Newman City Council
November 8, 2022

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING NOVEMBER 8, 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.

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 25, 2022 Meeting. (View Minutes) d. Adopt Resolution No. 2022- , A Resolution Declaring Certain Parcels (648 Mariposa Street - APNs 026-026-17 AND 026-026-18) As Surplus Under The Surplus Land Act. (View Report)

9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2022- , Amending Title 4 Building Regulations Of The Newman Municipal Code Incorporating The California Code Of Regulations Title 24, 2022 Edition Of The California Building Standards Code And Authorizing Staff To Publish A Summary Of Said Ordinance. (View Report)

10. Regular Business
a. First Reading And Introduction Of Ordinance No. 2022- , Amending Title 7 Fire Regulations Of The Newman Municipal Code And Adopting By Reference, The California Code Of Regulations Title 24, Part 9, 2022 Edition Of The California Fire Code. (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
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.

AP Check Register
October 19, 2022 through November 1, 2022
1 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Animal Care Equipment & Services, LLC 10-21-6210 $ 191.36 121478 10/27/2022 Litter Pans $ 191.36 121478 Total
Aramark 10-21-6200 $ 124.50 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 10-22-6200 $ 77.37 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 10-07-6200 $ 107.00 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 60-50-6200 $ 215.86 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 10-33-6200 $ 215.86 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 63-56-6200 $ 143.91 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
Aramark 10-44-6200 $ 143.91 121479 10/27/2022 Uniform Cleaning/Mat Rental/Shop Towels/ September
2022
$ 1,028.41 121479 Total
AT&T 10-07-6420 $ 22.67 121481 10/27/2022 Landlines 9-13-22 ·to 10-12-22 AT&T 10-14-6200 $ 8.11 121481 10/27/2022 Alarm 9-13-22 to 10-12-22 AT&T 10-21-6420 $ 390.74 121481 10/27/2022 Circuit Line Between Fresno St to Ceres 9-13-22 to 10-12-22
AT&T 63-56-6420 $ 69.90 121481 10/27/2022 Landlines 9-13-22 ·to 10-12-22 AT&T 63-56-6200 $ 8.10 121481 10/27/2022 Alarm 9-13-22 to 10-12-22 AT&T 10-21-6420 $ 25.03 121481 10/27/2022 Landlines 9-13-22 ·to 10-12-22 AT&T 60-50-6200 $ 8.10 121481 10/27/2022 Alarm 9-13-22 to 10-12-22 AT&T 10-14-6420 $ 69.91 121481 10/27/2022 Landlines 9-13-22 ·to 10-12-22 $ 602.56 121481 Total
AT&T MOBILITY 10-02-6420 $ 19.97 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-03-6420 $ 76.11 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-07-6420 $ 23.22 121480 10/27/2022 Cell Phone Use 9-03-22 to

10-02-22
AT&T MOBILITY 73-70-6420 $ 11.36 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 22-20-6420 $ 9.29 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-06-6420 $ 61.54 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-44-6420 $ 96.60 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 69-47-6420 $ 83.12 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-33-6420 $ 101.25 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 63-56-6420 $ 416.82 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-22-6420 $ 205.68 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 60-50-6420 $ 388.42 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-21-6420 $ 617.67 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
AT&T MOBILITY 10-45-6420 $ 32.51 121480 10/27/2022 Cell Phone Use 9-03-22 to 10-02-22
$ 2,143.56 121480 Total
Axon Enterprise, Inc 10-21-7105 $ 21,868.06 121482 10/27/2022 Body Cameras, Digital Evidence Storage
$ 21,868.06 121482 Total
Azevedo Adam 60-50-6230 $ 1,997.50 121497 10/27/2022 Raking & Baling of Front 55 @WWTP
$ 1,997.50 121497 Total

AP Check Register
October 19, 2022 through November 1, 2022
2 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Badger Meter 63-56-6350 $ 4,649.42 121483 10/27/2022 Brass Meters $ 4,649.42 121483 Total
Baker Dorothy June 10-44-6300 $ 74.41 121484 10/27/2022 Edger Repairs $ 74.41 121484 Total
Bayer Corey 10-21-6695 $ 75.00 121485 10/27/2022 POST Training Per Diem/ Bayer
$ 75.00 121485 Total
Behavior Training Analysis, Inc 10-21-6695 $ 1,150.00 121486 10/27/2022 POST Training Interview & lnterrogation/ Jantzen, Bayer
$ 1,150.00 121486 Total
BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 51.88 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 146.88 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 51.87 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-44-6700 $ 51.87 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 61.88 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 61.88 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 31.88 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 61.87 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 86.99 121487 10/27/2022 Pest Control Services/City Hall/1162 Main/ September 2022
$ 607.00 121487 Total
Bowen Keith 10-22-6690 $ 125.00 121488 10/27/2022 Reimbursement for Training/ Bowen $ 125.00 121488 Total
Bowen Trista 10-22-6690 $ 100.00 121489 10/27/2022 Reimbursement for Fire Inspector Certification/ Bowen $ 100.00 121489 Total
BUSINESS CARD 10-21-6200 $ 10.00 121490 10/27/2022 Scheduling Software BUSINESS CARD 10-21-6695 $ 704.35 121490 10/27/2022 Hotel Stay/ Jantzen $ 714.35 121490 Total
Caetano JIm 10-00-2841 $ 80.00 121491 10/27/2022 Sherman Park Rental Deposit

Refund/ Caetano
$ 80.00 121491 Total
CAL TRAFFIC SIGNS 10-33-6300 $ 845.32 121492 10/27/2022 Street Signs CAL TRAFFIC SIGNS 10-44-6300 $ 52.02 121492 10/27/2022 Street Signs $ 897.34 121492 Total
CALIF BUILDING STANDARDS 10-00-5310 $ (25.70) 121493 10/27/2022 S81473 Fees July-September 2022
CALIF BUILDING STANDARDS 10-00-2620 $ 257.00 121493 10/27/2022 S81473 Fees July-September 2022
$ 231.30 121493 Total
Carmean Robert 10-33-6235 $ 45.00 121494 10/27/2022 Reimbursement for Class A License Exam/ Carmean Carmean Robert 69-47-6235 $ 44.00 121494 10/27/2022 Reimbursement for Class A License Exam/ Carmean $ 89.00 121494 Total
COMCAST CABLE 10-21-6200 $ 67.13 121495 10/27/2022 High speed internet/PD COMCAST CABLE 63-56-6200 $ 67.16 121495 10/27/2022 High speed internet/water COMCAST CABLE 10-21-6420 $ 153.42 121495 10/27/2022 High Speed Internet 10-6-22 lo 11-5-22 /PD

