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HomeMy WebLinkAboutORD 1 (1990)ORDINANCE NO. 1 (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE'A NEW DIVISION 2 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE PERTAINING TO SANITARY SEWERS AND INDUSTRIAL WASTE. A. Recitals. (i) On July 27, 1989, the Board of Supervisors of the County of Los Angeles adopted its Ordinance No. 89-0101, thereby amending Division 2 of Title 20 of the Los Angeles County Code pertaining to sanitary sewers and industrial waste. (ii) The City of Diamond Bar heretofore adopted Title 20 of the Los Angeles County Code and desires to amend said Title 20 to ensure appropriate standards, controls, permit requirements and fees are maintained with respect to sanitary sewers and industrial waste. (iii) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code (Sections 50020, et seq.) authorizes cities to adopt, by reference, county ordinances. (iv) A copy of said Division 2 of Title 20 of the Los Angeles County Code, as adopted by the Board of Supervisors as Ordinance No. 89-0101, certified as a full, true and correct copy thereof, has been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code Section 50022.6. 1 (v) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTIODivision 2 of Title 20 of the Los Angeles County Code, as heretofore adopted, hereby is repealed, provided, however, that such repeal shall not render invalid any enforcement action or prosecution, whether civil or criminal, commenced prior to the effective date of this Ordinance pertaining to said Division 2 of Title 20 of said Los Angeles County Code. SECTION 3. A new Division 2 of Title 20 as set forth in Ordinance No. 89-0101 of the Los Angeles County Board of Supervisors, hereby is added to the Los Angeles County Code, as heretofore adopted by the City of Diamond Bar, and the same hereby is adopted, by reference, as the Sanitary Sewers and Industrial Waste Ordinance of the City of Diamond Bar. 2 SECTION 4. Notwithstanding any other provision of this Ordinance, or the ordinance adopted hereby, any fee or charge established in said ordinance may be amended, from time to time, by resolution of the City Council of the City of Diamond Bar. SECTION 5. Penalties. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the ordinance hereby adopted. Any person, firm, partnership or corporation violating any provision of said ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of said Ordinance is committed, continued, or permitted to continue by such person, firm, partnership or corporation and shall be deemed punishable therefor as provided herein. SECTION 6. Civil Remedies Available. The violation of any of the provisions of the Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. SECTION 7. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of the ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of said ordinance hereby adopted shall remain in full force and effect. SECTION $. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED AND APPROVED this 16th day of January , 1990. 4�ayor Pro Tem 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 2nd day of January , 1990, and was finally passed at a regular meeting of the City Council of 4 the City of Diamond Bar held on the 16th day of January 1990, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller and Mayor Pro Tem Horcher NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Werner and Mayor Papen ABSTAINED: COUNCIL MEMBERS: None ATTEST • � C' Clo, i-, of t1* City of -)mond fnar. 5110111TITLE201DB 1.3A 5