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Home My WebLink About2/28/1994�1►i171 �r 7:00 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California =7F r, mp- E Poll Da Wd Meyer. r t Plunk . Jack • i Bruce Hamenbaum Aflcr. Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396=5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drini in the Auditorium, 'fie City of Diamond Bar uses recyefed paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMSSION AGENDA February 28, 1994 Next Resolution No. 941 CALL TO OADER: 7:00 p.m. PLEDGE OF Al I X3LANCE ROLL CALL:- COMMISSIONERS: Chairman David Meyer, Vice Chairwoman Lydia Plunk, Bruce Flamenbaurn, Jack Grothe, and Michael Li 1 04" ON 1*11111. 0 10 A This is the time and place for the general public to address the members of the Planning Commis- sion on any item that is within their jurisdiction, allowing owing the public an opportunity to speak on non-public heairing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is vQWPI:ary). - There is a five minute maximum time limit when addressing the Planning Commission. CONSENT CALENDAR- The following items listed on the consent calendar are considered routine and are approved by d single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 1. . . Minutes of February 14, 1994 2. Planned Sign Program No. 94-1 Pursuant to the Sign Ordinance, all freestanding signs require approval by Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a nursery. The project is located on Golden Springs Dr. adjacent to the SR 60 freeway on the long undeveloped parcel south of the freeway and north of Golden Springs Dr. The parcel is between Banning Way and the Brea. Canyon Road off -ramp (continued from February 14, 1994). RECOMI\ffNDATION: Staff recommends that the Planning Commssion review and consider the resolution of denial. H NEW BUSINESS: None 3. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance The consideration of an ordinance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property maintenance standards (continued from February 14, 1994). Applicant: City of Diamond Bar Property Location: All property within the City limits of Diamond Bar. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt pursuant to Section 15321. RECOMMENDATION: Staff recommends that the Planning Commission review the draft docu- ments, make appropriate changes and forward the Property Maintenance Ordinance to the City Council. PLANNING COMMISSION PTEMS: (1) Verbal discussion on future Development Code (2) Other INFORMATIONAL ITEMS: ADJOURNMENT: March 14, 1994 IN MINUTES OF THE PLANNING COMMISSION 4,! REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 14, 1994 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL: Present: Chairman Meyer, vice Chairman 'Plunk, Commissioners Grothe and Li. Commissioner FlamenbAum arrived at 7:16 p.m. Also Present: Community ' Development Director James DeStef ano, Associate Planner Rob Searcy, Planning Technician Ann Lungu, Interim City Attorney* Michael Montgomery, and Recording Secretary Liz Myers Absent: None MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of January 24, 1994 VC/Plunk questioned -the accuracy of parts of the minutes of January 24, 1994. However, after discussion it was determined that the minutes as presented is correct. Moved by C/Flamdnbaum, seconded. by C/Grothe and carried unanimously to approve the minutes of January 24, 1994, as presented. OLD BUSINESS: - None NEW BUSINESS: 2. Planned Sign Program No. 94-1 AP/Searcy reported, per the Sign ordinance, all freestanding signs require approval by the Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a wholesale nursery located on Golden Springs Drive, adjacent to the SR 60 freeway, between Banning Way and the Brea Canyon Road off - ramp. He stated that the sign is to be constructed with 1/211 Plywood supported by 211 X 411 frame on 411 X 411 posts, and is proposed as an unilluminated sign displaying the business name and phone number. It is recommended that the Planning Commission approve the freestanding sign.at the location and February 14, 1994 Page 2 size requested by the applicant. C/Grothe noted that the owner of the lot had. originally requested to rent it out for storage of plants for a wholesale nursery. However, it now appears that the parcel may be used as a retail nursery, and should therefore be conditioned to improve the site for retail use. AP/Searcy stated that one of the conditions of approval for their original request was, should the wholesale nursery develop into a retail nursery, the property would have to be developed with the proper improvements for such an establishment. The Engineering Department has also conditioned the project requiring an additional grading plan addressing any intensification of the property. He stated that, at this time, both a wholesale and a retail nursery are approved as a right of zone, not requiring special permits. VC/Plunk suggested that staff point out to the applicant the proper spelling of "wholesale", and that the approval of the application be conditioned with the proper spelling of the word. Chair/Meyer expressed concern* that the application is presented before the Planning Commission as a Planned Sign Program when it appears to be more of a temporary sign, whose appearance will deteriorate due to weathering. He pointed out that a professionally prepared sign, of a permanent nature, would be a major improvement to this facility. He - then inquired if there are -existing non-confbrming signs along the freeway currently on the site. AP/ Searcy stated that there is currently a real estate sign on the site along the freeway. Any other sign that was on the site has already been addressed and removed. Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Chair/Meyer noted that the applicant is not present to address the Planning Commission. Gary Neely express concern that the Sign ordinance may prohibit freeway oriented signage. He then pointed out that the businesses surrounding the Colima Road/Brea Canyon Road commercial area, which are all serviced by the Brea Canyon off -ramp, is in need of a freeway oriented sign for its economic developmental welfare. He suggested that the Ci . ty consider allowing an electronic freeway oriented sign, that could be paid for by the businesses, to be located on the far western corner of the nursery property along SR 60 freeway to February 14, 1994 Page 3 help advertise the commercial area. He stated that he concurs the sign proposed by the applicant could be constructed more aesthetically. However, -'some consideration should be given to his financial situation. There being no one else wishing to speak, Chair/Meyer closed the meeting and returned the matter back to the Commission for consideration. CDD/DeStefano, in response to VC/Plunk!s inquiry regarding condition (d) of the resolution, explained that the General Plan extension of time allows for Planning Commission deliberation and approval, if deemed appropriate, for this kind of sign. He pointed out that, regardless of the ultimate land use, there will undoubtedly be a freestanding sign at this location, but perhaps using different building materials. Therefore, staff concluded that the application would be conpatible with the future General Plan. VC/Plunk concurred that the sign should be constructed of better building material. C/Grothe questioned why this application is being presented as a Planned Sign Program rather than as a temporary sign approval. CDD/DeStefano explained that the Sign Code, under the section Planned Sign Program, requires the Planning Commission review a single freestanding sign. C/Flamenbaum questioned how the temporary sign for the Calvary Church located at the intersection' of Golden Springs/Grand Avenue was conditionally, approved by the Planning Commission. AP/Searcy explained that the temporary sign was approved as part of the Conditional Use Permit (cup) for that project. The sign was conditioned to be maintained and removed at such time when the permanent monument sign on Grand Avenue was constructed. Chair/Meyer stated that he feels the application is inappropriate for a design review. He suggested that the application be denied, or be continued, allowing the applicant to design a more aesthetically pleasing small freestanding sign. A sign is a small, investment for advertising a business. Moved by C/Flamenbaum to deny Resolution No. XX for the Planned Sign Program No. 94-1. .1 CDD/DeStefano suggested that, since the Resolution of Denial hag not been presented before the Commission, the Planning February 14, 1994 Page 4 Commission may choose to direct staff to prepare a Resolution of Denial with appropriate findings of fact for the next meeting: Amending his motion, C/Flamenbaum moved and C/Grothe seconded to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. Chair/Meyer inquired if the Planning Commission desired to discuss the motion. VC/Plunk suggested that it may be more appropriate to allow the - applicant a certain. amount of time to design a more suitable sign. C/Flamenbaum pointed out that since the applicant is not present at the meeting, the Commission is not able to receive his acquiescence to construct a more appropriate sign. He noted that since the sign is located at the entryway to the City, it should be better designed. Chair/Meyer stated that the applicant has an opportunity to attend the next meeting to discuss viable alternatives. Staff is being asked to prepare a resolution of denial. Therefore, the Resolution of Denial and the Resolution of Approval will be presented to the Planning Commission. ICA/Montgomery advised the Planning Commission that they could either table the application, continue the application, or deny the application without prejudice, thus allowing the applicant an opportunity to re -address the issue. Referring to VC/flunk's request to condition the project to properly spell "wholesale", he pointed out that the Commission does not have the authority to control the spelling on a.sign. C/Li suggested that the sign should be considered as temporary because it appears that the land use itself is temporary. AP/Searcy stated that though the land use is considered an interim land use, the use could theoretically last 20 to 30 years. C/Grothe pointed out that the tenant has zero investment into the.property, and there is no guarantee that the sign will be maintained. C/Li pointed out that the application can be conditioned to include a maintenance clause. He expressed concern that the Commission may not be considering the applicant's financial ability when discussing this application. C/Flamenbaum reiterated that the resolution cannot be amended February 14, 1994 Pa . ge 5 to include additional conditions without the applicant's consent. The applicant will have the opportunity to address the issues at the next meeting. Chair/Meyer pointed out that the 'application is not a temporary sign but a sign package presented in the same format as all other signs in other commercial areas in the City. He stated that signs represent a significant investment in advertising for businesses. The City has an obligation to ensure that all businesses in the community comply with the same standards. The Planning Commission voted upon the motion made by C/Flamenbaum and seconded by C/Grothe. to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. The Motion CARRIED 3-2 asfollows: AYES: COMMISSIONERS: Grothe, NOES: COMMISSIONERS:.Li and ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Flamenbaum, and-Chair/Meyer VC/Plunk VC/Plunk asked staff to point out to the applicant that the word "whole sale" may be misspelled. CONTINUED PUBLIC HEARING 3., Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance CDD/DeStefano reported that, pursuant to the Planning Commission's direction at the last meeting, staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the meetings of December 13, 1993 and January 24, 1994. , The changes' made to the draft 'Property maintenance Ordinance are highlighted by either red line for any additions made, or strikeout for any deletions made. He stated that the City Attorney has also been provided with the last draft of the Abatement Procedures, which was produced by the City Council sub -committee, for his . review. it is recommended that the Planning Commission review the draft documents, make appropriate changes and forward the Property Maintenance'Ordinance to the City Council. C/Flamenbaum, noting that Chapter 99 is an item of discussion on the City Council's agenda for their meeting tomorrow night, inquired if the Planning Commission should continue with their review of the draft Property Maintenance Ordinance at this time. February 14, 1994 Page 6 VC/Plunk pointed out that the recommendation to the City Council was to approve Chapter 99 as aninterim measure until the draft Property Maintenanc'e Ordinance was prepared in final form. Chair/Meyer noted that the City Council sub -committee desired to create a Property Maintenance Ordinance that went beyond the provisions of Chapter 99 of the Building Code and the Uniform Housing Code. Since the Planning Commission has expended much effort in developing the ordinance to this point, the process should continue. VC/Plunk, noting that there have not been any changes made to the draft Abatement Procedures, inquired if the City Attorney has had the opportunity to review the document and respond accordingly. ICA/Montgomery stated that, though he received a . copy of the draft Abatement Procedures with various comments and suggestions made, he felt. it would not be appropriate to attempt to predict policy prior to public comment and prior to discussion by the Commission of the issues not yet addressed, such as mediation, or the notification procedure to deny tax benefits to any rental property not appropriately maintained. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Don Gravdahl, residing at 23398 Minnequa, submitted a drawing of his property illustrating the location of his motor home to the'Planning Commission. Referring to MotorVehicleParking on page 7,. he expressed concern that the ordinance requires motor homes'parked on the side yard, abutting the street, to be screened. He noted that many motor homes parked on the side yard hangs out the front yard set back, and since a six foot high wall- cannot be placed in the front yard set back to "screen" his motor home, the word "screened" should be eliminated. He then suggested that item B, under Motor Vehicle Parking, on page 8, be amended. to indicate vehicles with a 10,000 pound gross vehicle weight (GVW) , since many pickups posted 6,000 GVW do not take into account additional weight from added bodies, tools, etc. He also suggested that the definition of "Blighting.Conditions" be removed from the document, particularly since much of the definition does not apply to the City, such as references to coastal environment. Bob Zirbes, residing iding at 2141 Tierra Loma, made the following comments: remove the definition of "blighting", on page 3, particularly.since it is not mentioned anywhere else in the document; revise the definition of "driveway", on page 5, to amend (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private February 14, 1994 Page 7 property; there should be a diagram to reference the definition of "Yard", on page 5; and delete "to prevent public .health hazards" from the last sentence of , Landscape Maintenance,.on page 9. He then suggested that there should be administrative procedures, included in the ordinance,. for the Code Enforcement officers to follow for their investigation and handling of complaints, with the understanding that the Abatement Procedures are for the violator who refuses to comply. He also suggested that since the ordinance does not include a definition of "nuisance", then the Abatement Procedures should replace "nuisance,, with "violation of Ordinance No. XX." Oscar Law, referring to page 7, suggested that the ordinance allow the grandfathering of all existing recreational vehicles. Red Calkins concurred that the definition of "Blighting conditions" should be deleted. He also concurred with Mr. Gravdahl's suggestion to change the GVW to 10,000 pounds. Gary Neely inquired if the Commission will be addressing his suggestion regarding freeway oriented signs. Chair/Meyer explained. that the appropriate time for the Commission to respond to comments made on issues not relating to matters on the agenda is during Commission Comments, at the end of the meeting. Gary Neely expressed his opinion that the draft Property Main * tenance Ordinance should be completely thrown out. However, assuming that it is to remain, he made the following comments-: delete 'the definition of "Blighting conditions" on page 3;. redefine "Driveway" on page 5; expand the definition of "Yard", on page 5, to include consideration of flag lots; define a !'pedestrian access way" as indicated on page 7, item A; define "debris" as indicated on page 6, item A; clarify the concept "side yard" versus "side yard that abuts the street; expand the definition of "aesthetically similar" as indicated on page 10; include Diagram A in the document regarding the definition of "yard"; and delete the reference regarding maintaining irrigation systems, indicated on page 9 since it is not the City's business. Al Rumpella, residing at 23958 Golden Springs, referring to the draft Abatement Procedures,he made the following comments: item 3, under Hearing Notice, page 2, should be amended to indicate "certified mail"; replace "Code Enforcement Official" as indicated on page 2, under Extension of Time To Perform Work, with "Hearing Officer" since the hearing officer is the decision maker As indicated in item (c) Order of Abatement; delete the mention that the hearing shall February 14, 1994 Page 8 be noticed, as indicated on page 6, under Account of Abatement Costs item (A), because it is not appropriate to disclose the violator and --the violation; delete item (B)- -under Right of Entry, on page 8, and replace it with the District Attorneys definition as outlined in the letter dated June 28, 1993; and rewrite the first sentence, under Continuing violations, page 8, to read "It shall not constitute a new and separate. ,offense... 11. Referring to the Ordinance, Mr. Rumpella made the following comments: delete "Blighting conditions" on page 3; allow 30 days to fix minor repairs, as indicated on page 6, item B; for consistency, delete the word "weeds" from item B, under Storage, page 7; delete mention of "screening", under Motor Vehicle Parking item A; delete "two such vehicles", indicated in'item b, under Motor Vehicle Parking, on page 8, because some homes have three car garages and bigger families; and delete mention of the "irrigation system" indicated under Landscape Maintenance, on page 9. Oscar Law, referring to the Abatement Procedures, suggested that a registered owner be notified by certified mail that the property be maintained within a reasonable period of time, or the City will take care and add the cost to the property tax bill. There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Planning Commission for consideration, followed by a recess. RECESS: Chair/Meyer recessed the meeting at 8:25 p.m RECONVENE: Chair/Meyer reconvened the meeting at 8:47 p.m. The Planning Commission discussed if the Property Maintenance Ordinance would amend the Building Code or the Zoning Ordinance. ICA/Montgomery stated that, at this time, the Property Maintenance Ordinance can be placed in the Building.Code. Chair/Meyer stated that, as.another option, after adoption of the General Plan, the Property Maintenance Ordinance could be used as a potential amendment to the Zoning Ordinance, since it refers to zoning aspects. The Planning Commission concurred to review the draft Property Maintenance Ordinance page by page. The following is a summarization of the changes Commission:' Section 22.54.010, as, concurred by the Planning February 14, 1994 Page 9 page 2 Rewrite the first part of purpose . and Intent,, to read, "The lack of property maintenance contributes to the deterioration of residential, commercial and industrial' properties including structures, landscaping and improvements thereon.... Such a deterioration may lead to an overall decline... further, deteriorating conditions of property contribute to the creation of conditions..,." ,page 3 The Planning Commission concurred that the issue regarding financial abilities will be addressed during the Abatement Proceedings. page 3 Rewrite the last sentence, under Purpose and Intent, to read, "...,while concurrently providing a useful property maintenance enforcement tool to be utilized when notification of responsible parties have failed to prevent or eliminate the conditions described herein." Section 22.54.020 page 3 - Delete "Blighting conditions" in itO's entirety. As suggested by ICA/Montgomery, the Planning Commission concurred to. replace the definition of "Blight" with the definition of "Nuisance" as defined by State law. Section 22.54.030 page 5 Rewrite the definition of driveway (a) to read; "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private property." Rewrite item (b) to read, "A private roadway providing access to a street or highway and off street parking facilities." Section 22.54.040 page 5 - Include Diagram A to reference the definition of yards. Include a definition of flag lots in the definition of Yards. Section 22.54.060 page 6 - Amend the -last sentence of item (b) to read 11 .... that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) February 14, 1994 Page10 days as approved by the Hearing Officer. This change will allow an opportunity for an individual to explain any special circumstances. Section 22.54.070 page 7 - Delete the entire section, A and B, in it's entirety because section 22.54.050, on page 6, defines thestorage. of front yard/side yard abutting a street. Therefore the definition of storage side yard not abutting a street is not needed. The purpose of the Ordinance is to keep things off of the front yard, not the side yard. Section 22.54.080 page 7 - Delete the statement, "if screened from public viewle. . Delete the phrase "including the City's Planning and Zoning Code" because it is redundant. page 8 - Include -a definition of commercial vehicle as stated in the Vehicle Code. Per the advise of ICA/Montgomery that it may be.easier for the City to enforce the posted GVW for parked vehicles because the weight of a parked vehicle can't be determined without a court order, the Planning Commission concurred to amend item B to indicate the minimum use of the gross unladen weight of three tons and a maximum of 10,000 pounds actual weight. page 8 Include a definition of commercial vehicles to address Item B to ensure that not more than' two commercially used vehicles are parked or stored on any single-family lot or parcel. The Planning Commission concurred that existing recreational vehicles and commercial vehicles will not be exempt from the provisions. Section 22.54.00 page 8 - Rewrite the structures designated maintained nuisance." section 22.54 .100 first sentence to read, "All buildings, and paved areas within any lot or parcel as single-family shall be kept and in a manner not to constitute a public page 9 - Rewrite the entire section to read, "All landscaped areas within any - lot or parcel designated as February 14, 1994 . Page 11 single-family 'shall be. kept and maintained in a manner so as not to constitute a nuisance. Landscaped areas shall be kept in a manner so as not to constitute a nuisance. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working conditionnotto constitute a threat to public health or safety." Section 22.54.110 page 10 - Delete examples, 1 through 5 from Section A, and rewrite the first sentence to read, "All fences and walls upon any lot or parcel designated as single- family shall be kept and maintained in a manner so as not to create a - public nuisance. 11 Rewrite section B to indicate that the. fences and walls must comply with Building Code provisions so as not to impose a.risk to health'and safety. C/Flamenbaum requested staff to address parking of trailer homes in motor home parks in regards to section 22.54-150, on page 12, item A. Staff noted that most of the provision is preempted by State law in the mobile home parks. The Planning Commission directed staff to ensure that the Multi -family section comply with the rest of the document. C/Flamenbaum, referring to Commercial Standards, inquired how a local automotive repair shop will maintain the scrap yard in a neat and organized manner. The Planning Commission concurred on the following changes: Section 22.54.210 page 16 - A fully screened storage yard, in the back,. is exempt.' section 22.54.230 page 17 - This section does not apply to single-family residences, and it should be tailored to the present section, as well as address public nuisances. Section 22.54.250 page 18 - It should address public nuisances. February 14, 1994 Page 12 Section 22.54.260 page 19 - Add a provisi ' on that private property open to the public must be maintained_ manner.' main - - -,- I- __ _. _ � �d ,in __a safe and sanitary The Planning Commission concurred that the following issues should be addressed 'in the Abatement Procedures: 0 Provide for a preliminary informal I notice, such as a warning notice. 0 Provide for a mediation process. 0 Provide a certified mail provision for notification. .0 Provide stern enforcement for health and safety issues. 0 Provide a slow type of enforcement procedure for common problems such as unmowed lawns, vehicles under repair, and boats stored in the yard, to include personal notice, a letter, and then . offering mediation before citing the person. 0 The appeal -process should proceed from the Planning Commission on to the City Council. 0 the mediation process and abatement process should include consideration of economic problems -or other constraints at a hearing before a zoning administrator, Community Development Director, or appropriate individual. 0 The City Manager, or his designee, is the ultimate responsible administrative personnel, thus eliminating mention of the Code Enforcement Official. 0 Provide for heavy fines to address commercial/ industrial owners. 0 The initial hearing is applicable for residential as well as for commercial owners. Moved by C/Grothe, seconded I by C/Flamenbaum and carried unanimously to direct staff to prepare resolutions of approval for the next meeting, making all the Appropriate changes to the documents. Gary Neely pointed out that the Planning Commission did not address the following 'items: definition of debris as indicated on page 6, storage in the front yard; a clear definition of "abutting the street"; definition of what "a pedestrian access way shall be maintained on one side yard" means, as indicated on page 8; and define "periodically resurfaced or resealed", as indicated on page 20, the last sentence before industrial standards. PUBLIC HEARINGS: 4. Conditional Use Permit No. 94-1 February 14, 1994 Page 13 CDD/DeStefano reported that it is recommended that the Planning. Commission continue the Public Hearing for Conditional Use Permit No. 94-1 to the meeting of March 14, 1994. Chair/Meyer opened the public hearing and invited those wishing to speak to come forward. There being ' no one in the audience wishing to speak, Chair/Meyer returned the matter back to - the Planning Commission for consideration. Moved by C/Grother seconded b . y C/Flamenbaum and carried unanimously to continue the public hearing to the meeting of March 14, 1994. ANNOUNCEMENTS': CDD/DeStef ano made the following statements: the General Plan revision process is successfully moving forward; and all of the City's Commission Positions -come up for reappointment consideration tomorrow at the City Council meeting. C/Flamenbaum suggested that the Planning Commission communicate to the City Council economic development team to discuss the possibility with the businesses in the Brea Canyon/Colima Springs commercial area to have one single off site sign for identification purposes, as suggested by Mr. Neely. He then suggested a revisit of the Sign ordinance. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 10:07 p,m. Respectively, James DeStefano Secretary Attest: David Meyer Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 9 February -24, 1994 February 28, 1994 Planned Sign Program No. 94-1 Construction of a 6 'ft. 24 sq. ft. freestanding sign for a. wholesale nursery. 20875 Golden Springs Drive, Diamond Bar, CA 91765' Emilio Estrada, 14122 Don Julian, La Puente, CA 91746 On February 14, 1994, the Planning -Commission directed the staff to prepare a resolution of denial for the proposed 6 ft. freestanding sign at 20875 Golden Springs Dr. The applicant was not present at the Commission meeting. Upon notification of the Commission's direction, the applicant indicated a desire to redesign the sign in the hope that the Commission would reconsider the matter. As of this writing, the applicant has not provided staff with new drawings for review. RECOMMENDATIONS: Staff recommends that the Planning Commission review and consider adoption of the Draft Resolution of Denial. PREPARED BY: Robert L. Searcy Associate Planner ATTACHMENTS:. Draft Resolution of Denial Previous Staff Report and resolution from Feb. 14, 1994 1 PC RESOLUTION NO. 94 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING PLANNED SIGN PROGRAM No. 941, AN APPLICATION TO CONSTRUCT A 6 FT., 24 SQ. FT. FREESTANDING SIGN FOR A NURSERY LOCATED AT 20875 GOLDEN SPRINGS DR. AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Simon Chu acting as the agent for the applicant Emilio Estrada, 14122 Don Julian, La Puente, California 91746, has filed an application for a Planned Sign Program No. 94-1 for a wholesale nursery ;located at 20875 Golden, Springs Dr., Diamond. -Bar, Los Angeles County, California, as described in the title of this Resolution.' Hereinafter in this Re- solution, the subject Planned Sign Program application is referred to as "Application". (ii) On April 18, 1980, the City of Diamond Bar was established as -a duly Organized municipal organization of the State of California. On , said date, pursuant to the requirements of the California .Government Code Section 57376,'Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles . County Code contains the Development. Code of the County of Los Angeles now currently applicable to development applications, including the subject ect Application, within the City of Diamond Bar.. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant .to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On February 14, 1994, the Planning Commission of the City of Diamond Bar conducted review of the application and concluded said public hearing on February 28, 1994. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is. found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 2. Based upon the findings and conclusions set forth herein, this Commission, in conformance with.the objectives of the contemplated General Plan of the City of Diamond Bar hereby finds as follows: (a) The .project relates to a site of approximately on 1.27 acres developed with a wholesale nursery within the C -3 -BE (Unlimited Commercial, Billboard Exclusion) Zone. (b) Generally, to the north is the SR 60 freeway; to the south multi -family residential development, to the west is vacant extension of the subject site and .an existing commercial office, and the eastern property is developed with commercial retail development. (c) The subject site for the project is adequately served by Golden Springs Drive. (d) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed, is not in conformance with the future General Plan. (e) This project is not in compliance with the aesthetic intent and the intent to grant compatible signs for commercial uses pursuant to the Section 22.100. B of the Sign Ordinance. (f) Approval of this project as proposed will have an adverse impact on adjacent or adjoining residential or commercial uses. It may be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and may adversely affect the health or welfare of persons residing in the surrounding area. 3. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1 and 2 and the findings set forth below in this Resolution, presented to the Planning Commission on February 28, 1994 and concluded the public meeting on February 28, 1994 as set forth above, the Commission, hereby - denies the application as submitted: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by .certified mail, Simon Chu and Emilio Estrada at the addresses on file with the City. 2 APPROVED AND ADOPTED THIS TBE 28TH DAY OF .., BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. IM David Meyer, Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of February, 1994, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN:. [COMMISSIONERS:] ATTEST: James DeStefano, Secretary K AGENDA ITEM N0. Z DATE: February 10, 1994 TO: Chairman and Planning Commissioners FROM: Robert Searcy, Associate Planner RE: PLANNED SIGN PROGRAM No. 94-1 Pursuant to the Sign Ordinance, all freestanding signs require approval by Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a nursery. The project is located on Golden Springs Dr. adjacent, to the SR 60 freeway on the long undeveloped parcel south of the freeway .and north of Golden Springs Dr. The parcel is between Banning Way and the Brea Canyon Road off -ramp. The nursery is in the C-3 Zone and is a land use allowed as a right of zone. The nursery is primarily a holding area where whole sale transactions take place. The nursery has not been approved for retail sales under the current approval. There are no structures on the site although there is a security'fence surrounding the project. The sign for the use is a "V" structure sign proposed for a location on the Golden Springs Dr. frontage. The sign is proposed as an unilluminated sign displaying the business name and phone number. The sign will be constructed with 1/2" plywood supported by 2"X 4" frame on 4"X4" posts. The sign will be located approximately 10 ft. from the right-of-way on the front property line. No other signage is requested as a part of this request. Freeway oriented signs for this use are not allowed. Staff Recommendation: Staff recommends that the Planning Commission approve the freestanding sign at the location and size requested by the applicant. ATTACHMENTS: Application Site Plan Sign Plan go ;1 A. A. Recitals (i) Simon Chu acting as the agent for the applicant Emilio Estrada, 14122 Don Julian, La Puente, California 91746, has filed an application Planned No. 94-1 for a wholesale nursery located at 20875 Gold " for a ann Sign Prog ram Golden Springs.- Dr., Diamond Bar, Los. Angeles. County, California, as described in the title of this Resolution. Hereinafter in this Re- solution, the subject Planned Sign Program application is referred to as "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant, to .the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan.. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of California Government Code Section 65361. (iv) On February 14, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing, on that date.* (v) All, legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals; Part A, Of this Resolution are true and correct. (c) This grant shall not be effective for .any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. (d) ' It is hereby declared that and made a condition of this permit that if any condition hereof is violated, ''or if any law, statue, or ordinance is violated, the approval. may be revoked; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Simon Chu and Emilio Estrada at the addresses on file with the City. APPROVED AND ADOPTED THIS THE 14TH DAY OF FEBRUARY, 1994 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, David Meyer, Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, . passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of February, 1994, by the following vote: AYES: [COMMISSIONERS:] NOES: [C0MVIISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ATTEST: James DeStefano, Secretary 3 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: James DeStefano, Community Development D SUBJECT:11 Zoning Code Amendment No.. 93-3. - Pr perty Maintenance ordinance pert DATE: February 25, 1994 On February 14, 1994, the Planning Commission 'continued the public hearing on the Property Maintenance Ordinance (PMO). in order for staff to revise the Draft PMO making all appropriate changes. Staff recommends the Planning commission review the revised Draft, make appropriate changes, and forward the PMO to the City Council. JDS: mco Attachment: Draft Property -Maintenance ordinance dated February 4, 1994 Draft Planning Commission Resolution r i RESOLUTION No. 94 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL or THE CITY OF DIAMOND BAR ADOPT. AN ORDINANCE WHICH ESTABLISHES A PROPERTY MAINTENANCE ORDINANCE (CASE NO. ZCA 93-3) A. Recitals. (i) The City Of . Diamond Bar has determined that existing County Codes applicable to the Property Maintenance Standards within the City of Diamond Bar fail to provide standards suitable and appropriate for the'City. (ii) The City Council has charged the Planning Commission with development of a Property . Maintenance Ordinance which constitute and establish standards I for the City* which satisfy the. aspirations and expectations, of Diamond Bar. (iii) The Planning Commission has reviewed the proposed Property Maintenance Ordinance at public hearings held . October 11, 1993, December 1 13, 1993, January 24, . 