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HomeMy WebLinkAbout1178 - .;..,..-, "."::; .- 1.._ ,. '-, . .,-- -r RESOLUTION NO. 1178 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING APPROVAL OF TEXT AMENDMENT 81-7 TO AMEND CH!PTER 4 of ARTICLE IX OF THE ARCADIA MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE REGULATIONS, AND TO ADD SECTION 9281.5 TO THE ZONING REGULATIONS REQUIRING THE PARKING OF VEHICLES IN RESIDENTIAL ZONES TO BE ON PAVED SURFACES. WHEREAS, a Text-Amendment was initiated by the City Council for the consideration of certain changes to the property main- tenance regulations of the Arcadia Municipal Code; and WHEREAS, a public hearing was held on September 8, 1981 at which time all interested persons were given full opportunity to be heard and present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RECOMMENDS TO THE CITY COUNCIL THAT THE FOLLOWING AMENDMENTS BE MADE TO THE ARCADIA MUNICIPAL CODE: Section 1. That Chapter 4 of Article IX of the Arcadia Municipal Code be amended to read as set forth in attached Ex- hibit "A". Section 2. That Section 9281.5 be added to the Zoning Ordinance to read as .follows: "9281. 5. No person or persons shall park or store a vehicle on any property zoned or used for residential purposes other than on a lawfully installed paved surface." Section 3. The Planning Commission finds that the public necessity, convenience, general welfare and good zoning practice justify the above recommendations. Section 4. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia held on the 22nd day of September., 1981, by the following vote: - 1 - 1178 i \ i , \ \, .......-- :',,:.-Jf" . AYES: NOES: ABSENT: 'ABSTAIN: ATTEST: .~' Commissioners Fee, Hedlund, Hegg, Jahnke, Kuyper, Sargis, Soldate None None None ~:::t~. jr-Ld,~ h~~~# Secretary . . - 2 - 1178 .' . . -, EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING CHAPTER 4 TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE REGULATIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 4 of Article IX of the Arcadia Municipal Code is hereby amended to reed as follows: . "ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 4 PROPERTY MAINTENANCE 9400. TITLE. The provisions of this Chapter shall be known as the Property Maintenance Code and will be referred to herein as "this Code". 9401. PURPOSE. The purpose of this Code is to insure proper maintenance of property within the City of Arcadia so that the public health, safety and welfare are not endangered by substandard properties and the blighting effect such properties have on ,the entire community. 9402. DEFINITION. BUILDING OFFICIAL. ''Building Official" shall mean the Chief Building Official of the City, or his authorized representative. 9403. DEFINITION. PUBLIC NUISANCE. Any condition of real property which is substandard as described in Section 9406 of this Code is hereby declared to 00.0 public nuisance and shall be abated by repair, rehabilitation, demolition or removal. 9,404. ENFORCEMENT. Any person who violates any Section of this Code or foils, ne,glects, or refuses to obey any order issued pursuant to this Code is guilty of a misdemeanor. .' . . " '9405. ENFORCEMENT BY BUILDING OFFICIAL. I. Authority. The Bui Iding Official is hereby authorized and directed to administer and enforce 011 of the provisions of this Code. 2. Right of Entry. Whenever. necessary to make on inspection to enforce any of the provisions of this Code, or whenever the Bui Iding Official has reasonable couse to bel ieve that there exists in any bui Iding or upon any premises, any condition which makes such building or premises substandard os defined in Section 9406 of this Code, the Building Official may enter such building or premises at 011 reasonable times to inspe~t the some or to perform any duty imposed upon the Building Official by this Code; provided that if such building or premises be occupied, he sholl first present proper credentials and demand entry. If such entry is refused, the Building Official sholl hove recourse to every remedy provided by low to secure entry. 9406. SUBSTANDARD CONDITIONS. No person or persons sholl maintain, allow, couse, permit, aid, abet, suffer or conceal, the following on real property in the City of Arcadia, 011 of which ore hereby declared to be substandard conditions: I. Any condition which is maintained in violation of or in noncom- pliance with any regulation of the Arcadia Municipal Code. 2. Any unsafe building or structure os defined by Section 203 of the Uniform Building Code, os adopted by Article VIII of the Arcadia Municipal Code. 3. A bui Iding or structure, includ\ng components or ports thereof, and the site upon which it stands, which has any of the following conditions: a. Faulty weather protection, which sholl include but not be limited to the following: (I) Deteriorated, crumb I ing, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective, or lock of, weather protection for exterior wall coverings, including lock of point or weathering due to lock of point or other approved protective covering. (4) Deteriorated, broken, rotted, split, or buckled exterior wall coverings or roof coverings. .. . . 