ORDINANCE NO. 1301
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VERNON MUNICIPAL CODE SECTION 8.04.010
OF CHAPTER 8.04 (FIRE CODE) TO AUTHORIZE THE CITY’S CHIEF
BUILDING OFFICIAL, OR AUTHORIZED REPRESENTATIVE, TO
ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA
HEALTH AND SAFETY CODE SECTION 13869.7(h)(1)(B)
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378.
SECTION 2. Findings.
A. The City of Vernon receives fire services provided by the Los Angeles County Consolidated Fire Protection District (LA County Fire), along with 60 other contract cities and all unincorporated areas within Los Angeles County. In addition to suppression and prevention services, LA County Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law.
B. Vernon Municipal Code (VMC) Section 8.04.010 adopts the 2020 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code Sections 17958 and 13869.7 which authorize the City to adopt, modify, or reject ordinances adopted by LA County Fire including without limitation, building standards. The City has opted to adopt LA County Fire regulations in order to assist in LA County Fire in providing uniform building plan review to cities receiving services from LA County Fire.
C. Health and Safety Code Section 13869.7(h)(1)(B) provides that “A city… that ratifies an ordinance relating to fire and panic safety … shall delegate the enforcement of the ordinance to … the chief building official of the city … or his or her authorized representative.”
D. The authorization delegated to the City’s Chief Building Official to enforce the Fire Code is not explicitly stated in VMC Section 8.04.010. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code Section 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes.
E. The City Council has determined that it is in the best interest of the public to immediately implement this Ordinance to avoid threat to the public welfare, Ordinance No. 1301
_______________________
ambiguities, lapse in enforcement, or uncertainty in the law. The City Council also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace.
F. Accordingly, in accordance with Government Code Sections 36934 and 36937 (b), the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare, and this Ordinance shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council.
SECTION 3. Section 8.04.010 (D) is hereby added to the VMC, as follows:
“D. Pursuant to Health and Safety Code 13869.7(h)(1)(B), the City’s Chief Building Official, or authorized representative, is authorized to enforce the Fire Code.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.
SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.
/ / /
/ / /
/ / /
Ordinance No. 1301
_______________________
SECTION 7. This ordinance shall become effective and be in full force and effect immediately upon its adoption.
APPROVED AND ADOPTED July 16, 2024.
_____________________________
JUDITH MERLO, Mayor
ATTEST:
YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney