3-23-1999)

4.08.030 Definitions.

Wherever the following words appear in the Uniform Housing Code, they shall be deemed to mean:

A. "City" shall mean the incorporated area of the City ofNewman.

B. "State" shall mean the State of California. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 3, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.040 Interpretation and appeals.

Section 203 of the Uniform Housing Code is hereby amended to read as follows:

Section 203
In order to provide for a final interpretation of the provisions of this ordinance and to hear appeals provided for hereunder, the City Council is hereby designated as a Board of Appeals.

Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the council and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Newman City Code
Chapter 4.08 HOUSING CODE
Building Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 4, 3-23-1999; Ord. 92-8, 7-28-1992)

4.08.050 Violations and penalties.

Section 204 of the Uniform Housing Code, 1997 Edition, as set forth in said Code, is omitted, but in lieu thereof a new Section 204 is added to read as follows:

Section 204.

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 of Newman, 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 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 $500.00, or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 5, 3-23-1999)

4.08.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination here from of any portion as may be declared invalid or unconstitutional. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-14 § 6, 3-23-1999; Ord. 92-8, 7-28-1992)
Ne\Vman City Code
Chapter 4.09 MECHANICAL CODE
Sections:

4.09.010

4.09.020

4.09.030

4.09.040

4.09.050
Purposes.

Adoption.

Interpretation and appeals.

Violations and penalties.

Validity.

4.09.010 Purposes.

Chapter 4.09

MECHANICAL CODE
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenanct'. of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum ofrestrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016- 4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007- 10 § 1, 11-27-2007; Ord. 2002-13 § 1, 10-22-2002; Ord. 2002-6 § 1, 10-22-2002; Ord. 92-11, 7-28-1992)

4.09.020 Adoption.

That certain document in book form entitled "California Mechanical Code -;w.-l-9 2022 Edition of Title 24 Part 4," including Chapter 1, Division II, Administration, and the Appendix thereof, based on the ;w.+& 2021 Uniform Mechanical Code, as approved and copyrighted by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "California Mechanical Code of the City ofNewman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 2, 10-22- 2002; Ord. 2002-6 § 2, 10-22-2002)

4.09.030 Interpretation and appeals.

Section 107.1 of the California Mechanical Code is hereby amended to read as follows:

Section 107 .1
In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the City Council shall appoint a Board of Appeals in accordance with administrative regulations of the Building Codes. Any person dissatisfied with any decision of the Building Official may appeal in writing to the Board of Appeals, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the Board shall set the same for hearing for a time not later than the next regular meeting and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant. The decision of the Board of Appeals on such appeal may be appealed in writing to the City Council by any person. Said appeal shall be set for hearing for a time not later than the next regular meeting of the Council. Notification of hearing and action shall be the same as indicated above for the Board of Appeals.

Newman City Code
Chapter 4.09 MECHANICAL CODE
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 20D2-13 § 3, 10-22-2002; Ord. 2002-6 § 3, 10-22-2002)

4.09.040 Violations and penalties.

Sections 106.1 and 106.3 of the California Mechanical Code, as set forth in said Code, are omitted, but in lieu thereof new Sections 106.1 and 106.3 are added to read as follows:

Section 106.1 General:

It shall be unlawful for any person, firm or corporation, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilation, cooling or refrigeration equipment in the jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the 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.

Section 106.3 Penalties:

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 $500.00, or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 4, 10-22-2002; Ord. 2002-6 § 4, 10-22-2002)

4.09.050 Validity.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-13 § 5, 10-22-2002; Ord. 2002-6 § 5, 10-22-2002; Ord. 92-11, 7-28-1992) Newman City Code
Chapter 4.10 ABATEMENT OF DANGEROUS

BUILDINGS
Chapter 4.10

ABATEMENT OF DANGEROUS BUILDINGS
Sections:

4.10.010

4.10.020

4.10.030

4.10.040

4.10.050

4.10.060
Purpose.

Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.10.010 Purpose.

The purpose of this chapter is to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 1, 3-23-1999; Ord. 92-12, 7-28-1992)

4.10.020 Adoption.

That certain document in book form entitled "Uniform Code for the Abatement of Dangerous Buildings - 1997 Edition," as approved and copyrighted by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601 , one copy of which document is now on file in the Building Department of the City of Newman, is hereby adopted by reference and enacted by the City Council of the City of Newman as the "Dangerous Buildings Code of the City of Newman" in its present form, except as certain portions thereof are hereinafter specifically amended, deleted or added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 2, 3-23-1999)

4.10.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherein the City or the State is left blank.

B. The term "Building Official" shall include the term "Building Inspector." C. "Fire Marshal" shall mean "Fire Chief." (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 3, 3-23-1999; Ord. 92-12, 7-28-1992)

4.10.040 Interpretation and appeals.

Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

Section 205.

In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, the City Council is hereby designated as a Board of Appeals. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail.

At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and the place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Newman City Code
Chapter 4.10 ABATEMENT OF DANGEROUS

BUILDINGS
Building Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 4, 3-23-1999)

4.10.050 Violations and penalties.

Section 203 of the Uniform Code for the Abatement of Dangerous Buildings as set forth in said Code is omitted, but in lieu thereof a new section is added to read as follows:

Section 203.

