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HomeMy WebLinkAbout1676 ORDINANCE NO. 1676 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING THERETO SECTION 6214.6 REQUIRING OWNERS TO PAY ANY BUSINESS LICENSE FEE DUE FROM THEIR CONTRACTORS AND CONTRACT- ORS TO PAY ANY BUSINESS ~ICENSE FEE DUE FROM THEIR SUBCONTRACTORS OR MATERIALMEN PERFORMING ANY WORK OR IMPROVEMENT PRIOR TO FINAL INSPECTION OR ISSUANCE OF CERTIFICATE OF OCCUPANCY OR COMPLETION OF SUCH WORK OR IMPROVEMENT. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: .' SECTION 1. That the Arcadia Municipal Code is hereby amended by adding to Division 4, Part 1, Chapter 2 of Article VI, Section 6214.6 to read as follows: "6214.6. OWNER'S AND CONTRACTOR'S LIABILITY FOR SUBCONTRACTORS AND MATERIALMEN. Owners shall be liable for and shall pay to the City any business license fee due to the City from any of their contractors, and contractors shall be liable for and shall pay to the City any business license fee due to the City from any of their subcontractors or materialmen, who performed work or furnished materials to or for any improvement at such time as the statement of names and addresses of such subcontractors and materialmen is required to be filed by Arcadia Municipal Code ~ 8130.3.1 prior to final inspection or issuance of the certificate of occupancy, or if such a statement is not required to be filed, then prior to the completion of any such work or improve- ment.1I 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 -1- 1676 .- 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 violation 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 jurisdiction, 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 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 shall in any manner affect the prosecution 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 viola- tion thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to and adoption of this ordinance and shall cause the same to the passage be published -2- 1676 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 its regular meeting held on the 1st day of May, 1979. SlGNED AND APPROVED this 1st day of May, 1979. ~dcit!?:A~~ I HEREBY CERTIFY that the foregoing ordinance was adopted at a regula~ meeting of the City Council of the City of Arcadia, Ca1ifo~nia, held on the 1st day of May , 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Gilb, Parry, Pellegrino, Saelid and Margett None None -3- 1676