HomeMy WebLinkAboutOrdinance No. 11-O7ORDINANCE NO. 11-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA AMENDING AZUSA MUNICIPAL CODE
SECTIONS 30-36 AND 30-37 AND ADOPTING BY REFERENCE
THE 2011 LOS ANGELES COUNTY FIRE CODE.
WHEREAS, California Government Code Section 50022.9 authorizes the City of
Azusa ("City") to adopt by reference county ordinances and codes; and
WHEREAS, the Los Angeles County Board of Supervisors has adopted
Ordinance No. 2010-0060 amending Title 32 of the Los Angeles County Code to adopt and
incorporate by reference the 2010 Edition of the California Fire Code published by the California
Building Standards Commission, with certain amendments as set forth in Ordinance No. 2010-
0060, to be known as the Los Angeles County Fire Code; and
WHEREAS, at least one copy of the Los Angeles County Fire Code adopted by
reference by this Ordinance shall be filed in the office of the City Clerk of the City of Azusa, and
is certified as a full, true and complete copy thereof by the City Clerk, in accordance with the
requirements of California Government Code Section 50022.6; and
WHEREAS, a duly noticed public hearing, as required by California
Government Code section 50022.3 was conducted prior to the adoption of this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 30-36 of Chapter 30, Article 2 of the Azusa Municipal
Code is hereby amended, in its entirety, to read as follows:
30-36. Adoption.
Subject to the changes and amendments as may be set forth in this article,
that certain code entitled "2011 Los Angeles County Fire Code," which
has been filed in the office of the city clerk, which is referred to and by
this reference expressly incorporated in this article, is adopted and by
reference made a part of this article as fully and for all intents and
purposes as though set forth in this article at length. If there is any
inconsistency between any provisions of such Fire Code and other
provisions of this Municipal Code, such other provisions of this Municipal
Code shall prevail."
SECTION 2. In accordance with California Government Code Section 50022.4
the City of Azusa specifically adopts the following penalty provisions provided in the "2011 Fire
Code of the Los Angeles County Code":
327 Administrative Fines.
327.1 Administrative fine - imposition. Improved parcels found to be in
violation of Sections 325.2.1, 325.2.2, 325.10, 503.2.1, 2404.21, or 3807.3
of this code relating to clearance of brush and combustible growth,
roadway clearance, and vertical clearance on fire access roads, shall be
subject to an administrative fine, noncompliance fee, and or possible liens
as allowed by the provisions of Title 1, Chapter 1.25 of the County Code.
327.2 Administrative fine - enforcement. An administrative penalty
will be imposed and enforced upon failure of the responsible party to
comply with written abatement instructions and timeframes contained on
the Official Inspection Report Form (County of Los Angeles Fire
Department FORM 4108) issued by the fire department.
327.3 Declared parcel. A declared parcel is a parcel which contains
noxious weeds and other flammable vegetation that are a fire hazard and
which constitutes a public nuisance which must be abated as declared in
an annual resolution of the board of supervisors. An owner of a declared
parcel will be mailed a declaration card specifying the abatement actions
required of the owner. The declaration card constitutes the first official
notice to the owner.
327.3.1 Declared parcel inspection — notice of violations. A physical
inspection of the declared parcel is conducted by the fire department to
determine compliance with the declaration card. After the physical
inspection, if the fire department determines that the owner has not
complied with the declaration card, then such noncompliance constitutes
the first violation of the fire code. The owner will be given notice of such
first violation of the fire code. This notice constitutes the second official
notice to the owner. The second official notice shall also inform the owner
that an administrative penalty may be imposed on the declared parcel if
not properly cleared. An owner's failure to comply with the second official
notice constitutes the second violation of the fire code.
327.4 Undeclared parcel. An undeclared parcel is a parcel not
contained in the annual resolution of the board of supervisors described in
Section 319.3.
327.4.1 Undeclared parcel inspection - notice of violations. After a
physical inspection, if the fire department determines that an undeclared
parcel is not in compliance with the fire code, the owner will be given
notice of such violation of the fire code. This notice of violation
constitutes the first official notice. An owner's failure to comply with the
first official notice constitutes the first violation of the fire code. After a
first violation, a physical inspection of an undeclared parcel will be
conducted by the fire department to determine compliance with the fire
code. After the physical inspection, if the fire department determines that
an undeclared parcel is not in compliance with the fire code, the owner
will be given notice of the second violation of the fire code. This notice
constitutes the second official notice to the owner. This second official
notice shall also inform the owner that an administrative penalty may be
imposed on an undeclared parcel if not cleared. An owner's failure to
comply with the second notice constitutes the second violation of the fire
code.
327.5 Administrative fine - amount. The administrative fine for a first
violation as described in Section 327.3.1 or 327.4.1 is $0. The
administrative fine for a second violation as described in Section 327.3.1
or 327.4.1 is $500.
327.6 Administrative fine - collection. The administrative fine will be
collected by the fire department through direct invoice. The fire
department shall notify the owner of the imposition and amount of the
administrative penalty.
327.7 Administrative fine - administrative review and
appeal. The imposition of the administrative fine may be appealed in
writing utilizing the Request for Administrative Hearing form provided
with the administrative fine invoice. The Request for Administrative
Hearing form must be filed with the brush clearance section manager of
the fire department within 10 calendar days following the service of the
notice of administrative fine.
Upon conclusion of the administrative hearing, the hearing officer shall
issue a written decision within 10 calendar days. The hearing officer's
written decision shall constitute the final administrative decision of the
County.
Any person contesting the final administrative order or decision of the fire
department may seek further review pursuant to section 53069.4 of the
California Government Code.
Any administrative penalty imposed shall be cancelled or refunded as
provided in sections 14920 - 14921 of the State Health and Safety Code,
or any successor statute of similar import.
327.8 Creation of lien for unpaid administrative fines. Pursuant to
Title 1, Chapter 1.25 of the County code, the amount of the unpaid
administrative fines shall become a lien on the real property that is in
violation of this chapter.
SECTION 3. Section 30-37 of Chapter 30, Article 2 of the Azusa Municipal
Code is herby amended in its entirety to read as follows:
30-37. Reference to California Building Code.
Any reference in the Los Angeles County Fire Code to the Los Angeles
County Building Code shall mean the "2010 California Building Code."
SECTION 4. CEQA. The City Council hereby finds and determines that it can
be seen with certainty that there is no possibility that this Ordinance may have a significant
adverse effect on the environment. This Ordinance would set forth new construction code
requirements, which are required to be implemented by state law, and any specific development
projects that would be subject to the requirements of these new regulations, would require
separate environmental review. Thus, the adoption of this Ordinance is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b) (3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the
Los Angeles County Clerk's office within five (5) working days of project approval.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared
unconstitutional, invalid or ineffective.
SECTION 6. Certification/Summary. The City Clerk shall certify the passage of
this Ordinance and shall, within fifteen (15) days after the passage and adoption thereof, cause
the same to be published as required by law, in a local weekly newspaper of general circulation
and which is hereby designated for that purpose. Alternatively, the City Clerk may cause a
summary of this Ordinance to be prepared and published as provided by California Government
Code Section 36933(c)(1). The summary shall be published in a local weekly newspaper of
general circulation and a certified copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City Council meeting at which this
Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the
City Clerk shall cause a summary to be published in a local weekly newspaper of general
circulation with the names of those City Council members voting for and against this Ordinance
and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance
along with the names of those City Council members voting for and against this Ordinance.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after its passage.
PASSED, APPROVED AND ADOPTED this 6`h day of June, 2011.
/dsepfik. Rocha
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
ATTEST:
Vera Mendoza
City Clerk
I Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 11-07 was duly adopted by the City Council of the City of Azusa at the regular
meeting thereof held on the 6h day of June, 2011, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NAYS: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABS TA COUNCILMEMBERS: NONE
era Mendoza, City Clerk
Approved as to Form:
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Best Best & Krieger LLP
City Attorney