It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain, any building, structure or premises or cause or permit the same to be done in the City of Newman 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 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 $500.00 or by imprisonment for not more than 180 days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 5, 3-23-1999)

4.10.060 Validity.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional. (Ord. 2019-5 § 1 ( Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 6, 3-23-1999; Ord. 92-12, 7-28-1992) Newman City Code
Chapter 4.1 I FLOODPLAIN MANAGEMENT
Sections:

4.11.010

4.11.020

4.11.030

4.11.040

4.11.050

4.11.060

4.11.070

4.11.080

4.11.090

4.11.100

4.11.110

4.11.120

4.11.130
~.11.140

4.11.150

4.11.160

4.11.170

4.11.180

4.11.190

4.11.200

4.11.210

4.11.220

4.11.230

4.11.240

4.11.250
Chapter 4.11

FLOODPLAIN MANAGEMENT
Article l. Statutory Authorization, Findings of Fact, Purpose and Methods Statutory authorization.

Findings of fact.

Statement of purpose.

Methods of reducing flood losses.

Article II. Definitions
Definitions.

Article III. General Provisions
Lands to which this chapter applies.

Basis for establishing the areas of special flood hazard.

Compliance. .

Abrogation and greater restrictions.

Interpretation.

Warning and disclaimer of liability.

Severability.

Article IV. Administration
Establishment of development permit.

Designation of the Floodplain Administrator.

Duties and responsibilities of the Floodplain Administrator.

Appeals.

Article V. Provisions for Flood Hazard Reduction
Standards of construction.

Standards for utilities.

Standards for subdivisions.

Standards for manufactured homes.

Standards for recreational vehicles.

Floodways.

Nature of variances.

Appeal Board.

Conditions for variances.

Article VI. Variance Procedure
Article I. Statutory Authorization, Findings of Fact, Purpose and Methods

4.11.010 Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Newman does hereby adopt the following floodplain management regulations. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Newman City Code Page 28/84
Chapter 4.11 FLOODPLAIN MANAGEMENT
Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.020 Findings of fact.

A. The flood hazard areas of the City of Newman are subject to periodic inundation which results in loss oflife and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contributes to the flood loss. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and. streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Newman City Code Page 29/84
Chapter 4.11 FLOODPLAIN MANAGEMENT
Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 1.4, 9-12-2000; Ord. 95-1, 3-28-1995) Article II. Definitions

4.11.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel ofland on which it is located. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
"Alluvial fan" means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; ~nd velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "special flood hazard area (SFHA)." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Base flood" is the term used throughout this chapter. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

Building. See "structure."
"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, flood control projects, and other land-disturbing activities. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which tlte manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 29, 1978.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood," "flooding," or "flood water" means:

Newman City Code Page 30/84
Chapter 4.11 FLOODPLAIN MANAGEMENT

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway.
"Flood Hazard Boundary Map (FHBM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source . . See "flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1, TB 3, and TB 7 for guidelines on dry and wet floodproofing.)
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Also referred to as "regulatory floodway."
"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted when it is demonstrated that no rise in the BFE will occur. "Fraud and victimization" as related to Article VI, Variance Procedure, of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Newman City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

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Chapter 4.11 FLOODPLAIN MANAGEMENT
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include longterm storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Article VI, Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State in.ventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement").

I. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
a. The wet floodproofing standard in NCC 4. l l. l 70(C)(3); b. The anchoring standards in NCC 4. l l. l 70(A);
c. The construction materials and methods standards in NCC 4. l l .170(B); and d. The standards for utilities in NCC 4.11.180.

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Chapter 4.11 FLOODPLAIN MANAGEMENT

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement"). This prohibition includes below-grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Market value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge ofrelevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods:

1. Actual cash value (replacement cost depreciated for age and quality of construction);

2. Tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or

3. A qualified independent appraiser.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after September 29, 1978, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 29, 1978. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-Hundred-Year Flood or 100-Year Flood. See "base flood." "Public safety and nuisance" as related to Article VI, Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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Chapter 4.11 FLOODPLAIN MANAGEMENT
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See "area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, or AH. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage oscurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of an historic structure; provided, that the alteration will not preclude the structure's continued designation as an historic structure.
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that · would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

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"Water surface elevation" means the height, in relation to the North American Vertical Datum of 198'8 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur. (Ord. 2021-2 § 1, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 2.0, 9-12-2000; Ord. 95-1, 3-28-1995) Article III. General Provisions

4.11.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Newman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) or the Federal Emergency Management Agency (FEMA) in the initial Flood Insurance Study (FIS) dated March 1, 1978, and accompanying initial Flood Insurance Rate Maps (FIRMs) dated September 29, 1978, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City ofNewman by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 1162 Main Street, City Hall. (Ord. 2021-2 § 2, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2000-4 § 3.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Newman from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.3, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.4, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.5, 9-12-2000; Ord. 95- 1, 3-28-1995)
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4.11.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Newman, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; 0rd. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.6, 9-12-2000; Ord. 95- 1, 3-28-1995)

4.11.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 3.7, 9-12- 2000; Ord. 95-1, 3-28-1995)
Article IV. Administration

4.11.130 Establishment of development permit.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in NCC 4.11.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building comers and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory flood way; and B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawlspace foundation, location and total net area of foundation openings as required in NCC

4. l l. l 70(C)(3) and FEMA Technical Bulletins TB 1 and TB 7; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in NCC 4. l l.l 70(C)(2) and FEMA Technical Bulletin TB 3; and D. All appropriate certifications listed in NCC 4.1 l. l 50(D); and Newman City Code
Chapter 4.11 FLOODPLAIN MANAGEMENT
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

F. Validity of Permit. The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

G. Other Permits Required. The applicant shall obtain all other required State and Federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:

1. California Coastal Commission or certified local coastal program, if applicable, for activities subject to the coastal development permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).

2. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

H. Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated.

