HomeMy WebLinkAboutOrdinance No. 2016-O7ORDINANCE NO. 2016-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING AND RESTATING ARTICLE XVII REGARDING THE
REGISTRATION AND MAINTENANCE OF VACANT AND
ABANDONED COMMERCIAL, INDUSTRIAL AND OTHER
RESIDENTIAL PROPERTIES i
WHEREAS, pursuant to article Xl,'section 7, of the California Constitution, the City of
Azusa (`City") may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City has determined that the presence of vacant, abandoned properties
(and structures thereon) has detrimental effects upon the health, safety, and welfare of the City's
residents, businesses, visitors, and the general public, including, but not limited to, creating an
attractive public nuisance; contributing to lower property values; creation of hazards resulting
from mosquito, vermin, and vector; contributing to increased criminal activities; discouraging
potential buyers from purchasing property or conducting business activities adjacent to or within
the vicinity of vacant, abandoned real propefty; and,
WHEREAS, many vacant, abandoned properties (and structures thereon) are the
responsibility of out -of -area or out-of-state owners, lenders and trustees, who, in many instances,
fail to adequately maintain and secure these vacant properties;
WHEREAS, the Legislature of the State of California, in adopting section 2929.3 of the
California Civil Code (requiring owners ofivacant residential property acquired at a foreclosure
sale or by foreclosure under a mortgage or deed of trust to adequately maintain the property and
to abate any violations thereat) specifically provides that said section does not preempt any local
ordinance; and
WHEREAS, the City Council of the City of Azusa has an obligation to take actions that
preserve the health, safety, and welfare of its residents, businesses, and the general public;
WHEREAS, the City Council of the City of Azusa has determined that revisions to its
existing vacant and abandoned property ordinance are necessary:
1. To prevent residential neighborhoods and commercial and industrial areas from
becoming blighted;
2. To ensure adequate maintenance and/or security of commercial, industrial and
residential properties;
To protect citizens from health and safety hazards; and
4. To promote the economic stability of the City by maintaining property values.
WHEREAS, NOW, THEREFORE, the City Council of the City of Azusa does ordain
as follows:
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SECTION 1. In order to protect the public the public peace, health and safety, the City
Council of the City of Azusa finds as follows:
A. The Recitals stated above are true and correct and are incorporated
herein by reference.
B. Based upon the Recitals, the City Council finds it necessary to
amend and restate portions of the Azusa Municipal Code ("AMC")
to adopt measures to .
E. All legal prerequisites to the adoption of this Ordinance have
occurred.
SECTION 2. Article XVII of Chapter 62 of the Azusa Municipal Code is hereby
amended and restated to read as follows:
"ARTICLE XVII. — REGISTRATION AND MAINTENANCE OF VACANT AND
ABANDONED COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES
See. 14-556 — Purpose.
Vacant buildings are a major cause and source of blight in both residential and
nonresidential neighborhoods, especially when the owner of the building fails to actively
maintain and manage the building to ensure that it does not become a liability to the
neighborhood. Vacant buildings (whether or not those buildings are boarded), substandard, or
unkempt buildings, and long-term vacancies discourage economic development and retard
appreciation of property values. Vacant buildings are potential fire hazards and can jeopardize
the ability of owners of neighboring property from securing or maintaining affordable fire
insurance. It is the responsibility of property ownership to prevent owned property from
becoming a burden to the neighborhood and community and a threat to the public health, safety,
or welfare. One vacant building which is not actively and well maintained and managed can be
the core and cause of spreading blight. It is the purpose and intent of the city council, through the
adoption of this article, to define the responsibilities of owners of, and to establish registration
and monitoring programs for, vacant commercial, industrial and residential buildings and
properties.
See. 14-557 — Definitions.
In construing the provisions of this article, the following definitions shall apply:
"Agreement" means any written instrument that transfers or conveys title to real property
from one owner to another after a sale, trade, transfer or exchange.
"Beneficiary" means a lender participating in a real property transaction that holds a
secured interest in the real property in question identified in a deed of trust.
"Boarded building" means a vacant,building or portion of a vacant building whose doors
and windows have been covered with plywood or other material for the purpose of preventing
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entry into the vacant building by persons or animals.
"Building" means any structure,' including, but not limited to, any residential,
commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or
within a single project approved by the :city pursuant to the city's Development Code or
applicable specific plan.
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"Buyer" means any person, partnership, association, corporation, fiduciary or other legal
entity that agrees to transfer anything of value in consideration for real property via an
"Agreement."
"Chief building official" means manager of the city building division for the city or the
designee of the chief building official.
"Days" means calendar days.
