HomeMy WebLinkAboutORD 1281ORD 128179wV ×P @ h ORDINANCE NO. 1281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK REPEALING AND READOPTING
CHAPTER 95 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO NUISANCE ABATEMENT
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS
FOLLOWS:
Section 1. Chapter 95 of the Baldwin Park Municipal Code is hereby repealed.
Section 2. Chapter 95 is hereby added to the Baldwin Park Municipal Code to
read as follows:
CHAPTER 95: NUISANCES
95.01 DEFINITIONS.
The following words and phases shall be defined as set forth in this
section when used in this chapter.
Building code" shall mean the building regulations adopted by the
city as set forth in chapter 150 of this code and each other building code
or regulation which the city is deemed to have adopted or required to
enforce pursuant to state law.
Code or ordinance" means this code, any code or ordinance which
has been adopted by the city by reference whether through this code or
otherwise, any other city ordinance, any regulation adopted by the city
council pursuant to the authority of this code, any code or ordinance
adopted by reference or any other city ordinance, and any condition of
approval imposed upon any license, permit or other discretionary approval
issued by the city pursuant to the authority of this code, any code or
ordinance adopted by reference or any other city ordinance.
Chief Executive Officer' means the city's Chief Executive Officer.
When any provision of this chapter refers to the Chief Executive Officer, it
shall be deemed to include any person designated by the Chief Executive
Officer to undertake the action so delegated.
Director' means the Director of Community Development. When
any provision of this chapter refers to the Director, it shall be deemed to
include any person designated by the Director to undertake the action so
delegated.
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Hearing authority" means the Chief Executive Officer. The Chief
Executive Officer may delegate the duty of hearing matters under this
chapter to a designee, including but not limited to a person retained on
contract with the city, provided, however, that the choice of designee shall
be consistent with all obligations of law relating to due process for the
particular hearing to be held by such designee.
Real property" or property" shall mean any lot and parcel in the
city and every part thereof, including, but not limited to that portion of the
lot or parcel which is subject to a public right-of-way, commonly referred to
as the parkway.
Public place" means any street, alley, court, sidewalk, park, or
other place owned by the city or any other governmental entity.
95.02 DECLARATION OF NUISANCE.
It is declared a public nuisance for any person, owning, leasing,
occupying, or having charge or possession of any real property in this city:
A) To maintain any building or structure on the property which
is structurally unsafe, or is not provided with adequate ingress and egress,
or which constitutes a fire hazard, or is otherwise dangerous to human life.
B) To maintain the property, the topography or configuration of
which, whether in natural state or as a result of grading operations, causes
or will cause erosion, subsidence, or surface water runoff problems which
will, or may, be injurious to the public health, safety and welfare or to
adjacent properties.
C) To maintain upon such property clotheslines in any front
yard area visible from a public place or in any backyard area which is not
surrounded by a six foot solid fence.
D) To maintain upon such property trash, garbage or refuse
cans, bins, boxes, or other such containers: i) in any front or side yard
where such container is visible from any public place except as is
otherwise permitted by a code or ordinance or ii) in any rear yard where
such container is visible to adjacent properties, except as is otherwise
permitted by a code or ordinance; or iii) in any place in such condition so
as to cause offensive odors on any other property.
E) To maintain upon such property lumber, junk, trash, debris
or salvage materials visible from a public place or from any adjoining
property, except as is otherwise permitted by a code or ordinance.
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F) To maintain upon such property an attractive nuisance
dangerous to children. For purposes of this subsection F), an attractive
nuisance includes, but is not limited to, abandoned, broken, or neglected
equipment and machinery, refrigerators and freezers, and hazardous
pools, ponds, or excavations.
G) To maintain upon such property abandoned, discarded or
unused furniture, stoves, sinks, toilets, cabinets, or other household
fixtures or equipment stored so as to be visible from a public place or from
any adjoining property, except as is otherwise permitted by a code or
ordinance.
