Chapter 17.05

ENFORCEMENT IN SAN JOSÉ-CUPERTINO MUNICIPAL REORGANIZED TERRITORY

Parts:

• 1 General

• 2 San José Officials - Enforcement in Cupertino Reorganized Territory

• 3 Cupertino Official in Reorganized Territory

Part 1

GENERAL

Sections:

Unless it clearly appears otherwise from the context, these words and phrases and their derivatives in this Chapter 17.05 shall have the following meanings:

• A. "Joint exercise of powers agreement," "joint agreement" or agreement" mean

the "Joint Exercise of Powers Agreement San José Cupertino Municipal Reorganization" entered between the City of San José and the city of Cupertino.

• B. "Building official" means the person defined as such in the agreement, acting on behalf of the City of San José and city of Cupertino.

• C. "Director" means the person defined as such in the agreement and includes, where applicable, the director of public works and the director of planning of the City of San José.

• D. "Territory of organization" or "territory" means solely and only that territory within the City of San José which would be detached from San José and annexed to Cupertino as described in the agreement mentioned in Section 17.05.030 of this chapter.

• E. "Permit" means those permits and conditions which are defined as such in the agreement.

• (Ord. 19615.)

No compensation, reimbursement or other benefit shall be provided, derived or required for the exercise of any authority hereunder, whether to the city of Cupertino or City of San José or any of their respective officers, employees or other authorized representatives, other than such division of building, plumbing, electrical or mechanical code permit fees as the San José city council may prescribe by ordinance.

(Ord. 19615.)

Part 2

SAN JOSÉ OFFICIALS - ENFORCEMENT IN CUPERTINO REORGANIZED TERRITORY

Sections:

T17:24

BUILDINGS AND CONSTRUCTION

§ 17.05.070

The City of San José director of public works, director of planning and building official, as each is defined in an "Agreement for San José-Cupertino Municipal Reorganization," on file in the office of the city clerk, are and each of them is authorized to provide and continue inspection, supervision and enforcement of performance of such laws, contracts and permits as are in their respective authority in the City of San José, in relation to any project defined in said agreement, within territory detached from San José and annexed to Cupertino pursuant to a municipal reorganization. (Ord. 19615.)

• A. Such authorization shall be exercised in the territory of reorganization by requiring and imposing the same requirements of law, contract and permit as would be applicable in the City of San José as if the project was, remained and continued in the City of San José without annexation to Cupertino. Any such act shall be the act of both the City of San José and Cupertino.

• B. Such building official may, but shall not be required to, continue inspection and enforcement after the expiration of ninety days succeeding the effective date of municipal reorganization; in all events, he shall cease after such ninety days, upon receipt of notice of a written resolution of the council of the city of Cupertino specifying the date, after such ninety days, when such authority terminates.

• (Ord. 19615.)

No such authorization shall be effective or exercised unless and until there is effective an ordinance of the city of Cupertino permitting the exercise of such authority, in accordance with the provisions of the agreement mentioned in Section 17.05.020 of this Code and the joint exercise of

powers agreement mentioned in Section 17.05.020 of this Code and the joint exercise of powers agreement mentioned in Section 17.05.010. (Ord. 19615.)

Part 3

CUPERTINO OFFICIAL IN REORGANIZED TERRITORY

Sections:

17.05.060 Authorization.

17.05.070 Effect.

• 17.05.080 Cupertino authorization.

The building official of the city of Cupertino, as defined in an "Agreement for San José-Cupertino Municipal Organization" on file in the office of the city clerk, is authorized for, on behalf of, and as the act both of San José and Cupertino to provide and continue inspection, supervision and enforcement of those requirements of law or permit which pertain to permits issued under the San José building, electrical, plumbing or mechanical code for work in the territory of reorganization for such periods of time while the said work is on property formerly in the territory of reorganization within the City of San José, upon its annexation upon municipal reorganization to Cupertino, and thereafter in the city of Cupertino, all in accordance with the conditions, restrictions, and limitations set forth in the "Agreement for San José-Cupertino Reorganization" mentioned in Section 17.05.020 and joint exercise of powers agreement mentioned in Section 17.05.010.

(Ord. 19615.)

Such authorization shall be exercised in the territory of reorganization, both upon and after reorganization, by requiring and imposing the same requirements of law, contract and permit as would be applicable in the City of San José as if the project was, remained and continued in said city without

T17:25

SAN JOSÉ CODE

§ 17.05.070

annexation to Cupertino. Any such act, within Cupertino upon and after annexation, shall be the act of the City of San José and Cupertino for the purposes of the codes mentioned in this Part 3, but shall not be exercised while the San José building official is exercising authority under Part 2 until the later of the following: The expiration of ninety days after the effective date of municipal reorganization, or the cessation after such ninety days of inspection and enforcement by the San José building official. (Ord. 19615.)

No such authorization shall be effective or exercised unless and until there is effective an ordinance of the city of Cupertino permitting the exercise of such authority in accordance with the provisions of the agreement mentioned in Section 17.05.020 of this Code and the joint exercise of powers agreement 3270 mentioned in Section 17.05.010.

(Ord. 19615.)