Issue link: https://www.epageflip.net/i/24847
Wednesday, February 9, 2011 – Daily News – 5B (l) CONTINUED FROM PREVIOUS PAGE 801.2 Costs. LEGAL NOTICE The cost of such work and all administrative costs of the City of Red Bluff may be paid by a special assessment against the property involved, but also shall be or may be made a personal obligation of the property owner. Such special assessment shall become and constitute a continuing and perpetual lien and charge upon the lots or parcels of ground upon which they are levied and such lien shall have a priority over all other liens except general taxes. (m) 801.3 Special Assessments. “801.3.1 Collection of Special Assessments. Collection of the special assessments, referred to in Subsection 801.2, may be collected following the procedures set forth in Subsection 801.3.2 herein. The procedures for collections of special assessments in this subsection, if followed, are in lieu of sections 901 through 907 of chapter 9.” (n) 801.3.2 collection of special assessment procedure. 1. A notice of special assessment, including the right to a hearing, as set out in Subsections 801.3.2(5) and (6) of this Section, shall be sent first class mail, from the City’s Finance Director to the property owner/lessee at the address listed for the property owner in the county record and the property address. If any notice is returned, the property shall be posted with such notice. 2. The property owner/lessee has 30 days from the date the notice of special assessment is mailed or if notice is returned, from the date the property is posted to pay the assessment. Failure to pay within the time allotted will cause the special assessment to be recorded against the property. The special assessment will constitute a continuing lien against such property. 3. The amount of the assessment will include, in addition to all contractors’ charges, inspection costs, attorneys’ fees, court costs, and all other associated costs. The assessment may be paid any time prior to the assessment being turned over to the Tehama County Tax Assessor. Payments shall be made directly to the City of Red Bluff Finance Director and shall be placed into the Building Departments Code Enforcement accounts. 4. Unpaid assessments will be filed quarterly with the proper office of the County Clerk and Recorder’s office and annually with the treasury office. 5. An owner/lessee may object to such assessment within 30 days from the date the notice of assessment was mailed or if the notice is returned, from the date the property is posted. The objection must be in writing and mailed to and received by the Building Director/Official within the 30-day period. The objection must include a phone number and address of the objecting party, and must state the basis for the objection and must be on forms made available for this purpose by the City Building Department. Upon receipt of such objection and payment of the appropriate fee, the Building Director/Official will notify the chairperson of the Board of Appeals who will then set a hearing date, which hearing shall be the next regularly scheduled meeting of the Board of Appeals following receipt of the objection. Notice of this date will be mailed to the person making the objection. Failure to include an address in the objection will constitute a waiver of the right to file an objection. 6. The owner/lessee who requests the hearing will be charged an administrative fee pursuant to City of Red Bluff City Code pertaining to hearings before the Board of Appeals. Failure of such person to attend the hearing at the date and time scheduled shall constitute a waiver of such right to a hearing and a determination of all issues regarding the assessment. 7. The Board of Appeals shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The Building Director/Official shall carry the burden of establishing that a violation existed and that costs for abatement represented in the special assessment were reasonable under the facts and circumstances of the particular case. The standard of proof shall be by a preponderance of the evidence. A written decision will be prepared at the end of the hearing. This decision will be reached after both the landowner and the Building Director/Official have presented their cases. The decision will be deemed effective 3 (three) days from the date the decision is mailed to the owner/lessee and will be a final decision. (o) Section 802.1: “802.1 General. The legislative body of this jurisdiction may establish a special revolving fund to be designated as the repair, rehabilitation, remediation, and demolition fund. Payments shall be made out of said fund upon the demand of the Building Director/Official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.” (p) Sections 908.1 and 909: “908.1 Priority. Immediately upon a special assessment being turned over to the County of Tehama Tax Assessor, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.” (q) Section 909 -- report to assessor and tax collector: Addition of assessment to tax bill; “Certified copies of the special assessment shall be given to the County Assessor and/or the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel.” (6) Section 10-15-7. Violations--Penalty. (a) It shall be unlawful for any person to violate any of the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as adopted, or the provisions of this ordinance. (b) Any violation of the provisions of this ordinance, and any violation of any of the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as adopted, shall upon conviction, be punishable as provided to the fullest extent of the law. (7) Section 10-15-8. Severability Clause. invalid for any reason, 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 part or parts thereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional. (8) Section 10-15-9. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is necessary for the preservation of the public health, safety and welfare. (9) Section 10-15-10. Conflicts. If the provisions of the California Building Codes, as adopted in this article, conflict with any other provisions of the City of Red Bluff City Codes then the more restrictive of the two shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (10) Section 10-15-11. Effective Date. The amendments shall become effective 30 (Thirty) days after public notice following final passage of the second reading. ARTICLE VII: DIVERSION OF CONSTRUCTION AND DEMOLITION (C&D) DEBRIS Section § 5.61 THRESHOLD is amended to read as follows: (A) Covered projects. All construction, demolition, and renovation projects within the city shall comply with this article. (B) Non-covered projects. Applicants for construction, demolition, and renovation projects within the city shall divert material from construction and demolition projects in accordance with the chapter. (C) The 2010 California Green Building Standards Code states Sections 5.408.2 and 5.408.2.2 as exceptions authorized by the Building Director/Official: Jobsites in areas where there is no mixed construction and demolition debris (C&D) processor or recycling facilities within a feasible haul distance shall meet the requirements as follows: 1. The enforcement agency having jurisdiction shall at its discretion, enforce the waste management plan and make exceptions as deemed necessary. 2. The enforcing agency may make exceptions to the requirements of this section when jobsites are located in areas beyond the haul boundaries of the diversion facility. (D) City-sponsored projects. All city-sponsored construction, demolition, and renovation projects shall be considered covered projects for the purposes of this article. (E) Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. ARTICLE VIII: ASSUME ENFORCEMENT OF THE MOBILEHOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT Shall be amended to add the following Section: § 5.76 SWIMMING POOL AND SPA SAFETY ACT. (A) (Pool Barriers) California Health and Safety Code §§115920 - 115929, also cited as the Swimming Pool Safety Act. 2009 California Health and Safety Code - (B) The “TITLE XIV--POOL AND SPA SAFETY Sec. 1401 and 1402”, known as the “VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT* PUBLIC LAW 110-140”, is adopted by by reference as the building code of the city, including all future errata changes that apply. The Building Director/Official shall enforce the aforementioned § 5.76 as the jurisdiction having authority. The Building Director/Official shall enforce the Federal law without malice to its` fullest extent. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. (A) VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT* PUBLIC LAW 110-140 (B) TITLE XIV--POOL AND SPA SAFETY Sec. 1401.” SHORT TITLE. (C) Virginia Graeme Baker Pool and Spa Safety Act”. Sec. 1402. FINDINGS. Congress finds the following: (1) Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States. (2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning. (3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning. (4) Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings. Sec. 1403. DEFINITIONS. In this title: (1) accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. (2) Barrier. -- The term “barrier” includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. (3) Commission. -- The term “Commission” means the Consumer Product Safety Commission. (4) Main drain. -- The term “main drain” means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump. (5) Safety vacuum release system. -- The term “safety vacuum release system” means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. (6) Swimming pool; spa.-- The term “swimming pool” or “spa” means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools. (7) Unblockable drain. -- The term “unblockable drain” means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. (8) State.—The term “State” has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052(10), and includes the Northern Mariana Islands. Sec. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD. (a) Consumer Product Safety Rule.--The requirements described in subsection (b) shall be treated as a consumer ASME/ANSI. -- The term “ASME/ANSI” as applied to a safety standard means such a standard that is If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or product safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (b) Drain Cover Standard.--Effective 1 year after the date of enactment of this title, each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool or drain cover. If a successor standard is proposed, the American Society of Mechanical Engineers shall notify the Commission of the proposed revision. If the Commission determines that the proposed revision is in the public interest, it shall incorporate the revision into the standard after providing 30 days notice to the public. (c) Public Pools.— (1) Required equipment. ---- (A) In general.--Beginning 1 year after the date of enactment of this title— (I) each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and (ii) each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B) Safety vacuum release system.— (I) otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387. (II) Suction-limiting vent system.--A suction-limiting vent system with a tamper-resistant atmospheric opening. (III) Gravity drainage system.--A gravity drainage system that utilizes a collector tank. (IV) Automatic pump shut-off system.--An automatic pump shut-off system. (V) Drain disablement.--A device or system that disables the drain. (VI) Other systems.--Any other system determined by the Commission to be equally effective as, or better than, the systems described in subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death associated with pool drainage systems. (C) (1) of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard. Public pool and spa defined. -- In this subsection, the term “public pool and spa” means a swimming pool (A) Open to the public generally, whether for a fee or free of charge; or spa that is— (B) Open exclusively to-- (i) members of an organization and their guests; (ii) residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multi-family residential area (other than a municipality, township, or other local government jurisdiction); or (iii) patrons of a hotel or other public accommodations facility; or (C) Operated by the Federal Government (or by a concessionaire on behalf of the Federal Government) for the benefit of members of the Armed Forces and their dependents or employees of any department or agency and their dependents. (2) Enforcement. -- Violation of paragraph (1) shall be considered to be a violation of section 19 (a) (1) of the Consumer Product Safety Act (15 U.S.C. 2068(a) (1)) and may also be enforced under section 17 of that Act (15 U.S.C. 2066). Sec. 1406. MINIMUM STATE LAW REQUIREMENTS. (a) In General.