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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.
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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
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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.
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