1994, February . 14, 1994 and February 28, 1994.. The Commission has duly considered public testimony presented at the hearing, as well as technical analysis provided by City Staff. (iv) The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Property Maintenance Ordinance attached hereto as Exhibit and incorporated by . reference into this Resolution satisfy and exemplify the goals and needs of the community. The Planning Commission has duly considered the issues related to property maintenance so as to provide maximum benefit and minimum detriment to the community. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. BE IT RESOLVED by the Planning Commission of the City. of Diamond Bar as follows: 1. In all respects. as set forth in paragraph A, Recitals, as set forth hereinabove. 2. The Planning Commission hereby recommends that the City Council adopt the Property Maintenance Ordinance for the City of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by reference. 3. The Planning Commission finds and determines that the ordinance. proposed by this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Sections 15305 of Division 6 of Title 14 of -the California Code of Regulations. 4. The Planning Commission finds and determines that in accordance with Section 65361 of the California Government Code that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan of the City of Diamond Bar. 2 5. the Secretary of the Planning Commission is hereby directed to certify to the adoption of this Resolution and is further directed to promptly submit the recommended Property Maintenance ordinance . to the City Council for their review and consideration. PASSED, ADOPTED AND APPROVED THIS 28t . h of February, 1994. Chairman James DeStefano,, Secretary of the Planning Commission I of the City Of Diamond Bar, do hereby certify that the foregoing Resolution' was passed, adopted and approved at a regular meeting.of the Planning commission of the City of Diamond Bar heldonheld on the 28th of February, 1994, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] , Secretary to the Planning Commission EXHIBIL A - ORDINANCE No. _ (1994) Revised Draft 2-24-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES, COUNTY CODE BY ADDING A NEW CHAPTER 22-54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, o' n that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof, pertaining to planning . and Zoning Regulations for the City of Diamond Bar. (ii) The Planning Commission of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, And has recommended the adoption of the Ordinance set forth below.' .(iii) The City Council of the City of Diamond B I ar has heretofore conducted and concluded a duly noticed public hearing, as required by law, with respect to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City of Diamond Bar does ordain as follows: Aall —I. In a 1 respects as set forth . in the Recitals, part A, of this Ordinance. jt9-t_ion 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Enviromental , Quality Act of 1970,.as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the. California Code of Regulations. .Section 3. A new Chapter 22.54 is hereby added to Revised 2-24-94 ammffl!dby double underline 1 Title 22 of the Los Angeles County Code as amended r- `--ted b !h&=2jjXj==to read, in words and figures, as follows: Part i PURPOSE AND INTENT Sections: 22.54.010 Purpose and Intent The lackof property maintenance-}. contributes to the deterioration of residential, commercial and industrial properties, including structures, landscaping and .improvements thereon, and a resulting decline in property values -within the City of Diamond Bar. Such deterioration has ma lead to an overall decline of aesthetic " ==�==. _y quality within the City including the quality of the.appearance,og residential, commercial and industrial neighborhoods. Further, deteriorating conditions of property May contribute to the creations of conditions adverse to the public health, safety and welfare. Est . ablishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in the City of Diamond Bar, and will further serve to minimize the Revised 2-24-94 Chan es noted by double underline 2 Chapter 22.54 PROPERTY MAINTENANCE STANDARDS Parts: I. Purpose and Intent Definitions 3: Single -Family Standards 4. Multifamily Standards 5. Commercial Standards 6. Industrial Standards 7. Abatamtzni-res Part i PURPOSE AND INTENT Sections: 22.54.010 Purpose and Intent The lackof property maintenance-}. contributes to the deterioration of residential, commercial and industrial properties, including structures, landscaping and .improvements thereon, and a resulting decline in property values -within the City of Diamond Bar. Such deterioration has ma lead to an overall decline of aesthetic " ==�==. _y quality within the City including the quality of the.appearance,og residential, commercial and industrial neighborhoods. Further, deteriorating conditions of property May contribute to the creations of conditions adverse to the public health, safety and welfare. Est . ablishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in the City of Diamond Bar, and will further serve to minimize the Revised 2-24-94 Chan es noted by double underline 2 creation of conditions which pose a risk to the Public health, safety and welfare. It is the intent of the City Council of the city of Diamond Bar, in adopting this Ordinance, to be sensitive to the needs of financially and/or physically disadvantaged residents, while concurrently providing a u . seful property maintenance -enforcement tool to be utilized when it e I-, notification _.p loarties and attempts to prevent or eliminate the conditions described herein have proven ineffective. Sections• 22-54.020 2,-.54.030 2 � . �5F. _�04 o 22.54.050 22.54.060 22_.54.076 22.54.08 Part 2 DEFINITIONS Revised 2-24-94 Chanees noted by double underline 3 Revised 2-24-94 Chan es noted by double underline DEFINITIONS Revised 2-24-94 Chan es noted by double underline Lc-) Jknv v;qrir%^r%i .22-54-070 Driveway (a) That. Of way between ARM. Motor vehicles enter or leave property. ion of the road right onto pri — va (b) A private roadway providing access to a street, .@t highway oarkina facilities. 22-54-080 Yard (a) "Front yard" means a yard extending across thefullwidth of a lot between the front lot line and any main building,including the projection of the main building to the side lot lines'.(See Diagram A) (b) "Side yard" means a a yard I extending from the front yard to the rear yard between the side lot line, and any main or accessory building. In the case of a side yard abutting a street, the side yard isconsideredas extending from the front 'yard to the rear lot 1l;ne.(See Diagram A) (C) "Rear yard means a yard extending across the full width of a lot between the rear lot line and any main building, including the projections of the main building to the side lot lines except as noted in 2 above.(See Diagram A) Part 3 .Sections: 22.54.100 Scope. 22-54. . 110 Sto'rage--Front yard/side-yard . abutting a street. 22.54.120 Motor vehicle parking. 22-54.130 Building maintenance. 22.54.140 Landscape maintenance. 22.54.150 Fence and wall maintenance. Revised 2-24-94 Chan es noted by double underline 6 22-54.100 SCOpE The standards Specified in Part 2 shall applto y all lots or parcels within the City designated as single- family, and shall govern over any inc . onsistent, less stringent provisions contained in this Code. street. 22.-54.110 Storage --Front Yard/side yard abutting a from an A. The entire front yard, and side yard visible adjacent street Or sidewalk, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash Storage receptacles, inoperative Motor vehicles, boats, camper shells,discarded or broken materials, appliances, furniture, junk, equipment or similar materials. B.. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parce may be conducted on anotherwiseoperative motor vehiclel- upon a paved driveway or Pavedparking area; provided, however, that such emergencyorminor repair shall be concluded within ten.(lo) I consecutive days Of the commencement thereof or a to thirty r30 discretion A and B C• Notwithstanding the provisions Of subsections of this section, a side yard abutting a street shal be t l I treated the same as a rear yard to long as the side yard abutting'a street is screened from public approved wall or fence. view by an Revised 2.24_94 Chanties noted �� .7 22-54-120 Motor Vehicle Parking A. All parking Of motor vehicles, including recreational vehicles, on a single-family lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is I in compliance with all applicable codes ing, 1401i tP tlFf 0 1: ftfti=;;� within the front yard or side yard abutting a street, or within the side yard or rear yard, '.0 ;-.—.If parked on a side yard, aD.9pen pedestrian AR In! 22;:, —walkway of a width of not less than 3611 shall be maintained npigg: A for nllhl 4 c -40 -4 --access nurnoses - 22.54.130 Building Maintenance . . All buildings, structures and paved areas within any . lot or parcel designated as single-family shall be kept* and maintained in'a manner so as not toCO tute A=LQlic nuisance or a nuisance =gftK=gg=,, 2-2:1FIE Revised 2-24-94 Changes noted by double underline 8 z;ZAll such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all Of the same display evidence of exterior dilapidated conditions. 22.54.140 Landscape maintenance All landscapedareaswithin . any lot or parcel designated as single-family shall be kept and maintained in a manner so as not to constitute -_public nuisance or Landscaped areas shall be kept in neat and clean condition, free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. i -Off Z21i&ae in landscaped areas shall b . e . mowed, groomed,.triihmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be ]JIMIS in: gm We Flit: en:: maintained in such a manner as to prevent nublin hA*=i*i% or safety hazards 22.54.150 Pence and wall maintenance A. All fences and walls upon any lot or parcel designilted,as single-family shall be kept and maintained in compliance with all applicable codes And in a manner so as not to -n kmk�: f- - -- .. m no r e thk2tb224 constitute a vublic nuisance and to protect the health, safety and welfare of the user, occupant and the general public. Revised 2-24-94 Chan es noted by double underline 9 B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, Sections: 22-54.jjajj�60 22.54.4-34 ==17 0 22.54. -I -4-418o 22.54.j§Lj9O 22.54.368200 22 . 54 .+-7L0210 22.54.-1"220 22-54.128230 Revised 2-24-94 Chan es noted by double underline Part 4 MULTIFAMILY STANDARDS Scope-. Storage -Yards Storag6-Garages and carports Motor vehicle parking Building maintenance Landscape maintenance Fence and wall maintenance Maintenance of parking and similar areas 10 22.54.+-2-4160 Scope The standards specified in Part 4 shall apply to all lots -or parcels within the City designated as family, . and ' shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.33$170 Storage --Yards A ..The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk,* equipment or similar materials. All rubbish, trash and debris shall only be kept within approved trash enclosure(s). B. "Notwithstanding the provisions of subsection A of this 'Section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair.shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty AIIA% days as approved by the hparina officer. 22.54.1±a80 Storage --Garage and carports No . storage -of mat-erials,.including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance Revised 2-24-94 Cbanpes noted by double underline 11 tools, equipment, debris, inoperative motor vehicles, camper shell not mounted on motor vehicles or boatsandtrailers shall be permitted Within any garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. 22-54.1:5�90 Motor vehicle parking A. All parking Of motor vehicles on a multifamily lot or Parcel shall occur within a garage, or carport, or upon a driveway or other Paved parking area which is in compliance with all applicable codes. B. No person shall park or store any =commercial .=.vehicle, trailer or related equipment for aAX period "et—0 .ed in wvt_,mms of 72 hours exceptA @ tens. ef ini, teft-We4#wt- -, -,1114 provided that no more than !_ three such permitted vehicles maybe parked on any such lot or parcel Ltanv one time. 22.54-112�200 Building maintenance All buildings, structures and paved areas within any lot or parcel designated as multifamily shall be kept . and maintained in a manner so as not to constitute = r%iiii4c nuisance or nuisance Ler se. Revised 2-24-94 Chan �notedy _b i double underline _ 12 RtthjjAll such buildings, structures and paved areas shall be deemed substandard and in ViolationOf this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54-± 210 Landscape maintenance All landscaped areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to conAtifivi-m a public nuisance or nuisance joer Landscaped areas shall be kept -in a neat and clean condition, free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kzeis, sxp maintained in such a manner as to gr health or safety 1—jazards- 2 2. 5 4 -6842 2"'.0 Pence and wall maintenance A. All fences and walls upon any,lot or parcel designated as single-family shall be kept andmaintainedin compliance with all applicable codes and in a manner so as not to fE 1:11:1:1:1 re,1 ::1:11:11 constituteic nuisance lnuis and to protect the 1c, 'Revised 2-24-94 QEMSEnoted by double underline 13 health, safety and welfare of the user, occupant and the general public. P. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, U- 22. 54.+" 23 0 Maintenance of parking and Similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any . lot or parcel designated as mutifamily shall be kept and maintained so -as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, Revised 2-24-94 Chan es noted �b�_ double underline 14 cracks and/or broken areas. parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become fade . d, damaged I or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. Part 5 COMMERCIAL STANDARDS Sections: 22.54.26440 Scope. 22.54.2-1-050 Storage in yards.' 22.54.2366.0 Motor vehicle parking. 22.54.2447 22Q Building maintenance. .22.54 ' 28o Landscape maintenance. 2254.25690 - 22:54-jjR,300 Fence and wall maintenance Maintenance of parking and similar areas. 22.54..22&40 'Scope. Th . e standards specified in Part 5 shall apply to all lots or parcels within the City designated as commercial, and shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.23-250 Storage in yards.. All storage within front and side yard areas approved by the City or Permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 22.54.23:660 -Motor vehicle parking All parking of motor vehicles on a commercial 1,* Revised 2-24-94 Chanees noted by double underline 15 or parcel shall occur upon a paved parking area which is in compliance with all applicable codes. 22-54-2j:970 Building Maintenance All buildings,' structures and paved areas within any lot orparcel designated as commercial shall be kept and maintained in a manner so as not to detract from the neighborhood and to protect the health, safety and welfare of the user, occupant a . nd general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of . this section when any or all of the same display evidence Of exterior dilapidated conditions. 22-54-24980 Landscape maintenance All landscaped areas within any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept -in a I neat and clean condition, free of weeds—, debris and dead, diseased or dying vegetation, and broken . or defective decorative elements of the landscaped area. in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in 'a healthy growing condition. Irrigation systems shall be kept i . n good working condition to prevent public health hazards. Revised 2-24-94 Changes noted by double underline 16 22..54.290-E� . Pence and wall maintenance A. All fences and walls upon any lot or parcel designated as commercial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to ne-q`�' constitute a public nuisance and to protect the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part,- shall be constructed of such materials, be 1111''1 III!j!j I C1 and i a X:11 III as permitted by the Buldina Code 22.54-j68300 Maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel Revised 2-24-94 Changes noted by double underline 17 designated as commercial shall be kept and maintained so as to not detract from . the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free Of Potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features and signs shall be .repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced . or sealed in order to minimize seepage of . water throughsuchareas into the ground below. Part 6 Industrial Standards Sections: 22.54 240310 Scope. 2 2 - 5 4 : Q-493 20 Storage in yards. 22-54.2=403j6 M. Otor vehicle parking. 22.54.4"340 Building maintanance, 22.54-444350 Landscape maintenance. 22.54-3-2-4360 Fence and wall maintenance. 22.54. ' 3-3 ..4.3.7.0= Maintenance of parking and Similar areas 22.54.Q4 . 0 31 0 The standards Specified in Part 6 shall apply to all lots or parcels within the city designated as ind* ustrial, and shall govern over any inconsistent, less stringent provisions contained in this code. 22-54.489320 Storage in yards Revised 2-24-94 Changes noted by A—ui- underline 1s All storage within . yard areas approved by the city or permitted by the zoning.ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or*owner of the business. 2.2-54.Z22;II30 Motor vehicle p arking All . parking of motor vehicles on an industrial lot or parcel shall occur upon a paved area which is in compliance with,all applicible codes. 22.54.328=3=40 Building Maintenance All buildings, structures and.paved areas within any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to constitute a public nuisance d.:j''' F1 In* "''b' such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. "22.54.32&5.0 Landscape maintenance All landscaped areas within any lot or parcel designated. as industrial shall be kept and maintained in a manner so as not to constitute a oublic nuisance or nuisance =r. se d e t r a e tz ........ .. . . .............. . . b I i Landscaped areas Revised 2-24-94 noted b Changes double underline 19 �_ �L. shall be kept in a neat and clean condition, free of wee -3 - debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. 4 Foliage in landscaped areas shall be mowed, 0FI.- groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall I be health or safety hazards. 22.54.3k 60 Pence and wall maintenance A. All fences and walls upon any lot or parcel designated .as industrial shall be kept and maintained in compliance with all applicable-cOdes and in a manner so as not to constitute a ublic and to protect. the health, safety and welfare of the user, Occupant and the general public. f it 2 B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such.materials, him*: Fma�: jmj � tie—same h �- as Permitted by the Buildlna Code 22.54.370 Maintenance of parking and similar areas All parking, loading', storage, driveway and vehicle maneuvering areas within any lot or parcel designated as industrial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect.the'health, safety and welfare of the user, occupant and general public. Such areas . shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, st- anding water - cracks and/or broken areas. Parking space delineation, pavement -striping and related features and signs shall*be repainted, refurbished and/or replaced when'the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be . periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. The Provisions contained within this section shall DroRerty oven to the Public Revised 2-24-94 Qmmmtdby double underline 21 RIL ram A ILLUSTRATION OF LOT LINE AND YARD DESIGNATIONS Street Revised 2-24-94 Chan es noted by double underline 22 Front Lot Line F--- • • C4 1 FRONT YARD • i }cz$� �rW1 ° i�l ° • • 4-4 ►� • • I 0 `' MAINi e .� w , BUILDING a Z � cd C -n cd r-► • do :b -- r� Q ' ----- - - - - —I � cl ao ° • i $ i REAR YARD 0 a o • ► V . . • p Rear Lot Line Revised 2-24-94 Chan es noted by double underline 22 sections: 22 .54 - �400 Part 7 ABATEMENT PROCEDURES Procedures for Abatement of Public Nuisances Appeals Abatement of Public Nuisance by 'the city Abatement of Imminently Dangerous Public Nuisance Account of Abatement Costs Procedure for Special Assessment' Hearing on Proposed Assessment Abatement. Contest of.Assessment Notice of Lien Procedures for Collection with Regular Taxes Remedies of Private Parties Right of Entry continuing Violations Penalty for Violation Injunction Severability Procedures for -s-atement or -Dublic nuisances. Whenever the Gff 4, el-*� designee has inspected or caused to be I — Cit Mana eror has determined that inEpected an an unlawful condition constituting a ublic property and ig p nuisance exists thereon, the Code Enforcement Official may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to reire im, repair isolation, the procedures setquforthmindiate tiTisremovalordinance mabeor used by the Code Enforcement Official. y (A) HEARING NOTICE 1. Where the Code Enforcement Official date ri fines that t4i-e a=p=ub1=i. ====== _ === c nuisance exists/ 77e0l=hall so dv Itet . ....... 4:'Easss :1,1:1,�J:! S 111:311, :: I - E I .......... 4-=-11 21!21 H� the owner(s), agent, lessee, occupant or person(s in possession of the affected properties as shown on the latest equalized tax assessment role) and shall ev-- not less than 7 daltrs written notice by mailing the same to theowner's address as indicated thereon, and further, Within the same time period, by conspicuously Posting on the affected property, building or structure a copy of the notice. 2. Both the oral and written notice shall indicate the Revised 2-24-94 aamm!sdby double underline 23 nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same cohsti- nuisance, and constitutes a the manner of its proposed abatement if the same is found to be a nuisance. 3. The written notice and order of abatement shall be served on every party by certified - the failure of any person � t=efflthM mail; however, affect the validit'--- - to receive a notice ---shall not Y of any proceedings under.this chapter. (B) CONDUCT 1. The hearing to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized representative, who shall act as the Hearing Officer.. The Hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code Of Civil Procedure Section 2093(a). 3. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. All witnesses are subject to cross examination. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. 4. The decision of the Hearing officer shall be final and conclusive in the absence of an appeal as provided in this chapter. (C) ORDER OF ABATEMENT . The Hearing Officer shall, within five working days of the -hearing, give a cOPY of the written notice.of his decision by r =2ffltjft certified =rti J= = e= ===d mail to the owner(s) and a copy to any other person requesting the same. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner(s) of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its Revised 2-24-94 Changes not double underline =g _ 24 abatement.ritjra of the review, agr�escr�jbed in C") C21 -N Ao period of limitation for ici Udd ddecinion. . (SE? shall -' be nrbul A�l , 4-U' t- exnl)Dlt - A for a sample form of note. (D) EXTENSION OF TIME To PERFORM WORK. Upon receipt of a written request from . any person required to comply with the notice and order, the Qede ,:--e----W--1 er- Hearing Officer may grant m within W-- no ln hT of t I h an extension to complete the abatement, if the Qed _e an extension time M=S_Officer determines that such will= of LII not create a situation imminently dangerous to life or property. The Code Enforcement Official shall have the authority to place reasonable conditions on any such extension. The mpAi-inm Revised 2-24-94 Changes noted by doubleunderline25 Exhibit "A" Example of Notice "NOTICEORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN. POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the Cit of Diamond Bar, Los Angeles County, California, on premises described as LOT commonly known as ,BLOCK _, TRACT _, and YOUR ATTENTION IS HEREBY DIRECTED to the provisions of City of Diamond Bar, California. on file in the office of the City Clerk in the City Hallf the Municipal Code of the Pursuant tothe provisions of .'you are hereby notified that the violations consist of ESCRIPTION OF JIM AUMTTT C NDITI N You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNLAWFUL CONDITIONS) Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right-of-way or sidewalk is to be cleaned or otherwise protected. You are advised that any persons) holding record title or having any interest in the property may appeal from this notice and order, or any determination of the Hearing Officer to the City Planning Commission within ten days from the date of service of this notice and order. Written notice of such appeal must be- filed in the office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final. You are further advised that this notice and order may be recorded against the property in the Office of the County Recorder. DATED: This day of 19_ Hearing Officer Revised 2-24-94 Changes noted by double underline 26 22.54.410 Appeals. Within ten days after the date of service of the notice and order described above, the owner(s), agent of the owner, lessee, occupant or person in Possession of the property who may have been served with a notice and order, or any person interested in the such notice and order, may aproperty affected by ppeal.to the Planning requirements Of such notice and order. Such aCommission as to the ppeals shall state the objections of the person filing the appeashall bel, sin writing, hall b filed with the Planning Commission Secretary within the time specified herein, andshallbe presented to the Planning Commission by the Planning Commission Secretary at its next regular.meeting. The Commission shall thereupon proceed to hear and act uponPlanning the appeal. The Planning Commission shall, by resolution, determine whether the Code Enforcement Official.shall proceed in accordance with the notice and order as given, or as modified by the Planning Commission, or not at all, and its decision thereon shall be final and conclusive be 'continued by the Planning Commission from time to t - The hearing may necessary. The &C—tion of the Plnnn4"time as it deems" Limitation of filing Judicial action. -Anyow-ner(s) or other interested' person having anle objections - K)re P FMFI i XJ4=41--m-� yAl %L%A.L-Lag Lne abatement afany -public nuisance under the provisions of this Chapter must bring -an action to contest such decision within ninmy go days after the date of . �t_�_ such decision of the Planning cossioOtherwise, all objections to such decision shallbe'deemed waived. .12-54-420 Abatement of ",vu,4- nuisance-,, br the cit (A),If the owner(s)'' agent of the