H) To maintain upon such property any building or structure: i)
which does not have paint, sealant, or other protective coating appropriate
to the material of the building or structure on all parts of the building or
structure not surfaced with stone, brick or other material not requiring such
coating; or ii) which has dry rot, warping or termite infestation; or iii)
which has peeling, chipped, or cracked paint, sealant, or other coating
material upon any portion of such building or structure which is visible
from a public place or from any adjoining property.
I) To maintain upon such property: i) overgrown vegetation; or
ii) dead, decayed, diseased or hazardous trees; or iii) weeds and other
vegetation likely to harbor rats, vermin or nuisances or which may be a fire
hazard. This provision of this subsection I) shall not apply to trees in the
parkways which the city maintains pursuant to Section 97.130 of this code.
J) To maintain the property as a dumping ground or lot for
illegal parking. Whenever it has been determined that any unimproved
real property within the city has become a dumping ground for litter,
garbage, junk, debris, discarded furniture, appliances, vehicles, vehicle
parts or vehicle hulks, or has become a site for repeated illegal vehicle
parking, the Director may order the property owner(s) to secure the
property to prevent further dumping on the property by requiring the
owner(s) to erect and maintain a minimum six foot high fence of chain link
or such other material as is determined by the Director to reduce or
eliminate accessibility to the property.
K) To maintain upon such property a building or structure which
is not completed within a reasonable time or for which the permit for the
construction has expired.
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L) To maintain upon such property fences or walls: i) which
violate the requirements of a code or ordinance regarding height,
setbacks, or materials; or ii) which are in a hazardous condition; or iii)
which are in disrepair; or iv) which hinder free access to public sidewalks.
M) To maintain any building or structure which has been
constructed or is maintained in violation of any requirement or prohibition
applicable to the building or structure contained in any code or ordinance,
or contained in any statute, law, regulation, or order of the state relating to
the condition, location, or construction of buildings.
N) To maintain any building or structure where by reason of
obsolescence, dilapidated condition, deterioration, or damage, the building
or structure is in such condition as to constitute a fire hazard or to provide
a ready fuel supply to augment the spread and intensity of fire arising from
any cause.
O) To abandon or vacate any building or structure so that the
same becomes available to unauthorized persons, including, but not
limited to, juveniles.
P) To maintain any building or structure in dangerous condition.
For the purpose of this section, a building or structure shall be deemed to
be in a dangerous condition under any of the following circumstances:
1) Whenever any door, aisle, passageway, stairway or
other means of exit is not of sufficient width or size, or is not so arranged
as to provide safe and adequate means of exit in case of fire or panic.
2) Whenever the load on any materials, member or
portion thereof, due to all dead and live loads, exceeds the allowable load
for new buildings of similar structure, purpose or location.
3) Whenever any portion thereof has been damaged by
fire, earthquake, wind, flood, or by any other cause, to such an extent that
the structural strength or stability thereof is materially less than it was
before the catastrophe.
4) Whenever any Portion or member or appurtenance
thereof is likely to fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage property.
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5) Whenever any portion of a building, or any member,
appurtenance or ornamentation on the exterior thereof is not of sufficient
strength or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting wind pressure.
6) Whenever any portion thereof has wracked, warped,
buckled or settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is required in
the case of similar new construction.
7) Whenever the building or structure, or any portion
thereof, is likely to partially or completely collapse because of dilapidation,
deterioration or decay; faulty construction; the removal, movement or
instability of any portion of the ground necessary for the purpose of
supporting the building; the deterioration, decay or inadequacy of its
foundation; or any other cause.
8) Whenever, for any reason, the building or structure, or
any portion thereof, is manifestly unsafe for the purpose for which it is
being used.
9) Whenever the exterior walls or other vertical structural
members list, lean or buckle to such an extent that a plumbline passing
through the center of gravity does not fall inside the middle one-third of the
base.
10) Whenever the building or structure, exclusive of the
foundation, shows 25% or more damage or deterioration of its supporting
member or members, or 35% damage or deterioration of its non-
supporting members, enclosing or outside walls or coverings.