— (1) Safety standards. -- A State meets the minimum State law requirements of this section if— (A) (I) more than 1 drain; (II) 1 or more unblockable drains; or (III) (IV) no main drain; with a (V) periodic notification is provided to owners of residential swimming pools or spas about compliance with (VI) successor standard; (B) (1) (2) (A) (B) (3) every swimming pool and spa that has a main drain, other than an unblockable drain, be equipped drain cover that meets the consumer product safety standard established by section 1404; and that the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any The State meets such additional State law requirements for pools and spas as the Commission may establish after public notice and a 30-day public comment period. requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related to that requirement. Use of minimum state law requirements. -- The Commission— Shall use the minimum State law requirements under paragraph (1) solely for the purpose of determining the eligibility of a State for a grant under section 1405 of this Act; and May not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a State for a grant under section 1405 of this Act. minimum State law requirements under paragraph (1), the Commission shall— (A) entrapment prevention; and (B) (4) (1) (2) Requirements to reflect national performance standards and commission guidelines. -- In establishing Consider current or revised national performance standards on pool and spa barrier protection and Ensure that any such requirements are consistent with the guidelines contained in the Commission’s publication 362, entitled “Safety Barrier Guidelines for Home Pools”, the Commission’s publication entitled “Guidelines for Entrapment Hazards: Making Pools and Spas Safer”, and any other pool safety guidelines established by the Commission. and spa safety or from relying on an applicable national performance standard. (c) Basic Access-Related Safety Devices and Equipment Requirements To Be Considered.--In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements: Covers. -- A safety pool cover. latching device. (3) (4) pool or spa. (5) (5) (A) Gates. -- A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self- Doors. -- Any door with direct access to the swimming pool or spa that is equipped with an audible alert device or alarm which sounds when the door is opened. Pool alarm. -- A device designed to provide rapid detection of an entry into the water of a swimming Entrapment, Entanglement, and Evisceration Prevention Standards To Be Required.— In general.-- In establishing additional minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall require, at a minimum, 1 or more of the following (except for pools constructed without a single main drain): Safety vacuum release system.--A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387, or any successor standard. (B) (C) (D) (E) Suction-limiting vent system.--A suction-limiting vent system with a tamper-resistant atmospheric opening. Gravity drainage system.--A gravity drainage system that utilizes a collector tank. Automatic pump shut-off system.--An automatic pump shut-off system. Drain disablement.--A device or system that disables the drain. (F) Other systems.--Any other system determined by the Commission to be equally effective as, or better than, the systems described in subparagraphs (A) through (E) of this paragraph at preventing or eliminating the risk of injury or death associated with pool drainage systems. (1) Applicable standards.-- Any device or system described in subparagraphs (B) through (E) of paragraph (1) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard. (2) Sec. 1407. EDUCATION PROGRAM. (a) (1) In General.--The Commission shall establish and carry out an education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop— Educational materials designed for pool manufacturers, pool service companies, and pool supply retail outlets; (2) (3) (b) Educational materials designed for pool owners and operators; and A national media campaign to promote awareness of pool and spa safety. Authorization of Appropriations.--There are authorized to be appropriated to the Commission for each of the fiscal years 2008 through 2012 $ 5,000,000 to carry out the education program authorized by subsection (a). Sec. 1408. CPSC REPORT. Not later than 1 year after the last day of each fiscal year for which grants are made under section 1405, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section. Sec. 1409. APPLICABILITY. This Act is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. This ordinance shall take effect thirty (30) days after the date of its adoption. Within fifteen (15) days from the passage thereof, it shall be published at least once in the Red Bluff Daily News, a newspaper of general circulation, published and circulated in the City of Red Bluff. The forgoing ordinance was introduced at a regular adjourned meeting of the Red Bluff City Council on January 18, 2010 and adopted at a regular meeting of the Red Bluff City Council on February 1, 2011 by the following vote: AYES: Councilmembers: Brown, Carrel, Flynn, Jackson and Schmid NOES: Councilmembers: None ABSENT OR NOT VOTING: Councilmembers: None s/ Bob Carrel, Mayor ATTEST: s/Cheryl Smith, Deputy City Clerk APPROVED AS TO FORM: s/Rick Crabtree, City Attorney Publish: February 9th, 2011 Standards.--Nothing in this section prevents the Commission from promulgating standards regulating pool No liability inference associated with state notification requirement.-- The minimum State law notification that will effectively prevent small children from gaining unsupervised and unfettered access to the pool or spa; (ii) that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains; (iii) that pools and spas built more than 1 year after the date of the enactment of such statute have— The State requires by statute-- (i) the enclosure of all outdoor residential pools and spas by barriers to entry Applicable standards.--Any device or system described in subparagraph (A)(ii) shall meet the requirements A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or