The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

I. Suspension or Revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community. (Ord. 2021-2 § 3, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.1 , 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.140 Designation of the Flood plain Administrator.

The City Manager or designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 4.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.150 Duties and responsibilities of the Floodplain Administrator.

A. Permit Review. Review all development permits to determine that:

1. Permit requirements of this chapter have been satisfied;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. Hydrologic and hydraulic analyses have been submitted to show that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

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5. Inspections, in General. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid. a. Inspections of Development Other Than Buildings and Structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
b. Inspections of Manufactured Homes Installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in NCC 4.11 .200 the Floodplain Administrator shall inspect the installation or have the installation inspected. c. Inspections of Buildings and Structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
i. Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.
ii. Final Inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.

B. Review, Use and Development of Other Base Flood Data.

1. Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to require one of the following:
a. Require the applicant to include base flood elevation data prepared by a qualified professional engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified professional engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. b. Obtain, review, and provide to applicants base flood elevation and floodway data available from a Federal or State agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a Federal or State agency or other source. c. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
i. Require the applicant to include base flood elevation data in accordance with subsection (B)(2) of this section; or
ii. Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.
d. Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified professional engineer in a Newman City Code Page 38/84
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format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

C. Notification of Other Agencies.

1. Alteration or Relocation of a Watercourse.
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation Changes Due to Physical Alterations. a. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits techni~al or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by NCC 4. l 1. l 70(C)( 1) (lowest floor elevations) and 4.11.200;

2. Certification required by NCC 4. l l. l 70(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by NCC 4. l l. l 70(C)(3) (wet floodproofing standard);

4. Certification of elevation required by NCC 4.11.190(8) (subdivision standards); and

5. Certification required by NCC 4. l l.220(A) (floodway encroachments).

E. Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI of this chapter.

F. Remedial Action. Take action to remedy violations of this chapter as specified in NCC 4.11.080. (Ord. 2021-2 § 4, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2000-4 § 4.3, 9-12-2000; Ord. 95-1, 3-28-1995) Newman City Code Page 39/84
Chapter 4.11 FLOODPLAIN MANAGEMENT

4.11.160 Appeals.

The City Council of the City of Newman shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att.

A), 6-10-2014; Ord. 2013-3 § l (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11- 27-2007; Ord. 2000-4 § 4.4, 9-12-2000; Ord. 95-1, 3-28-1995) Article V. Provisions for Flood Hazard Reduction

4.11.170 Standards of construction.

In all areas of special flood hazard, the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of NCC 4.11.200.

B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2 and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. If within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing. (See NCC 4.11.050 definitions for "basement," " lowest floor," "new construction," "substantial damage" and "substantial improvement.")

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO Zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet or elevated at least four feet above the highest adjacent grade if no depth number is specified.) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator and is required within six months of project completion, submittal of technical data to FEMA for a letter of map revision. b. In an A Zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in NCC 4. l l. l 50(B). (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator and is required within six months of project completion, submittal of technical data to FEMA for a letter of map revision.

Newman City Code Page 40/84
Chapter 4.11 FLOODPLAIN MANAGEMENT
c. In all other zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (C)(l) of this section or together with attendant utility and sanitary facilities:
a. Be floodproofed below the elevation recommended under subsection (C)(l) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1 and TB 7, and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of flood water; or b. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

4. Manufactured homes shall also meet the standards in NCC 4.11.200. (Ord. 2021-2 § 5, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.180 Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of flood waters into the systems; and

2. Discharge from the systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6- 10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2000-4 § 5.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.190 Standards for subdivisions.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

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Chapter 4.11 FLOODPLAIN MANAGEMENT
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

F. All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data. (Ord. 2019-5 §I (Att. A), 10-8-2019; Ord. 2016-4 §I (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § I (Att. A), 11-12-2013; Ord. 2010-7 § I (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.3, 9-12-2000; Ord. 95-1 , 3-28-1995)

4.11.200 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved, within Zones A I - 30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al - 30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (A) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § I (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 §I (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.4, 9-12- 2000; Ord. 95-1, 3-28-1995)

4.11.210 Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones Al - 30, AH, and AE on the community's Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions; or

2. Meet the permit requirements of Article IV of this chapter and the elevation and anchoring requirements for manufactured homes in NCC 4.l l.200(A). (Ord. 2019-5 §I (Att. A), 10-8-2019; Ord. 2016-4 §I (Att. A), 10- 11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § I (Att. A), 11-12-2013; Ord. 2010-7 § I (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.5, 9-12-2000; Ord. 95-1 , 3-28-1995) Newman City Code Page 42/84
Chapter 4.11 FLOODPLAIN MANAGEMENT

4.11.220 Flood ways.

Located within areas of special flood hazard established in NCC 4.11.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. If subsection (A) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this article. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 5.6, 9-12-2000; Ord. 95-1, 3-28-1995)
Article VI. Variance Procedure

4.11.230 Nature of variances.

A. The variance criteria set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.1, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.240 Appeal Board.

A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
Newman City Code Page 43/84
Chapter 4.11 FLOODPLAIN MANAGEMENT

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate ofrise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

B. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to ampunts as high as $25.00 for $100.00 of insurance coverage; and

2. Such construction below the base flood level increases risks to life and property. It is required that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Stanislaus County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 2021-2 § 6, 6-22-2021; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.2, 9-12-2000; Ord. 95-1, 3-28-1995)

4.11.250 Conditions for variances.

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures (as defined in NCC 4.11.050) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional hardship (as defined in NCC

4.11.050) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in NCC 4.11.050 - see "public safety and nuisance"), cause fraud or victimization (as defined in NCC 4.11.050) of the public, or conflict with existing local laws or ordinances.