AP Check Register
October 19, 2022 through November 1, 2022
3 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description COMCAST CABLE 60-50-6200 $ 67.13 121495 10/27/2022 High speed internet/sewer $ 354.84 121495 Total
CSG Consultants, Inc 10-23-6215 $ 1,073.00 121496 10/27/2022 Building Permit Issuance/ Streaming 2022
CSG Consultants, Inc 10-23-6215 $ 6,698.00 121496 10/27/2022 Building Services September 2022
$ 7,771.00 121496 Total
Del Puerto Health Care District 10-22-6235 $ 140.00 121498 10/27/2022 Pre-employment Physical/ Stokes
$ 140.00 121498 Total
DEPART. OF CONSERVATION 10-00-5310 $ (43.11) 121499 10/27/2022 Strong Motion Fees July-September
2022
DEPART. OF CONSERVATION 10-00-2605 $ 862.26 121499 10/27/2022 Strong Motion Fees July-September
2022
$ 819.15 121499 Total
Ditch Witch Central California 63-56-6225 $ 93.08 121500 10/27/2022 Ditch Witch Repairs Ditch Witch Central California 60-50-6225 $ 93.08 121500 10/27/2022 Ditch Witch Repairs $ 186.16 121500 Total
Dittos 10-21-6600 $ 77.67 121501 10/27/2022 Vinyl Banner Dittos 10-21-6600 $ 125.14 121501 10/27/2022 Now Hiring Flyers $ 202.81 121501 Total
Division of the State Architect 29-00-2601 $ 2,224.00 121502 10/27/2022 AB 1379 Fees Payable/July-September
2022
Division of the State Architect 10-00-5095 $ (2,001.60) 121502 10/27/2022 AB 1379 Fees Payable/July-September
2022
$ 222.40 121502 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 121503 10/27/2022 Pro Oxidizer $ 3,900.00 121503 Total
Estrada Adrian 10-00-2840 $ 43.47 121504 10/27/2022 Memorial Building Rental Deposit Refund Minus $256.53/ Estrada
$ 43.47 121504 Total
Everything Glass & Mirror 10-07-6200 $ 288.83 121505 10/27/2022 New Windows at Police Department Everything Glass & Mirror 10-07-6200 $ 55.00 121505 10/27/2022 New Windows at Museum $ 343.83 121505 Total
Frank B. Marks & Sons, Inc 63-56-6300 $ 94.49 121506 10/27/2022 3/4 AB Class 2 Frank B. Marks & Sons, Inc 63-56-6300 $ 281.81 121506 10/27/2022 3/4 AB Class 2 Frank B. Marks & Sons, Inc 10-33-6300 $ 94.48 121506 10/27/2022 3/4 AB Class 2 $ 470.78 121506 Total
Freeman Marcus 10-21-6695 $ 69.00 121507 10/27/2022 Tactical Med for K9 Training Per Diem/ Freeman $ 69.00 121507 Total
Gallagher Gatewood 10-14-6205 $ 1,333.34 121508 10/27/2022 Srvcs Performed on Agreed Upon for GASS 68 Reporting
FY 22-23
Gallagher Gatewood 63-56-6205 $ 1,333.33 121508 10/27/2022 Srvcs Performed on Agreed Upon for GASS 68 Reporting
FY 22-23
Gallagher Gatewood 60-50-6205 $ 1,333.33 121508 10/27/2022 Srvcs Performed on Agreed Upon for GASS 68 Reporting
FY 22-23
$ 4,000.00 121508 Total
Garcia Armando 24-32-7727 $ 9,177.00 121550 10/27/2022 Concrete Removal and Installation $ 9,177.00 121550 Total
GARTON TRACTOR 10-44-6300 $ 912.93 121509 10/27/2022 Mower Repairs

AP Check Register
October 19, 2022 through November 1, 2022
4 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 912.93 121509 Total
Gouveia Engineering, Inc 64-56-7521 $ 7,386.00 121510 10/27/2022 Project 525.09 Inyo Canal School Utility Improvements
Gouveia Engineering, Inc 10-31-6200 $ 454.13 121510 10/27/2022 Project 585. 11 Arco Site Plan Gouveia Engineering, Inc 10-31-6200 $ 133.88 121510 10/27/2022 Project 585.05 1035 T St Con Observation
Gouveia Engineering, Inc 17-36-7779 $ 150.00 121510 10/27/2022 Project 555.05 Newman Wetlands Gouveia Engineering, Inc 10-31-6200 $ 7,382.81 121510 10/27/2022 Project 580.04 Mattos Ranch Phase 1
Con Observation
Gouveia Engineering, Inc 63-56-6200 $ 1,254.00 121510 10/27/2022 Project 540.01 Water General Gouveia Engineering, Inc 61-55-7521 $ 11,079.00 121510 10/27/2022 Project 525.09 Inyo Canal School Utility Improvements
Gouveia Engineering, Inc 28-33-7715 $ 315.00 121510 10/27/2022 Project 545. 16D 2020 SBI Gouveia Engineering, Inc 18-32-7739 $ 1,483.75 121510 10/27/2022 Project 525.02 STPL-5172 (024) Highway 33/ Inyo
Gouveia Engineering, Inc 10-31-6200 $ 423.94 121510 10/27/2022 Project 525.01 Public .works General
Gouveia Engineering, Inc 17-36-7780 $ 2,220.00 121510 10/27/2022 Project 555.04 2.4 NEWS Gouveia Engineering, Inc 10-31-6200 $ 2,465.25 121510 10/27/2022 Project 575.17 Mattos Ranch Basin Review
Gouveia Engineering, Inc 10-31-6200 $ 60.38 121510 10/27/2022 Project 575.16 Pometta Parcel Map
Gouveia Engineering, Inc 18-56-7771 $ 1,729.88 121510 10/27/2022 Project 525. 12 Jensen Rd Utilities Gouveia Engineering, Inc 10-31-6200 $ 78.75 121510 10/27/2022 Project 520.01 Planning General Gouveia Engineering, Inc 18-32-7768 $ 583.22 121510 10/27/2022 Project 545.070 STPL-5172 (026) Inyo Canal School
Gouveia Engineering, Inc 17-36-7780 $ 11,317.14 121510 10/27/2022 Project 555.04 2.4 NEWS Gouveia Engineering, Inc 24-32-7780 $ 996.32 121510 10/27/2022 Project 545.16C-CM CML-5172(032) Kern St Bike/
Ped
$ 49,513.45 121510 Total
GRAINGER 60-50-6300 $ 49.56 121512 10/27/2022 Bushing, Plugs, Screw Pins $ 49.56 121512 Total
HOLLAND (NT) MICHAEL 10-01-6620 $ 45.52 121513 10/27/2022 Reimbursement forLunch/ Holland $ 45.52 121513 Total
Industrial Electrical Company 63-56-6200 $ 1,084.61 121514 10/27/2022 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,720.86 121514 10/27/2022 Generator Repairs Industrial Electrical Company 60-50-6225 $ 1,152.79 121514 10/27/2022 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,903.94 121514 10/27/2022 Generator Repairs Industrial Electrical Company 10-07-6200 $ 935.20 121514 10/27/2022 Generator Repairs Industrial Electrical Company 63-56-6200 $ 1,087.91 121514 10/27/2022 Generator Repairs $ 7,885.31 121514 Total
Jantzen Colby 10-21-6695 $ 75.00 121515 10/27/2022 POST Training Per Diem/ Jantzen
$ 75.00 121515 Total
JG Nurseries LLC 69-47-6300 $ 343.02 121516 10/27/2022 Trees JG Nurseries LLC 69-47-6300 $ 19.40 121516 10/27/2022 Tree Stakes $ 362.42 121516 Total
Lamas Veronica 10-00-2840 $ 300.00 121519 10/27/2022 Memorial Building Rental Deposit Refund/ Lamas
$ 300.00 121519 Total
Ledezma Patricia 10-00-2840 $ 300.00 121520 10/27/2022 Memorial Building Rental Deposit Refund/ Ledezma

