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HomeMy WebLinkAboutORD 749ORD 749pT3(ÌìÑ©ORDINANCE NO. 749 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN SECTIONS TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND PERMITS, HOUSE MOVING. TRUCK PARKING, AND SIDEWALK CONSTRUCTION THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4030(v) of the Baldwin Park Municipal Code is hereby repealed and rescinded. SECTION 2. That Sections 4016, 4018(c), 4019, 4020, 4030(o), 4030(p), 7005. 7006, 7700, 7702» 7703, 7704. 7705, 7706 and 7707 are hereby amended and Sections 3233(e), 4030(v), 4030(w) and 7007 are hereby added to the Baldwin Park Municipal Code to read as follows: 3233. TRUCK PARKING. e) No person shall park, cause to be parked or otherwise leave standing, any vehicle exceeding a maximum gross weight of three tons on any street of this City other than those streets or parts of streets identified as truck routes in Section 3233(d). Parking time shall not exceed two 2) hours on these designated streets, except that overnight parking shall be permitted on Baldwin Park Boulevard between Bess Avenue and Dalewood Street as provided in Section 3217. 4016. NO LICENSE TRANSFERABLE. AMENDED LICENSE FOR CHANGE OF NAME AND/OR LOCATIOTTNo business license issued pursuant to this Chapter shall be transferable; provided, that where a business license is issued authorizing a person to engage in a business at at particular location, such licensee may upon application therefor and paying a fee as set by resolution of the City Council have the business license transferred to some other location and issued under another business name. 4018. POSTING AND KEEPING LICENSE. c) Decals. Any licensee, to whom a business license has been issued for the operation of a wheeled vehicle, shall obtain from the City Manager, in addition to such business license, a numbered vehicle decal, said decal shall be permanently affixed to the lower right corner of the windshield of such vehicle. Any licensee to whom a business license has been issued for the operation of a coin-operated machine or device shall obtain from the City Manager, in addition to a business license, a numbered vending machine decal, said decals shall be permanently affixed to each machine, in a conspicuous location. 4019. LICENSE TAX-HOW AND WHEN PAYABLE. Unless otherwise specifically provided in this Chapter, all business licenses issued under the provisions of this Chapter shall be annual business licenses, and the business license tax thereon shall be due and payable in advance on the first day of January of each calendar year. Business license taxes for new businesses shall be prorated as follows: a) If the business is commenced on or after January 1st, and prior to or on March 31st, of any calendar year, the amount of business license shall be the full annual rate therefor; b) If the business is commenced on or after April 1st, and prior to or on June 30th, of any calendar year. the amount of business license shall be three-quarters 3/4) annual rate therefor; BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 2 c) If the business is commenced on or after July 1st, and prior to or on September 30th, of any calendar year, the amount of business license shall be one-half 1/2), of the annual rate therefor; d) If the business is commenced on or after October 1st, and prior to or on December 31st, of any calendar year, the amount of business license shall be one-quarter 1/4) of the annual rate therefor; e) Provided that if the annual tax for such a new business or activity is $7.50 or less, there shall be no proration. and the full annual rate shall be due and payable. All business license taxes shall be payable in advance, in lawful money of the United States, at the Office of the Finance Director of the City. 4020. PENALTY FOR FAILURE TO PAY TAXES WHEN DUE. Any person who fails to pay a business license tax when due shall be assessed by the City Manager a penalty of 10% per month to a maximum of 100% of the business tax due. Said penalty shall be imposed if such taxes are not paid within thirty 30) calendar days after the due date of such taxes; provided that if the last day for payment of said tax falls upon a holiday, then the time for payment of such tax, without the Imposition of a penalty, shall be extended to the next succeeding day during which the City offices are open for business. 4030. BUSINESS LICENSE TAXES. o) PUBLIC UTILITIES. Every person engaged as a public utility or otherwise in the distribution, transportation or transmission of electricity, gas, communications or water, unless operating under a franchise and paying a franchise tax to the City, shall pay an annual license fee of $35.00, plus $5.00 for each employee in excess of three 3). p) REAL ESTATE BROKERS. Real estate brokers shall pay an annual license fee of $65.00 plus an additional fee of $5.00 for each employee in excess of three 3). Out of City real estate broker placing a sign on any property in the City of Baldwin Park shall pay an annual fee of $65.00 per year. v) GROSS RECEIPTS. For every business not licensed under any other Section of this code or which can only be licensed under a Gross Receipt Type license as directed by the State of California Statutes, the following Gross Receipt Fee Schedule will be used. $ 0.00 to 5,000.00 to 10,000.00 to 15.000.00 to 20,000.00 to 25,000.00 to 30,000.00 to 35.000.00 to 40.000.00 to 45,000.00 to 50,000.00 to 55,000.00 to 60.000.00 to 65,000.00 to 70,000.00 to 75.000.00 to 80,000.00 to 85.000.00 to 90,000.00 to 95,000.00 to GROSS RECEIPT FEE SCHEDULE $ 5,000.00 $ 35.00 10,000.00 40.00 15.000.00 45.00 20.000.00 50.00 25.000.00 55.00 30.000.00 60.00 35,000.00 65.00 40,000.00 70.00 45,000.00 75.00 50.000.00 80.00 55.000.00 85.00 60.000.00 90.00 65,000.00 95.00 70,000.00 100.00 75,000.00 105.00 80.000.00 110.00 85.000.00 115.00 90,000.00 120.00 95.000.00 125.00 100,000.00 and over 130.00 BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 3 w) BUSINESSES NOT EXPRESSLY PROVIDED FOR, Every person engaged in a business, as to which a business license tax is not specifically set forth herein, shall pay an annual license fee of $35.00 plus $5.00 for each employee in excess of three 3). 