"Deed in lieu of foreclosure" means a recorded instrument that transfers ownership of
real property between parties to a particular deed of trust as follows: from the trustor, i.e.,
borrower, to the trustee upon consent of the beneficiary, i.e., lender.
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"Deed of trust" means an instrument whereby an owner of real property, as trustor,
transfers a secured interest in the real property in question to a third party trustee, said instrument
relating to a loan issued in the context of a real property transaction. This definition applies to
any and all subordinate deeds of trust, i.e., second trust deed, third trust deed, etc.
"Default" means the material breach' of a legal or contractual duty arising from or relating
to a deed of trust, such as a trustor's failure to make a payment when due.
"Distressed" means any building, structure or real property that is subject to a current
notice of default and/or notice of trustee's sale, pending tax assessors lien sale, and/or any real
property conveyed via a foreclosure sale resulting in the acquisition of title by an interested
beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure
or sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.
"Evidence of vacancy" means any real property condition that independently, or in the
context of the totality of circumstances relevant to that real property, would lead a reasonable
enforcement official to believe that a property is vacant or occupied by a person without a legal
right of occupancy. Such real property condIitions include, but are not limited to:
1. With respect to residential pfoperty: overgrown or dead vegetation; accumulation
of newspapers, circulars, flyers or mail;i past due utility notices or disconnected utilities;
accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds
or shutters; the absence of furnishings or personal items consistent with residential habitation;
and/or statements by neighbors, passersby, delivery agents, government employees that the
property is vacant; or j
2. With respect to commercial/industrial: property: overgrown or dead vegetation in
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landscape; accumulation of newspapers, circulars, flyers or mail; past due utility notices or
disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings
such as curtains, blinds or shutters; the absence of furnishings or equipment items consistent with
commercial/industrial use; abandoned and/or damaged signs and other advertising structures;
graffiti; severely cracked, buckled or damaged asphalt or concrete parking areas; and/or
statements by neighbors, passersby, delivery agents, government employees that the property is
vacant.
"Foreclosure" means the process by,which real property subject to a deed of trust is sold
to satisfy the debt of a defaulting trustor (i.el, borrower).
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"Hearing officer" means an individual or board as designated by the city administrator to
conduct hearings, including appeals hearings, and make decisions as provided in this code.
"Local" means within forty (40) driving miles of the building, structure or real property
in question.
"Notice of default" means a recorded instrument that reflects and provides notice that a
default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed
with a trustee's sale.
"Out of area" means in excess of forty (40) road or driving miles of the subject property.
"Owner" means any person, partnership, association, corporation, fiduciary or other legal
entity having a legal or equitable title or any interest in real property.
"Owner of record" means the person holding recorded title to the real property in
question at any point in time when official records are produced by the Los Angeles County
recorder's office.
"Property" means any unimproved or improved real property or portion thereof, situated
in the city and includes the buildings or structures located on the property regardless of
condition.
"Trustee" means any person, partnership, association, corporation, fiduciary or other
legal entity holding a deed of trust securing an interest in real property.
"Trustor" means any owner/borrower identified in a deed of trust, who transfers an
interest in real property to a trustee as security for payment of a debt by that owner/borrower.
"Vacant building" means a building where at least thirty-five (35) percent of the total
floor area within the building is not occupied.
"Vacant shopping center/industrial, complex" means a shopping center or industrial
complex on a single property containing one or more buildings where fifty (50) percent of the
gross leasable area is not occupied.
See. 14-558 — Property Owner Responsibilities.
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(a) No person, firm, partnership, corporation or other entity shall allow a residential,
commercial or industrial building designed for human use or occupancy to stand vacant for more
than forty-five (45) days, unless the owner establishes by substantial evidence to the reasonable
satisfaction of the chief building official that: one of the following applies:
(1) The building is the subject of an active building permit for repair or
rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;
(2) The building meets all applicable codes, is actively maintained in
accordance with all city ordinances, and is ready for occupancy, and is actively being offered for
sale, lease, or rent;
(3) The building does not contribute to and is not likely to contribute to blight
because the owner is actively maintaining and monitoring the building so that it does not
contribute to blight. Active maintenance and monitoring shall include:
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(A) Maintenance of lands6aping and plant materials in good condition,
(B) Maintenance of the ekterior of the building, including, but not limited to,
paint and finishes, in good condition,
(C) Regular removal of all exterior trash, debris and graffiti,
(D) Maintenance of the building in continuing compliance with all applicable
codes and regulations,
(E) Prevention of criminal activity on the premises, including but not limited
to, use and sale of controlled substances, prostitution and criminal street gang activity,
(F) Windows screened with opaque material that prevents interior space of the
building from being visible from public rights of way or public property,
(G) Securing the property in a manner so as not to be accessible to
unauthorized persons, including, but not limited to, the replacement of broken windows and the
closing and locking of windows, doors (walk-through, sliding and garage), gates and any other
opening that may allow access to the interior of the property.