4. Abuilding or structure or part thereof which was constructed, or partially constructed, without complying with applicable provisions of the Arcadia Municipal Code or other law. 5. Any building or structure or portion thereof which cannot be lawfully used in its existing location and condition for any purpose for which it is designed. 6. Any partially constructed building or structure, together with material and equipment used for construction, which is not completed within a reasonable time, or upon which there is a cessation of work for more than sixy (60) days, unless such compl.etiQn or cessation of labor is caused by factors which ore not within the control of the owner, such os war, labor strikes, and litigation. 7. Unoccupied bui Idings left open or unlocked, or otherwise unsecured from intrusion by persons, 0I1imals, or the elements, or which have been secured by unlawful means, including but not limited to windows, doors, and other openings which are not boarded up. 8. Weeds or dead vegetation on the premises or adjacent parkways. 9. Vegetation which is excessively overgrown so as to constitute a fire, health or safety hazard. 10. An accumulation of debris, or equipment which is not lawfully screened from view from adjacent property, public or private. II. Refuse" rubbish, garbage, offal, animal excrement or other waste material which is not kept or disposed of in accordance with regulations of the Arcadia Municipal Code or other provisons of law. 12; A lack of maintenance of buildings, structures and landscaping, including lawns, trees and shrubbery, which .results in conditions out of harmony or conformity with the maintenance standards of adjacent property. 13. Soil which is in such a condition, from whatever cause, that dust clouds form when the soil is disturbed by any couse. 9407. ENFORCEMENT PROCEDURES I. Commencement of Proceedings. Whenever the Sui Iding Officiol has inspected or caused to be inspected any premises and has found and determined that a substandard condition exists thereon, he .shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of the condition. 2. Notice and Order. The Building Official sholl either personally deliver the notice and order to. the record owner and person in possession of the . , " . real property affected, or deposit the same in the United States Moi I, in a sealed envelope, postage prepaid to such person or persons, at their last known business or residence address as the ,same appears on the records of the City of Arcadia W.ater Department and on the assessment rolls of the City or of the County on file in the O,ffice of the City Clerk. The notice and order shall contain: a. The street address and a legal description suffiCient for identification of the premises. b. A statement that the Bui Iding Official has found a substandard condition with a concise description of the condition. c. A statement of the action required to be taken as determined by the Building Official. (J) If the Building Official has determined that a building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. (2) If the Building Official has determined that the . building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable. (3) If the Building Official has determined that the bui Iding or structure must be demolished, the order shall require that the building or structure be vacated within such time as the Building Official shall determine reasonable; that all required permits be secured therefor, and that the demolition be completed within such time as the Building Official shall determine is reasonable. d. Statements advising that if any required repair of demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (I) will order the building vacated and pasted to prevent further occupancy until the work is completed, (2) May proceed to cause the work to be done and charge the costs thereof against the property or its owner, or (3) Request prosecution under Section 9403 of this Code. ,. . e. If the notice ond order contains 0 statement that the City may proceed to couse the work to be done and charge the costs thereof against the property or owner, then the notice and order sholl also contain 0 statement advising (I) That any person having any record title or legal interest inthe building may appeal from .the notice and order or any action of the Building'Official to the City Council, provided the appeal is made in writing and in the form as provided in this Code and filed with the Building Official within fifteen (15) days from the dote !Jf such notice and order; and (2) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. 