Newman City Code Page 44/84
Chapter 4.11 FLOODPLAIN MANAGEMENT
F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (E) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

G. Upon consideration of the factors ofNCC 4. l l .240(A) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2014:-4 § 2 (Att. A), 6-10-2014; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2000-4 § 6.3, 9-12-2000; Ord. 95-1, 3-28-1995)
Newman City Code
Chapter 4.12 ADMINISTRATIVE CODE
Sections:

4.12.010

4.12.020

4.12.030

4.12.040

4.12.050

4.12.060
Purposes.

Adoption.

Definitions.

Interpretation and appeals.

Violations and penalties.

Validity.

4.12.010 Purposes.

Chapter 4.12

ADMINISTRATIVE CODE
The purposes of this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the City of Newman by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum ofrestrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016- 4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007- 10 § 1, 11-27-2007; Ord. 2002-18 § 1, 10-22-2002; Ord. 2002-7 § 1, 10-22-2002; Ord. 99-12 § 1, 3-23-1999; Ord. 90-15, 10-16-1990)

4.12.020 Adoption.

That certain document in book form entitled "California Administrative Code California Code of Regulations, ~ 2022 Edition of Title 24, Part l ," as approved and copyrighted by the International Code Council (ICC), 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001 and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the California Administrative Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-18 § 2, 10-22-2002; Ord. 2002-7 § 2, 10-22-2002; Ord. 99-12 § 2, 3-23-1999; Ord. 95-14, 12-19- 1995)

4.12.030 Definitions.

Wherever the following words appear in the California Administrative Code, they shall be deemed to mean:

A. "City'.' shall mean the incorporated area of the City of Newman.

B. "State" shall mean the State of California. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 3, 10-22-2002; Ord. 2002-7 § 3, 10-22-2002; Ord. 99-12 § 3, 3-23-1999; Ord. 90-15, 10-16-1990)

4.12.040 Interpretation and appeals.

In order to provide for a final interpretation of the provisions of this chapter and to hear appeals provided for hereunder, the City Council shall designate a Board of Appeals. Any person dissatisfied with any decision of the Administrative Official may appeal in writing to the Board of Appeals of the City of Newman, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Board and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Administrative Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- Newman City Code Page 46/84
Chapter 4.12 ADMINISTRATIVE CODE
2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 4, 10-22-2002; Ord. 2002-7 § 4, 10-22-2002; Ord. 99-12 § 4, 3-23-1999; Ord. 90-15, 10-16-1990)

4.12.050 Violations and penalties.

A. 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 of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

B. 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 $500.00, or by imprisonment for not more than 180 days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11- 27-2007; Ord. 2002-18 § 5, 10-22-2002; Ord. 2002-7 § 5, 10-22-2002; Ord. 99-12 § 5, 3-23-1999; Ord. 95-14, 12- 19-1995)

4.12.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att.

A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 6, 10-22- 2002; Ord. 2002-7 § 6, 10-22-2002; Ord. 99-12 § 6, 3-23-1999; Ord. 90-15, 10-16-1990) Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN
Chapter 4.13

THE HISTORIC BUILDING PRESERVATION OF THE CITY OF NEWMAN Sections:

Title.

Findings and purposes.

Area of application.

Ordinary maintenance and repair.

Definitions.

Architectural Review Committee.

Powers and duties of the Architectural Review Committee.

Criteria for historic designation.

4.13.010

4.13.020

4.13.030

4.13.040

4.13.050

4.13.060

4.13.070

4.13.080

4.13.090 Procedures for historic designation of homes not on the City of Newman local historic resources

4.13.100

4.13.110

4.13.120

4.13.130

4.13.140

4.13.150

4.13.160
inventory.

Zoning regulations.

Scope of alterations.

Alteration of an historic resource - Permit required.

Duty to keep in good repair.

Enforcement.

Penalties.

CEQA.

4.13.010 Title.

This chapter shall be known as the Historic Building Preservation of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.020 Findings and purposes.

A. Findings. It is hereby found that:

1. The City has many places, sites, buildings, and structures which possess special historic, architectural and cultural interest and value to the community and its citizens; and

2. There is great value in the protection and enhancement of such important places, sites, buildings, and structures which often necessitates appropriate and reasonable consideration upon their appearance and use; including their alteration and reuse, which preserves their unique character and economic value; and

3. The proper use of historic places, sites, buildings, and structures is essentially desirable to the community, but, because of their age, structural nature, or threats from modernization, require special considerations in regard to the applicability of present construction and zoning codes affecting any change in use or structural alteration which could have a negative effect on their unique and important character and economic value.

B. Purposes. The purpose of this chapter is to promote health, safety and general welfare of the citizens of the City through:

1. The protection, enhancement, and perpetuation of structures, sites and areas that are reminders of past eras, events and persons important to local, State or national history, or which provide significant examples of architectural styles of the past, or are elements in the history of architecture, or reflect the phases of the City's development, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.

2. The enhancement of tourism and the economy of the City by protecting and preserving places having special and unique character and interest.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

3. Support of the efforts of property owners to preserve, protect, and/or renovate historic and architecturally significant buildings/structures through financial incentive programs such as the Mills Act and the City's Downtown Facade Improvement Program and Housing Rehabilitation Program.

4. Fostering public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its past.

5. Allowing the use of the State Historic Building Code (SHBC) by declaring the importance of designated structures to Newman's history, architecture, and local culture. The SHBC provides an alternative to the California Building Code by recognizing the unique construction problems inherent in historical buildings while maintaining acceptable life safety standards.