11) Whenever the building or structure has been so
damaged by fire, wind, earthquake, or flood, or has become so dilapidated
or deteriorated, as to become an attractive nuisance or to be capable of
being occupied by an unauthorized person.
12) Whenever any building or structure has been
constructed, exists or is maintained in violation of any requirement or
prohibition applicable to the building or structure contained in any code or
ordinance or contained in any statute, law, regulation, or order of the state
relating to the condition, location, or construction of buildings.
I
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13) Whenever any building or structure which, whether or
not erected in accordance with all applicable laws and ordinances, has in
any non-supporting part, member or portion, less than 65%, or in any
supporting part, member, or portion less than 75% of the strength, fire-
resisting qualities or characteristics, or weather-resisting qualities or
characteristics required by law in the case of a newly constructed building
of like area, height and occupancy in the same location.
14) Whenever a building or structure, used or intended to
be used for dwelling purposes because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities or otherwise is determined by a
city, county or other governmental health officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or
disease.
15) Whenever any building or structure, because of
obsolescence, dilapidated condition, deterioration, damage, inadequate
exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the
Fire Marshal to be a fire hazard.
16) Whenever any building or structure is in such a
condition as to constitute a public nuisance known to the common law or
in equity jurisprudence.
17) Whenever any portion of a building or structure
remains on a site after the demolition or destruction of the building or
structure.
18) Whenever any building or structure is abandoned for
a period in excess of six months so as to constitute the building or portion
thereof an attractive nuisance or hazard to the public.
Q) To store or maintain any toxic or hazardous waste or
material on any such property in any manner which is not in full
compliance with all laws and regulations governing storage and
maintenance of such waste or material or which is, or may become,
injurious to persons or to adjacent properties.
R) To maintain any such property which is vacant and located
in any commercial or industrial zone without lawn or groundcover over the
entirety thereof, or without an appropriate irrigation system to maintain
such lawn or groundcover. With the prior written approval of the Director,
I
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xeriscape i.e., drought tolerant landscaping for which irrigation is not
required) may be substituted for such lawn or groundcover.
S) To maintain inadequate landscaping upon any portion of
such property that is visible from any public place if the property is located
in a residential zone; or to maintain inadequate landscaping upon any
portion of any such property in any commercial or industrial zone. For
purposes of this paragraph S), inadequate landscaping means such
landscaping as results in a diminution of the appearance of the subject
property as compared with adjacent property, or degrades the aesthetic
quality of the subject property, or reduces property values in the
immediate neighborhood, and includes but is but not limited to the
following:
1) lack of groundcover or lawns, shrubs, or other
vegetation on any portion of the property not otherwise developed with a
structure, paving, or landscaping hardscape;
2) insufficient groundcover, lawn, or other landscaping
material on the property, resulting in blowing dust and/or soil erosion;
3) trees, shrubs, lawn, or other plants that are dying from
lack of water, fertilizer or maintenance, or from disease;
4) failure to comply with any landscaping plan approved
by the city in connection with the issuance of any land use approval for the
property.
T) To maintain upon such property any operable vehicle in any
yard area visible from any public place other than on a paved driveway
installed in accordance with a code or ordinance.
U) To maintain upon such property any trailer, camper shell,
boat, or inoperable vehicle in any yard area visible from any public place,
including but not limited to on any paved driveway, for any period in
excess of seventy-two 72) hours.
V) To maintain, for a period in excess of forty-eight 48) hours,
graffiti or other inscribed material upon any building or structure on such
property, or upon any vehicle parked in any area of property which is
visible from any public place. For purposes of this subsection V) graffiti
or other inscribed material" includes any inscription, word, figure, mark, or
design that is written, marked, etched, scratched, drawn, or painted on
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Page 8
real property or any building, structure, or other fixture thereon, or on any
private property placed on such real property, without the consent of the
owner or lessee of such property, or on any poster, paper or other support
attached to real or personal property by staples, glue or other means
without the consent of the owner or lessee of such property.