9408. STANDARDS TO BE FOLLOWED. The following standards shall be followed by the Building Official (and by the City Council if on appeal is taken pursuant to Section 9409 of this Code) in ordering the repair, vacation or demolition of any substandard bui Iding or structure: I. If any building declared a substandard building under this Code sholl either be repaired in accordance with the current Bui Iding Code or shall . be demolished at the option of the building owner. 2. If any bui Iding or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the publ ic or of the occupants, it sholl be ordered to be vacated. 9409. APPEAL. Any person entitled to notice and order containing the statement required by Section 9407. 2.e. of this Code may appeal to the City Council from any notice and order or any action of the Building Officia.! by filing a written notice of oppeal with the City Clerk. The form of the notice of appeal and all procedures for hearing and disposing of the appeal shall be established by a resolu- tion of the City Council. 9410. WORK DONE BY CITY. COST. ASSESSMENT. The City Council by resolution may establish procedures for carrying out the order of the Building Official pur- suant to Section 9407. 2 e. of this Code in the event that the owner fails to do so. The City Council may order the cost of any work done pursuant to such proce- dures assessed against the property and collected at the same time and in the . .. some manner as ordinary municipal taxes are collected in accordance with and ... subject to the provisions of Government Code Section 38773.5." SECTION 2. Section 9281.5 is hereby added to the Arcadia Municipal Code to read as follows: ''9281.5. No person or persons shall pork or store a vehicle on any property zoned or used for residential purposes other than an a lawfully installed poved surface." SECTION 3. 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 misdemeanor. Any person convicted of a misdemeanor under any provisions 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 gui I ty 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 accord- ingly. SECTION 4. In addition to the penalties provided in the preceding 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 abotep as such, and each day such condition continues shall be regarded as a new and seporate offense. SECTION 5. 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 Counci I of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespec- tive of the fact that anyone or more sections, subsections, sentences, clauses, . phrases or portions be declared invalid or unconstitutional. . , . . . , .' . SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance sholl in any manner affect the prosecution for violotion of ordinances, whi~h violations were committed prior to the effective dote hereof, nor be construed os affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisons applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, fi led or deposited pursuant to any ordinance and 011 rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 7. The Clerk of the Council shall certify to the passage and adoption of this ordinance and sholl 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 its regular meeting held on the day of Mayor of the City of Arcadia ATTEST: City Clerk of the City af'Arcadia I HEREBY CERTIFY that the foregoing ordinance was adopted at o regular meeting of the City Council of the City of Arcadia, California, held on the day of , by affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: City Clerk . . .' " .. . . '//7'1 SEPTE MBER 8, 1981 TO: CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT FROM: CASE NO.: PREPARED BY: TEXT AMENDMEf\IT 81-7 SHERYL SANDERSON PLANNING INTERN GENERAL INFORMA TlON APPLlC ANT: REQUEQ: City o'f Arcadia To amend Chapter 4 of Article IX of the Arcat'ia Municipal Code relating to property maintenance regulations, and to add Section 9281.5 to the Zoning Regulations requiring the parkinq of vehicles in residential zones to be on paved surfaces. PROPOSAL AND ANAL YSIS This Text Amendment was initiated by staff pursuant to the direction of the City Council, in order to clarify and enable the City to more effectively I'nforce the City's property maintenance regulations. Attached is a draft of the revised property maintenance regulations. Said regulations will permit the City to expeditiously pursue property maintenance violations. The existing property maintenance regulations contain a regulation which more appropriately belongs in the Zoning Ordinance. Adding Section 9281.5 to the Zoning Ordinance will ensure that vehicle parking on paved surfaces in residential areas will continue to be enforced. Said Section is proposed to read as follows: "9281.5. No person or persons shall park or store a vehicle on any property zoned or used for residential purposes other than on a lawfully installed paved surface." Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Therefore, a Negotive Declaration has been prepored for this project. Before the Planning Commission and City Council take action on this project, the Commission and Council should "move to approve and file the Negative Declaration -1- . . . . . anci find that the project will not hove 0 siQnificant effect on thE' environment", RECOMMENDA TION The Plannina Deportment recommends approval of Text Amendment 81-7. After takina action on this application, thE' Planninq lommissionlT' shoulrl direct stoff to preparE' a resolution for adoption at its next rneetinq. -2- . . . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARCADIA ADDING CHAPTER 4 TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE RElA TING TO PROPERTY MAINTENANCE REGULA TIONS. THE CITY rOUNCll OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION I. rhapter 4 af Article I X af the Arcadia Municipal Cade is hereby amended to read as follows: "ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 4 PROPERTY MAINTENANCE 9400. TITLE. The provisions of this rh'apter sholl he known as the Property . Maintenance Code and will he referred to herein as "this Code". 940 I. PURPOSE. The purpose of this Code is to insure proper maintenance of property within the City of Arcadia so that the public health, safpty and welfare are not endanqered by substandard properties and the hliahtinq effect such properties have on the entire community. 9402. DEFINITION. 8UIlOING OFFICIAL. "Buildinq Official" shall mean the Chief Building Official of the City, or his authorized representative. 9403. DEFINITION. PUBLIC NUISANCE. Any condition of real property which is substandard as descriheCi in Section 9406 of this Code is hereby declared to he a public nuisance and shall be abateel by repair. rehabilitation, demolition or removal. 9404. ENFORCEMENT. Any person who violates any Sectior of this Code or foils, neglects, or refuses to obey any order issued pursuant to this Code is guilty . of 0 misdemeanor. -3- . . . . . " 9405. ENFORCEMENT BY BUILDING OFFICIAL. I. Authority. The Bui Idina Official is hereby outhorized and directed to odminister and enforce 011 of the provisions of thi~ r:ode. 2. Right of Entry. Whenever necessary to make on inspection to enforce ony of the provisions of this Code, or whenever the Building Official hos reasonable couse to helieve that there exists in any huilriina or upon any premises. any condition which makes such building or premises substandard as defined in Section 9406 of this Code, the Buildino Official mav enter such building or premises at 011 reasonable times to inspect the some or to perform anv duty imposed upon the Building Official by this Code; provided that if such building or premises .be occupied, he shall first present proper credentials and demand entry. If such entry is refused, the Building Officio) shall hove recourse to every remedy provided by low to secure entry. 9406. SUBSTANDARD CONDITIONS. No person or persons sholl maintain, allow. cause, permit, aid, abet, suffer or conceal, the following 01' real property in the City of Arcadia, all of which ore hereby declared to be substan-dord conditions: I. Anv condition which is maintained in violation of or in noncom- pliance with any regulation of the Arcadia Municipal Code. 2. Any unsofe buildina or structure os defined hy Sectinl' 203 of the Uniform Building Code, os adopted by Article VIII of the Arcadia Municipal Code. 3. A building or structure, including components or ports thereof, and the site upon which it stands, which has any of the following conditions: a. F (lulty weather protection, which shall include but not be limited to the following: (I) Deteriorated. crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof. foundations, or floors, including brakeI' windows or doors. (3) Defective, or lock of. weather protection for exterior wall coverings, including lack of point or weathering due to lack of point or other approved protective covering. (4) Deteriorated, broken, rotted. split, or buckled exterior wall coverings or roof coverinas. I. -..- . . . . . 4. A building or structure or port thereof which was constructed. or partially constructed, without complying with applicable provisions of the Arcadia Municipal Code or other low. 5. Any building or structure or portion thereof which cannot be lawfully used in its existing location and conciition for any purpose for which it is designed. 