HomeMy WebLinkAboutOrdinance No. 14-O2ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING AZUSA MUNICIPAL CODE SECTIONS 30-36 AND 30-37
AND ADOPTING BY REFERENCE THE 2014 EDITION OF THE 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.
2014-0014 amending Title 32 of the Los Angeles County Code to adopt and incorporate by
reference the 2013 Edition of the California Fire Code published by the California Building
Standards Commission, with certain amendments as set forth in Ordinance No. 2014-0014, to be
known as the 2014 Los Angeles County Fire Code; and
WHEREAS, at least one copy of each of the above referenced codes 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;
WHEREAS, the City Council hereby adopts by reference findings and determinations
made by the Los Angeles County Board of Supervisors justifying the 2014 Los Angeles County
Fire Code (Title 32, Los Angeles County Code), amending the 2013 California Fire Code, as
reasonably necessary because of local climatic, geologic and/or topographic conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA 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 "2014 Los Angeles County Fire Code" adopted by the Los
Angeles County Board of Supervisors 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 as the fire code of the City and by reference made a part of this
article as if 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 2014 Los Angeles
County Fire 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
2
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 2013 California Building Code and all local
3
amendments thereto adopted by the City of Azusa.
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 16`h day of June, 2014.
i
osepIZWJA A01
h Romero Rocha
Mayor
4
ATTEST:
jW L nce Cornejo
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 14-02, was duly introduced and
placed upon its first reading at a special meeting of the Azusa City Council on 27'h day of May,
2014 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
Azusa City Council on the 16`h day of June, 2014 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
e L ce Cornejo r.
City Clerk
".990"T 1107&1KIM610M
Marcj A. Martinez
Best gest & KriegeA LLP
City Attorney