7005. SAME. CERTIFICATE OF OCCUPANCY. DEPOSITS. The Building Official shall refuse to issue any certificate of occupancy for any building or structure within the City, and shall refuse to approve any utility connection to any building or structure within the City unless and until: 1) Curbs, gutters, sidewalks, driveway approaches and street trees have been installed and constructed in the manner set forth in this Chapter; 2) If the Director of Public Works shall determine that immediate construction of said improvements is not feasible due to existing local conditions, that the applicant has deposited with the City cash, or an instrument of credit, as that phrase is defined in Section 11612 of the Business and Professions Code of the State of California, in an amount equal to the estimated cost of construction of said improvements, as deter- mined by the said Director; or 3) If the Director of Public Works, upon written application, from the property owner or his agent, has waived the application of this Chapter in the manner hereinafter set forth. 7006. SAME. WAIVER. The Director of Public Works, upon written application, may waive the application of this Chapter, in whole or in part, if said Director finds that any one or more of the following conditions exist: 1) That because of the location of the property concerned, the terrain or condition of the property that the construction of curbs or gutters or sidewalks or driveway approaches would be impracticable or unnecessary; or 2) That because of the lack of adequate data in regard to street grade, plans or surveys, that the construction of any of the said improvements above described render impracticable or unnecessary the construction thereof; or 3) That the construction of any one or more of the above described improvments, is included in a budgeted City project, or an existing or proposed assessment district; or 4) That the location of the property concerned is on a non Select System street in an industrially zoned area and there is no appreciable existing or projected pedestrian traffic on the street, thus making the construction of sidewalks imprac- ticable. 7007. APPEAL. Any person dissatisfied with the determination of the Director with reference to a waiver of improvements shall have the right to appeal to the City Council taken in the time and manner set forth in Section 2900 et seq. hereof, without fee. 7700. DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context otherwise clearly requires: a) Building shall mean any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels, or property of any kind; b) Code shall mean the Baldwin Park Municipal Code; BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 4 c) City shall mean the City of Baldwin Park; d) Council shall mean the City Council of the City of Baldwin Park; e) Director shall mean the Director of Public Works or his authorized representative; f) House Moving Permit shall mean a permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the City; g) Relocate or Relocation shall mean the temporary or permanent relocation of any building or structure upon any property located within said City; h) Structure shall mean anything constructed or erected which requires a fixed location on the ground or is attached to some object having a fixed location on the ground; 1) Temporary shall mean a period not to exceed one 1) year. 7702. PERMIT APPLICATIONS. a) Application. To obtain a permit to move a building or struc- ture, the applicant shall first file an application therefor in writing on a form furnished for that purpose by the Director. Every such application shall contain the following information: 1) The address and legal description of the land on which the building or structure is situated; 2) The address and legal description of the land to which the building or structure is to be moved; 3) The alterations or additions, if any, to be made to the building or structure to be moved or removed; 4) The name and address of the contractor; 5) The name and address of the house mover"; 6) The current use made of the building, or structure to be moved; 7) The use to be made of said building or structure If it is to be moved or removed to land within the City; 8) Photographs of the building proposed to be relocated and of the proposed site. b) Filing Fee. Prior to or at the time of filing any application for a permit to move a building or structure, a fee as prescribed by City Council Resolution shall be paid by the applicant to cover the reasonable cost of investigations and other services required by the City pursuant to this Chapter. The filing fee provided in this section shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve, and convert any structural, electrical, plumbing and/or heating facilities required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances. 7703. INVESTIGATION. REPORT. The Director, upon receipt of application for a permit to move or remove a building or structure, shall make all necessary inspections to determine whether such building or structure may be moved safely without demolishing or destroying the same BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 5 and shall determine whether or not the proposed location of any building or structure sought to be moved or removed in the City meets the requirements of the Uniform Building Code and any other laws or ordinances pertaining thereto. The application shall also be examined and reviewed by other departments of the City to check and approve the proposed route to be followed in transporting the structure and to check compliance with existing laws and ordinances. Upon completion of his investigation, the Director shall make and file a written report to the applicant of his findings and recommendation. Where investigations are required to be made by the Director beyond the City limits, the applicant shall pay the Director a fee in an amount determined by Resolution of the City Council for the total mileage from the City Hall to the site where the inspection is made and return. This charge shall be in addition to other fees required pursuant to the provisions of this Chapter. 7704. RELOCATION. a) Permit Use Restriction. No permit required by this Chapter shall be issued to relocate any building or structure which in the opinion of the Director is so constructed or in such condition as to be dangerous, or which is infested with pests or unsanitary or which, if it is a dwelling or habitation that is unfit for human habitation, or which is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its location at the proposed site would cause appreciable harm to or be materially detrimental to adjacent property or if the proposed use is prohibited by the zoning laws of the City or if the structure is of a type prohibited, at the proposed location, by any fire district ordinance or by any other law or ordinance provided, however, that if the condition of the building or structure, in the judgment of the Director, is such that it can be practicably and effectively repaired, the permit may be issued subject to appropriate conditions as hereinafter provided. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied. b) Insurance, Performance Bonds, Street Permits 1) The person named in the application as the person who will move the building or structure to be moved or removed shall furnish evidence of public liability and property damage insurance in an amount to be approved by the Building Division. The City of Baldwin Park shall be named as a co-insured in this policy. 2) Where the building is to be moved or removed to property within the City, the applicant shall file a performance bond in an amount to be determined by the Director, but in no event less than five thousand dollars, in the form of cash, surety bond or certificate of credit guaranteeing the performance within ninety days of all necessary work and improvements and the furnish- ing of all labor and materials necessary to make said building or structure, when moved to such location, comply with all applicable laws and ordinances including, but not limited to, the various health, building and zoning regulations of the City. In the event the building is to be moved or removed out of the City, such performance bond shall be filed guaranteeing the completion of such removal as prescribed by the terms of the permit issued hereunder; 3) Any person desiring to move any building along any street within the City shall first make application to the Director for an overload permit in accordance with Section 6400, and shall pay a permit fee to be set by City Council Resolution, and shall at the same time furnish a good and sufficient cash bond in an amount to be determined by the Director to protect the City against damage BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 6 to public property. Upon such application being made, the fee being paid and the bond being furnished, the Director shall issue a permit for the moving of such building, and shall indicate in such permit the streets along and over which the same shall be moved and the days and hours for such moving. 7705. DEFAULT IN PERFORMANCE. REMEDY, a) Whenever the Director shall find that a default has occurred in the performance of any term or condition of any house moving permit, written notice thereof shall be given to the principal and to the surety on the bond, if a surety bond is posted. b) Such notice shall state the work to be done, the estimated^ cost thereof, and the period of time deemed by the City to be reasonably necessary for the completion of such work, c) After receipt of such notice, the principal and/or surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the City the estimated cost of doing the work, as set forth in the notice, plus an additional sum equal to fifteen percent of the said estimated cost. Upon receipt of such monies, the Directory shall proceed, by such mode as he deems convenient, to cause the required work to be performed and completed, but no responsibility shall be assumed therein other than for the expenditure of the said sum for the purposes previously described therefor. Upon completion of the work a detailed accounting of a11 costs incurred by the City will be prepared and submitted to the surety together with an invoice for any cost overrun or a refund for any unexpended funds. d) If a cash bond or certificate of credit has been posted, notice of default, as provided above, shall be given to the principal, and if compliance is not had within the time specified, the City shall proceed without delay, and without further notice or proceedings whatever, to use cash or certificate of credit or any portion thereof to cause the re- quired work to be done, by contract or otherwise in the discretion of the Director. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the despositor, or to his successors or assignees, after deducting the cost of the work plus fifteen percent thereof. e) When any default has occurred on the part of the principal under the preceding provisions, the surety shall h^ve the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site. If the surety shall fail to complete the work or demolish the building or structure and to clear, clean, and restore the site as herein provided, the City shall have the same option. f) The term of each bond posted pursuant to this section shall begin upon the date of the posting hereof and shall end upon completion, to the satisfaction of the Director, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the Director, a copy of which will be sent to any surety or principal upon request. When a cash bond or certificate of credit has been posted, the cash or certificate shall be returned to the depositor, or to his successor or assignee upon completion of the work, except for any portion thereof that may have been used as elsewhere provided for in this section. 7706. ENTRY UPON PREMISES. a) The City, the surety company and the duly authorized represen- tatives of each, shall have access at all times to the premises described in the relocation permit for the purpose of inspecting the progress of the work. BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 749pT3(ÌìÑ©Ordinance No. 749 Page 7 b) In the event of default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, or the City, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. c) No owner, his representatives, successors or assignees or any other person, shall interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the City engaged in the work of completing, de- molishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof. 7707. APPEAL. Any person dissatisfied with the determination of the Director with reference to a house moving permit shall have the right of appeal to the City Council, taken in the time and manner set forth in Section 2900 et seq. hereof. SECTION 2. 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. APPROVED AND ADOPTED this 17th day of February 1977. ATTEST: 7^^^ THELW L. BALKUS. CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS. City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 749 was regularly introduced and placed upon its first reading at a____regular meeting of the City Council on the 3rd day of February, 1977.That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 17th day of February. 1977, by the following vote AYES: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO NOES: COUNCILMEN_______________________________________ ABSENT: COUNCILMEN L^^^^L^ THELMA L. BALKUS, CITY CLERK BIB] 37960-U01 ORD-U02 749-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32621-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04