6. Any partially constructed buildina or structure, together with mater ial and equipment used for construction, which is not completed within o reasonable time, or upon which therE' is (1 cessation of work for more than sixy (60) days. unless such completion or cessation of labor is caused by factors which ore not within the control of the owner. such os war. labor strikes, and litiaation. 7. Unoccupied bui Idings left open or unlocked. or otherwise unsecured from intrusion by persons, animals, or the elements, or which hove oeen secured bY unlawful means, including but not limited to windows. doors. and other openings which ore not boordeci up. 8. Weeds or dead veaetation on the premises or adjacent parkways. 9. Vegetation which is excessively overgrown so os to constitute o fi re, health or safety hazard. 10. An accumulation of debris, or equipment which is not lawfully screened from view from adjacent property, public or private. II. Refuse. rubbish, garbage, offal, animal excrement or other waste material which is not kept or disposed of in accordance with regulations of the Arcadia Municipal Code or other provisons of low. 12. A lock of maintenance of bui Idings, structures and landscaping, including lawns, trees and shrubbery, which.results in conditions out of harmony or conformity with the maintenance stondards of adjacent property. 13. Soil which is in such 0 condition. from whatever couse, that dust clouds form when the soil is disturbed by Clny couse. 9407. ENFORCEMENT PROCEDURES I. Commencement of Proceedings. Whenever the Building Official f.tas inspected or caused to be inspected any premises and has found and determined that a substandard condition exists thereon, he shall commence proceedings to cause the repair, rehabilitation. vacation, or demolition of the condition. 2. Notice and Order. The Building Official sholl either personally deliver the notice and order to the recorci owner and person in possession of the -5- . . . . . real property affected, or deposit the some in the United States Moil, in 0 sealed envelope, postage prepaid to such person or persons, at their lost known business or residence address os the some appears on the records of the City of Arcadia Water Deportment and on the assessment rolls of the City or of the County on file in the Office of the City Clerk. The notice and order sholl contain: 0.. The street address and 0 legal description sufficient for identification of the prem ises. b. A statement that the Building Official has found 0 substandard condition with 0 concise description of the condition. c. A statement of the action required to be token os determined by the Bui Iding Official. (I) If the Building Official has determined that 0 building or structure must be repaired, the order sholl require that 011 required permits be secured therefor and the work physicolly commenced within such time and completed within such time os the Building Official sholl determine is reasonable under 011 of the circumstances. (2) If the Building Official has determined that the building or structure must be vacated, the order sholl reouire that the building or structure sholl be vacated within 0 time certain from the dote of the order os determined by the Building Official to be reasonable. (3) If the Building Official has determined that the building or structure must be demolished, the order sholl require that the building or structure be vacated within such time os the Building Official sholl determine reasonable; that 011 required permits be secured therefor, and that the demolition be completed within such time os the Building Official sholl determine is reasonable. d. Statements advising that if any required repair of demolition work (without vocation also being required) is not commenced within the time specified, the Building Official (I) will order the building vocated and posted to prevent further occuponcy until the work is completed, (2) May proceed to couse the work to be done and charge the costs thereof against the property or its owner, or (3) Request prosecution under Section 9403 of this Code. -6- . . . . . e. If the notice anci order contains 0 statement that the City may proceed to cause the \/Iork to he done ancl charge the costs thereof ogainst the property or owner, then the notice and order shall also contain a statement advising , (I) That any person having any recorcl title or leaal interest in the buileiing may appeal from the notice and order or any action of the 8vilding Official to the City Council, provided the appeal is made in writing and in the form as provided in this Code and filed with the Building Official within fifteen '( 15) days from the date of such notice and order; and (2) That failure to appeal y'i11 constitute a woiver of all right to an administrative hearing anci determination of the matter. 