W) To maintain upon such property any sign, notice or
announcement, where the matter or event to which such sign, notice or
announcement relates has passed, or the time period for which such sign,
notice or announcement is relevant has otherwise expired. The provisions
of this section shall not be deemed to constitute a waiver of any other
provisions of a code or ordinance relating to signs, notices and/or
announcements.
X) To maintain any property for which a discretionary approval
has been obtained, including but not limited to a subdivision map,
conditional use permit, or variance, in any manner which is not in
compliance with the conditions of approval established by such
discretionary approval.
95.03 VIOLATIONS.
A) It is unlawful for any person, owning, leasing, occupying, or
having charge or possession of any real property or any building or
structure thereon to maintain any public nuisance as declared by Section
95.02.
B) It is unlawful for any person to violate an order of abatement
made pursuant to this chapter.
C) It is unlawful for any unauthorized person to remove any
notice or order posted pursuant to the provisions of this chapter.
D) It is unlawful for any person in possession of any building or
structure to fail to vacate the building or structure in accordance with an
order of abatement made pursuant to this chapter.
E) It is unlawful for any person to obstruct, impede or interfere
with any representative of the city, or any person who owns or holds any
estate or interest in any real property or any building or structure thereon
which has been ordered to be vacated, repaired, rehabilitated, or
demolished and removed, whenever any such representative of the city,
or person having such interest or estate is engaged in vacating, repairing,
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rehabilitating, or demolishing and removing any such property or building
or structure pursuant to the provisions of this chapter, or is performing any
necessary act preliminary to or incidental to work authorized or directed
pursuant to this chapter.
95.04 ABATEMENT.
All or any part of any real property or building or structure located thereon
which constitutes a public nuisance as declared in Section 95.02 may be
abated by the procedures set forth in this chapter. A criminal prosecution
may be brought pursuant to Subsections A) of Section 95.03 whether or
not such abatement proceedings having first occurred.
95.05 COMMENCEMENT OF ABATEMENT PROCEEDINGS.
A) Whenever the Director reasonably believes a nuisance
exists, he or she may issue an order of abatement.
B) An order of abatement shall contain: i) a description of the
real property in general terms reasonably sufficient to identify the location
of the property; ii) a description of the condition(s) creating the
nuisance(s); iii) a description of the action(s) required to abate the
nuisance(s); and iv) the time period for such abatement action(s) to
occur. The time period for abatement shall be not less than seven 7)
calendar days, unless the Director determines the abatement may
reasonably be accomplished in a shorter period of time and the order is
personally served on the owner of the property not less than three 3)
days prior to the date by which abatement must be completed.
C) An order of abatement shall be served as follows:
1) to the owner of the property as shown on the latest
equalized assessment roll by personal delivery or by mailing the order to
the address(es) indicated thereon by registered or certified mail, provided,
however, that if such registered or certified mail is refused, the order may
then be served by first class mail; and
2) by conspicuously posting the order on the property.
D) The failure of any person to receive an order of abatement
which has been served as set forth in Subsection C) of this Section shall
not affect the validity of any proceedings under this chapter.
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Ordinance No. 1281
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95.06 RIGHT OF APPEAL.
An order of abatement may be appealed by the property owner, the
property owner's authorized agent, or a person in legal possession of the
property. A written request for appeal must be filed with the City Clerk
prior to expiration of the time set forth in the order of abatement for
abatement of the nuisance. If a request for appeal is not filed within such
time, the order of the Director shall become final. Where a timely request
for appeal is filed, the order of abatement shall be suspended pending
review of the determination by the hearing officer pursuant to section
95.07.
95.07 APPEAL PROCEDURE.
A) Upon receipt of a timely request for appeal, the Chief
Executive Officer shall set a date and time for hearing the appeal and shall
give notice thereof to the appellant at the address set forth in the request
for appeal. A copy of said notice shall also be sent to the owner(s) of the
subject property, if the owner(s) is not the appellant. Such notices shall be
sent by registered or certified mail, provided, however, that if such
registered or certified mail is refused, the order may then be served by first
class mail first class mail.
