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HomeMy WebLinkAboutORD 05 (1995)ORDINANCE NO. 05(1 ) AN ORDINANCE OF THE CITY OF DIAMOND BAR ENACTING AND ADOPTING THE DIAMOND BAR CITY CODE, WHICH CODE CONSISTS OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONS AND PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES, FOR VIOLATION AND ADOPTION BY REFERENCE PURSUANT TO SECTION 50022.1, ET SEQ., OF THE GOVERNMENT CODE, THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM MECHANICAL CODE, 1991 EDITION, THE UNIFORM PLUMBING CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1991 EDITION, THE UNIFORM FIRE CODE, 1988 EDITION, AND CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION, AS EACH OF THEM ARE AMENDED AND IN EFFECT SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE DIAMOND BAR CITY CODE, PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR -DOES ORDAIN AS FOLLOWS: Section 1. Adoption of the Diamond Bar City Code. That certain document entitled "Diamond Bar City Code," a copy of which has been filed and is on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by reference as a comprehensive Code for the City of Diamond Bar pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, 950605 10572.00001 ij 52315291 adopted, incorporated herein and made a part of this ordinance as if fully set forth in this ordinance. Section 2. Certain Ordinances to Remain in Effect. Those certain ordinances of the City of Diamond Bar which are listed on Exhibit A attached hereto and made a part hereof by reference shall not be repealed but shall remain in full force and effect. In addition to the foregoing, Ordinance Nos. 03(1994) and 01(1995) through 04(1995) shall remain in full force and effect pending their codification and incorporation into the Diamond Bar City Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved. Section 3. Savings Provisions. The repealing provisions of the Diamond Bar City Code shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or 950605 10572-00001 g 52315291 - 2 - alteration; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. . _ _ CZi'�ts'i4;moReferences — -- --- Ordinances. provisions of the Diamond Bar City Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number or otherwise and which are included within the Diamond Bar City Code, but such references shall apply to the corresponding provisions set forth in the Diamond Bar City Code. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Diamond Bar City Code or the provisions.of any Code_adopted.by reference by said Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of the Diamond Bar City Code shall be guilty of a misdemeanor unless otherwise provided in the Diamond Bar City Code or Article 1, Chapter 1, Division 17, of the Vehicle Code of the State, in which case such violation shall be an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Diamond Bar City Code, or the provisions of any Code adopted by reference 950" 10572-000010 5231529 1 - 3 by said Code, is committed, continued, or permitted by such _ person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of the Diamond Bar City Code or the provisions of any Code or Ordinance adopted by reference by such Code shall be punishable by a fine of not more than one thousand (1,000.00) dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the pro- visions of the Diamond Bar City Code or the provisions of any Code or Ordinance adopted by reference by such Code shall be punishable for a first conviction_by a fine of not more than one -- hundred ($100:00) dollars, fora second conviction within a period of one year by a fine of not more than two hundred ($200.00) dollars, and for a third or any subsequent conviction - within a period of one year by fine of not more than five hundred ($500.00) dollars. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Diamond Bar City Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said Code shall be deemed a public 930603 10572-00001 y 5231529 1 - 4 nuisance and may be summarily abated by the City in a civil action. Section 6. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to, or in violation of the Uniform Administrative Code and the Technical Code, the Uniform Building Codes, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings. Any person, firm or corporation violating any of the provisions of such Codes shall be deemed guilty of a wisdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any -of the provisions of such'Codes is committed, continued'or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,00o.00, or by imprisonment for not more than six months, or by both such fine and imprisonment. section 7. violations. A. Every person violating any condition or provision either of Title 22 of the Los Angeles County Code, or of any permit, nonconforming use and structure review, zoning 950605 10572.00001 0 5231529 1 5 exception case, variance or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction as in Subsection D. Each violation is a separate offense for each and every day during any portion of which the violation is committed. B. Each violation determined to be an infraction by this title shall be punishable by a fine of $100.00 for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of $200.00 for the second violation and $500.00 for the third violation in a 12 -month period as provided by applicable law. The fourth and -any further violations of the same provision of this title which are committed at any time within a 12 -month period from the date of the commission of the first violation shall be deemed misdemeanors, regardless of the dates of conviction of the first three violations. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together.- The increased penalties set forth in this section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom. C. Public Nuisance. Any use of property contrary to the provisions of Title 22 of the Los Angeles County Code shall be, and the same is hereby declared to be unlawful and 950605 10572.00001 Ij 5231529 1 - 6 - a public nuisance, and the authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of Title 22 of the Los Angeles County Code. D. Infractions. Violations of the provisions contained in the following list are deemed infractions: • Automobile, truck or other motor vehicle repair conducted outside of an enclosed building. • Commercial vehicles weighing more than 6,000 pounds unladen where parked or stored in violation of Section 22.16.020 of Title 22. • Inoperative vehicle parking or storage. • Keeping or parking of vehicles in violation of Section 22.20.025 or Section 22.24.035 of Title 22. • outside display and/or sales. 950605 IOM -000019 5231329 1 - 7 • Signs prohibited by Sections 22.52.850 and 22.52.990 of Title 22. Section 8. Validity of Code. If any section, subsection, sentence, clause, or phrase of the Diamond Bar City Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the Diamond Bar City Code. The Council hereby declares that it would have adopted the Diamond Bar City Code and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional, and if for any reason the Diamond Bar City Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Section 9. E t2ctive Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval.. PASSED, APPROVED AND ADOPTED this 25th day of July , 1995. 950605 1OM4)0001 4 52315291 - 8 EXHIBIT A 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 6/20/89 DIAMOND BAR GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE POLES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING COMMUNICATIONS CIRCUITS NECESSARY OR PROPER THEREFOR, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 6/20/89 DIAMOND BAR, GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES ALONG, ACROSS, UPON, UNDER AND IN THE PUBLIC STREETS, HIGHWAYS, - ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY -� HZREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 10/17/89 DIAMOND BAR AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEESF RETIREMENT SYSTEM 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1/2/90 DIAMOND BAR AMENDING SECTION 22.20.120 OF CHAPTER 22.20 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO SIDE YARD SETBACK REQUIREMENTS 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4/3/90 DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE., AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989), 11A(1989), 15(1989) AND 15A(1989) AS HERETOFORE ADOPTED 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 6/19/90 DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE R-1- 6000 (SINGLE FAMILY RESIDENCE, 6,000 SQUARE FOOT MINIMUM PARCEL SIZE) ZONE TO THE C1 -DP -BE 950605 10M-00001 0 52315291 A-1 950W 10$72-00001 Ij 5231529 1 A-2 ED EV - ZONE.RI(ZONECCHANGEINO_D OE0028�-PROGRAM) 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE OFFICIAL ZONING MAP OF 9/18/90 DIAMOND BAR AMXNDING THE CITY BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE Ml-/DP/BE (LIGHT BILLBOARD MANUFACTURING, DEVELOPMENT PROGRAM, THE C-1/DP/BE (RESTRICTED EXCLUSION ZONE) TO BUSINESS, DEVELOPMENT PROGRAM, BILLBOARD EXCLUSION) ZONE. (ZONE CHANGE NO. ZC 90-0036) 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENTITLED 9/18/90 DIAMOND BAR APPROVING THAT DOCUMENT "DEVELOPMENT AGREEMENT NO. 1 (1990) CONCERNING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BREA 60 (POMONA) FREEWAY, CANYON ROAD AND THE ROUTE DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND BAR 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GENERAL MUNICIPAL 11/2/990 DIAMOND BAR DIRECTING THAT ELECTIONS OF THE CITY OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS - 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 22.60.100 OF TITLE 7/2/91 DIAMOND BAR AMENDING SECTION A NEW 82-7 TO TITLE 27 OF ANGELES COUNTYCCODE AS HEION HERETOFORE THE LOSADDING ADOPTED 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENTITLED 8/20/91 DIAMOND BAR APPROVING THAT DOCUMENT 91-2 (1991) "DEVELOPMENT AGREEMENT NO. CONCERNING PROPERTY GENERALLY LOCATED AT AND IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, AUTHORIZING THE - DIAMOND BAR, CALIFORNIA: AND THE SAME ON BEHALF OF THE CITY MAYOR TO EXECUTE OF DIAMOND BAR 5A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 22.66 OF TITLE 22, 6/7/94 DIAMOND BAR AMENDING CHAPTER AMENDED, AND CERTAIN PROVISIONS OF THE LOS AS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, IN THE PERTAINING TO THE REGULATION OF SIGNAGE CITY OF DIAMOND BAR 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TO 8/20/91 DIAMOND BAR ADDING A NEW CHAPTER 22.66 22 AND REPEALING BOTH DIVISION 1 OF TITLE ORDINANCE 9-1990, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS 950W 10$72-00001 Ij 5231529 1 A-2