(b) The owner of any boarded building, whether boarded by voluntary action of the
owner or as a result of enforcement activity by the city, shall cause the boarded building to be
rehabilitated for occupancy within ninety (90) days after the building is boarded and shall
comply with the provisions of subsection (a) of this section.
(c) It is declared a public nuisance for any person, partnership, association,
corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any
building or property subject to this article to cause, permit, or maintain such building or property
in violation of subsections (a) or (b) of this section.
(d) Upon the expiration of fifty-five (55) days after a premises becomes a vacant
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building as defined herein, the owner of a vacant commercial or industrial building shall cause
said building to be registered as a vacant, building pursuant to the provisions of Section 14-
560(b) through (i) of this article and shall pay the registration fee required per the requirements
of Section 14-561 of this article. Further, the owner of said vacant building shall comply with the
provisions of Sections 14-562, 14-563 and 14-654 of this article relating to local property
management requirements and monitoring.
Sec. 14-559 — Bonding and Fencing Requirements for Vacant Commercial or Industrial
Buildings. i
(a) Whenever a vacant commercial or industrial building remains vacant for a period
of ninety (90) days or more, in addition to the other requirements of this article, the owner,
beneficiary or trustee, as the case may be, shall post with the city a bond or similar security in an
amount equal to three (3) months estimated costs of blight prevention activities per the
provisions of Section 14-558(a)(3) hereof, as estimated by the chief building official.
(b) Whenever a vacant commercial or industrial building or land remains vacant for a
period of ninety (90) days or more, in addition to the other requirements of this article, the
owner, beneficiary or trustee, as the case may be, shall cause to be installed a minimum six foot
(6) high chainlink fence adjacent to the property boundaries, or other alternative fencing
acceptable to the director of community and economic development that is adequate to protect
the public safety and welfare, unless the director determines that the installation of such fencing
will be detrimental to the public safety and welfare. Any fencing required under this section may
additionally require screening if the director finds it necessary in order to protect the safety,
streetscape and overall appearance of the site. The director may promulgate additional fencing
standards for vacant properties consistent with this section.
Sec. 14-560 — Registration Requirements for Vacant Property.
(a) Each beneficiary and trustee, who holds a deed of trust on a property located
within the City, shall perform an inspection of the property in question prior to recording a notice
of default or similar instrument with the Los Angeles County clerk -recorder's office. if the
property is found to be vacant or shows evidence of vacancy, as defined by the article, it is
hereby deemed to be vacant.
(b) Within ten (10) days of identification of any vacant property, the beneficiary and
trustee must register the property with the chief building official on specified forms.
(c) If the property is occupied but distressed, the trustee and beneficiary or a designee
shall also inspect the property on a monthly basis until:
(1) The trustor or another party remedies the default; or
(2) The property is found to be vacant, or shows evidence of vacancy, and is
rendered subject to subsection (b).
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(d) The registration pursuant to subsection (b) shall contain the identity of the
beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case
of a corporate or out of area beneficiary oritrustee, the local property management company, if
any, responsible for the security, maintenance and marketing of the property in question.
(e) The registration pursuant to subsection (b) shall be renewed annually.
(f) An annual registration fee, adopted in conformance with Section 14-561, shall
accompany the submission of each registration form. The fee and registration shall be valid for
one (1) year from the date of registration. Registration fees will not be prorated.
(g) This section shall also apply to properties that have been the subject of a
foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in
the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale.
(h) Properties subject to this article shall remain subject to the annual registration
requirement, security and maintenance standards of this article as long as they remain vacant.
(i) Any person, partnership, association, corporation, fiduciary or other legal entity
that has registered a property under this article must make a written report to the chief building
official of any change of information contained in the registration within ten (10) days of the
change.
(j) The duties/obligations specified in this section shall be joint and several among
and between all trustees and beneficiaries and their respective agents.
Sec. 14-561 — Registration Fees.
The fee for registering and reregistering a vacant property shall be set, from time to time,
by resolution of the city council. The amount of the fee charges shall not exceed the reasonable
estimated cost of administering the provisiohs of this article.
Sec. 14-562 — Monitoring Program & Purpose.
