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HomeMy WebLinkAboutORD 837ORD 837̤<žjh£ŸjHÒöORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 820 AND THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE UNDERGROUNDING OF UTILITIES. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 7 of Ordinance No. 820 is hereby amended to read as follows: Section 7. That Sections 9800, 9801 and 9802 of the Baldwin Park Municipal Code are hereby readopted and renumbered as Sections 7800, 7801 and 7802 of said Code, designated as Chapter 10 of Article VII of said Code, entitled'Underground Utilities'." SECTION 2. That subsection b) of Section 7800 of the Baldwin Park Municipal Code be, and the same hereby is, amended to read as follows: b) DIRECTOR shall mean the Director of Community Services of the City of Baldwin Park." SECTION 3. That subsection e) of Section 7801 of the Baldwin Park Municipal Code be, and the same hereby is, abolished. SECTION 4. That subsection f) of Section 7801 of the Baldwin Park Municipal Code be, and the same hereby is, amended to read as follows: e) Responsibility for Compliance. The owner and/or person who occupies any property to which Section 7800 et seq. hereof applies, shall be responsible for compliance therewith, including but not limited to obtaining the installation of required facilities by the appropriate utility company or companies." SECTION 5. That Section 7802 of the Baldwin Park Municipal Code be, and the same hereby is, amended to read as follows: 7802. EXEMPTION. The Director shall grant an exemption from the provisions hereof if he finds all of the following facts present: a) That all adjacent properties are served by overhead utility facilities; and b) That the compliance with the provisions of this Section constitute an undue financial hardship which renders the proposed development economically unfeasible; and c) That the owner of the property involved agrees, in written form as approved by the City Attorney, to join and participate in an undergrounding utility district should one be initiated pursuant to applicable law, within 10 years after the date upon which a building permit for such buildings or structures is issued, without protest as to the formation of such district. Such agreement shall be recorded and shall bind, for said period of time, all assignees and successors in interest to the then owner of said property. d) Appeal. Within ten days after the decision of the Director, any person aggrieved by the Director's decision may appeal the same to the City Council. Such appeal shall be filed in the same manner as required by Section 2900 of the Municipal Code, together with a filing and processing fee in a sum as set by resolution of the City Council. The action of the City Council on said appeal shall be final and conclusive." BIB] 37960-U01 ORD-U02 837-U02 LI2-U03 FO4404-U03 FO32708-U03 DO32715-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 837̤<žjh£ŸjHÒöOrdinance No. 837 Page 2 SECTION 6. That the City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED 7th day of April, 1982. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, Linda L. Gair, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 837 was regularly introduced and placed upon its first reading at a_________regular meeting of the City Council on the 7th day of April, 1982. That, thereafter, said Ordinance was duly approved and adopted at a 1982 regular meeting of the City Council on the 21st day of April 1932, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEN McNEILL, AGUILAR, KING, AND MAYOR WHITE COUNCILMEN NONE COUNCILMEN NONE COUNCILMEN IZELL Z____^ y^ LINDA L. GAIR^CITY CLERK BIB] 37960-U01 ORD-U02 837-U02 LI2-U03 FO4404-U03 FO32708-U03 DO32715-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04