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HomeMy WebLinkAboutOrdinance No. 06-O2ORDINANCE NO. 06-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND RESTATING DIVISION 2 OF ARTICLE VI OF CHAPTER 46 OF THE AZUSA MUNICIPAL CODE DECLARING GRAFFITI TO BE A PUBLIC NUISANCE, PROVIDING FOR ITS REMOVAL AND THE RECOVERY OF COSTS INCURRED IN ITS REMOVAL WHEREAS, the placement of graffiti on public and private property is detrimental to the health, safety and welfare of the community in that it creates urban blight, encourages gang activity and reduces property values and business opportunities; and WHEREAS, the placement of graffiti on public and private property is also contrary to the City's aesthetic goals for public and private property and streetscapes and is inconsistent with the City's property maintenance goals; and WHEREAS, the City Council of the City of Azusa finds and determines that the placement of graffiti on public and private property is a public nuisance; and WHEREAS, Article VI, Division 2 of Chapter 46 of the Azusa Municipal Code already prohibits graffiti, especially graffiti related to gang markings and tagging; and WHEREAS, the City of Azusa spends a significant amount of public funds and other resources to remove graffiti; and WHEREAS, pursuant to Government Code Sections 53069.3, 38772, 38773, 38773.1, 38773.2, 38773.5 and 38773.6 the City wishes to augment Article VL Division 2 of Chapter 46 to add additional graffiti removal tools and to provide for the recovery of City funds expended on graffiti removal and abatement programs; and WHEREAS, because of limited financial resources, the City is unable to provide unlimited graffiti removal services and must enlist the assistance of property owners to alleviate the growing graffiti problem of the City; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Azusa as follows: SECTION 1. Division 2 of Article VI of Chapter 46 of the Azusa Municipal Code is hereby amended in its entirety and restated to read as follows: 0 0 "DIVISION 2 GRAFFITI Sections: Sec. 46-226 Purpose and Intent. Sec. 46-227 Definitions. Sec. 46-228 Defacement of public or private property; Declaration of nuisance. Sec. 46-229 Possession of graffiti implement. Sec. 46-230 Furnishing graffiti implements to minors; Storage requirements. Sec. 46-231 Posting and storage requirements for sellers of graffiti implements. Sec. 46-232 Adult/parental responsibility. Sec. 46-233 Removal of graffiti; Consent. Sec. 46-234 Removal of graffiti; Abatement by city. See. 46-235 Payment of abatement costs. Sec. 46-236 Abatement lien authority. Sec. 46-237 City program to remove graffiti. Sec. 46-238 Additional remedies; Recovery from minors. Sec. 46-239 Rewards. Sec. 46-240 Violation; Penalty. Sec. 46-241-250 Reserved. Sec. 46-226. Purpose and Intent. The City Council of the City of Azusa hereby finds and determines that the writing, spraying, scratching, etching or otherwise affixing graffiti or other inscribed materials on public or privately owned real or personal property without the consent or permission of the owner is injurious to the public health, safety and welfare, for the following reasons: 1. Graffiti markings are often placed on real or personal property, or structures or components thereof, by gangs to indicate illicit control over certain locations or areas for purposes of criminal activity; and 2. Graffiti markings directly and indirectly encourage gang warfare, including drive- by shootings, and other acts of violence which result in injuries and fatalities to gang members and innocent by-standers; and 3. Graffiti markings are destructive to public and private property and cause depreciation of property values and depreciation in the value of adjacent and surrounding properties; and 4. Graffiti markings result in blight and deterioration of property and business values in the community and lead to economic loss. The City Council also finds it necessary to enlist property owners to actively engage in removing graffiti and preventing its spread. In the past, the City has provided unlimited, free -2- 0 0 graffiti removal services. In addition, as a result of the City's limited financial resources and resulting reductions in available staff and crews directly assigned to graffiti removal, the City Council finds that it must develop alternative approaches to prevent the spread of graffiti in the City of Azusa. Therefore, the purpose of this Division is (1) to prohibit the defacement of public and private property with graffiti and declare graffiti to be a public nuisance; (2) prohibit the possession of graffiti implements by minors; and (3) provide for the removal of graffiti and the recovery of costs incurred by the City in such removal. By the enacting the provisions contained herein, the City Council seeks to diminish the negative and undesirable impact of graffiti and promote the health safety and welfare of the citizens of the City of Azusa. Sec. 46-227. Definitions. For the purposes of this Chapter, the following terms shall have the meanings provided in this section. "Abatement Costs" include, but shall not be limited to, the City's costs incurred to remove graffiti from public or private real or personal property, including, but not limited to, the City's administrative costs, attorney's fees, court costs and the costs of repair and replacement of the defaced