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HomeMy WebLinkAbout1656 ORDINANCE NO. 1656 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A CHAPTER 7 AND SECTION 5700 TO ARTICLE V OF THE ARCADIA MUNICIPAL CODE PROHIBITING DUMPING ON VACANT LOTS AND REQUIRING BLOCKAGE OF ACCESS THERETO THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Arcadia Municipal Code is hereby amended by adding a new Chapter 7 and Section 5700 to Article V to read as follows: SANITATION AND HEALTH VACANT LOTS VACANT LOTS, DUMPING moomITED, BLOCKAGE OF ACCESS. No person shall deposit, place, leave or dump any matter whatsoever, including but not limited to earth, sand gravel, rock, concrete, asphalt, debris, dead vegetation, brick, construction waste or materials, wood, compost, or metal, on any vacant lot, nor shall any record owner of said vacant lot, permit or allow any matter as aforedescribed to remain on said vacant lot. No person shall be guilty of a violation of this section if such depositing, placing, leaving or dumping is carried out to perform any activity on said vacant lot authorized by a valid permit issued pursuant to the provisions of Article VIII of the Arcadia Municipal Code or by or at the request of any governmental entity on property owned by said governmental entity. Any record owner who has been mailed a notice by the City of Arcadia to remove any matter described in this section or in Section 5120.5 of this Code, from said record owner's vacant lot, shall install or cause to be installed, in accord- ance with the Arcadia Municipal Code and specifications on file in the Department of Public Works, improvements on said vacant lot and the public right-of-way contigious thereto, to "ARTICLE V. CHAPTER 7. 5700. -1- 1656 leaving or dumping of the matter aforedescribed in this sec- tion or any garbage, offal, trash, rubbish or other waste or refuse set forth in Arcadia Municipal Code Section 5120.2, within twenty (20) days after receipt of a written notice from the Director of Public Works, mailed certified mail to the address of said record owner as shown on the records of the Arcadia City Clerk and the last equalized assessment roll on file in the office of the City Clerk. Any violation of this section is hereby deemed to be a public nuisance and may be abated pursuant to Ordinance No. 1591 of the City of Arcadia." Section 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a mis- demeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. 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 ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. Section 3. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in viola- tion of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion -2- 1656 thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance sball in any manner affect the pro- secution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or de- posited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. Section 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at i ts /'~a1"itJeeting held on the 1st day of November, 1978. SIGNED AND APPROVED this 1st day of November 1978. ~~~ City Clerk .I HEREBY CERTIFY that the foregoing Ordinance was adopted at adj ou ~ aJregul~~e~eeting of the City Council of the City of Arcadia by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Margett, Pellegrino, Saelid and Parry. NOES: None ABSENT: Councilman Gilb City Clerk City of Arcadia. -3- 1656