AP Check Register
October 19, 2022 through November 1, 2022
5 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 300.00 121520 Total
Lopez Nattali 10-00-2840 $ 300.00 121521 10/27/2022 Memorial Building Rental Deposit Refund/ Lopez
$ 300.00 121521 Total
McKesson Medical-Surgical 10-22-6300 $ 146.45 121522 10/27/2022 Test Strips, Lancets, Cervical Collars $ 146.45 121522 Total
Mendoza Alicia 10-45-6739 $ 252.04 121523 10/27/2022 Reimbursement for Teen Center Snack Bar/ Mendoza Mendoza Alicia 10-45-6739 $ 16.98 121523 10/27/2022 Reimbursement for Teen Center Snack Bar/ Mendoza Mendoza Alicia 10-45-6690 $ 86.23 121523 10/27/2022 Reimbursement for Gas/ Mendoza Mendoza Alicia 10-45-6739 $ 709.76 121523 10/27/2022 Reimbursement for Soccer Snack Bar Supplies/ Mendoza Mendoza Alicia 10-45-6739 $ 149.96 121523 10/27/2022 Reimbursement for Soccer Snack Bar Supplies/ Mendoza Mendoza Alicia 10-45-6300 $ 8.69 121523 10/27/2022 Reimbursement for Teen Center Supplies/ Mendoza
$ 1,223.66 121523 Total
Merced County Tax Collector 60-50-6680 $ 11,939.90 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 11,429.34 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 1,627.22 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 2,745.46 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 87.58 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 881.32 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 559.48 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 780.24 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 7,756.58 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 1,068.40 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 4,452.48 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 1,751.46 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 Merced County Tax Collector 60-50-6680 $ 2,710.64 121524 10/27/2022 Property Tax 7-1-22 to 6-30-23 $ 47,790.10 121524 Total
MID VALLEY IT, INC 60-50-7105 $ 4,619.87 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 60-50-6200 $ 1,275.60 121525 10/27/2022 IT CONTRACT/SEWR MID VALLEY IT, INC 10-14-6200 $ 1,275.60 121525 10/27/2022 IT CONTRACT/FIN MID VALLEY IT, INC 10-33-7105 $ 2,495.00 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 10-07-7105 $ 188.00 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 10-21-7105 $ 16,992.94 121525 10/27/2022 New Computers/ PD MID VALLEY IT, INC 10-06-7105 $ 1,125.00 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 69-47-7105 $ 1,876.00 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 10-44-7105 $ 2,494.00 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 10-21-6200 $ 2,551.20 121525 10/27/2022 IT CONTRACT/PD MID VALLEY IT, INC 63-56-7105 $ 418.86 121525 10/27/2022 New Computers/ PW, City Hall MID VALLEY IT, INC 63-56-6200 $ 1,275.60 121525 10/27/2022 IT CONTRACT/WATR $ 36,587.67 121525 Total

AP Check Register
October 19, 2022 through November 1, 2022
6 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description One Step GPS LLC 60-50-6200 $ 153.45 121526 10/27/2022 GPS Fleet Tracking Software One Step GPS LLC 10-21-6200 $ 139.50 121526 10/27/2022 GPS Fleet Tracking Software One Step GPS LLC 63-56-6205 $ 153.45 121526 10/27/2022 GPS Fleet Tracking Software One Step GPS LLC 10-22-6200 $ 55.80 121526 10/27/2022 GPS Fleet Tracking Software $ 502.20 121526 Total
OSNER GEORGE 10-00-2519 $ 432.00 121527 10/27/2022 Planning Services Argiana Project August-September 2022
$ 432.00 121527 Total
Otis Elevator Company 10-07-6200 $ 6,125.00 121528 10/27/2022 Repair on Elevator $ 6,125.00 121528 Total
P G & E 10-33-6510 $ 542.94 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
P G & E 60-50-6410 $ 36.92 121532 10/27/2022 Electrical Charges for Solar Meter @WWTP 9-9-22 to 10-9-22
P G & E 10-07-6410 $ 634.64 121532 10/27/2022 Electrical Charges for Solar Meter @WWTP 9-6-22 to 10-5-22
P G & E 60-50-6510 $ 67.87 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
P G & E 63-56-6510 $ 67.87 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
P G & E 60-50-6410 $ 634.63 121532 10/27/2022 Electrical Charges for Solar Meter @WWTP 9-6-22 to 10-5-22
P G & E 63-56-6410 $ 634.63 121532 10/27/2022 Electrical Charges for Solar Meter @WWTP 9-6-22 to 10-5-22
P G & E 10-44-6510 $ 271.47 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
P G & E 69-47-6510 $ 339.34 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
P G & E 10-21-6510 $ 67.87 121532 10/27/2022 NaturalGas Pumped @ CNG Fueling Station 9-10-22 to
10-10-22
$ 3,298.18 121532 Total
Pacheco Ricardo 10-00-2841 $ 20.00 121529 10/27/2022 Pioneer Park Rental Deposit Refund/ Pacheco
$ 20.00 121529 Total
PACIFIC WATER RESOURCES 60-50-6225 $ 1,669.76 121530 10/27/2022 Vac Pump Repair Kits, Domes $ 1,669.76 121530 Total
Pernsteiner & Sons Fabrication 10-22-6530 $ 205.00 121531 10/27/2022 Bracket $ 205.00 121531 Total
Public Agency Coalition Enterprise 10-00-2260 $ 21,763.05 121517 10/27/2022 Health Insurance Premium/ November
2022
$ 21,763.05 121517 Total
Public Agency Coalition Enterprise 10-00-2260 $ 19,525.45 121518 10/27/2022 Health Insurance Premium/ November
2022
$ 19,525.45 121518 Total
Redtail Consulting 17-36-7780 $ 3,897.50 121533 10/27/2022 Project #603 .CNP.21 NEWS Project Resource Agency
Permitting
$ 3,897.50 121533 Total
Rick Engineering Company 17-36-7780 $ 7,183.34 121534 10/27/2022 Project C18529-C00 Newman Design Prop 1
Rick Engineering Company 17-36-7780 $ 37,451.30 121534 10/27/2022 Project C18529-C00 Newman Design Prop 1
Rick Engineering Company 17-36-7780 $ 9,518.16 121534 10/27/2022 Project C18529-C00 Newman Design Prop 1
$ 54,152.80 121534 Total
Sierra Medical Services Alliance 10-22-6690 $ 20.00 121535 10/27/2022 Heartsaver First Aid $ 20.00 121535 Total
Smart Source LLC Grandflow Division 10-14-6300 $ 274.79 121511 10/27/2022 AP Checks

AP Check Register
October 19, 2022 through November 1, 2022
7 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Smart Source LLC Grandflow Division 63-56-6300 $ 274.78 121511 10/27/2022 AP Checks Smart Source LLC Grandflow Division 60-50-6300 $ 274.79 121511 10/27/2022 AP Checks $ 824.36 121511 Total
Solar Integrated Fund III 60-50-6410 $ 14,748.43 121536 10/27/2022 Solar Production Period 7-1 -22 to
7-31-22
$ 14,748.43 121536 Total
Solar Integrated Fund III 60-50-6410 $ 10,583.82 121537 10/27/2022 Solar Production Period 9-1 -22 to
9-30-22
$ 10,583.82 121537 Total
Spiess Construction Company, Inc 63-56-6200 $ 5,400.00 121538 10/27/2022 Tank Wash & Clean Out $ 5,400.00 121538 Total
STAN COUNTY SHERIFF'S REG 10-21-6695 $ 913.00 121544 10/27/2022 POST STOP Training/ Williams

