HomeMy WebLinkAboutORD 546ORD 546 Ü h£Ÿjì ¿ µ¼IORDINANCE NO. 546
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
SECTION 8104 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO BUILDING
PERMITS
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN
AS FOLLOWS;
SECTION 1. That subparagraph c) is hereby added to
Section 8104 of the Baldwin Park Municipal Code to read
as follows:
c) Failure to Construct Improvements.
1) Declaration of Nuisance, The City
Council of the City of Baldwin Park does hereby
declare that where curbs, gutters and/or sidewalks
are required to be constructed as a condition of
issuance of a building permit pursuant to Sub-
paragraph a) of this Section, that the failure
to construct such improvements by the owner of
property to which such building permit relates/
is a public nuisance.
2) Notice to Construct. Where the City
Engineer finds that such improvements were
required to be constructed pursuant to Subparagraph
a) hereof, but have not been so constructed, and
that more than thirty 30) days has elapsed since
the completion of the building or structure for
which the building permit was issued, he shall
notify the owner of such property, by United
States Mail, postage prepaid, addressed at his
last known address, that unless construction of
such improvements is commenced within a period of
not to exceed 15 days from the date of mailing
of such notice, and thereafter completed with
due diligence, that a public hearing will be
held before the City Council to determine
BIB]
37946-U01
ORD-U02
546-U02
LI2-U03
FO31549-U03
FO31592-U03
DO31597-U03
C5-U03
ORDINANCES-U03
11/20/2003-U04
ROBIN-U04
ORD 546 Ü h£Ÿjì ¿ µ¼Iwhether a public nuisance exists, by reason of
the failure to construct such improvements. Said
notice shall also state that if such nuisance is
found to exist by the City Council, that such
improvements will be constructed in order to
abate said nuisance and that the cost of such
abatement, including but not limited to,
administrative costs incurred therein, will be
assessed against the property pursuant to
Section 38771 et seq. of the Government Code
of the State of California.
Hearing, Where such improvements have
not been constructed and the Engineer gives the
notice hereinabove referred to, if the property
owner fails to commence, and thereafter complete,
said construction within the time permitted
therefor, as hereinabove set forth, the City
Clerk shall set the matter for hearing before
the City Council, and shall give not less
than five 5) days written notice to the owner
of the subject property, and to any other person
having a legal or equitable interest in or to
said property, of the time and place of the
public hearing before the City Council. At
the time of such hearing, if the City Council
finds, based upon evidence presented, that the
improvements were required by Subparagraph a)
hereof and have not been constructed and completed
in accordance with the City's specifications
therefor, it shall declare that such condition
constitutes a public nuisance, and shall direct
the City Engineer to abate such nuisance by
2-
BIB]
37946-U01
ORD-U02
546-U02
LI2-U03
FO31549-U03
FO31592-U03
DO31597-U03
C5-U03
ORDINANCES-U03
11/20/2003-U04
ROBIN-U04
ORD 546 Ü h£Ÿjì ¿ µ¼Icausing the construction of such improvements.
4) Abatement of Nuisance, The City
Engineer shall keep an accounting of the costs
of the construction of such improvements, in-
cluding all applicable administrative expenses
incurred in connection therewith, and upon
completion of such construction he shall report
the cost thereof to the City Council. Upon
receipt of a report of such costs the City Clerk
shall set the matter for hearing before the City
Council, and shall give not less than five 5)
days written notice to the owner and any other
person having an applicable or legal interest
in such property of the time and place of the
hearing to consider and confirm, or modify and
confirm, such costs. At the time set for such
hearing, the City Council shall review the report
of the City Engineer and if it finds that the
report of such costs represents the actual
expenses to the City for the abatement of such
nuisance, including administrative expense, it
shall confirm the costs as proposed by the
Engineer, or if the same so require, it shall
modify the same to insure an equitable assess-
ment of such costs for the nuisance abatement
against the owner of the property. Upon such
costs being confirmed, or confirmed as modified,
the City Clerk shall certify the results of
said confirmation proceeding to the County Tax
Assessor and Tax Collector and said amounts
as confirmed shall constitute a special assess-
ment against the property to which it relates,
3-
BIB]
37946-U01
ORD-U02
546-U02
LI2-U03
FO31549-U03
FO31592-U03
DO31597-U03
C5-U03
ORDINANCES-U03
11/20/2003-U04
ROBIN-U04
ORD 546 Ü h£Ÿjì ¿ µ¼Iand shall be collected in the time and manner
as set forth in Section 38771 et seq. of the
Government Code."
SECTION 2. That the City Clerk shall certify to the
adoption hereof and shall cause the same to be published in
the manner prescribed by law.
PASSED AND APPROVED this 19J"hday of March
1969.
C\^^^IWx^
JOSEPH MC^ARONy Mayor
ATTEST:
u
/^ /" /^ y
fie^f^-^ \ 4^^fa^A<^_^^
THELMA L. BALKUS, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I THELMA L. BALKUS, Ci+y Clerk of the Ci+y of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 546 was regularly introduced
and placed upon its first reading at a regular meeting of the
City Council on the 5th day of March, 1969. That,thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City
Council on the 19fh day of March______9 1969, by the following vots:
AYES: GREGORY, ADAIR, HAMILTON, MOREHEAD AND MAYOR MCCARON
NOES: NONE
ABSENT: NONE
A-^^_____________
HELMA L. BALKUS. CITY CLERK
4
BIB]
37946-U01
ORD-U02
546-U02
LI2-U03
FO31549-U03
FO31592-U03
DO31597-U03
C5-U03
ORDINANCES-U03
11/20/2003-U04
ROBIN-U04