real or personal property upon which graffiti is placed." "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. "City" means the City of Azusa. "City Manager" means the City Manager of the City of Azusa or his or her designee. "City's costs" are the costs to the City of Azusa to send a work crew to remove graffiti, including but not limited to each work crew member's wages, materials, travel time, and other expenses related to the removal of graffiti. "Etching Cream" means any cream, gel, liquid or solution capable by means of a chemical or physical action of defacing, damaging, or destroying hard surfaces by etching or abrasives. "Etching tool" means an instrument, tool or device designed or commonly used for marking, curing or defacing glass, and includes devices designed for marking surfaces and capable of marking glass and other hard surfaces. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing ink that is not water-soluble. -3- 0 9 "Graffiti" means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, inscribed, posted, painted or otherwise marked or affixed, including but not limited to stickers, on any public or private real or personal property without the consent or permission of the owner thereof. "Graffiti implement" means an aerosol paint container, etching cream, an etching tool, a felt tip marker or a graffiti stick. "Graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width and not water soluble. "Minor" means any unemancipated person who is less than eighteen (18) years of age. "Responsible Party" means the record owner of public or private property (excluding property owned by the City) or property owned by public utilities or railroad corporations located within the City; a person with primary responsibility for control of such public or private property; or a person with primary responsibility for the maintenance of such public or private property. Sec. 46-228. Defacement of public or private property; Declaration of nuisance. A. It is unlawful for any person to maliciously write, paint, spray, scratch or otherwise affix or apply graffiti on or in any public or private real or personal property, or any structure or component thereof within the City. B. Any graffiti placed and/or existing upon public or private property located within the City is declared to be a public nuisance. Graffiti not voluntarily removed as provided in this chapter shall be abated as provided herein. Sec. 46-229. Possession of graffiti implement. A. It is unlawful for a minor to have in his or her possession any graffiti implement, except for the minor's use under the supervision of the minor's parent, guardian, instructor or employer. B. It is unlawful for any person to have in his or her possession any graffiti implement while upon any real or personal property of the City, other than public highways, streets, alleys or ways, except as may be authorized by the City. C. It is unlawful for any person to have in his or her possession any graffiti implement while upon any public or private property, except as may be authorized by the owner of the property. Sec. 46-230. Furnishing graffiti implements to minors; Storage requirements. -4- A. It is unlawful for any person, firm or corporation to sell, give, exchange or in any way furnish any graffiti implement to a minor. B. It is unlawful for any person, firm or corporation that offers to the public any graffiti implement for sale to fail to store or cause to be stored any graffiti implement in such a manner as to be freely accessible to the public without employee assistance. See. 46-231. Posting and storage requirements for sellers of graffiti implements. It is unlawful for any person, firm or corporation that offers to the public any graffiti implement to fail to post in a conspicuous location, a sign containing the following language in letters at lease one-half inches in height: "IT IS UNLAWFUL FOR A MINOR TO BUY OR BE SOLD SPRAY PAINT, PAINT STICKS, ETCHING CREAM, ETCHING TOOLS, OR MARKERS ONE-EIGHTH OF AN INCH OR WIDER. (A.M.C. §§46-229-46-230)" See. 46-232. Adult/parental responsibility. It is unlawful for a parent or legal guardian having custody or control of a minor to knowingly permit, or by insufficient control, allow the minor to possess a graffiti implement unless supervision to the minor is provided. See. 46-233. Removal of graffiti; Consent. Any graffiti placed and/or existing upon public or private real or personal property located in the City is declared a public nuisance and shall be removed as provided herein: A. Any person applying graffiti within the City shall have the duty to remove the graffiti upon being provided forty-eight (48) hours written notice by the City or the public or private owner of the real or personal property upon which the graffiti was placed. Failure of any person to so remove graffiti shall constitute an additional violation of this Division. Where graffiti is applied by a minor, the parent(s) or legal guardian(s) shall be responsible for such removal or for the payment of abatement costs for the removal of the graffiti in accordance with this Division. B. Whenever the City Manager or designee determines that graffiti is so located on public or private real or personal property within the City so as to be capable of being viewed by a person utilizing any public right-of-way, the City Manager or designee, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: -5- 0 0 1. In removing the graffiti, the painting or repair of an area more extensive than where the graffiti is located shall not be authorized, except where the structure or property is City -owned and the City Manager or designee determines that a more extensive area is to be repainted and repaired, or where the private property owner, or other public entity, utility company or railroad corporation agrees to pay the costs of repainting or repairing a more extensive area. 2. Where the structure or property is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the property or structure and release of the City from liability. 