$ 913.00 121544 Total
Stanislaus County Auditor-Controller 10-00-2600 $ 35,950.00 121541 10/27/2022 County Impact Fees Payable/Jul-Sep 2022
Stanislaus County Auditor-Controller 10-22-6615 $ 9,454.25 121541 10/27/2022 911 Fire Dispatch Services October-December 2022
Stanislaus County Auditor-Controller 10-00-5310 $ (359.50) 121541 10/27/2022 County Impact Fees Payable/Jul-Sep 2022
$ 45,044.75 121541 Total
Stanislaus County Office of Emergency Services 10-22-6200 $ 224.00 121542 10/27/2022 CE Provider Renewal/ Coelho $ 224.00 121542 Total
Stanislaus County Tax Collector 69-47-6680 $ 12.74 121539 10/27/2022 2022-2023 Property Taxes/ Sherman Parkway
Stanislaus County Tax Collector 60-50-6680 $ 20,548.54 121539 10/27/2022 2022-2023 Property Taxes/ Hills Ferry Rd
$ 20,561.28 121539 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7120 $ 15,471.00 121545 10/27/2022 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 3,240.50 121545 10/27/2022 Project# 184031496 Prince Rd Sewer
Capacity Improvements
STANTEC CONSULTING SERVICE, Inc 18-50-7772 $ 989.50 121545 10/27/2022 Project# 184031690 Prince Rd Sanitary Sewer Relief
$ 19,701.00 121545 Total
STAPLES ADVANTAGE 69-47-6300 $ 32.66 121543 10/27/2022 Planners STAPLES ADVANTAGE 10-06-6300 $ 14.01 121543 10/27/2022 Planners STAPLES ADVANTAGE 10-33-6300 $ 45.96 121543 10/27/2022 Planners STAPLES ADVANTAGE 60-50-6300 $ 32.22 121543 10/27/2022 Planners STAPLES ADVANTAGE 10-44-6300 $ 18.75 121543 10/27/2022 Flags, Flag Dispenser STAPLES ADVANTAGE 60-50-6300 $ 18.76 121543 10/27/2022 Flags, Flag Dispenser STAPLES ADVANTAGE 10-07-6300 $ 7.01 121543 10/27/2022 Planners STAPLES ADVANTAGE 63-56-6300 $ 77.77 121543 10/27/2022 Planners STAPLES ADVANTAGE 10-21-6300 $ 134.99 121543 10/27/2022 Coffee, Coffee Cups, Paper, Post Its STAPLES ADVANTAGE 10-44-6300 $ 14.58 121543 10/27/2022 Planners $ 396.71 121543 Total
State of Calif Dept of Justice 10-00-2014 $ 1,348.00 121540 10/27/2022 Fingerprint Apps/FBl/Child Abuse Index
$ 1,348.00 121540 Total
Thomas Darla Ann 17-36-7780 $ 3,675.00 121546 10/27/2022 Prop 1 News Grant Thomas Darla Ann 60-50-6200 $ 1,662.50 121546 10/27/2022 Parks LWCF Grant

AP Check Register
October 19, 2022 through November 1, 2022
8 of 8
Vendor Fund-Dept-Acct Amount Check # Check date Description Thomas Darla Ann 63-56-6200 $ 1,662.50 121546 10/27/2022 Parks LWCF Grant $ 7,000.00 121546 Total
True Blue Veterinary Group 10-21-6208 $ 436.50 121547 10/27/2022 Catch & Release Program October 2022
$ 436.50 121547 Total
USA BLUEBOOK 63-56-6300 $ 215.70 121548 10/27/2022 Wrenches $ 215.70 121548 Total
Westside Connect 63-56-6600 $ 40.00 121549 10/27/2022 Single Box Ad Westside Connect 10-01-6600 $ 40.00 121549 10/27/2022 Single Box Ad Westside Connect 10-21-6300 $ 214.74 121549 10/27/2022 Envelopes Westside Connect 10-22-6300 $ 80.91 121549 10/27/2022 Business Card/ Bowen Westside Connect 60-50-6600 $ 40.00 121549 10/27/2022 Single Box Ad $ 415.65 121549 Total
WESTSIDE THEATER FOUNDATI 10-07-7105 $ 42,779.30 121551 10/27/2022 Reimbursement for Half Cost of Repair on Neon Sign @ Theater
$ 42,779.30 121551 Total
Wex Bank 69-47-6500 $ 114.09 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 10-07-6500 $ 113.69 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 60-50-6500 $ 912.36 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 63-56-6500 $ 1,223.92 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 10-44-6500 $ 135.94 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 10-33-6500 $ 357.62 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 10-21-6500 $ 4,604.54 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
Wex Bank 10-22-6500 $ 1,645.69 121552 10/27/2022 Gas and Diesel Purchases 9-16-22 to 10-15-22
$ 9,107.85 121552 Total
White Brenner, LLP 63-56-6200 $ 508.30 121553 10/27/2022 Professional Srvcs Rendered Through Sep 2022 Cal Sport v
De
White Brenner, LLP 10-15-6200 $ 2,676.52 121553 10/27/2022 Through Sep 2022 General

Municipal
White Brenner, LLP 10-15-6200 $ 311.60 121553 10/27/2022 Professional Srvcs Rendered Through Sep 2022 HR
White Brenner, LLP 10-15-6200 $ 162.00 121553 10/27/2022 Professional Srvcs Rendered Through Sep 2022 PD
$ 3,658.42 121553 Total
Williams Ashley 10-21-6695 $ 60.00 121554 10/27/2022 POST Training Per Diem/ Williams
$ 60.00 121554 Total
$ 504,846.49 Grand Total

MINUTES

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 - Mayor Graham 7:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Mayor Graham.

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

ABSENT: McDonald.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters
a. Proclamation – Lights On Afterschool Day.

Mayor Graham Read And Presented A Proclamation Declaring Thursday, October 27, 2022 As Lights On Afterschool Day In The City Of Newman.

Alysonn Cassidy, Director Of Beyond The Bell Program For The Newman Crows Landing School District, Thanked The City Of Newman For The Recognition Of The Local After School Programs.

Cassidy Invited Everyone To Attend The Lights On Afterschool Day Open House On Thursday, October 27th From 3:30 P.M. To 4:30 P.M.

Mayor Graham Thanked Alysonn Cassidy And Noted That He Recognizes The Value Of The After School Programs And How Important They Are To The Community.

7. Items from the Public - Non-Agenda Items –
Amber Rose, 818 Tivoli Drive, Inquired About Existing And Future Local Programs And Activities For Local Senior Citizens.

Mayor Graham Mentioned That RoseLee Hurst Was A Good Resource Regarding Local Senior Programs Available Within The City Of Newman.

RoseLee Hurst, 1447 Q Street, Thanked Council For Their Donation And Support Of The Wreaths Across America Project. Hurst Provided A Brief Review Of Some Of The Programs Available For The Local Seniors. She Mentioned That The West Side Senior Awareness Committee In Conjunction With Newman Partnership Would Again Be Making Holiday Meal Bags For Local Seniors And Presented City Council With A Letter Asking For A Donation From The City Of Newman To Help Fund The Aforementioned Senior Meal Bags.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The October 11, 2022 Meeting.

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

9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2022-02, 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.

Mayor Graham Opened The Public Hearing At 7:11 P.M.

Amber Rose, 818 Tivoli, Asked If Citizens Would Be Subject To Fines If They Were To Provide Food To Persons Camping.

Mayor Graham Shared That The Issue Was More About The Excessive Property That Is Donated, Accumulates And Then Gets Left Behind.

City Attorney Varinsky Pointed Out That The Ordinance Does Not Prohibit Citizens From Giving Someone Food. Varinsky Explained That The Ordinance Only Prohibits Giving Food To Someone That Was Camping Unlawfully As Defined In The Ordinance And Who Has Set Up An Establishment On Public Property.

There Being No Further Public Comment, Graham Closed The Public Hearing At 7:14 P.M.

ACTION: On A Motion By Ball Seconded By Pimentel, Ordinance No. 2022-02, 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 Staff Was Authorized To Publish A Summary Of Said Ordinance, By The Following Vote: AYES: Ball, Pimentel And Mayor Graham; NOES: None; ABSENT: McDonald; NOT PARTICIPATING: None.