6. Promoting the enhancement of property values, the stabilization and improvement of neighborhoods and areas of the City, and the increase of economic and financial benefits to the City and its inhabitants.

7. Contributing to the preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history - cultural, social, economic, political and architectural.

8. Promoting the public's awareness of the benefits of preservation including encouragement of public participation in identifying and preserving historical and architectural resources, thereby increasing community pride in the City's cultural heritage. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 96-8, 10-22-1996)

4.13.030 Area of application.

This chapter shall apply to all cultural and historical resources within the City as identified on the City of Newman's Inventory of Historic Resources. In addition, historic structures as defined herein shall include the exterior portions of any primary building and also related accessory structures of the same period construction but shall not apply to the interior of the designated structure. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.040 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on an historic resource that does not involve a change in design, material or appearance thereof. This chapter does not prevent the construction, reconstruction, restoration, demolition, or removal of any such feature when the Chief Building Official certifies to the Architectural Review Committee that such action is required for the public safety due to an unsafe condition which cannot be rectified through the uses of the State Historical Building Code and following of the California Health and Safety Code as the same exists or may hereafter be amended. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.050 Definitions.
"Alteration" means any change to or modification of an historic resource. "Architectural" means anything pertaining to the science, art or profession of designing and constructing buildings. "Architectural Review Committee" means the Committee established under this Code. "Culture" or "cultural" means anything pertaining to the concept, skills, habits, arts, instruments, or institutions of a given people at a given point in time.
"District" or "historic district" or "historic preservation area" means a geographically definable area within the City of Newman possessing a significant concentration, linkage, or continuity of historic resources and which has been so designated pursuant to this chapter.
"Historic resource" means a structure, natural feature, site or other artifact of architectural, artistic, cultural, engineering, aesthetic, archaeological, historical, political, or social significance to the citizens of the City of Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

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Newman, the State, or the Nation and formally designated by the City of Newman in accordance with the provisions of this chapter. A "historic resource" also includes a resource listed in the State and/or National Register of Historic Resources.
"Local historic resources inventory" means the inventory of historic resources (including structures of architectural, cultural and historical significance) located within the City of Newman. "Material change" means a change, as defined herein, in the design, material, or appearance of an exterior architectural feature in or on an historic resource.
"Natural feature" means any tree, plant life, geographical or geological site or feature. "Owner" means any person, association, partnership, firm, corporation or public entity appearing as the holder of title on any property as shown on the records of the County Assessor or on the last assessment roll of the County of Stanislaus, as applicable.
"Preservation" means the identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.
"Residentially used property" shall mean any owner-occupied building or structure, and accessory structures, located within an R District and used for single-family residential purposes, when used within the context of this chapter.
"Site" means a place or plot of land where something was, is or will be. "Structure" means a building or any other manmade object affixed on or under the ground. (Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att.

A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.060 Architectural Review Committee.

A. The City's Architectural Review Committee shall be the advisory agency for carrying out the duties and responsibilities identified under this chapter.

B. When appointing members to the Architectural Review Committee, the Council should strive to include a member from each of the following groups:

1. One Planning Commissioner;

2. One member of the Newman Historical Society;

3. One City resident at large;

4. One member of the business community and/or Chamber of Commerce; and

5. One professional in one or more of the following disciplines:
a. Architecture;
b. Architectural history;
c. Historical remodeling or reconstruction;
d. Historic archaeology;
e. Historical conservation; or
f. Related discipline to the extent such professionals are available in the community of Newman.

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C. At least one member of the Architectural Review Committee should be a licensed building contractor. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-3 § 4, 5-28-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.070 Powers and duties of the Architectural Review Committee.

The Architectural Review Committee shall have the following powers and duties:

A. Following formal notification to the property owner ofrecord, the designation of historic resources within the City.

B. Review design and/or building permit plans for construction, alteration, or demolition of designated historic resources.

C. Consult with and consider the general ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation.

D. View structures, sites and areas which it has reason to believe are worthy of preservation.

E. Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of property designated historic.

F. Consider methods other than those provided for in this chapter for encouraging and achieving historical or architectural preservation.

G. Conduct a review of the inventory of historic resources and update the inventory every two years or as deemed appropriate. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.080 Criteria for historic designation.

An historic resource structure is normally considered a structure of over 50 years of age as determined by the records of the Stanislaus County Assessor's Office. In considering a proposal for designation as an historic resource, the Architectural Review Committee shall apply a minimum of two of the following criteria:

A. Its character, interest or value as a significant part of the heritage of the City, the State or the Nation.

B. Its location as a site of a significant historic event.

C. Its identification with a person or persons who significantly contribute to the culture and development of the City, the State or the Nation.

D. Its exemplification of a particular architectural style or way of life.

E. Its exemplification of the best remaining architectural type in the City.

F. Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the City, the State or the Nation.

G. Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship.

H. Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource.

I. Its unique location or singular physical characteristics representing an established and familiar visual feature of the City.

J. Its potential of yielding significant information of archaeological interest.

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K. Its integrity as a natural feature that strongly contributes to the well-being of the people of the City, the State, or the Nation.