3. Where a structure or property is privately owned, the removal of graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the written consent of the owner and release of the City from liability. , 4. The removal of graffiti on private property by the City shall be at the sole and absolute discretion of the City Manager or designee and based upon available resources. Sec. 46-234. Removal of graffiti; Abatement by city. A. If a private property owner's consent cannot be obtained and/or the owner of the real or personal property upon which graffiti has been placed has not removed the graffiti or caused the removal of graffiti within five (5) calendar days of its placement, then the City may remove and abate the graffiti at the owner's or other responsible party's expense pursuant to the following procedures: 1. The City Manager or designee shall cause written notice to be served upon the owner of the real or personal property upon which graffiti has been placed, as such owner's name and address appears on the latest equalized assessment roll. The notice shall be served in the same manner as a summons in a civil action in accordance with the requirements of the California Code of Civil Procedure. At a minimum, the notice shall be certified and addressed to the owner as stated above, and if there is no known address, then in the care of the property address or to another responsible party. Service shall be complete at the time of deposit in the U.S. Mail. If the owner or other responsible parry cannot be found, then the notice may be served by posting a copy thereof in a conspicuous place upon the property upon which the graffiti has been placed and not removed for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to California Government Code, Section 6062. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The owner or responsible party shall have two (2) calendar days after the date of service of the notice to remove the graffiti or be subject to City removal of the graffiti and assessment of the abatement costs of such removal and a lien on the property upon which the graffiti was placed and not removed if the abatement costs are not paid. 2. The notice shall be on City letterhead in substantially the following form: "NOTICE OF INTENT TO REMOVE GRAFFITI -6- NOTICE IS HEREBY GIVEN that you are required at your own expense to remove or paint over the graffiti located on the property commonly known as , Azusa, California (Assessor Parcel No. which is visible to public view within five (5) calendar days after the date of this notice. The graffiti is visible to public view and therefore constitutes a nuisance pursuant to Section 46-228 and 46-233 of the Azusa Municipal Code. If you fail to comply with this order, City employees or private contractors under the direction of the City may enter your property and abate the public nuisance by removing or painting over the graffiti. The costs of abatement, including the labor, materials, legal and other administrative costs associated with the removal of graffiti on your property, if not paid, will be assessed upon your property and such costs will constitute a lien upon your property until paid. All persons having any objections to, or interest in, said matters are hereby notified to submit any objections to the City Manager or designee within two (2) calendar days of the date of this notice. At the conclusion of this two (2) day period, the City may proceed with the abatement of the graffiti on your, property at your expense without further notice. Any questions concerning this notice should be directed to the following " .1 3. Service of the notice by the City Manager or designee shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the city clerk. 4. If any objections are submitted to the City Manager or designee within two (2) days after the date appearing on the Notice of Intent to Remove Graffiti, abatement of the graffiti shall be tolled and the City Manager or designee shall hold a hearing on the objections. If the City Manager or designee overrules the objections, the owner or other responsible parry shall have two (2) calendar days from the date of the decision to remove the graffiti. The decision of the City Manager or designee shall be final. 5. If no objections are submitted or if the objections are overruled following a hearing, and if the owner or other responsible party fails to remove or fails to cause the removal of graffiti to be removed by the designated date, or such continued date thereafter as the City Manager or designee may authorize, then the City Manager or designee shall cause the graffiti to be abated by city forces or private contract. The City or its private contractor shall be permitted to enter upon the premises for such purpose upon authorization of the City Manager and/or court order. Sec. 46-235. Payment of abatement costs. Should the City.Manager or designee be required to abate the graffiti as set forth above, the City Manager or designee shall track and account for the abatement costs, including the City's costs. The owner or other responsible party shall'then be sent a notice of the abatement costs and will be given thirty (30) days from the mailing of such notice to pay the City for the full abatement costs. Nothing contained herein shall be deemed to prevent the City Manager or 0 0 designee from granting a reasonable extension of time, upon showing good cause, to permit the owner or other responsible party to pay the abatement costs. See. 46-236. Abatement lien authority. A. Should the owner or other responsible party fail to pay the abatement costs within the time allotted, the City Manager or designee shall thereafter cause the collection of the abatement costs identified in the notice as a nuisance abatement lien in accordance with the procedure set forth in California Government Code, Section 38773.1. B. The nuisance abatement lien authorized by this section shall specify the amount of the lien (which shall consist of the unpaid amount of the abatement costs); the name of the agency on whose behalf the lien is imposed; the date of the Notice of Intent to Remove Graffiti; the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel. The notice of lien for purposes of this chapter shall be in substantially the following form: "NOTICE OF LIEN (CLAIM OF THE CITY OF AZUSA) Pursuant to California Government Code, Section 25845 and the authority of Chapter 46 Article VI of the Azusa Municipal Code, the City Manager of the City of Azusa did on or about the day of 20_ cause the painting over or removal of graffiti at the premises hereinafter described in the , 20 Notice of Intent to Remove Graffiti on said real property, and the City of the City of Azusa did on the day of 20_ assess the costs of such abatement upon the real property hereinafter described since the same has not been paid. Further, the City of Azusa does hereby claim a lien for such abatement costs in the amount of said assessment, to wit, the sum of dollars and cents. This amount shall be a lien upon said real property until paid in full and discharged of record. The real property hereinafter mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Azusa, County of Los Angeles, State of California more particularly described as follows: [ADD LEGAL DESCRIPTION] DATED this _ day of City of Azusa, California" C. The abatement lien shall be recorded in the County Recorder's Office and from the date of recordation, it shall have the force and effect and priority of a judgment lien. If the nuisance abatement lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the City. The nuisance abatement lien and the release of the lien shall be indexed in the grantor -grantee index. A nuisance abatement -8- 0 0 lien may be satisfied through foreclosure in an action brought by the City for a money judgment. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien in the event the County Recorder's Office imposes a fee upon the City for processing and recording the lien, and shall provide notice to the property owner as part of its foreclosure action to enforce the lien. D. As an alternate abatement lien procedure to that procedure set forth in Government Code Section 38773.1, the City Council also establishes the following optional abatement lien procedure resulting in a special assessment against a parcel of land owned by a property owner upon which graffiti has been placed and not removed or a responsible party. This optional lien procedure is established pursuant to Government Code Section 38773.5. To establish a lien abatement assessment against land, the same procedural steps set forth in this section shall be followed. However, the Notice of Intent to Remove Graffiti and Notice of Lien shall include a statement specifying that the property may be sold after three (3) years by the tax collector for unpaid delinquent taxes. The tax collector's power of sale shall not be affected by the failure of the property owner to receive any notice required by this Division. Further, when the City uses the alternate lien abatement procedures contained in this section, attorney's fees shall be awarded to the prevailing party, but only in circumstances when the City seeks recovery of its own attorney's fees. The assessment against land shall be,collected at the same time and in the same manner as municipal taxes. Sec. 46-237. City program to remove graffiti. Notwithstanding the City Manager's discretion to order the removal of graffiti without cost to the property owner, the City Council may, by resolution, establish a program and applicable fees to be assessed to property owners ordered to abate graffiti and who wish to contract with the City to send City crews to remove graffiti existing on their real or personal property. See. 46-238. Additional remedies; recovery from minors. The following additional remedies may be pursued in addition to or as an alternative to any other remedy authorized by this Division: A. Pursuant to California Civil Code Section 1714.1(b), any parent or legal guardian having custody