(a) Vacant buildings are a major cause and source of blight in residential and
nonresidential neighborhoods, especially when the owner of the building fails to maintain and
manage the building to ensure that it does; not become a liability to the neighborhood. Vacant
buildings often attract transients and criminals, including drug users. Use of vacant buildings by
transients and criminals, who may employ' primitive cooking or heating methods, creates a risk
of fire for the vacant buildings and adjacent properties. Vacant properties are often used as
dumping grounds for junk and debris and!are often overgrown with weeds and grass. Vacant
buildings which are boarded up to prevent entry by transients and other long-term vacancies
discourage economic development and retard appreciation of property values.
(b) Because of the potential economic and public health, welfare and safety
problems caused by vacant buildings, the city needs to monitor vacant buildings, so that they do
not become attractive nuisances, are not used by trespassers, are properly maintained both inside
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and out, and do not become a blighting influence in the neighborhood. City departments involved
in such monitoring include the police department, community improvement division, community
and economic development department, and the public works department. There is a substantial
cost to the city for monitoring vacant buildings (whether or not those buildings are boarded up),
which should be home by the owners of the vacant buildings. The fees for a monitoring program
pursuant to the provisions of this article shall be separate from and in addition to any registration
fees or administrative penalties required or otherwise assessed pursuant to the provisions of this
article. '
Sec. 14-563 — Monitoring Program Procedures.
(a) Authority. The chief building official shall be responsible for administering a
program for identifying and monitoring the maintenance of all vacant buildings in the city. The
program shall be documented and regularly updated. The program shall be available for public
review.
(b) Purposes. The purposes of the monitoring program shall be:
(1) To identify buildings that become vacant;
(2) To order vacant buildings that are open and accessible to be secured
against unlawful entry pursuant to City codes, including the building code, or other applicable
law;
(3) To initiate proceedings against the owner of any vacant building found to
be substandard as defined in this article or a nuisance under any other provision of this code;
(4) To maintain surveillance over vacant buildings so that timely enforcement
proceedings are commenced in the event a building becomes substandard or a nuisance; and
(5) To establish and enforce rules and regulations for the implementation and
compliance with the provisions of Section 14-558.
(c) Fee Imposed. There is imposed upon every owner of a vacant building monitored
pursuant to this article, an annual vacant building monitoring fee in an initial amount as the city
council may establish by resolution, provided that the fee shall not exceed the estimated
reasonable cost of monitoring the vacant building. The fee shall be payable as to any building,
residential or nonresidential, which:
(1) Is boarded up by voluntary action of the owner or as the result of
enforcement activities by the city; or
(2) Is vacant for more than ninety (90) days for any reason.
(d) Fee Waiver. The vacant building monitoring fee shall be waived upon a showing
by the owner that:
(1) The owner has obtained a building permit and is progressing diligently to
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repair the premises for occupancy; or
(2) The building meets all applicable codes and is actively being offered for
sale, lease, or rent; or
(3) Imposition of the fee would impose a substantial economic hardship on
the owner or would hinder the rehabilitation: of the building.
(e) Procedure. The vacant building monitoring fee shall be billed to the owner of the
property and mailed to the owner's address as set forth on the last equalized assessment roll of
the Los Angeles County assessor. Any owner billed may apply for a waiver on the grounds set
forth in subsection d of this section by submitting a written statement of the grounds for the
waiver, and the owner's daytime telephone number, to the chief building official within thirty
(30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in
support of the owner's statement of the grounds for the waiver. The chief building official shall
review the written statement and all related evidence and may contact the owner to discuss the
application for waiver. The chief building official shall prepare a written decision which shall be
mailed to the owner and shall set forth the reasons for the decision.
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(f) Any owner aggrieved by the decision of the chief building official relating to an
application for waiver may appeal the chief building official's decision to the city manager by
filing with the city clerk a written notice of;appeal within ten (10) days of the decision. The city
manager shall set a time and place for a hearing of such appeal, and notice of such hearing shall
be mailed, postage prepaid, to the owner at his or her last known address at least ten (10) days
prior to the date set for the hearing. The decision and order of the city manager on such appeal
shall be final and conclusive.
(g) If the fee is not paid within sixty (60) days after billing, or within sixty (60) days
after the decision of the chief building official or the city manager, the city manager may
thereupon order that the fee be specially assessed against the property involved. If the city
manager orders that the fee be specially ;assessed against the property, it shall confirm the
assessment and thereafter said assessment may be collected at the same time and in the same
manner as ordinary real property taxes are; collected and shall be subject to the same penalties
and the same procedure and sale in case of delinquency as provided for ordinary real property
taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are
applicable to the special assessment.