L. The Architectural Review Committee shall, in making its determination for historic resource designations, consider the above criteria and make the following findings:

1. The property, place, site, building, structure, or use has special local historical, architectural, archaeological, or cultural interest that embodies the character and history of the City;

2. The unique character and history of the City are reflected in the cultural, historical, economic and architectural heritage embodied in said property, place, site, building, structure or use which should be preserved as living parts of the community;

3. The property, place, site, building, structure or use is facing increasing pressures of modernization and may be threatened with demolition or decay;

4. The request for designation represents an area of special natural beauty and aesthetic interest, the preservation of which would enhance the economy of the City by promoting such areas as market draws or tourist attractions;

5. The property is listed on the National Register of Historic Places or any State or County official register of historical or architecturally significant sites, places, or landmarks or is to be listed on the City register of historically or architecturally significant sites, places, or landmarks;

6. The property owner ofrecord has been formally notified by certified U.S. mail that their property was being considered for designation as an historic resource and was provided with an opportunity to address the Committee regarding the merits of designation and that the property owner's comments were considered in the determination. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22- 1996)

4.13.090 Procedures for historic designation of homes not on the City of Newman local historic resources inventory.

A. Commercially Used Property. Upon its own application, or upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a commercially used historic resource, subject to appeal to the Planning Commission and the City Council.

B. Residentially Used Property. Upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a residentially used historic resource, subject to appeal to the Planning Commission and the City Council.

C. Designation Procedure. The procedure for designation of historic resources is as follows:

1. The application shall include the following data:
a. Assessor's parcel number of the site or legal description; b. Description detailing the proposed resource's special aesthetic, cultural, architectural, artistic, or engineering interest or value of an historic nature;
c. Sketches, drawings, photographs, or other descriptive materials; d. Statement of condition of structures;
e. Other material or information requested by the Architectural Review Committee.

2. Prior to approval or approval with modification, the Architectural Review Committee shall find:

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a. That the proposed structure, natural feature, site or district has significance as an historic resource; and b. That the proposed designation may be made without imposing an undue hardship upon the owner(s) of the property(ies); and
c. That approval or approval with modification(s) of the application is consistent with the purpose and criteria of this chapter.

3. The recommendation of the Architectural Review Committee, approved by at least three affirmative votes, shall be approved unless reversed by the Planning Commission or on appeal by the City Council.

4. Following approval of the designation, the Architectural Review Committee shall send to the owner(s) of the property(ies) so designated a letter outlining the basis for such designation, and the regulations resulting from such designation. The Architectural Review Committee may also forward a copy of the letter to any other department or agency requesting it or that the Architectural Review Committee considers affected by the designation.

5. Once designated, the property shall then be listed on the Inventory of Historic Resources. The inventory shall be reviewed by the Architectural Review Committee every two years.

6. Within 90 days of designation of a building or structure as an historic resource in accordance with the provisions of this chapter, a document shall be recorded by the City in the office of the Stanislaus County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this section authorizing the recordation.

7. For 24 months from the effective date of the ordinance codified in this chapter, all appeal fees attributable to the implementation of these provisions shall be paid by the City and/or the Newman Redevelopment Agency. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.100 Zoning regulations.

The provisions of this chapter are intended to complement and support the provisions of NCC 5.13.030. Where an historic resource is located within an H District, and the provisions of this chapter are more restrictive than the provisions of the H District, the provisions of this chapter shall apply. Similarly, although a building or structure is located within an H District, unless the building or structure is designated as an historic resource, the provisions of this chapter shall not apply to any proposed construction and such work shall be governed exclusively by the provisions of the H District, any underlying zoning or other building code or similar provisions. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.110 Scope of alterations.

A. Any replacement of elements of any structure in a manner which may become inconsistent with proposed regulations preserving the original construction of such structure is hereby limited. Structural elements regulated herein are defined as any exterior visible portion of the structure, including:

1. Roof;

2. Eaves;

3. Fascia and siding;

4. Masonry walls and supports;

5. Porches, landings, outside stairs;

6. Columns of walls;
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7. Windows and frames;

8. Auxiliary buildings;

9. Doors.

B. Except as otherwise provided in this chapter, no exterior alteration to any and/or all of the above-listed structural elements shall be carried out unless the Chief Building Official and/or the Architectural Review Committee has determined that the alteration utilizes materials in a manner compatible with the existing or original construction and design of the structure. (Ord~ 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.120 Alteration of an historic resource - Permit required.

Except as otherwise provided in this chapter:

A. No person shall carry out or cause to be carried out on an historic resource any material change through alteration, construction, or relocation, unless the applicant has secured the required building permit.

B. Any person who plans the demolition, construction, alteration, relocation or removal of an historic resource or part thereof shall first submit an application to the City. Copies of the plans for the proposed work shall accompany the application. As a minimum, the application and plans shall contain the following data:

1. A clear statement of the proposed work;

2. Plans describing the size, height and appearance of the proposed work and its relationship to adjacent structures;

3. A site plan showing all existing buildings and structures and the proposed work;

4. Reasons for demolition if demolition is proposed;

5. Other information deemed necessary by the City to properly evaluate the proposal.

C. Except as otherwise provided in this chapter, no permit for the demolition, exterior construction, or alteration, relocation or removal of an historic resource or part thereof shall be issued until such application has been reviewed and approved by the Architectural Review Committee.

D. In the case where a permit has been applied for and the property owner plans to alter (utilizing materials not compatible with existing or original materials), demolish, relocate or remove an historic resource, the following shall apply:

1. The Architectural Review Committee shall consider, among other things, the purpose of this chapter and the historic architectural value and significance of the historic resource, as well as present and prospective effects or hardships (economic, financial, or otherwise) upon the owners and occupants of the affected properties. The Architectural Review Committee shall take into consideration architectural features of the building or structure in question, other buildings within any Historic District, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's Guidelines for Rehabilitation shall provide base criteria for evaluating proposed alterations to an historic resource.