B) At the hearing, the hearing officer shall consider all relevant
evidence and shall give all interested parties a reasonable opportunity to
be heard. An appellant's failure to attend the hearing shall constitute an
abandonment of the request for appeal and a failure to exhaust
administrative remedies.
C) Within five working days of the conclusion of the hearing, the
hearing officer shall determine, based upon the evidence presented at the
hearing, whether then notice of abatement shall be upheld, and shall give
written notice of his or her decision to the appellant, to the owner of the
property if such person is not the appellant), and to any other person who
has filed a written request for such notice. If the order of abatement is
upheld in whole or in part, the notice of such decision shall constitute a
revised order of abatement and shall contain: i) a description of the real
property in general terms reasonably sufficient to identify the location of
the property; ii) a description of the condition(s) creating the nuisance(s);
iii) a description of the action(s) required to abate the nuisance(s); and
iv) the time period within which such abatement action(s) must be
completed. The revised order of abatement shall be served personally or
by registered or certified mail, provided, however, that if such registered or
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certified mail is refused, the revised order of abatement may then be
served by first class mail.
D) The decision of the hearing officer shall be final and
conclusive.
95.08 RECORDATION OF NOTICE OF NUISANCE CONDITION.
At such time as an order of abatement is final, if the nuisance is not
abated within the time period set forth in the order, the Chief Executive
Officer may cause to be recorded against the property in the office of the
county recorder a notice that a public nuisance has been determined to
exist on the property and that an order of abatement has been issued
pertaining thereto. The Chief Executive Officer shall cause a release of
said notice to be recorded only at such time as the nuisance has been
abated.
95.09 ABATEMENT OF NUISANCE BY CITY.
A) If a nuisance is not completely abated by the date specified
in a final order of abatement, the Director may immediately cause the
same to be abated by city personnel or by persons under contract with the
city. The Director is authorized to grant reasonable extensions of the time
period for abatement provided in the order of abatement, based on a
showing by the property owner of extenuating circumstances, provided
that the application for extension is filed with the Director prior to the date
the city abates the nuisance or enters into an agreement for such work.
The owner of the property shall be liable to the city for all costs of such
abatement.
B) Notwithstanding the provisions of subsection A) of this
section, if abatement of the nuisance requires the demolition of all or any
portion of any building located on the property, before such demolition
may be accomplished, each owner and each holder of a security interest
in the property shall be given notice and an opportunity to remedy the
nuisance by means other than demolition. The persons to whom notice
shall be given shall be determined by a title report for the subject property
which is not more than one month old. The notice shall be sent by
registered or certified mail, and shall state i) the address of the subject
property; ii) that a determination has been made that a building on the
subject property constitutes a public nuisance; iii) that abatement
proceedings were commenced pursuant to this chapter and are now
complete; iv) that the nuisance has not been abated; v) that the city
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Ordinance No. 1281
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interested person who has filed a written request for the same, at the
address on such request.
C) At the time and place fixed for consideration of the report,
the Chief Executive Officer shall hear and pass upon the report of the
Director, together with any objections or protests raised by any of the
persons liable to be assessed for the cost of abating the nuisance. Upon
conclusion of said hearing, the Chief Executive Officer shall make such
revision, correction or modification to the report as he or she may deem
just, after which the report as submitted, or as revised, corrected or
modified, shall be confirmed. The hearing may be continued from time to
time. The decision of the Chief Executive Officer shall be final.
D) The cost of abatement as so confirmed shall be a personal
obligation of the owner(s) of the property on which the nuisance was
maintained. The cost of abatement as so confirmed shall also be a lien
against the property as set forth in Section 95.11 or a special assessment
against the property as set forth in Section 95.12.
