HomeMy WebLinkAbout1859 - Amending Chapter 15.60 of the Newport Beach Municipal Code Entitled "Construction Site Cleanup”ORDINANCE NO. 1859
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.60 OF THE NEWPORT
BEACH MUNICIPAL CODE ENTITLED "CONSTRUCTION
SITE CLEANUP"
The City Council of the City of Newport Beach
DOES ORDAIN as follows:
SECTION 1. Chapter 15.60 of the Newport Beach
Municipal Code is amended to read:
Sections:
15.60.010
• 15.60.020
15.60.030
15.60.040
15.60.050
15.60.060
15.60.070
"CHAPTER 15.60
CONSTRUCTION SITE CLEANUP
Site Cleanup Fee - Purpose.
Amount of Deposit.
Type of Deposit.
Notice.
Action by City.
Refund of Deposit.
Appeal to City Council.
15.60.010 Site Cleanup Fee - Purpose. Prior to the
issuance of any building permit or grading permit, the
Building Official shall require a site cleanup deposit to
be deposited with the City Finance Director in a sum to be
calculated as set forth in this Chapter. This site clean-
up deposit is intended to ensure the removal of construc-
tion and demolition debris from construction sites and
public property adjoining the construction sites to ensure
that.the permittee installs and maintains erosion control
and desiling basins as required by ordinance, and to
• ensure that inspections are requested at the appropriate
time, thereby ensuring the health, safety and welfare of
the citizens of the City of Newport Beach.
•
•
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15.60.020 Amount of Deposit. The amount of
the site cleanup deposit shall be determined either
in accordance with the valuation of the proposed
construction or in accordance with the extent of the
grading to be undertaken prior to construction. The
Building Official shall have the discretion to choose
the site cleanup deposit from one, but not both, of the
following schedules giving due regard to the extent of
the proposed grading and construction.
Schedule A
- Valuation
Deposit
0 -
100
Deposit
$ 0
- $ 5,000
$ 100
5,001
- 10,000
200
10,001
- 20,000
300
20,001
- 50,000
400
50,001
- 250,000
1,000
250,001
- 500,000
1,500
500,001-
1,000,000
3,000
1,000,001
- up
5,000
Schedule B - Yardage (in cubic yards)
15.60.030 Type of Deposit. The applicant for a
building permit or grading permit shall deposit cash or
other instrument of deposit in a form satisfactory to
the City Attorney in the amount required by the Building
Official pursuant to the provisions of Section 15.60.020.
15.60.040 .Notice. Written notice shall be given
to the applicant /permittee when any of the following
conditions exist:
1. When, in the opinion of the Building Official
or any building inspector, there is an unnecessary or
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Deposit
0 -
100
$ 300
101 -
500
700
501 -
1,000
900
1,001 -
1,500
1,100
1,501 -
2,000
1,300
2,001 -
5,000
2,000
5,001 -
10,000
2,500
10,001 -
15,000
3,000
15,001 -
20,000
3,500
20,001 -
50,000
5,000
50,001 -
100,000
10,000
100,001 -
up
15,000
15.60.030 Type of Deposit. The applicant for a
building permit or grading permit shall deposit cash or
other instrument of deposit in a form satisfactory to
the City Attorney in the amount required by the Building
Official pursuant to the provisions of Section 15.60.020.
15.60.040 .Notice. Written notice shall be given
to the applicant /permittee when any of the following
conditions exist:
1. When, in the opinion of the Building Official
or any building inspector, there is an unnecessary or
-2-
excessive accumulation of construction debris or material
on or off site;
2. When, in the opinion of the Building Official
or any building inspector, the applicant /permittee has
failed to properly install and maintain erosion control
devices such as desilting basins;
3. When, in the opinion of the Building Official
or any building inspector, material or debris relating
to the construction or grading constitutes a threat or
danger to the health, safety or welfare of any person;
or
4. When, in the opinion of the Building Official
or any building inspector, construction or grading is
in violation of any ordinance of the City of Newport
Beach or is in violation of any of the conditions imposed
by the City at the time of the approval of the permit.
Such written notice shall be deemed to have been given
to the applicant /permittee when written notice is posted
at the construction site. Such notice shall describe the
action to be taken by the applicant /permittee and the
period of time within which that action must be taken.
15.60.050 Action by City. in the event that the
applicant /permittee fails-to take action in accordance
with the provisions of Section 15.60.040, the City of
Newport Beach or its agents or employees at its option
may enter the construction or grading site and take the
action required of the contractor pursuant to the
provisions of Section 15.60.040. The actual expense
• incurred by City as a result of taking this action shall
be deducted from the cash deposit and paid over to the
City, and the remainder, if any, returned to the applicant/
-3-
permittee at such time
action is taken by the
the cost of the action
amount of the deposit,
until such time as an
as the final discretionary
Building Official. In the event
taken by the City exceeds the
work on the project shall be stopped
additional sum is placed in deposit
by the applicant /permittee as provided in Section 15.60.010.
15.60.060 Refund of Deposit. At such time as the
final approval of the project has been given by the Building
Official, and in the event that all of the action has been
taken by the applicant /permittee required of it pursuant
to the provisions of this Chapter and pursuant to the
instructions of the Building Official, then the full amount
of the deposit remaining shall be refunded to the applicant/
permittee upon final approval of the structure by the
Building Official.
15.60.070 Appeal to City Council. The City Council
• shall have the power to hear and decide appeals based on
the enforcement or interpretation of the provision of
this Chapter."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
2'Ard day of ime , 1980, and was adopted on the
14th day of July , 1980, by the following vote,
AYES, COUNCILMEN Cox, Hart, Heather,
Hummel, Maurer, Plummer, Strauss
NOES, COUNCILMEN
ABSENT COUNCILMEN
-4-
J
RHB /kv
5/28/80
to wit:
CWHED AS THE ORIGINAL AND
CMIFIED AS TO PUBU AJION
JUL 18 1980
DATE _..__....._...__.�...
CITY CLM Of THE CITY OF NEWIORT KACH
ATTEST:
AYES, COUNCILMEN Cox, Hart, Heather,
Hummel, Maurer, Plummer, Strauss
NOES, COUNCILMEN
ABSENT COUNCILMEN
-4-
J
RHB /kv
5/28/80