2. The Committee may approve, approve with modifications, or disapprove the application.

3. Prior to approval, or approval with modifications, the Architectural Review Committee shall find that:
a. The action proposed is consistent with the purposes of this chapter; and b. The action proposed will not be detrimental to a structure or feature of significance as an historic resource; and '
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c. The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property; or
d. The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship (economic, financial, or otherwise); and e. If the finding in subsection (D)(3)(a) of this section, and either finding in subsection (D)(3)(b), (c), or ( d) of this section, cannot be made, then the building permit shall be denied.

4. A final determination, along with the written findings, shall be rendered by the Architectural Review Committee within 45 calendar days of receipt of the application, unless extended by mutual consent of the owner and the Architectural Review Committee.

5. Action of the Architectural Review Committee shall be deemed final, unless appealed. No building permit shall be issued until the time period for appeal has expired. Such appeal by the applicant, owner, or any person or entity dissatisfied with the action of the Architectural Review Committee shall be filed with the City Clerk within 10 days of the date of approval, conditional approval, or disapproval by the Architectural Review Committee.

The appeal shall set forth specifically where the petitioner believes the Architectural Review Committee's findings to be in error, and shall be accompanied by such fees as established from time to time by resolution of the City Council (as per NCC 1.16.010). On appeal, the Planning Commission may grant or deny the appeal, conditionally grant the appeal, or refer the matter to the Architectural Review Committee for further consideration.

6. The provisions of this section shall not apply to the following:
a. Where an historic resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demolition of such structure, natural feature or site is being undertaken with prior approval of the City's Chief Building Official. b. Where hazardous conditions exist as determined by the Chief Building Official and said hazardous conditions must be corrected immediately in the interest of the public health, safety and welfare. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.130 Duty to keep in good repair.

The owner, occupant, or other person in actual charge of an historic resource, or part thereof, shall keep in good repair all of the exterior portions of such building(s), or structure(s), and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the Chief Building Official to enforce this section. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.140 Enforcement.

In addition to the regulations of this chapter, other parts of this Municipal Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the Chief Building Official shall have the authority to implement enforcement of this chapter by any of the following means:

A. Serve notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the historic resource.

B. Call upon the City Attorney to initiate any necessary legal proceedings for enforcement of this chapter, and the City Attorney is hereby authorized to institute any legal actions toward that end.

C. Call upon the Police Chief and/or other sworn police officer to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Newman City Code
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Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.150 Penalties.

Any person violating or failing to comply with the provisions of this chapter shall be guilty of a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.160 CEQA.

A. Pursuant to the California Environmental Quality Act (CEQA), this chapter is exempt under the provision of Section 15061 (B)(3), known as the "general or common sense" rule exemption. This section of the guidelines provides that where it can be seen with certainty that an action will not have a significant effect on the environment, it is exempt from CEQA.

B. In addition, this chapter is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines, because it is a regulatory action taken by the City in the exercise of its authority pursuant to Government Code Section 65858, to assure completion of a contemplated change to City standards which the City is studying, revising and contemplating adopting within a reasonable period of time. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)
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Chapter 4.14 SOLAR ENERGY CODE
Chapter 4.14

SOLAR ENERGY CODE
(Repealed by Ord. 2013-3)
Newman City Code
Chapter 4.15 HISTORICAL BUILDING CODE
Sections:

4.15.010

4.15.020

4.15.030

4.15.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.15.010 Adoption.

Chapter 4.15

HISTORICAL BUILDING CODE

That certain document in book form entitled "California Historical Building Code,~ 2022 Edition of Title 24 Part 8," including the Appendices thereof, as approved and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of historic buildings, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Historical Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 1, 10-22-2002)

4.15.020 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 2, 10-22-2002)

4.15.030 Penalties.

Section 8-104.4 of the California Historical Building Code is hereby amended to read as follows:

Section 8-104.4 Violation and Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 §I (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 3, 10-22-2002)
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4.15.040 Board of Appeals.

Section 8-104.3 of the California Historical Building Code is hereby added to read as follows:

Section 8-104.3 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 4, 10-22-2002)

Newman City Code
Chapter 4.16 EXISTING BUILDING CODE
Sections:

4.16.010

4.16.020

4.16.030

4.16.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.16.010 Adoption.

Chapter 4.16

EXISTING BUILDING CODE

That certain document in book form entitled "California Existing Building Code, 20-1-9.2022 Edition of Title 24 Part 1 O," including Chapter 1, Division II, Scope and Administration, and the Appendices thereof, based on the 2018 International Existing Building Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 604 78, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Existing Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 1, 10-22-2002)

4.16.020 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 2, 10-22-2002)

4.16.030 Penalties.

Section Al 13.4 of the California Existing Building Code is hereby added to read as follows:

Section Al 13.4 Violation and Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 3, 10-22-2002)
Newman City Code
Chapter 4.16 EXISTING BUILDING CODE

4.16.040 Board of Appeals.

Section Al 12.4 of the California Existing Building Code is hereby added to read as follows:

Section A 112.4 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8.,.2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 4, 10-22-2002)

Newman City Code
Chapter 4.17 ENERGY CODE
Sections:

4.17.010

4.17.020

4.17.030

4.17.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.17.010 Adoption.

Chapter 4.17

ENERGY CODE
That certain document in book form entitled "California Energy Code, W-1-9 2022 Edition of Title 24 Part 6," including the Appendices thereof, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of energy-efficient equipment, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Energy Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § l (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 1, 10-22-2002)

4.17.020 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 2, 10-22-2002)

4.17.030 Penalties.

The following section is hereby added to the California Energy Code to read as follows:

Violation and Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 3, 10-22-2002)
Newman City Code
Chapter 4.17 ENERGY CODE

4.17.040 Board of Appeals.

The following section is hereby added to the California Energy Code to read as follows:

Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 4, 10-22-2002)

Newman City Code
Chapter 4.18 ELEVATOR SAFETY CONSTRUCTION
CODE
Chapter 4.18

ELEV ATOR SAFETY CONSTRUCTION CODE
(Repealed by Ord. 2016-4)

Newman City Code
Chapter 4.19 REFERENCE ST AND ARD CODE
Sections:

4.19.010

4.19.020

4.19.030

4.19.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.19.010 Adoption.

Chapter 4.19

REFERENCE STANDARD CODE

That certain document in book form entitled "California Reference Standard Code, 2-0+9 2022 Edition of Title 24 Part 12," including the Appendices thereof, as approved and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Reference Standard Code of the City ofNewman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-19 § 1, 10-22-2002)

4.19.020 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 2, 10-22-2002)

4.19.030 Penalties.

The following section is hereby added to the California Reference Standard .Code to read as follows:

Violation and Penalties.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 3, 10-22-2002)

4.19.040 Board of Appeals.

The following section is hereby added to the California Reference Standard Code to read as follows:

Newman City Code
Chapter 4.19 REFERENCE STANDARD CODE
Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 4, 10-22-2002)

Newman City Code
Chapter 4.20 RESIDENTIAL CODE
Sections:

4.20.010

4.20.020

4.20.030

4.20.040

4.20.050

4.20.060

4.20.070
Purposes.

Adoption.

Definitions.

Violations and penalties.

Validity.

Board of Appeals.

Amendments.

4.20.010 Purposes.

Chapter 4.20

RESIDENTIAL CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City ofNewm~n; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010)

4.20.020 Adoption.

Those certain documents in book form entitled "California Residential Code -±-0-l-9 2022 Edition of Title 24 Part

2.5," and including Chapter 1, Division II, Administration, and all the Appendix Chapters with exception to Appendix AL - Permit Fees, based on the 2-0-1-8 2021 International Residential Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, one copy of which document is now on file in the Building Department of the City ofNewman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as the "California Residential Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

B. The term "Building Official" shall include the term "Chief Building Official," and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency, and his or her deputies or designees. (Ord. 2019-5 §I (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-l l-20I6; Ord. 2013-3 §I (Att. A), l l-12-20I3; Ord. 2010-7 §I (Att. A), 10-I2-2010)

4.20.040 Violations and penalties.

Sections RI 13 .1 and R 113 .4 of the California Residential Code as set forth in said Code are omitted, but in lieu thereof new Sections Rl 13.I and RI 13.4 are added to read as follows:

Section RI 13. I Unlawful acts:

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 of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Section RI I3.4 Violation penalties:

Newman City Code
Chapter 4.20 RESIDENTIAL 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 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 $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 20I9-5 § I (Att. A), I0-8-20I9; Ord. 20I6-4 § I (Att. A), 10-I I-20I6; Ord. 2013-3 § I (Att. A), I I-I2-20I3; Ord. 20I0-7 § I (Att. A), 10-I2-2010)

4.20.050 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 20I9-5 §I (Att. A), 10-8-20I9; Ord. 20I6-4 §I (Att. A), 10-I I-20I6; Ord. 2013-3 § 1 (Att.

A), I I-12-20I3; Ord. 2010-7 § I (Att. A), 10-12-2010)

4.20.060 Board of Appeals.

Section RI I2.5 of the California Residential Code is hereby added to read as follows:

Section RI 12.5 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 20I9-5 §I (Att. A), I0-8-20I9; Ord. 20I6-4 § 1 (Att. A), 10-I I-2016; Ord. 2013-3 §I (Att. A), l l-I2-2013; Ord. 2010-7 § I (Att. A), 10-I2-2010)

4.20.070 Amendments.

Section R3 l 9. I of the California Residential Code is hereby amended by adding the following subsection:

R3 I 9 .1.2 Address Illumination.

Addressing shall be illuminated at night in all new buildings. Address signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles. Internally illuminated signs shall provide equivalent luminance.
(Ord. 2019-5 § 1 (Att. A), 10-8-20I9; Ord. 20I6-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-I2-2010) Newman City Code
Chapter 4.21 GREEN CODE
Sections:

4.21.010

4.21.020

4.21.030

4.21.040

4.21.050

4.21.060
Purposes.

Adoption.

Definitions.

Violations and penalties.

Validity.

Board of Appeals.

4.21.010 Purposes.

Chapter 4.21

GREEN CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum ofrestrictive enforcement and a maximum of good building information and encouragement; by enhancing the design and construction of buildings through the use of building concepts having and encouraging sustainable construction practices in the following categories:

A. Planning and design;
B. Energy efficiency;
C. Water efficiency and conservation;
D. Material conservation and resource efficiency;
E. Environmental quality. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.020 Adoption.

Those certain documents in book form entitled "California Green Code 'CALGreen' -2Q-l-9 2022 Edition of Title 24 Part 11," as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, one copy of which document is now on file in the Building Department of the City of Newman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as the "California Green Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank. · B. The term "Building Official" shall include the term "Chief Building Official," and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency, and his or her deputies ordesignees. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.040 Violations and penalties.

Section 114.4 of the California Building Code, Part 2 as set forth in said Code is omitted, but in lieu thereof a new Section 114.4 is added to read as follows:

Newman City Code
Chapter 4.21 GREEN CODE
Section 114.4.

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 of Newman, 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 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 $500 or by imprisonment for not more than one hundred eighty ( 180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.050 Validity.