HomeMy WebLinkAboutORD 1 (1994)ORDINANCE NO. 1 (1994)
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 TO THE
DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE,
THE BUILDING AND PROPERTY REHABILITATION CHAPTER
99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING
CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING
FEES AND PENALTIES.
A. Recitals.
(i) The .City of Diamond Bar has determined that the
eXisting Codes applicable to the Property Maintenance standards
within the City of Diamond Bar fail to provide minimal standards
suitable and appropriate for the City to preserve the Public peace,
health, or safety.
(ii) The City of Diamond Bar has determined that the
problem of deteriorating property and lack of property maintenance
due to the aging of our housing stock, and the expiration of
private covenants, conditions and restrictions previously placed on
property throughout the City requires the immediate adoption of
provisions relating to Property Maintenance.
(iii) Article 2 of Chapter 1 of Part 1 of Division 1 of
Title 5 ($50020, et seq.) of the California Government Code
authorizes the adoption, by reference, of the uniform codes.
(iv) At least one copy of each of the codes and
standards identified in this Ordinance and certified as full, true
and correct copies thereof by the City Clerk of the. City of Diamond
Bar have been filed in the office of the City Clerk of the City of
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Diamond Bar in accordance with the provisions of California
Government Code §50022.6.
(v; A duly noticed public hearing, as required by
California Government Code §50022.3, has been conducted and was
concluded prior to the adoption of this Ordinance.
(vi) All legal prerequisites to the adoption of this
Urgency Ordinance have occurred.
B. ordinance.
NOW, THEREFORE, the City council of the City of
Diamond Bar does hereby find, determine and ordain as follows:
section 1:
The Council finds and determines in all respects as set
forth in recitals, Part A, herein above.
Section 2:
The Council has found and determined that this ordinance
shall be enacted as an Urgency Ordinance, effective upon adoption
pursuant to California Government Code, § 36937(b) on the basis of
facts set forth in the Recitals, Part A, of the Ordinance.
Section 3:
Chapter 15.38 of the Diamond Bar City Code, hereby is
adopted; provided, however, that said adoption shall not apply to
or excuse any violation thereof occurring prior to the effective
date of this Ordinance and provided further that the uniform codes
as adopted by reference and amended by Ordinance No. 3 (1992) of the
City of Diamond Bar shall continue to be applicable to substandard
buildings, substandard structures and substandard property.
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Section 4:
A new Chapter 15.38 hereby is added to Title 15 of the
Diamond Bar City Code to read, in words and figures, as follows:
"Chapter 15.38
"Building and Property Rehabilitation
"sections:
1115.38.010
Building
and Property Rehabilitation -
Adopted
1115.38.020
Section
9902 -
Amended
1115.38.030
Section
9902(g)
- Added
1115.38.040
Section
9902(h)
- Added
1115.38.050
Section
9904(0)
- Deleted
1115.38.060
Section
9905 -
Amended
1115.38.070
Section
9906 -
Deleted
1115.38.080
Section
9927 -
Amended
1115.38.010 Building and Property Rehabilitation -
Adopted
"The Building and Property Rehabilitation Chapter 99 of
Title 26 of the Los Angeles County Building Code, 1988 Edition,
hereby is adopted in its entirety as the Building and Property
Rehabilitation Code of the City of Diamond Bar, together with the
amendments, additions, deletions and exceptions set forth in this
Chapter 15.38.
1115.38.020 Section 9902 - Amended.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building Code,
1988 Edition, hereby is amended by the deletion of subparagraph (a)
thereof and the addition of new subparagraph (a) to read, in words
and figures, as follows:
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"(a) Board defined. Whenever in this Chapter 15.38 the
term Building Rehabilitation Appeals Board is used, said term shall
mean, and the powers and duties to be exercised by the Building
Rehabilitation Appeals Board shall be vested in, the Planning
Commission of the City of Diamond Bar, and whenever in this Chapter
15.38 the term Board of Supervisors is used, said term shall mean,
and the powers and duties to be exercised by the Board of
Supervisors shall be vested in, the City Council of the City of
Diamond Bar.
