2011/04/20 Council Agenda Packet

2 Section 1. Ordinance No. 1671-89 as amended by Section 36 of Ordinance No. 2397-99, EMC Chapter 19.39 is hereby amended by the addition of the following new section,to be codified as EMC 19.39.180: 39.180 Surveys Required. For all new buildings, additions, or alterations of existing buildings, the Planning Director and Building Official shall both have the independent authority to require the applicant to have a survey completed to verify that the setback and height standards of Title 19 are met. Upon consideration of scope of the proposed project and the materials submitted by the applicant,the Planning Director or Building Official, in their sole discretion,may require a full survey, limit the required survey to a determination of specified property corners or a bench mark for elevation, or require additional information which will demonstrate compliance without requiring a survey. Where the proposed building, addition, or alteration is within one foot of a required setback or within one foot of the maximum allowable height,the Planning Director and Building Official should always require a full or limited survey, unless extraordinary circumstances justify otherwise. Section 2. Severability Should any section, subsection,paragraph, sentence, clause or phrase of this Ordinance or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses,phrases or portions be declared invalid or unconstitutional. Section 3. General Duty It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by its officers, employees or agents. Section 4. Savings 3