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.

Mike Brinkman, City Of Newman Contract Building Official, Explained That The Building Code Was Updated Every Three Years And Noted That There Were Not Many Significant Changes To Said Code. Brinkman Highlighted A Few Of The Changes And Noted That The Automatic Permit Expiration Had Been Increased From Six To Twelve Months, That A New Age In-Place Design Had Been Incorporated And That There Were New Electric Vehicle Charging Requirements For Hotels And Multifamily Dwellings.

ACTION: On A Motion By Pimentel Seconded By Ball, Ordinance No. 2022-02, 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, Was Introduced By Council Member Pimentel And Had Its First Reading By Title Only, By The Following Vote: AYES: Ball, Pimentel And Mayor Graham; NOES: None; ABSENT: McDonald; NOT PARTICIPATING: None.
b. Adopt Resolution No. 2022-54, 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.

ACTION: On A Motion By Pimentel Seconded By Ball, Resolution No. 2022-54, 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, Was Adopted By The Following Vote: AYES: Ball, Pimentel And Mayor Graham; NOES: None; ABSENT: McDonald; NOT PARTICIPATING: None.
c. Selection Of Areas For A Second Measure “L” Project.

Council Member Ball Inquired About The Timeline For The Stanislaus Street Repair Project.

Public Works Director Reyes Reported That The Stanislaus Street Project Was Fully Funded And Currently In The Design Phase. Reyes Stated That Said Project Would Likely Be Constructed In The Summer Of 2023.

City Manager Holland Noted That The City Would Have A Traffic Engineer Consider Any Warranted Traffic Calming Measures On Stanislaus Street.

Mayor Graham Asked If There Would Be Any Repairs Done To Area Four In The Immediate Future.

Public Works Director Reyes Explained That Staff Would Fill Potholes In That Area.

Mayor Graham Stated That He Understood That Area Four Would Be Included In A Future Project But Noted That Said Area Was A Heavily Traveled Area Because Of The Junior High School.

City Manager Holland Mentioned That The City Would Need To Do A Study Of Area Four To Address The Drainage Issues In Said Area Before Paving.

RoseLee Hurst, 1447 Q Street, Asked If There Was A Designated Height For Placement Of Stop Signs.

Hurst Mentioned That Some Of The Signs Appear To Be Higher And More Difficult To See Because Of Trees Obstructing The View Of Said Signs.

Public Works Director Reyes Noted That All The Stop Signs Were Set At An Appropriate Height But Reyes Asked To Please Let Her Know About Any Obstructed Views So That Better Tree Management Could Be Done.

Council Member Pimentel Stated That “L” Street Was In A More Industrial Area That Primarily Facilitates Heavy Truck Traffic.

City Manager Holland Noted That He Recognizes That “L” Street Had A Limited Amount Of NonBusiness Related Traffic But Pointed Out That The Condition Of The Road Was Poor And Without A Funding Source, It Behooves The City To Make The Investment Now.

Council Member Ball Clarified That Staff Was Asking The Council To Approve Three Project Areas.

City Manager Holland Noted That Staff Prepared The Five Areas They Thought Should Be Considered But Noted That The Council May Have Other Areas They Would Like Staff To Review.

Mayor Graham Stated That He Thought Most Of The Problem Areas Were Being Addressed. He Pointed Out That The Council Needed To Choose Three Of The Five Proposed Areas. Mayor Graham Asked If Some Of The CDBG Funds Were Utilized, Would There Be Any Extra Available Funds For Additional Areas.

Public Works Director Reyes Explained That CDBG Funding Could Only Be Utilized In Income Level Qualified Areas.

ACTION: On A Motion By Ball Seconded By Pimentel, The City Council Selected Areas One, Two And Three For A Second Measure “L” Project By The Following Roll Call Vote: AYES: Ball, Pimentel And Mayor Graham; NOES: None; ABSENT: McDonald; NOT PARTICIPATING: None.

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

12. Items From The City Manager And Staff.

City Manager Holland Reported That There Had Been An Advertisement Placed In The Local Paper Inviting The Community To The City Council Meeting For Their Input On Measure “L” Projects.

Holland Pointed Out That The City’s Roads Were Improving Because Of Measure “L” Funding. He Emphasized His Excitement For The NEWS Project And Mentioned That The Land Was Purchased In 2013 With A Vision And Thanked Staff For Continuing To Push The Project Forward. Holland Mentioned That After The Completion Of The NEWS Project The City Would Host A Ribbon Cutting Event. He Pointed Out That The City Would Be Awarding The Wetlands Restoration Project In January. Holland Provided An Update On The Nature Park And Explained That The City Was Still Soliciting Funds For The Two Million Dollar Grant Match. He Noted That Staff Would Be Meeting With The Executive Director Of StanCOG To Discuss The City’s Proposed Measure “L” Projects And Additional Funding For Local Road Maintenance. Holland Reported That He Anticipated Escrow To Close On The Ninety-Six Acre Land Purchase Within The Next Week. He Concluded By Noting That There Would Be A Meeting Regarding Phase Two Design Of The Plaza On The Following Evening.

Recreation Director/Community Liaison Mendoza Reported That Friday, October 28th Would Be The Last Farmers Market Event Of The Season And Noted That There Would Be A Pet Costume Contest At Said Farmers Market Event. Mendoza Mentioned That The Youth Soccer Season Would Conclude On Saturday, October 29th. She Concluded Reporting That Registration For The Youth Basketball Program Was Currently Underway At The Teen Center.

Chief Richardson Reminded Everyone That Monday, October 31st Was Halloween And Encouraged Everyone To Drive Safely And Be Aware Of Pedestrians. Richardson Mentioned That The Police Department Would Be Starting Their Tickets For Tots Campaign On November 1st.

Finance Director Humphries Reported That The Auditors Had Given Him Clearance To Resume Production Of The Treasure’s Reports.

Public Works Director Reyes Noted That The Plaza And Veterans Memorial Workshop Would Take Place On The Following Evening And Indicated That They Were Seeking Community Input Regarding The Project. Reyes Reported That There Would Be A Free Shredding Event At 712 Fresno Street On November 5th. She Pointed Out That The Leaf And Brush Pickup Program Would Begin On November 1st And Conclude On March 31st. Reyes Reminded Everyone To Keep Their Gutters Clear To Allow For Water To Drain From City Streets. She Stated That The Prince Road Sewer Capacity Project Would Begin Soon And Be Under Construction For Approximately Two Months.

City Manager Holland Reported That The NEWS Project Bids Had Come In Higher Than Expected But Staff Was Able To Accrue Another $1.8 Million Dollars In State Funds. Holland Mentioned That The City Was Slated To Receive Approximately $8.3 Million Dollars In Grant Funds And Commended The Project Team For Securing Those Funds For The Project.

13. Items From City Council Members.

Council Member Ball Thanked Citizen Amber Rose For Her Input Regarding The Website.

Council Member Pimentel Encouraged Everyone To Get The Updated COVID-19 Vaccine.

Mayor Graham Thanked Staff For All Their Hard Work On The NEWS Project And Thanked Amber Rose For Attending The Council Meeting. Graham Concluded By Encouraging Everyone To Have A Safe Halloween.

14. Adjournment.

ACTION: On A Motion By Ball Seconded By Pimentel And Unanimously Carried, The Meeting Was Adjourned At 8:01 P.M.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.

City Council Meeting
of November 8, 2022
DECLARATION OF CERTAIN PARCELS (648 MARIPOSA STREET-APNs 026-026-17 And 026-026-18) AS SURPLUS UNDER THE SURPLUS LAND ACT
RECOMMENDATION:

Adopt Resolution No. 2022- , declaring certain parcels (648 Mariposa Street-APNs 026-026-017 and 026-026-018) as surplus under the Surplus Land Act.

