HomeMy WebLinkAbout04 - Construction Site Cleanup Deposit SchedulesaE"�POgr CITY OF NEWPORT BEACH Hearing Date: March 14, 2000
o` I� BUILDING DEPARTMENT Staff Person: Jay Elbettar
: 3300 NEWPORT BOULEVARD (949) 644 -3282
` NEWPORT BEACH, CA 92658
(949) 644 -3275; FAX (949) 644 -3250 Agenda Item if 7
COUNCIL AGENDA
REPORT TO THE MAYOR AND CITY COUNCIL N0. `l 1,2-- $ - -00
SUBJECT: Deleting Construction Site Cleanup Deposit Schedules
from Chapter 15.60 of the Newport Beach Municipal Code.
On June 22, 1998, Newport Beach City Council adopted Resolution 98 -45 setting fees
for City services and permits. Included with these fees are schedules for construction
site cleanup deposit amounts based on construction valuation and yardage for grading
projects (Copy attached).
Newport Beach Municipal Code Section 15.60.020 contains duplicate schedules, which
were not deleted at the time the fee resolution was adopted. By deleting the schedules,
the proposed ordinance would make the appropriate reference to the resolution.
Also the ordinance includes an editorial deletion in section 15.60.040 Notice.
RECOMMENDED ACTION
Introduce the proposed amendments to Sections 15.60.010 and 15.60.020 of the
Newport Beach Municipal Code deleting schedules of construction site cleanup deposit
amounts and make reference to schedules adopted by resolution of City Council and
pass on to second reading on March 28, 2000.
Respectfully submitted by:
JAY ELBETTAR
Building Director
Attachment: Fee schedule page for construction site clean -up deposit
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ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING AN
AMENDMENT TO SECTION 15.60.010 (SITE CLEANUP FEE - PURPOSE),
SECTION 15.60.020 (AMOUNT OF DEPOSIT), SECTION 15.60.050 (NOTICE) OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
CONSTRUCTION SITE CLEANUP DEPOSIT.
WHEREAS, the Newport Beach City Council adopted a fee resolution 98 -45
on June 22, 1998; and
WHEREAS, adopted resolution 98 -45 contained schedules of construction
cleanup deposit amounts; and
WHEREAS, NBMC Section 15.60.020 contains duplicate construction
cleanup deposit schedules; and
WHEREAS, NBMC Section 15.60.010 contains reference to these duplicate
schedules; and
WHEREAS, an editorial change to Section 15.60.040 is necessary; and
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Section 15.60.010 (Site Cleanup Fee - Purpose), Section
15.60.020 (Amount of Deposit), Section 15.60.040 (Notice) of Title 15 of the Newport
Beach Municial; Code shall be revised to read as follows:
Chapter 15.60
CONSTRUCTION SITE CLEANUP
Sections:
15.60.010 Site Cleanup Fee — Purpose REVISED
i
15.60.020 Amount of Deposit REVISED
15.60.030 Type of Deposit
15.60.040 Notice REVISED
15.60.050 Action by City
15.60.060 Refund of Deposit
15.60.070 Appeal to City Council
15.60.010 Site Cleanup Fee -- Purpose. (REVISED)
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 as set forth in the City
Council fee resolution. This site cleanup deposit is intended to ensure the removal
of construction and demolition debris from construction sites and public property
adjoining the construction sites to ensure that the permittee installs and maintains
erosion control and desilting 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.
15.60.020 Amount of Deposit. (REVISED)
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 fellewing schedules given due regard to the extent of the proposed
grading and construction. The site cleanup deposit schedules are as set forth in the
City Council fee resolution.
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Deleted
Ann
Deposit Schedule B Yardage (in eubie yemds) Deleted
... 9999 9999
. .. 9999 9 9 0 0
. .. 9999. 90000
.9 00000 1,30().()Q
1) 111411 11141 r 11144A, 0 Ann An
.. 99 .999 9. 99 99
- -• •- - •-- -- 9999..
AM An 20,000.00 9999
n nni .. 999900 9999.
rn AM An
Inn AM nn
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. (REVISED)
Written notice shall be given to the applicant/permittee when any of the
following conditions exist:
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Deposit Schedule B Yardage (in eubie yemds) Deleted
... 9999 9999
. .. 9999 9 9 0 0
. .. 9999. 90000
.9 00000 1,30().()Q
1) 111411 11141 r 11144A, 0 Ann An
.. 99 .999 9. 99 99
- -• •- - •-- -- 9999..
AM An 20,000.00 9999
n nni .. 999900 9999.
rn AM An
Inn AM nn
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. (REVISED)
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 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 ^I^t ^F ^ of the Cit y r
f Newport o i
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/permittee at such time as the final discretionary action is
taken by the Building Official. In the event the cost of the action taken by the City
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exceeds the amount of the deposit, work on the project shall be stopped until such
time as an 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 provisions of this chapter.
SECTION 2. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional.
SECTION 3. 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 day of , 2000, and was adopted
on the _ day of , 2000, by the following vote to wit:
ATTEST:
City Clerk
AYES, COUNCIL
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
Mayor
:a
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