(h) The city manager may also cause a notice of lien to be recorded. The
notice shall, at a minimum, identify the record owner or possessor of the property, set forth the
last known address of the record owner or possessor, a description of the real property subject to
the'lien, and the amount of the fee.
Sec. 14-564 — Local Property Management Requirement.
(a) If a property is determined to be vacant, and the property is owned by a
corporation and/or out of area beneficiary, trustee, or owner, a local property management
company shall be contracted to perform weekly inspections to verify that the requirements of this
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section, and any other applicable laws, are bI eing met
(b) The property shall be posted with the name and twenty-four (24) hour contact
phone number of the local property management company. The posting shall be no less than
eighteen (18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance
of forty-five (45) feet, and shall contain the following verbiage:
"THIS PROPERTY MANAGED BY ," and "TO REPORT
PROBLEMS OR CONCERNS CALL (name and phone number)."
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(c) The posting shall be placed ion the interior of a window facing the street to the
front of the property so it is visible from the street, or secured to the exterior of the
building/structure facing the street of the front of the property so it is visible from the street. If no
such area exists, the posting shall be on a! stake of sufficient size to support the posting, in a
location that is visible from the street to the, front of the property, and to the extent possible, not
readily accessible to potential vandalism. xterior posting must be constructed of, and printed
with weather resistant materials.
(d) The local property management company shall inspect the property on a weekly
basis to determine if the property is in compliance with the requirements of this article. If the
property management company determines the property is not in compliance, it is the company's
responsibility to bring the property into compliance.
(e) The duties/obligations specified in this Section shall be joint and several among
and between all trustees and beneficiaries arid their respective agents.
Sec. 14-565 — Enforcement. j
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(a) Any violation of this article shall constitute a public nuisance
(b) Any person, partnership, association, corporation, fiduciary or other legal entity,
that owns, leases, occupies, controls or manages any property subject to this article and that
causes, permits, or maintains a violation of this article, shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punishedl.as provided in section 1.10 of this code. Violations
shall be treated as a strict liability offense, a violation shall be deemed to have occurred
regardless of a violator's intent.
(c) If an enforcement official determines a violation of this article exists, the
enforcement official may issue an administrative citation for each day a violation exists,
containing fines up to $1,000.00 per day, per violation, as provided in Article 1.24 through 1-35
of this code.
(d) This section is intended to be cumulative to, and not in place of, other rights and
remedies available to the city pursuant to th!e City of Azusa Municipal Code, including any civil,
criminal and/or administrative action.
(e) Any and all costs, including' attorney's fees, incurred by the City in enforcing this
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article shall be recoverable, and shall constitute a lien and special assessment against the subject
property, pursuant to the definitions and procedures in sections 14-421, 14-422, 14-423, 14-424,
14-425 and as otherwise provided by this code.
Sec. 14-566 — Joint and Several Liability.
The duties/obligations specified in' this article shall be joint and several among and
between all trustees and beneficiaries and, their respective agents. In addition, local property
management companies retained pursuant to section 14-452 shall also be jointly and severally
liable for compliance with sections 14-450 and 14-451."
SECTION 3. Based on the entire record before the City Council, and all written and oral
evidence presented to the City Council, the City Council hereby finds that this ordinance is
exempt from review under the California Environmental Quality Act ("CEQA"), pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
SECTION 4. If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. The City Council hereby declares that it
would have adopted this Ordinance irrespective of the invalidity of any particular portion
thereof. By enacting this Ordinance, the City ordains that nothing herein shall be deemed to
conflict with or duplicate federal or state,law, or otherwise or to license any activity that is
prohibited thereunder except as mandated by such laws.
SECTION 5. The City Clerk shall certify the passage of this Ordinance and shall cause
the same to be entered in the book of original ordinances of said City; shall make a minute
passage and adoption thereof in the records of the meeting at which time the same is passed and
adopted; 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 newspaper of general circulation and which is
hereby designated for that purpose.
SECTION 6. This Ordinance shall become effective thirty (30) days from and after its
adoption.
PASSED, APPROVED and ADOPTED the 19`h day of September, 2016.
o� Romero Rocha
Mayor
45635.01000\24355747.1 11
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA 1
VA I
Za,if • • 1yfa
ATTEST:
I HEREBY CERTIFY that the foregoing Ordinance No. 2016-07, was duly introduced and
placed for its first reading at a special meeting of the City Council on the 151h day of August,
2016, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 191h day of September, 2016 by the following vote of the Council:
AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
i
r
;Jr e 'aw
Cornejo, Jr.,
City Clerk
APPROVED AS TO FORM:
MarcoMnnez, Best LPI
Attoey
45635.01000 24355747.1 1 12