BACKGROUND:

In 1996 the City purchased two parcels of land from Delta National Bank totaling ten acres in size. The purpose of the property was to create a community park on the property. Over the years, the City has evaluated the possibility of creating a park and a baseball/softball complex on the site. However, each time the cost has been prohibited due to the lack of infrastructure and a substandard road way that lacks secondary access.

In December 2020, the City Council approved a Master Plan and CEQA document for the Newman Community Conservation Area ("NCCA") that is located on a 78-acre parcel at the southeast comer of Canal School Road and Inyo A venue. The NCCA is comprised of four separate and distinct projects that are linked together with a comprehensive trail system. The four projects are Newman Environmental Wetlands System (NEWS), an 11-acre seasonal wetland, riparian, and greenhouse gas restoration project, a 20-acre constructed wetlands project in partnership with UC Merced, and a nature park in the southeastemmost section of the property.

The NEWS project and the wetland restoration project have both received grant funding for construction and are moving forward. The City has received a $2.017 million Land and Water Conservation Fund grant for the nature park. Unfortunately, the grant requires the to provide an equal $2.017 million match to construct the $4.035 million project.

ANALYSIS:

In 2019, the California Legislature passed the AB 1486, known as the Surplus Land Act. This act prescribes a process and the requirements for the disposal of surplus land by a local agency. This bill requires a local agency disposing of surplus land to send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability. If the City receives a notice from an entity desiring to purchase or lease the land, the City would enter into good faith negotiations. If the City does not receive a notice, they are free to dispose of the property in a manner the Council determines is appropriate or choose not to dispose of the property. This declaration does not commit or require the City to sell the property. Should the Council find a willing buyer and negotiate acceptable price and terms, a separate item would be brought back to the Council at a future date.

FISCAL IMPACT:

No impact. The City would utilize existing staff time to prepare and send out the notice.

CONCLUSION:

The Surplus Land Act prescribes a process and the requirements for the disposal of surplus land by a local agency.

In an effort to raise funding to support the construction of the Nature Park at the Newman Community Conservation Area, staff is recommending the City Council declare the Mariposa Street properties as surplus to gauge if there is a party interested in purchasing the ten acres. If the City does not receive notification of an interested party, they are free to dispose of the properties in a manner they determine appropriate. Staff recommends the Council approve Resolution No. 2022- , declaring certain parcels (648 Mariposa Street - APNs 026-026-017 and 026-026-018) as surplus under the Surplus Land Act.

ATTACHMENTS:

1. Resolution No. 2022- , declaring certain parcels 648 Mariposa Street - APNs 026-026-017 and 026-026- 018) as surplus under the Surplus Land Act.

Respectfully Submitted,
Michael E. Holland
City Manager
RESOLUTION NO. 2022-

A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWMAN DECLARING CERTAIN PARCELS (648 MARIPOSA STREET-APNs 026-026-17 AND 026-026-18) AS SURPLUS

UNDER THE SURPLUS LAND ACT
WHEREAS, prior to selling surplus land owned by the City of Newman ("City") the City must follow the procedures of the Surplus Land Act at Government Code section 54220 et seq. (the "Surplus Land Act"); and.

WHEREAS, The Surplus Land Act requires that the City provide certain designated entities with first opportunity to express interest in City-owned surplus land; and WHEREAS, the City purchased ten (10) acres (648 W Mariposa) from Delta National Bank in 1996 for use as a community park site; and
WHEREAS, the costs associated with developing the ten-acre park site make it infeasible to move forward with its development; and
WHEREAS, the City believes the sale of the property will generate revenues that could be used for other recreational opportunities; and
WHEREAS, prior to _the City selling parcels to any party, the City must first declare those parcels as "surplus land" or "exempt surplus land" and follow the procedures of the Surplus Land Act: and WHEREAS, declaration of surplus land does not constitute approval of the actual sale of the parcels; and
WHEREAS, City staff has commenced compliance with the Surplus Land Act for the parcels (APNs 026-260-17 & 18) declared surplus by this Resolution.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City ofNewman hereby declares:

1. The City Council of the City of Newman hereby finds that the following parcels, as further described in the parcel map attached hereto as Exhibit A, are not necessary for agency use and are declared surplus pursuant to the Surplus Land Act:
a. APN 026-026-017
b. APN 026-026-018

2. The City Council hereby authorizes the City Manager or his appointee to send written notices of the availability for the surplus parcels to the designated entities specified in Government Code section 54222, to negotiate the terms of a proposed sale with any designated entity that receives said notice, and to otherwise follow the procedure of the Surplus Land Act.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the gth day of November, 2022 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

ATTEST:

Mike Maier,
City Clerk of the City ofNewman,
County of Stanislaus, State of California
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California

THIS MAP FOR ASSESSMENT

PURPOSES ONLY
FROM: 26-26
DRAWN : 6-12-78
REVISED: 8-14-90, 6-27-19 (G) DB

EXHBIT A
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GIDDINGS TRACT (07M13)
PORTION CITY OF NEWMAN BLOCK 111 (08M51)
8 --i-::-114 1/4 COR. 50' ORESTIMBA RD. 55'

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

City Council Meeting
ofNovember 8, 2022
SECOND READING AND ADOPTION 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:

1. Conduct Public Hearing

2. Conduct Second Reading of 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.

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

BACKGROUND:

The model building codes are updated every three years. This allows for the codes to improve and adjust to the newest materials, methods of construction and technological advances in the industry. On October 25, 2022, the City Council was presented with and subsequently held the first reading and introduction of this Ordinance.

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 first and foremost while implementing the most efficient technology available to conserve the state's natural resources and energy use.

California's building code is applied to virtually every commercial and residential structure in the state.

The new 2022 California Building Standards Code contains thirteen ( 13) 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.

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. If these codes are not 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. As part of the adoption process, this Department has made every effort to notify all affected parties of the proposed changes.

FISCAL IMPACT:

None.

CONCLUSION:

Staff recommends council adopt the proposed ordinance amending Title 4 Building Regulations of the Newman Municipal Code and authorize staff to publish a summary of said Ordinance.

ATTACHMENTS:

1. Ordinance No. 2022-

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

Respectfully
~
Submitted,
REVIEWED/CONCUR:

Mike Brinkman
Chief Building Official
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 ofNewman 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 of Newman held on the 25th day of October, 2022 by Council Member Pimentel, and adopted at a regular meeting of said City Council held on the 8th 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 of Newman,
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 ofrestrictive enforcement and a maximum of good building information and encouragement. (Ord. 2019-5 § I (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 - ±Q.-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 G P - Emergency Housing based on the W-l-8 2021 International Building 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 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 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. 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 BUILDrNG 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 Jl 13 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 2-0-M California Building Code is hereby amended by adding the following subsection:
502.1.2 Add~ess 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 § l (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 § 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 § l (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~ 113.5 of the California Building Code is hereby added to read as follows:

Section~ 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.J-9 2022 Edition of Title 24 Part 5," including Chapter 1, Division II, Administration, and the Appendices thereof, based on the ;w.+& 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 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. 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 of Newman 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.+-9 2022 Edition of Title 24 Part 3," based on the ±-0-.J:-+ 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 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. 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 l 00 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 l 00 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 ofnot 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.

B. 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 co.st. 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.

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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 Chief of 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 Public 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 4.0:S.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 comer 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 §I (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 shall 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 ifthe 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)
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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 8 uilding Officials, 5 3 60 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 of Newman.

8. "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 ofNewman 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 th is 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)
Newman 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 stc;i.ndards to safeguard life, 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. 2002-13 § 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 -2-0-1--9 2022 Edition of Title 24 Part 4," including Chapter 1, Division II, Administration, and the Appendix thereof, based on the Wl-82021 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 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; 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. 2002-13 § 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, l 0-22-2002; 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 § l (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 4.11 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

4.11.140

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 I. 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 of life 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 of land 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; and 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 "I 00-year flood"). "Base flood" is the term used throughout this chapter. "Basement" means any area of the building having its floor sub grade - 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 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 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."
"Flood way fringe" is that area of the floodplain on either. side of the "regulatory flood way" 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 inventory 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").

1. 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. l 70(B); and d. The standards for utilities in NCC 4.11.180.

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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) ofland 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 of relevant 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 occurred.
"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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Chapter 4.11 FLOODPLAIN MANAGEMENT
"Water surface elevation" means the height, in relation to the North American Vertical Datum of 1988 (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 of Newman 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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Chapter 4.11 FLOODPLAIN MANAGEMENT

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; 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 § 3.6, 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. l 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 Floodplain 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 technical 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 4.11.170(C)(l) (lowest floor elevations) and 4.11.200;

2. Certification required by NCC 4.11. l 70(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by NCC 4.11.170(C)(3) (wet floodproofing standard);

4. Certification of elevation required by NCC 4.1 l.190(B) (subdivision standards); and

5. Certification required by NCC 4.11.220(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 § 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 § 4.4, 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 .150(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 § 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 § 5.3, 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 1 - 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 § 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 § 5.4, 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 § 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 § 5.5, 9-12-2000; Ord. 95-1 , 3-28-1995) Newman City Code Page 42/84
Chapter 4.11 FLOODPLAIN MANAGEMENT

4.11.220 Floodways.

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.

8. 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 amounts 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 of NCC 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 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. 2002-18 § 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, 2-0+-9 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 §I (Att. A), 10-12-2010; Ord. 2007-10§1,i1-27- 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
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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 of record, 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 ofreceipt 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, ;w.l-9 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 § l, 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 § 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 § 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, 2-0-1-9 2022 Edition of Title 24 Part 10," 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 60478, 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 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 § I (Att. A), 10-8-2019; Ord. 2016-4 § I (Att. A), 10-11- 2016; 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. 2002-15 § 1, I 0-22-2002)

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 § I (Att. A), I 0-8- 2019; Ord. 2016-4 § I (Att. A), 10-11-2016; 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. 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 A 113 .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 §I (Att. A), 10-8-2019; Ord. 2016-4 §I (Att. A), 10-11-2016; 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. 2002-15 § 3, 10-22-2002)
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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 §I (Att. A), 10-8-2019; Ord. 2016-4 §I (Att. A), 10-11-2016; 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. 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.-l-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 § 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 § 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 § l (Att. A), l 0-8- 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
Chapter4.18 ELEVATOR SAFETY CONSTRUCTION
CODE
Chapter 4.18

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

Newman City Code
Chapter 4.19 REFERENCE STANDARD 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, ;wl-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 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; 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 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. 2002-19 § 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 ST AND ARD 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, I 0-22-2002)

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 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)

4.20.020 Adoption.

Those certain documents in book form entitled "California Residential Code - 2-0-1--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 ;w+& 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 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 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 § 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-I2-20IO)

4.20.040 Violations and penalties.

Sections R 113 .1 and R 113 .4 of the California Residential Code as set forth in said Code are omitted, but in lieu thereof new Sections RI 13.1 and RI 13.4 are added to read as follows:

Section Rl 13.1 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 13.4 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. 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)

4.20.050 Validity.

The City Council of the City ofNewman 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)

4.20.060 Board of Appeals.

Section RI 12.5 of the California Residential Code is hereby added to read as follows:

Section Rl 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. 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)

4.20.070 Amendments.

Section R319.1 of the California Residential Code is hereby amended by adding the following subsection:

R3 19 .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 § I (Att. A), 10-12-2010) 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 of restrictive 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' - ±Q.l9 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 of Newman. (Ord. 2019-5 §I (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 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)

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.

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)

4.21.060 Board of Appeals.

Section 113 of the California Building Code, Part 2 is hereby added to read as follows:

Section 113 .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) Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS
Sections:

4.22.010

4.22.020

4.22.030

4.22.040

4.22.010
Chapter 4.22

SAFETY ASSESSMENT PLACARDS
Intent.

Application of provisions.

Definitions.

Placards.

Intent.

This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. This chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (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)

4.22.020 Application of provisions.

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Newman. The City Council may extend the provisions as necessary. (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)

4.22.030 Definitions.
"Safety assessment" is a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy. (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)

4.22.040 Placards.

A. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached.

1. "INSPECTED - Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. "RESTRICTED USE" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form ofrestriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. "UNSAFE - Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

B. This ordinance number, the name of the jurisdiction and its address and phone number shall be permanently affixed to each placard.

C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS

INSPECTED

LAWFUL OCCUPANCY PERMITTED
This structure has been inspected (as indicated below) and no apparent structural hazard has been found.

[ ] Inspected Exterior Only (Caution: Aftershocks since inspection may increase damage and risk)
[ ] Inspected Exterior and Interior This facility was inspected under emergency conditions by:

Report any unsafe condition to local authorities;
re-inspection may be required.

Inspector comments:

Facility Name and Address:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on GREEN colored paper)
Newman City Code Page 72/84
Chapter 4.22 SAFETY ASSESSMENT PLACARDS

RESTRICTED USE
Caution: This structure has been inspected and
found to be damaged as described below:

Entry, occupancy and lawful use are restricted as
Indicated below:

Facility Name and Address:
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under einergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on YELLOW colored paper)
Newman City Code Page 73/84
Chapter 4.22 SAFETY ASSESSMENT PLACARDS
UNSAFE

DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
This structure has been inspected, found to be
seriously damaged and is unsafe to occupy, as
described below:

Do not enter, except as specifically authorized
in writing by jurisdiction. Entry may result in
death or injury.

Facility Name and Address:
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on RED colored paper)
(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 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES
Chapter 4.23

SMALL RESIDENTIAL ROOFTOP SOLAR PERMITTING PROCEDURES
Sections:

4.23.010

4.23.020

4.23.030

4.23.040
Purpose.

Definitions.

Permitting process.

Inspection process.

4.23.010 Purpose.

Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10- 11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.020 Definitions.
"Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The internet;

3. Facsimile.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision ( c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.030 Permitting process.

The expedited, streamlined permitting process for small residential rooftop solar energy systems shall comply with the applicable requirements contained in this title, Building Regulations, and all of the following:

A. The Department shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

B. The checklist and required permitting documentation shall be published on a publicly accessible internet website.

C. As allowed by available resources, the Department shall allow for electronic submittal of a permit application and associated documentation and shall allow electronic signature in lieu of a wet signature.

Newman City Code
Chapter 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES

D. Upon confirmation by the Department that the application and supporting documentation are complete and meet all requirements of the California Building Standards Code, the Department shall approve the application and issue all required permits. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.040 Inspection process.

Small residential rooftop solar energy systems eligible for expedited, streamlined permitting process shall only require one inspection, unless the installation is found to be out of compliance with the California Building Standards Code or a separate fire safety inspection is required. Inspection requests shall be made in compliance with this title, Building Regulations. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)
Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

STATION PERMITTING PROCEDURES
Chapter 4.24

ELECTRIC VEHICLE CHARGING STATION PERMITTING PROCEDURES Sections:

4.24.010

4.24.020

4.24.030

4.24.040

4.24.050

4.24.060

4.24.070
Purpose.

Definitions.