9408. STANDARDS TO BE FOllOWED. The following stnndards shall be followeci by the Building Official (and by the City Council if an appeal is taken pursuant to Section 9409 o(this Code) in ordering the repair. vacation or clemolition of any substandard bui Iding or structure: I. If any building declared a substandard building under this Code shall either be repaired in accordance with the current Buileiing Coeie or sholl be demolished at the option of the building owner. 2. If any building or structure is in such conciition as to make it immediately dangerous to the I i fe, Ii mb, proper ty or safety of the publ ic or of the occupants, it sholl be ordereei to be vacated. 9409. APPEAL. Any person entitleei to notice ond order containing the statement required by Section 9407. 2.e. of this Code may appeal to the City Council from any notice and order or any action of the Building Official by filing 0 written notice of appeal with the City <Ierk. The form of the notice of appeal and all procedures for hearing and disposing of the appeal shall be established by 0 resolu- t ion of the Ci ty Council. 9410. WORK DONE BY CITY. COST; ASSESSMEf\IT. The City Council by resolution may establish procedures for carrying out the orcier of the Buileiin(j Official pur- suant to Section 9407. 2 e. of this Code in the event that the owner foils to do so. The City Council may order the cost of any work done pursuant to such proce- dures assessed against the property and collected at the some time and in the -7- . . . same manner as ordinary municipal taxes are collected in accordance with and subject to the provisions qf Government Cod€' Section 38773.5." SECTION 2. Section 9281.5 is hereby added to the Arcadia Municipal Code to read as follows: "9281.5. No person or persons shall park or store 0 vehicle on any property zoned or used for r€'sidential purposes other than on a lawfully installed paved surface." . SECTION 3. Na persan shall violat€' any provision. or fail to comply with any of the requirements of this orciinonce. Any persan violatinq any of the provisions or failina to comply with any of the mandatory reauir€'ments af this ordinance shall be auilty of 0 misdemeanor. Any person convicted of a misdemeanor under any provisions of this ordinance shall be punishable by a fine of not more thon Five Hundred Dallars, or hy imprisonment in the City Jailor County Jail for 0 period not exceedina six months or by both such fine and imprisonment. Each such person sholl b€' gui I ty of 0 seoorate offense for each and every day durinQ any portion of which any violation of any pravisi"n of the ordinance is committed, continued. or perfT'ittecl by such person f'nd sholl h€' punishable accord- ingly. SECTION 4. In addition to the penalties provided if' the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemerl a public nuisance ond may be. by the City, summarily abated as such. and each day such condition continues shall he regarded as a new and separate offense. . SECTION 5. If any section, subsection. sentence, clouse, phrase or portion of this ordinanc€' is, for any reason. held to be invalid or unconstitutional by the ciecision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Th€' City Council of the City of Arcadia herehy declares that it would hav€' adopted this ordinance anel each section. subsection, sentence, clause, ohrase or portion thereof irrespec- tive of the fact that anyone or more sections, subsections. sent€'nces, clauses, phrases or portions b€' declar€'c invalid or unconstitutional. -8- - . . . . SECTION 6. Neither the adapt ion of this ordinance nor the repeal hereby of any ordinance sholl in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective dote 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 provisons applicable to anY violation thereof, nor to affeC't the vol idity of any bonrl or cash deposit In lieu thereof, required to be posted, fi led or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining sholl continue i" full. force ond effect. SECTION 7. ,The Clerk of thE' Council sholl certify to the passaqe and adoption of this ordinance and shall cause the some to be published in the official newspaper of the City of Arcadia withi" fifteen (15) days after its adoption. PASSED AND ADOPTED 8Y THE CITY COUNrll of the City of Arcadia at its regular meetina held on the day of ATTEST: Mayor of the City of Arcadia City Clerk of'the City of Arcac1ia I HEREBY CERTIFY thot the foregoing ordinonce was adopted at a regwlar meeting of the City Council of the City of Arcadia, California. held on the day of , by affi rmotivE' votE' of at least three Counci Imen, to wit: AYES: NOES: ABSENT: City Clerk -9-