or control of a minor who knowingly permits, or by insufficient control, allows the minor to possess a graffiti implement without supervision thereof shall be jointly and severally liable with such minor for any and all cots incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorney's fees and court costs resulting from the civil prosecution of any claim for damages, not to exceed twenty-five thousand dollars ($25,000.00). The City, including the Azusa Police Department, shall be entitled to seek full cost recovery from the parent or legal guardian of a minor found to be guilty of violating any provision of this Division. B. Pursuant to California Penal Code Section 594(c)(2)(A), a person convicted for acts of vandalism including defacing property with graffiti may be subject to additional -9- 0 punishment imposed by the court at the request of the City to pay for law enforcement costs, in an amount not to exceed two hundred fifty dollars ($250), provided the defendant has the ability to pay all or part of the costs. The City shall provide evidence of, and bear the burden of establishing, the reasonable costs that it incurred in identifying and apprehending the defendant. The law enforcement costs authorized to be paid pursuant to Penal Code Section 594(c)(2)(A) are in addition to any other costs incurred or recovered by the City, and payment of these costs shall not in any way limit, preclude or restrict any other right, remedy or action otherwise available to the City. C. Pursuant to California Government Code, Section 38772, the City may make the expense of the abatement of graffiti committed by minors: (1) a personal obligation of the minor causing the graffiti nuisance and a personal obligation of the parent or guardian having custody and/or control of the minor; and (2) a lien against the property of the minor or a lien against the property of the parent or guardian having custody and/or control of the minor. In accordance with California Government Code, Section 38772(c), the County probation officer shall be requested to report the names and addresses of the parent or guardian having custody and control of the responsible minor to the city clerk. 1. Should the City Manager or designee be required to abate any graffiti committed by a minor the City Manager or designee shall track and account for the abatement costs. 2. The minor or parent or guardian having custody of the minor shall then be sent a Notice of the Abatement Costs and Proposed Lien Assessment Against Property. The Notice of the Abatement Costs and Proposed Lien Assessment Against Property shall be substantially similar to the Notice of Lien shown in section 46-246. If the applicable party desires to protest the lien assessment, the party may do so by requesting an informal hearing before the City Manager in writing within two (2) calendar days from receipt of the Notice of the Abatement Costs and Proposed Lien Assessment Against Property . The City Manager, or designee, shall then render a final decision on the assessment in writing within five (5) calendar days and mail it by first class mail to the party. The affected party shall then have five (5) calendar days to appeal the City Manager's decision to the City Council. The appeal shall be in writing. 3. The proposed lien assessment shall be calendared for approval and confirmation by the City Council, whether an appeal has been filed or not. 4. The Notice of the Abatement Costs and Proposed Lien Assessment Against Property shall be served in the same manner as a summons in a civil action in accordance with the requirements of the California Code of Civil Procedure. At a minimum, the Notice of the Abatement Costs and Proposed Lien Assessment Against Property shall be personally served on the minor and/or parent or guardian having custody and control of the minor at least seven (7) calendar days prior to the city council meeting. If after diligent search, the minor, parent or guardian, as the case may be, cannot be found, the notice may then be served by: (i) posting a copy of the notice in a conspicuous place upon the property owned by the applicable party for a period of ten (10) days; and (ii) the notice shall be published in a ]0- newspaper by the city clerk pursuant to Government Code Section 6062. Notice of the city council consideration of the proposed adoption of the assessment shall be served by first class U.S. Mail. 5. The City Council shall have the authority to adopt a resolution confirming the lien assessment, which, following adoption, shall be recorded by the city clerk in the county recorder's office in which the parcel of land is located pursuant to Government Code Section 38773.2(c). From date of recording, the lien shall have the force, effect and priority of a judgment lien. If the lien assessment is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the City. The lien assessment and the release of the lien shall be indexed in the grantor -grantee index. A nuisance abatement lien may be satisfied through foreclosure in an action brought by the City. The City may also recover from the minor, parent or guardian of the minor any costs incurred regarding the processing and recording of the lien in the event the County Recorder's Office imposes a fee upon the City for processing and recording the lien, and shall provide notice to the minor, parent or guardian of its foreclosure action to enforce the lien. 6. . Pursuant to Government Code Section 38773.2(d), the resolution confirming the abatement lien shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor's parcel number; and the name and address of the recorded owner of the parcel. D. As an alternate lien abatement procedure to that procedure set forth in Government Code Section 38773.2, the City Council also establishes the following optional lien abatement procedure resulting in a special assessment against a parcel of land owned by a property owner upon which graffiti has been placed and not removed or a responsible party. This optional lien procedure is established pursuant to Government Code Section 38773.6. To establish a lien abatement assessment against land, the same procedural steps set forth in this section shall be followed. However, the Notice of Lien Assessment shall include a statement specifying that the property may be sold after three (3) years by the tax collector for unpaid delinquent taxes. The tax collector's power of sale shall not be affected by the failure of the minor, parent or guardian to receive any notice required by this Chapter. Further, when the City uses the alternate lien abatement procedures contained in this section, attorney's fees shall be awarded to the prevailing party, but only in circumstances when the City seeks recovery of its own attorney's fees. The assessment against land shall be collected at the same time and in the same manner as municipal taxes. Sec. 46-239. Rewards. A. The City may pay a reward in an amount established by separate resolution of the City Council for information leading to the arrest and conviction or plea of guilty of any person for violation of California Penal Code Sections 594 or 640.5, or this Chapter. B. No employee or official of the City shall be eligible for a reward pursuant to this section. 0 See. 46-240. Violation; Penalties. A. In addition to the administrative and other penalties identified in this Chapter, violation of any of the provisions of this Chapter is a misdemeanor. Any person convicted of violation of any of the provisions of this chapter who is granted probation, and any person who is found to be a person described in California Welfare and Institutions Code Section 602 as a result of committing an offense set forth in this Chapter shall, in addition to any other penalties prescribed by law, make restitution to the victim and, at the request of the City, may be required to provide community service within the City for not less than one hundred twenty-five hours (125) and not more than two hundred fifty hours (250). B. In accordance with California Vehicle Code Section 13202.6, upon the conviction of any person for the application of graffiti committed while the person was thirteen years of age or older in violation of California Penal Code Section 594, the City may request the court to suspend the person's driving privilege for one year. If the person convicted does not yet have the privilege to drive, the City may request that the court order the California Department of Motor Vehicles to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. For each successive offense, state law requires that the court suspend the person's driving privilege for those possessing a driver's license or delay the eligibility for those not in possession of a driver's license at the time of their conviction for one additional year. C. Notwithstanding any penalty provision provided in this code, any person violating any such provision in this chapter shall be guilty of a misdemeanor; provided, that where the City Attorney or City Prosecutor (or in the case of a notice to appear, the citing official) determines that such action would be in the interests of justice, the City Attorney or City Prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the City Attorney or City Prosecutor may nonetheless prosecute any such offense as an infraction. Each and every day that a violation of this Chapter is committed shall be deemed a separate offense and shall be punishable as herein provided. D. Nothing in this chapter shall prevent the City initiating civil, criminal or other legal or equitable proceedings against any person violating this Division as an alternative or in addition to the proceedings set forth in the administrative fine and penalty provisions of this Code. Sec. 46-241-46-250. Reserved." SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase or portion of this Chapter 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 Chapter. 12- 0 0 SECTION 3. The City Council finds that based on the entire record before it, including all written and oral evidence presented, the City Council finds the proposed Ordinance is exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective (30) days after its adoption. PASSED, APPROVED and ADOPTED this 20th day of March, 2006. its, .0 .� • .a I, Vera Mendoza, City Clerk for the City of Azusa, do hereby certify that the foregoing Ordnance No. 06-02, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the Oh day of march 2006, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20u' day of March, 2006, by the following vote to wit: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST -Oa Vera Mendoza, City Clerk APPROVED AS TO FORM: a P40— S a Cary , CAy Attorney Bek Best & Krieger LLP 13-