HomeMy WebLinkAbout2304ORDINANCE NO. 2304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF CHAPTERS 2 AND 4A OF ARTICLE I OF
THE ARCADIA MUNICIPAL CODE, REGARDING
ADMINISTRATIVE CITATIONS FOR BUILDING, ZONING,
PLUMBING, ELECTRICAL OR OTHER SIMILAR
STRUCTURAL VIOLATIONS
WHEREAS, California Code of Civil Procedure Section 1033.5 authorizes the
City of Arcadia (the "City ") to recover costs enumerated therein when said costs are
authorized by statute, contract, or law; and
WHEREAS, California Government Code Section 53069.4 authorizes the City to
issue administrative citations and collect fines for violations of its Municipal Code, and to
determine the process for issuance and collection of said fines; and
WHEREAS, California Government Code Sections 38773 and 38773.1 authorize
the City to provide for abatement of nuisances at the expense of persons creating,
causing, committing, or maintaining them, and provide for recovery via placement of
liens on property by following certain procedures; and
WHEREAS, zoning and building violations are impactful to the community and
can be costly, time - consuming and difficult to abate; and
WHEREAS, the City has an important interest in establishing regulations to
prevent safety, property, and health hazards, as well as to preserve the health, safety,
and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
1
SECTION 1. Section 1200 of Chapter 2, Article I of the Arcadia Municipal Code
is hereby amended by adding a Subsection (d) to read in its entirety as follows:
"(d) Recovery of Attorney's Fees. Any violation of the Arcadia Municipal Code is
hereby declared to constitute a public nuisance. In any judicial action, or administrative
or special proceeding brought by the City to abate a public nuisance pursuant to this
Chapter or to otherwise enforce this Chapter, the prevailing party shall be entitled to
recover its reasonable attorneys' fees. In no action or proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the City in the action or proceeding. A judicial action includes, but is not
limited to, any civil or criminal action, inspection or abatement warrant, administrative
proceeding, or appeal from an administrative proceeding. The City may recover any
award of attorney's fees in any manner authorized by law, including without limitation by
lien or special assessment."
SECTION 2. Section 1420 of Chapter 4A, Article 1 of the Arcadia Municipal
Code is hereby amended by deleting the current Subsection B and re- lettering the
remaining Subsections as appropriate to read in their entirety as follows:
"(A) This Chapter provides for administrative citations, which are in addition to
all other legal remedies, criminal, civil or administrative, which may be pursued by the
City to address any violation of this Code.
(B) Use of this Chapter shall be at the sole discretion of the City."
SECTION 3. Section 1422 of Chapter 4A, Article 1 of the Arcadia Municipal
Code is hereby amended by amending Subsection (A) to read in its entirety as follows:
2
"(A) Whenever an enforcement officer charged with the enforcement of any
provision of this Code determines that a violation of that provision has occurred, the
enforcement officer shall have the authority to issue an administrative citation to any
person responsible for the violation. Prior to issuance of an administrative citation for
any continuing violation relating to building, plumbing, electrical, or zoning regulations,
that do not create an immediate danger to health or safety, the enforcement officer shall
first issue a courtesy notice providing a reasonable period of time, as determined by the
enforcement officer based on the circumstances, to correct the violations. If said
violations are not completely corrected within that correction period, the enforcement
officer may issue administrative citations for these violations. Nothing herein shall
prevent the City from immediately issuing administrative citations for other violations."
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once in the official newspaper of
said City within fifteen (15) days after its adoption. This Ordinance shall take effect on
the thirty -first (31S) day after its adoption.
Passed, approved and adopted this 4th
ATTEST:
City rk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
3
day of December
, 2012.
Mayor of City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2304 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 4th day of December, 2012 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Council Members Amundson, Kovacic, Segal, Wuo and Harbicht
NOES: None
ABSENT: None
City lerk of the ty of Arcadia