owner, lessee, . occupant, -0—tilt-YI or person in Possession of the property who may be served with a notice an I d order shall fail to take action as required by the notice and order within the time therein specified, or as extended by the Planning Commission, and in accordance with the provisions of this Chapter, the Code Enforcement Official shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the CodeEnforcementOfficial, be performed by city forces &K2&2c=t or he City prosecutor ===r o =. rby a private contractor engaged by the city provisions of this code. pursuant to the C (C) Notwithstanding compliance with the notice and order, the owner(s), and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered pursuant to this Chapter. Revised 2-24-94 Changes noted by double underline 27 22.54.430 abateffient of iatminentl dancrerous public nuisances. Whenever the City Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition Must be immediately removed, repaired or isolated, the Code Enforcement official shall notify all appropriate public safety agencies and implement the following procedures: (A) NoticeI . The -Code Enforcement Official shall attempt to make. contact thr I ough a personal interview, or by telephone, with the owner(s) of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the Code Enforcement Official shall notify such itperson, or persons the danger involved and require that such condition be immediately, of removed, repaired or isolated so as to preclude harm to any person or property. (B) Abatement. IftheCode Enforcement official is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement official, do not take action within such time as may be specified by such Official, then the Code Enforcement Official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use Of City or other ublic or tivate forces or a city lorosecut-- or contractor engaged pursuant0 the provisions of this 2,2.54.440 account Of absktamavk* (A) The Code Enforcement Official, in con . junction with the finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the city arising as a consequence of the nuisance, clerical and administrative costand public procedures associated with collectingmoneys due hereunder. , (B) upon completion of the abatement work, the Code Enforcement Official shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persops entitled to notice pursuant to this Chapter. 'Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the See Clerk .2-2-54.450 Procedure for special assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing and passing upon the report. The Planning C . Ommission Secretary shall cause notice of the proposed assessment, as Revised 2-24-94 Changes noted by double underline 28 set forth in the report, to be given to the owner(p) in the manner specified her ' ein. Such notice shall contain a description Of the property sufficient to enable the Persons served to identify it, and shall specify the day, hour, and Place when the Planning Commission will hear and pass upon the report, together with any objections or protests which may be raised by any persons liable to be assessed for the costs.of such abatement. Notice of the hearing shall be given not less than fifteen. (15) days prior to time fixed by the Se r-a*--wey. n-, or the hearing, andshall also be published�once, at least fifteen da s prior to the date of the hearing, 1n,**a newspaper of general circulation Published in the eeZe g5�0m�munity. (B) Protests. Any interested person may file a written Protest with time set- Cit at any time prior to the for the hearing on the report of the Code Enforcement Official. .Each such protest shall contain a description of the property in which the person signing theP rotest is interested and the grounds Of such protest. The Planning commission Secretary shall endorse on'every such protest the date and time of filing, and shall present such protest to the Planning Commission at the time set for hearing. 22.54.460 Hearing on ------ed special assessment. .Upon the day and hour fixed for the hearing, the Planning Commission shall consider the report of the Code Enforcement official, together with any protests which have been filed with the Planning Commission .Secretary. The Planning Commission may make such revisions, corrections, or modifications in the report as it may deem just, and when the Planning Commission is satisfied with the correctness of the assessment, the report and.the proposed assessment, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the Planning Commission on the 'report and the assessment and on all protests shall be final and conclusive. The Planning Commission may continue the hearing from time to time as it deems necessary. .��2.54�.47Q Contest of sna-4mi .--@.ssment- ........... , The validity of any assessment levied under the provisions of . this chapter shall not be contested in any action or Psuch action or proceeding is commenced within thirty daysroceedinafterg theunless assessment is confirmed by resolution of the Planning Commission. All in+-ov-mcl*sA Persons shaii ),- —,— - — - 22.54.480 Rotice of "M and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission'the -d+reeter- Cit Clerk shall execute and file.in the Office of the Los Angeles County Recorder a certificate in substantially the !2jj2MjM form set forth == in Exhibit B. Revised 2-24-94 Chan�¢es noted by double Lunderline 29 Exhibit B Examtile of Notice 1 Pursuant to the authority vested in the Code Enforcement Official by the provisions of the Diamond Bar Municipal Code, on or about the _day of 19 of real property commonly known as (address) abated the public nuisance upon the by �g the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien o real property for the net expense of the doing of the abatement in the amount of $ n the shall be a lien upon the real property until the sum of $ and this amount (6%) per annum from with interest at the rate of six percent , 19_, has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19____ FINANCE DIRECTOR, CITY OF DIAMOND BAR (ACKNOWLEDGEMENT)" Revised 2-24-94 Chaaaes noted by double underline 30 (B) Recordation. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. 22&51A.410 Proceduraqfor collection with re . lular taxes (A) Assessment Book. After recording, the Finance Director shall deliver thenoticeof lien to the auditor of Los Angeles County, shall enter the amount on the county assessment book Opposite the who description of the particular property, and the amount shall be collected together with . h all other taxes against the property/ (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collectio city taxes are made applicable to such assessment.n and enforcement of (C) Refunds. The Planning Commission may order a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not -be refunded unless*a claim is filed With the Planning Commission Secretary within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.. 22.54.500.Remedies -F .Remadi&Q ___-i.,_te part__The provisions of this - Chapter 'shall n no manner adversely affect the right of the owner(s), lessee, or occupant of any such property to recover all costs and expenses Imposed by this Chapter from any person responsible for creating or maintaining the. public nuisance. 22.54.510 Right of entry (A), Shall be governed by all applicable State and Federal law. (B) It shall be unlawful for any person(s), including an owner(s), agent of'the owner(s), lessee or anyone in Possession of anproperty within the City to refuse to allow the Code Enforcement Offiy cial, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the Code'Enforcement Official., or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. 22_.5.4=_.520 Continuing Violations, It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to co ly with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. Revised 2-24-94 Changes noted by double underline 31 22&54.530 Penalty f,,,. violation No person shall violate or fail to comply with any provision or requirement of this Code. Any Person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty misdemeanor. However, any provision of this Code may be proseof a prosecuted as an infraction at the discretion of the Prosecuting Attorney. 22.54. 54 0 ===== injunction The provisions of this Chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or the owner(s) or occupant of any real property affected by such violations or prospective violation.,, 22- .54- .=55.==O If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional 'or otherwise invalid, such decision shall not affect the validity of th4. remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be Posted in three *(3) public places within the City of Diamond Bar pursuant to Resolution No. 89-6. ADOPTED AND APPROVED THIS — DAY OF , 1994. Mayor .I,.LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing ordinance . was introduced at a regular meeting of the City Council of the City of Diamond Bar . held on the day of 11.1994 . and was finall . y passed . at a regular meeting of the City Council. City Clerk Revised 2-24-94 Chan es noted by A—m-underline_ 32 Fill ew ,dY :� on end is`ready for scan mg File r'eyiewed by�' on and is ready for, dest uction by City Clerk V, .4 �,�qewsivtm CAV",