Checklist.

Expedited building permit process for electric vehicle charging stations.

Electronic submission.

Installation.

Technical review.

4.24.010 Purpose.

The City seeks to encourage the use of fuel-efficient electric vehicles by streamlining the process for obtaining a building permit for electric car charging stations. Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, every city, county, or city and county, with a population less than 200,000, shall adopt an ordinance creating an expedited, streamlined permitting process for electric vehicle charging stations. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.020 Definitions.
"CEC" means California Code of Regulations, Title 24, Part 3, also known as the California Electrical Code. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the CEC, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. "Electronic submittal" means the utilization of one or more of the following: email; the internet; facsimile. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.030 Checklist.

A. The City Building Official shall adopt a checklist of all requirements for an expedited building permit application for electric vehicle charging stations. The checklist shall substantially conform to the checklist and standard plans contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research.

B. The checklist, application form, and any other documents required by the City Building Official shall be published on the City's website. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.040 Expedited building permit process for electric vehicle charging stations.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety, and building occupants.

Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment; and vehicle parking.

B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the City Building Official that the permit application and supporting documents meet the requirements of the City-adopted checklist, and are consistent with all applicable laws, and health and safety standards, the City Building Official shall approve the application and issue Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

ST A TION PERMITTING PROCEDURES

all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City.

C. If the application for an expedited building permit is incomplete, the City Building Official shall provide a written correction notice of the deficiencies and the additional information required to be eligible for expedited building permit issuance.

D. The City Building Official shall not condition the approval for any electric vehicle charging station permit on the approval by an association, as that term is defined by California Civil Code Section 4080. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.050 Electronic submission.

The City Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting permit applications, the City Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.060 Installation.

A. Electric vehicle charging station equipment shall meet the requirements of the CEC, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 of the CEC, and all applicable provisions under California Code of Regulations, Title 24, Part 3.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the CEC. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.070 Technical review.

This chapter aims to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the City Building Official's authority to address higher priority life-safety situations. If the City Building Official finds, based on substantial evidence, that an electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)
Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS
Sections:

4.25.010

4.25.020

4.25.030

4.25.040

4.25.050

4.25.060

4.25.070

4.25.080

4.25.090

4.25.100

4.25.110

4.25.120

4.25.130

4.25.140

4.25.150

4.25.160
Chapter 4.25

UNIVERSAL DESIGN FOR RESIDENTIAL DWELLINGS
Purpose.

Findings.

Definitions.

Scope and application.

Exemptions.

Standards - Primary entrance.

Standards - Interior routes.

Standards - Primary floor powder room/bathroom entry and facilities.

Standards - Kitchen and facilities.

Standards - Common use room.

Standards - Bedroom.

Standards - Miscellaneous areas.

Standards - General components.

Standards - New construction - Permissive options.

Enforcement.

Purchaser opt-out option.

4.25.010 Purpose.

A. The purpose of the design guidelines established by this chapter is to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences or physical abilities.

B. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein have made necessary the adoption of a universal design standard for dwellings in order to adequately safeguard life, health, property, and general welfare.

C. The purpose of this chapter is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this chapter. (Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)

4.25.020 Findings.

A. Pursuant to Health and Safety Code Section 17959, the City Council of the City ofNewman hereby finds that the provisions of this chapter are reasonably necessary because, according to the City's Certified Housing Element, approximately 23 percent of the City's residents have physical conditions that affect their abilities to live independently. Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living.

8. The City Council of the City of Newman hereby finds that the provisions of this chapter are reasonably necessary to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences and functional abilities.

C. Pursuant to Health and Safety Code Section 17959, the City Council of the City of Newman hereby finds that the provisions of this chapter are substantially the same as the model universal design local ordinance adopted by the Department of Housing and Community Development. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12- 2019)

4.25.030 Definitions.
"Accessible" means as consistent with or as defined by the California Building Code, Chapter l lA.

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Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

"ANSI Al 17.1" means the most current version of the "Standard on Accessible and Usable Buildings and Facilities," commonly known as "ICC/ANSI Al 17.1," published by the International Code Council and the American National Standards Institute, Inc.
"Bathroom" means a room containing a water closet (toilet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.
"CBC, Chapter 1 lA" means Chapter 1 lA of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.
"Common use room" means a room commonly used by residents or guests to congregate. "Condominium" means as defined by the California Building Code. "Custom-built home" means a single-family detached dwelling that is built to the owner's specifications and not part of a master plan check.
"Dwelling unit" means as defined by the California Building Code. "Owner-occupied" means any residential dwelling unit not intended, at the time of application for the building permit, to be occupied as a rental dwelling.
"Powder room" means a room containing a water closet (toilet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms. "Primary entry" means the principal entrance used to enter a building or residential unit, as designated by the Building Official for purposes of compliance with this chapter. "Rental" means any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.
"Single-family residential dwelling" means as consistent with or as defined by the California Building Code. "Substantial rehabilitation" means the reconstruction of the primary entry, hallway, or one bathroom or powder room on the route from the primary entry, when that reconstruction is required to be consistent with the most current version of the California Building Standards Code.
"Visitable residential dwelling" means a residential unit subject to the requirements of this chapter by virtue of being within the scope of this chapter as defined in NCC 4.25.040. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.040 Scope and application.

A. Unit Coverage. All residential dwelling units that are a part of a residential development project for which an application for a new construction building permit is submitted to the Building Division after the effective date of this chapter shall be visitable residential dwellings.

B. Unit Types. New construction of all single-family, duplex, and triplex residential dwellings for which an application for a building permit is submitted to the Building Division after the effective date of the ordinance codified in this chapter shall be subject to this chapter.

C. Conditions of Approval. Any tentative map, conditional use permit, site development review or building permit master plan check subject to this chapter shall contain conditions sufficient to ensure compliance with the provisions of this chapter. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019) Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

4.25.050 Exemptions.

A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation may be granted.

B. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the site and/or due to the size of the site and/or other site constraints and/or legal constraints and that no equivalent facilitation is available, an exemption to that portion of the regulation may be granted.

C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this chapter may be granted.

D. This chapter shall not be applicable to any residential structure constructed if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. (Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.060 Standards - Primary entrance.

A. New Construction - Mandatory to Install. There are no mandatory installations related to primary entrances in a visitable residential dwelling.

B. New Construction - Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25 .140:

1. At least one doorbell is provided for the accessible entry door, one that is between 42 inches and 48 inches from the finished floor must be installed.

2. An exterior accessible route that is either: consistent with the requirements of CBC Chapter l lA; or not be less than 40 inches wide and not have a slope greater than one unit vertical in 20 units horizontal.

3. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11 A.

4. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following: consistent with the requirements of CBC Chapter l lA; or the width of the level area on the side to which the accessible entrance door swings shall extend 24 inches past the strike edge of the door.

5. The exterior accessible entry door that is either: consistent with the requirements of CBC Chapter l lA, or has a 34-inch net clear opening.

6. A second exterior door that is installed in a manner so that it is accessible as provided in this section with a 32-inch net clear opening.

7. Where at least one eyehole is provided in the accessible entry door, one shall be at standard height and a second one that is between 42 inches and 44 inches from the finished floor. (Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.070 Standards - Interior routes.

A. New Construction - Mandatory to Install. There are no mandatory installations related to interior routes in a visitable residential dwelling.

B. New Construction - Mandatory to Offer. The following options for accessible interior routes on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:

1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter l lA from the accessible entrance of the dwelling unit to the primary entry level powder room or bathroom, a common use room, and the kitchen if located on the primary entry level.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS