A. The Board shall hear the appeal and consider evidence presented by the appellant, the responsible authority, and any interested person at the time and place fixed in the notice of hearing.
B. With the consent of the appellant, the Board may continue the hearing from time to time.
C. Within fifteen (15) days after conclusion of the hearing, the Board shall declare its findings, if any, and decision. The Clerk shall promptly transmit and post copies of same in the manner provided for notices in Section 15.44.480.
D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 15.44.420(C), a notice over the signature of the floodplain administrator that:
1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;
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2. Such construction below the regulatory flood elevation increases risk to life and property; and
3. Any other relevant information prescribed by the floodplain administrator; and
4. A copy of such notice shall be maintained with the record of the variance action mentioned in subparagraph (D) following.
5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
D. The Clerk shall maintain a record of all actions taken by the Board on appeals.
15.44.500 Precedence.
This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The City Council of the City of Shafter may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128 or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.
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Section 16. Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.52
ENERGY CODE
Sections:
15.52.010 Short title.
15.52.020 Energy Code – Adopted.
15.52.030 California Energy Code – Amendments – General.
15.52.040 Reserved
15.52.010 Short Title.
This Chapter may be cited as the "Shafter Energy Code."
15.52.020 Energy Code – Adopted.
California Code of Regulations, Title 24, Part 6 being that portion of the 2022 Edition of the California Energy Code, without amendment, is adopted by this reference into the Shafter Energy Code.
15.52.030 California Energy Code – Amendments – General No amendments, additions or modifications are included.
15.52.040 Reserved
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ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SHAFTER, CALIFORNIA AMENDING TITLE 15 OF THE SHAFTER
MUNICIPAL CODE BY REPEALING AND ADDING NEW CHAPTERS
oF TITLE 15 ("CODE OF BUTLDTNG REGULATIONS") OF THE
SHAFTER ORDINANCE CODE AS FOLLOWS: 15.040 15.06' 15.08' 15.10'
15.12,15.16, 15.20,15.24,15.26,15.28, 15.32,15.34,15.36, 15.40, 15.44,and
15.56 WHICH INCLUDES ADOPTION OF THE CALFORNIA BUILDING
STANDARDS CODE, AS MODIFIED, TO PROVTDE A NEW CODE OF
BUILING REGULATIONS
WHEREAS, the City Council has studied and considered voiding Ordinance No. 715 (Chapters 15.04,15.06, 15.08, 15.10, 15.12,15.16,15.20,15.24,15.26,15.28,15.32,15.34,15.36,
15.40,15.44, &,15.56 of Title 15 of the Shafter Municipal Code) and adding a new Title 15 to the Shafter Municipal Code as depicted in Exhibit "8", attached hereto and made a part of this Ordinance as though fully set forth herein, and has determined that in order to enforce health and safety laws applicable to buildings and construction in the City of Shafter, it is necessary to approve Ordinance No. 743; and
WHEREAS, the City Council adopts the findings that the local amendments to the California Building Standards Code are reasonable and necessary due to local climatic, topographic, and geological conditions as depicted in Exhibit "A" attached hereto and made part of the adopted findings; and
WHEREAS, a timely and properly noticed public hearing upon Ordinance No. 743 was held by the City Council of the City of Shafter on December 6th at which hearing evidence, oral and documentary,was admitted on behalf of said Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
SECTION 1. The Shafter Municipal Code is hereby amended by voiding Ordinance No. 715 (Chapters 15.04, 15.06, 15.08, 15.10, 15.12,15.16, 15.20,15.24,15.26,15.28,15.32,15.34,
15.36,15.40, 15.44, and 15.56 of Title l5 of the Shafter Municipal Code) and adding a new Title 15 to the Shafter Municipal Code as depicted in Exhibit "8", attached hereto and made a part of this Ordinance as though fully set forth herein, by adoption of Ordinance No. 743 by the City Council of the City of Shafter.
SECTION 2. lf arry section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Shafter City Council Ordinance No. 743
December 6,2022
Page2
SECTION 3. This Ordinance shall take effect thirty days after its adoption, and within fifteen days after such adoption shall be published once in the Shafter Press, a newspaper of general circulation published and circulated in the City of Shafter, together with the names of members of the City Council voting for and against the same.
PASSED AND ADOPTED THIS 6th DAY OF DECEMBER' 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City AttorneY