"15.38.030 Section 9902(x) - Added.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building Code,
1988 Edition, hereby is amended by the addition of a new
subparagraph (g) to read in words and figures, as follows:
"(g) County Engineer defined. Whenever in this Chapter
15.38 the term County Engineer is used, said term shall mean, and
the powers and duties to be exercised by the County Engineer shall
be vested in, the City Manager, or his designee.
1115.38'.040 Section 9902(h) — Added.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building, Code,
1988 Edition, hereby is amended by the addition of a new
subparagraph (h) to read in words and figures, as follows:
"(h) County defined. Whenever in this Chapter 15.38 the
term County is used, said term shall mean, and the powers and
duties to be exercised by the County shall be vested in, the City
of Diamond Bar.
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1115.38.050 Section 9904(0) - Deleted.
"Section 9904(o) of the Building and Property
Rehabilitation Chapter 99 of Title 26 of the Los Angeles County
Building.Code, 1988 Edition, hereby is deleted in its entirety.
'•15.38.060 Section 9905.- Amended.
"Section 9905 of.the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building Code,
1988 Edition, hereby is amended by the deletion of subparagraph (k)
thereof and the addition of a new subparagraph (k) to read in words
and figures, as follow:
"Garbage containers and receptacles stored in front or
side yards visible from public streets, except when placed in
areas for collection not earlier than sunset of the day preceding
the designated day for collection, and all containers and
receptacles shall be removed from the place of collection prior to
10:00 p.m. of the day the containers and receptacles have been
emptied.
1115.38.070 Section 9906 - Deleted
"Section 9906 of the Building and•Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building Code,
1988 Edition, hereby is deleted in its entirety.
0115.38.080 Section 9927 - Amended
"Section 9927 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building Code,
1988 Edition, hereby is amended to read in words and figures as
follows:
"Section 9927. The costs involved in the demolition or
other work by the County Engineer, including in addition to other
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costs the applicable processing costs as set forth in Resolution
91-54 (Fee Schedule), shall become a special assessment against the
property.
Section 4. Penalties for violation of ordinance. 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. Any person, firm,, partnership, or
corporation to violate of any provision or fail to comply with any
of the requirements of the Ordinance or the Codes adopted hereby.
Any person, firm, partnership, or corporation violating any
provision of this Ordinance or the Codes adopted hereby or failing
to comply with any of their 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 1
imprisonment not exceeding six (6) 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 this Ordinance or the Codes adopted hereby is
committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable
therefore as provided in this Ordinance.
Section S. Civil Remedies Available. A violation of any of
the provisions of the Ordinance or the Codes adopted hereby shall
constitute a nuisance and may be abated by the City through civil ;
process by means of restraining order, preliminary or permanent
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injunction or in any other manner provided by law for the abatement
of such nuisance.
section 6. Severability. The City Council hereby declares
that, should any provision, section, paragraph, sentence or word of
this ordinance or the Codes hereby adopted be rendered or declared
invalid by any final court action in a court or competent
jurisdiction, or by reason of any pre-emptive legislation, the
remaining provisions, sections, paragraphs, sentences, and words of
this Ordinance and the Codes hereby adopted shall remain in full
force and effect.
Section 7. This Ordinance shall remain in effect only until
September 16, 1994, and. as of such date is repealed, unless a
later adopted ordinance, deletes or extends such date.
Section S. The City Clerk shall certify to the adoption this
Ordinance and shall cause this Ordinance to beportedin three
public places within the City of Diamond Bar pursuant to Resolution
89-6B.
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►y of April , 1994.
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
February 15, 1994 , and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the April 19, 1994 , by the following vote
AYES: COUNCIL MEMBERS: Miller, Papen, Ansari,
MPT/Harmony and M/Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
zity�:Clerk of the City Diamond Bar
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