95.11 LIEN AGAINST PROPERTY.
The confirmed cost of abatement of a nuisance upon any property
may be made a lien against that property by recordation in the Los
Angeles County Recorders Office. Prior to recordation of the lien, notice
shall also be sent by certified mail to the owner(s) of record of the property
based on the last equalized assessment roll or the supplemental roll,
whichever is more current, and notice of such lien shall also be served as
set forth in California Government Code 38773.1. The nuisance
abatement lien shall state the amount of the lien, the fact the lien is
imposed on the city's behalf, the date of the order of abatement, the street
address, legal description and assessor's parcel number of the parcel on
which the lien is imposed, and the name and address of the recorded
owner(s) of the parcel. The lien may be foreclosed upon in an action
brought by the city for a money judgment. In the event the lien is
discharged, released, or satisfied, either through payment or foreclosure,
notice of the discharge containing the information required herein shall be
recorded in the office of the County Recorder.
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95.12 SPECIAL ASSESSMENT AGAINST PROPERTY.
As an alternative to making the confirmed cost of abatement of a
nuisance a lien against the property on which such nuisance was located,
the confirmed cost of abatement may be made a special assessment
against that property pursuant to the provisions of this section. Notice of
such assessment shall be sent by certified mail to the property owner at
the address as determined from the county assessor's records. Said
notice shall specify that the property may be sold after three years by the
tax collector for unpaid delinquent assessments. Notice of the special
assessment shall also be transmitted to the tax collector for the city,
whereupon it shall be the duty of the tax collector to add the amounts of
the assessment to the next regular bills of taxes levied against that lot or
parcels of land. Thereafter the assessment shall be collected at the same
time and in the same manner as ordinary municipal taxes are collected,
and shall be subject to the same penalties and the same procedure for
foreclosure and sale in case of delinquency as provided for ordinary
municipal taxes, except as provided in California Government Code
38773.5.
95.13 CIVIL ACTION TO ABATE NUISANCE.
Nothing in this chapter shall be deemed to prevent the City Council
from ordering the City Attorney to commence a civil action to abate a
nuisance in addition to, alternatively to, or in conjunction with any criminal
proceeding or nuisance abatement proceeding brought pursuant to this
chapter. Should the City Attorney be directed to bring a civil action
pursuant to this section, the actual expenses and costs of maintaining
such action, including, but not limited to, reasonable attorneys' fees, shall
be recovered to the extent permitted by law, including but not limited to
pursuant to 95.10 and 95.11 of this code.
95.14 TREBLE COSTS.
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property, or a minor or
other person" as defined in California Government Code Section
38772(d)(3) is responsible for a condition that may be abated pursuant to
this chapter, except for conditions abated pursuant to Section 17980 of the
California Health and Safety Code, a court may order that person to pay
treble the costs of abatement.
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Page 15
95.15 EMERGENCY ABATEMENT.
Notwithstanding any other provision of this chapter with reference
to the abatement of a public nuisance, whenever the Director determines
that a public nuisance, within the meaning of this chapter, exists on any
property in the city and constitutes an immediate hazard or danger to
persons or property, he or she may immediately and forthwith abate such
public nuisance without observing the provisions of this chapter. Where
the abatement is lawfully accomplished pursuant to this section, the costs
thereof shall be a determined and charged against the owner(s) of the
property as set forth in Section 95.10 and 95.11 of this code.
Section 3. Notwithstanding any provision of this ordinance to the contrary, any
action or proceeding relating to nuisance which is pending on the effective date of this
ordinance and for which a notice of hearing has already been issued or a hearing before
the Chief Executive Officer referred to in Baldwin Park Municipal Code Chapter 95 as it
existed prior to the adoption of this ordinance as the City Manager') has already been
held shall continue to be heard in accordance with the procedures established under
Baldwin Park Municipal Code Sections 95.03 through 95.09 as they existed prior to the
effective date of this ordinance.
Section 4. The City Clerk shall certify to the adoption of this ordinance and
shall cause a copy of the same to be published in a manner prescribed by law.
APPROVED, and ADOPTED this 1St day of March 2006.
A R OZANO
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance 1281 was introduced at a regular
meeting of the City Council held on February 15, 2006, and was adopted by the City
Council at its regular meeting held on March 1, 2006, by the following vote of the
Council:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Mayor Pro Tern David
J. Olivas and Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ROSEMARY M. REZ
CHIEF DEPUTY CITY CLERK
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