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Home My WebLink About2127 ."...... ,,' . 'o!l. .- , ,~ ~ A ip' -.. ,~, ~.. ~ . ... .-- -. ~ - !- ORDINANCE NO. 2127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE I, CHAPTER 2, SECTION 1200; ARTICLE II, CHAPTER 2, DIVISION 5, SECTION 2215; ARTICLE III, CHAPTER 1, PART 3, DIVISION 4, SECTION 3114, SUBDIVISION I; ARTICLE VIII, CHAPTER 0, PART 3, SECTION 8030; ARTICLE VIII, CHAPTER 8, PART 3, SECTION 8839; ARTICLE IX, CHAPTER 1, PART 4, DIVISION 1, SECTION 9141.1; ARTICLE IX, CHAPTER 4, SECTION 9403, SUBDIVISION (a); AND ARTICLE IX, CHAPTER 8, SECTION 9815, SUBDIVISION (a) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO CODE ENFORCEMENT CITATIONS AND PROSECUTIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Article I, (General Provisions), Chapter 2 (Penalty Provisions), Section 1200 (Violations a Misdemeanor or Infraction), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "No person shall violate any provision or fail to comply with any of the requirements' of this Code. Each such person shall be guilty of a separate offense for each and 'every day, or any portion thereof, of which any violation of any provision of this Code is committed, continued, or permitted by such person, and shall be punishable accordingly. Every act prohibited, declared unlawful, or declared substandard, and every failure to perform an act made mandatory, 1 2127 , - shall be a misdemeanor or an infraction, at the discretion of the city attorney. (a) Penalty for Misdemeanor Violation - Any person convicted of a misdemeanor under any provision of this Code shall be punishable by a fine of not more that One Thousand Dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (b) Penalty for Infraction Violation - Any person convicted of an infraction under any provision of this Code shall be punished by: (1) A fine not exceeding One Hundred Dollars ($100.00) for a first violation; (2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (I) year; and (3) A fine not exceeding Five Hundred Dollars ($500.00) for a third and for any additional violation of the same provision within one (I) year. 2 2127 -. (c) Infractions Regarding Minors - Pursuant to the authority of Charter Section 150 I, notwithstanding any other provision of this Code, when a person under the age of eighteen (18) years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 60 I or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court." SECTION 2. Article II (Administration), Chapter 2 (Departments, Boards and Commissions), Division 5 (Prohibitions), Section 2215 (Punishment of Violations), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "It shall be a misdemeanor or an infraction, punishable as set forth in Section 1200 of the Arcadia Municipal Code, for any person, during an emergency, to:" SECTION 3. The first paragraph of Article III (Public Safety), Chapter I (Fire Department), Part 3 (Uniform Fire Code), Division 4 (Violations), Section 3114 (Violations), Subdivision I, of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: 3 2127 ''-, "I. Any person who shall violate any of the provisions of Sections 102, 103, 104, or 105 of the Uniform Fire Code or who shall build in violation of any detailed statement of specifications or plans submitted and approved under the provisions of this Code or Standards adopted, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Councilor by a court of competent jurisdiction, with the time fixed herein, shall severally for each and every such violation, be guilty of a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code." SECTION 4. Article VIII (Building Regulations), Chapter 0 (General Regulations), Part 3 (Violations), Section 8030 (Violations), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "No person shall erect, construct, enlarge, alter, repair, move, Improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure or fixture attached thereto In violation of any of the codes referenced by this Article in the City of Arcadia. 4 2127 Any such violation is a misdemeanor or infraction punishable pursuant to Section 1200 of the Arcadia Municipal Code." SECTION 5. Article VIII (Building Regulations), Chapter 8 (Disaster Shelters and Underground Utilities), Part 3 (Underground Utility Districts), Section 8839 (Penalty), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Part. Any person violating any provision of this Part, or failing to comply with any of its requirements, shall be deemed guilty of either a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code." SECTION 6. Article IX (Division and Use of Land), Chapter I (Subdivision Code), Part 4 (Enforcement), Division 1 (General), Section 9141.1 (Penalty for Noncompliance) of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "Violation of this Chapter, which is not also prohibited by the Subdivision Map Act, or by any other state statute, is a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code." 5 2127 SECTION 7. Article IX (Division and Use of Land), Chapter 4 (Property Maintenance and Nuisance Abatement), Section 9403 (Enforcement of Order to Abate Nuisance), Subdivision (a), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "(a) Violation. After any order of the Building Official or of the City Council, made pursuant to this Code, shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails .to comply with any such order is guilty of either a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code." SECTION 8. Article IX (Division and Use of Land), Chapter 8 (Comprehensive Tree Management Program), Section 9815 (Enforcement of Order to Abate Nuisance), Subdivision (a), of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "(a) Criminal. Any person who violates any provIsIOn of this Chapter shall be subject to the following remedies, in addition to any penalties as set forth in Section 1200 of the Arcadia Municipal Code." SECTION 9. The provisions of this Ordinance are severable, and the invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. 6 2127 SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 15th day of August ,2000. ATTEST: o.~~ ~~V ti(y C~erk \ APPROVED-AS TO FORM: , ~().~ City Attorney 7 2127 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2127 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of August, 2000 and that said Ordinance was adopted by the following vote, to wit: AYES: CounciJmember Chandler, Chang, Marshall, Segal and Kovacic NOES: None ABSENT: None cadia 8 2127