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HomeMy WebLinkAboutOrdinance No. 2020-01ORDINANCE NO.2020-01 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 14 OF THE CITY OF AZUSA MUNICIPAL CODE, ADDING ARTICLE XVIII, CONSTRUCTION AND DEMOLITION WASTE RECYCLING AND DIVERSION WHEREAS, under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the City of Azusa is required to prepare, adopt, and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day; WHEREAS, in order to meet these goals, it is necessary that the City promote the reduction of solid waste and reduce the stream of solid waste going to landfills; WHEREAS, waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City of Azusa and much of this waste is particularly suitable for recycling and reuse; WHEREAS, the City of Azusa is mandated by the State of California to implement programs to reduce the amount of construction and demolition waste sent to landfills by 65% beginning the year 2017 and beyond; WHEREAS, in order to comply with the California Green Building Standards Code (CALGreen) Code, Section 4.408 and 5.408; the City requires Applicants as defined in Azusa Municipal Code Section 14-567 with covered construction and demolition projects to submit a Waste Management Plan (WMP); WHEREAS, certain types of projects are exempt from these requirements; WHEREAS, the City's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition waste; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Article XVIII, Section 14-567 to Section 14-581 are hereby added to Chapter 14 of the Azusa Municipal Code as follows: "ARTICLE XVIII, CONSTRUCTION AND DEMOLITION WASTE RECYCLING AND DIVERSION" See.14-567: Definitions. For the purposes of this Chapter, the following definitions shall apply: a) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter. b) "Completion" means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the City for a project, the date a certificate of occupancy is issued by the City for a project, the date the final City inspection approving the project is completed, or the date on which a permit for the project expired or that such a permit is withdrawn or cancelled. For demolition only projects, "completion" means the date that is 30 days after the permit was issued. c) "Construction" means the building of any structure or any portion thereof, and includes, without limitation, alterations or improvements to an existing structure. d) "Construction and Demolition Debris" means the excess or discarded materials which are to be removed from a site during or after the construction or demolition of any structure, fence, wall or paving. e) "Construction Containers " means containers provided by franchise hauler. Collection containers other than those provided by franchise hauler must have permanent signage bearing the name and contact information of the owner on all containers utilized at the job site. f) "Waste Management Plan" or WMP means an application packet approved by the director of economic and community development or his/her designee for the purpose of reviewing project compliance with the provisions of this chapter and outlines how recoverable material will be diverted from the landfill. g) -"Conversion Rate" means the rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris. h) "Covered Project" means any project meeting the thresholds set forth in Azusa Municipal Code Section 14-569. i) "Non -Covered Project" means any project meeting the thresholds set forth in Azusa Municipal Code Section 14-569. j) 'Demolition" means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. k) 'Deconstruct" and "Deconstruction" mean the careful and systematic dismantling of a structure in order to salvage materials for diversion. 1) "Director" means the director of economic and community development or his/her designee who is hereby designated to issue a compliance order or an administrative citation to enforce this chapter. m) 'Divert" and 'Diversion" means the reuse of construction and demolition debris to avoid disposal in a landfill. n) 'Diversion Requirement" means the diversion of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to Azusa Municipal Code Section 14-571. o) "Permit" means any building or demolition permit. p) "Project" means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that requires a permit from the City of Azusa. q) "Recycling" and "Reuse" mean the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill, for use as raw material for new, reused, or reconstituted products which meet industry standards. r) "Self -Haul " means waste that is hauled to a transfer, processing, or disposal facility directly by the Applicant or by someone whose primary business is not waste hauling. Self -Hauling of refuse from a construction or demolition site is not permitted; however, the Applicant may Self -Haul recyclable materials if i) they own the collection container and vehicle in which the recyclable materials are hauled and ii) they obtain a Self -Haul permit from the City. Collection containers utilized for Self -Hauling and present at the job site must have permanent signage bearing the name and contact information of the owner, which shall not be a company whose primary business is waste hauling. s) "Structure" means anything constructed or erected that requires a location in the ground, including a building or a swimming pool, but not including a fence or a wall used as a fence, or driveways or walkways. t) "Unlawful Containers/rolloff ' means containers or rolloff not authorized by the City for storage or transport of solid waste and/or recyclable material. u) "Waste Management Plan Compliance Official" means the designated City staff authorized and responsible for implementing this chapter. Section 14-568: Thresholds for Covered Projects. Unless otherwise exempted under Azusa Municipal Code Section 14-572, the following Covered Projects shall meet the diversion requirement and shall comply with all the provisions of this chapter: A. Covered Projects. All new construction, demolition, and renovation (alterations/additions) projects within the City that are 1,000 square feet or greater as determined by the building official shall comply with this chapter. B. City -Sponsored Projects. All City -sponsored construction, demolition, and renovation projects shall be considered "Covered Projects" for the purposes of this chapter and shall submit a Waste Management Plan to the WMP compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter. C. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project. Sec. 14-569: Thresholds for Non -Covered Projects. Applicants for construction, demolition, and renovation projects that are 1,000 square foot or less as determined by the building official shall be encouraged to divert at least 65% of all project - related construction and demolition debris, but shall not be required to comply with this chapter. The following Non -Covered Projects are considered categorically exempt: 1. A project that is under the threshold of 1,000 square feet. 2. The re -roofing of any residential or commercial structure that neither increases the building's conditioned area, volume, nor size, (excluding concrete roof tiles and wood shake roofing). 3. Residential pool, spa, and retaining wall projects. 4. Projects in which only plumbing, electrical, or mechanical permit is required. 5. Seismic tie -down projects. 6. Projects where no structural building modifications are required. 7. Emergency demolition projects required to protect public health or safety as determined by the WMP Compliance Official. 8. Other projects that the WMP Compliance Official determines shall produce no, or only a minimal quantity of, C&D waste. 9. Installation of pre -fabricated patio enclosures and covers where no foundation or other structural building modifications are required. 10. Installation of pre -fabricated accessories such as signs or antennas where no structural building modifications are required. 11. A project for which a valid building or demolition permit has been lawfully issued by the City prior to the effective date of this ordinance. Sec. 14-570: CALGreen Building Code — State Minimum Standards. This section sets forth that all Covered Projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections: • 4.408.1 Construction Waste Management Residential (recycling requirements) ■ 5.408.1 Construction Waste Management Non -Residential (recycling requirements) ■ 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements) ■ 5.410.1 Recycling by Occupants Non -Residential (recycling enclosure requirements) Sec. 14-571: Diversion Requirement. The Applicant for a Covered Project shall divert a minimum of 65%, or the most current California Green Building Standards Code (CALGreen) requirement, of generated construction and demolition materials, inclusive of any future changes to the CALGreen code. Sec. 14-572: Diversion Requirement Exemption. A. Application: If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it infeasible to comply with the diversion requirement, the Applicant may apply for a diversion requirement exemption at the time that he or she submits the Waste Management Plan required under Azusa Municipal Code Section 14-573 (Waste Management Plan) of this Ordinance. B. Granting of Exemption: If the WMP Compliance Official determines that it is infeasible for the Applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the Applicant shall be required to meet, and will inform the Applicant in writing of the new requirement. The Applicant shall then have 15 calendar days to resubmit another WMP, which is in compliance with the new diversion requirement. If the Applicant fails to resubmit, or if the resubmitted WMP does not comply with Azusa Municipal Code Section 14-573 (Waste Management Plan), the WMP Compliance Official shall disapprove the WMP in accordance with Azusa Municipal Code Section 14-573. Section 14-573: Waste Management Plan. A. All Applicants for Covered Projects shall complete and submit a Waste Management Plan as part of the application packet for a permit issued for a Covered Project. The Waste Management Plan shall include the following information, calculated with the conversion rate, and shall be attested by the Applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project, where all of the facts cannot be ascertained: 1. The estimated volume or weight of project waste to be generated by material type; 2. Determine if materials will be sorted on -site or mixed; 3. The maximum volume or weight of such materials that can feasibly be diverted via reuse, recycling or salvage for future use or sale by material type; 4. The vendor(s) that the Applicant proposes to use to haul the materials; 5. Facility(s) the materials will be hauled to, and their expected diversion rates (by volume or weight) by material type; and 6. Estimated volume or weight of construction and demolition waste that will be disposed. Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the WMP, the Applicant shall use the standardized conversion rates approved by the City for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the Applicant calculates the projected feasible diversion rate as described above, and finds the rate does not meet the diversion goal, the Applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete. B. Approval: No building or demolition permit shall be issued for any Covered Project unless the Building Official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. Section 14-574: Administrative Review Fee. Applicants for permits for a Covered Project shall pay a non-refundable administrative review fee to compensate the City for all expenses incurred in reviewing an Applicant's documentation and confirming performance of the recycling plan. The Administrative Review Fee amount is determined in accordance with a set scale by the Building Department and included in the Schedule of Fees and Charges. Section 14-575: On -site Practices. A. During the term of the Covered Project, the Applicant shall recycle and reuse the required percentage of waste, and keep records of the tonnage or other measurements approved by the City/County that can be converted to tonnage amounts. The WMP Compliance Official will evaluate and may monitor each Covered Project to determine the percentage of waste salvaged and recycled or reused from the Covered Project. For Covered Projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on -site if this practice increases diversion. For construction and/or demolition projects, on -site separation shall include salvageable materials (e.g. appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete, and corrugated cardboard. B. Deconstruction/Recovery Interval for Covered Demolition Projects. Every covered demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the Applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. Sufficient time, as determined by the Building Official, shall be allowed for deconstruction, salvage and recovery. Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of Azusa Municipal Code Section 14-571 (Diversion Requirement). Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale. C. Use of City's Exclusive Franchise Hauler for Refuse. All refuse shall be hauled by the City's franchise hauler per Azusa Municipal Code, Chapter 58, Section 58.37. Applicant shall work with the franchise hauler on the appropriate container size that can be accommodated onsite. D. Self -Hauling of Recyclable Construction and Demolition Materials. For disposal of non - refuse recyclable construction and demolition materials, Applicants may utilize the City's franchise hauler or Self -Haul to any City of Azusa approved list of recycling facilities, subject to the Self -Haul requirement that Applicant must own the collection container and vehicle in which the recyclable materials are hauled. All collection containers on -site shall have permanent signage bearing the name and contact information of the Applicant, except for containers provided by franchise hauler. E. Approval to Self -Haul shall be subject to verification and determination of the WMP Compliance Official. The City reserves the right to inspect Self -Hauling activities at any time during the construction period. Upon request, the Applicant shall be required to submit weight slips and/or other documentations as proof of the actual disposed and diverted materials. If the Applicant fails to submit proof of actual disposed and diverted materials specified in Azusa Municipal Code Section 14-573, the permit to Self -Haul may be revoked and the Applicant will be directed to use the franchise hauler until the project is completed. Section 14-576: Impounding and fining unlawful container/roll off. All containers used within the City shall be owned and/or operated by either (A) the City, (B) the City's franchised hauler, or (C) the Applicant (if Self -Hauling). All other containers are unauthorized and may be immediately removed and impounded by the Director or his/her designee. In addition, the Director or his/her designee may immediately remove and impound any container(s) that create a dangerous or hazardous condition constituting an immediate threat to public health or safety. Applicants using their own trucks and using their own containers to collect construction and/or demolition debris shall display permanent signage bearing the name and contact information of the Applicant. 1) Any container/roll off used for storage or transport of solid waste and/or recyclable material, for the purposes of this section, is deemed an "unlawful container/roll off'. The unlawful container/roll off may be removed from any premises in the city, impounded, and fines be issued pursuant to the provisions of this section. In the event the unlawful container/roll off has contents, such contents may be impounded along with the unlawful container/roll off. 2) The Director or his/her designee may remove and impound any unlawful container/roll off, and any contents thereof, which is located in the public right of way or on any city - owned property pursuant to the provisions of this section. Prior to removing an unlawful container/roll off, the Director or his/her designee shall give notice to the owner of the container/roll off, identifying that the container/roll off is in violation of this section, and stating that if the container/roll off is not removed within twenty-four (24) hours, it may be removed and impounded by the city and/or its designee together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the container/roll off, and by telephone, if a telephone number is displayed on the container/roll off. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the container/roll off, such person shall be deemed to have had notice of the requirements of this section and no further notice need be given prior to impoundment of an unlawful container/roll off which has similar identification on it. If the unlawful container/roll off is not removed from the city -owned property or right of way within twenty-four (24) hours, it may be impounded, together with the contents thereof. Upon impoundment, the Director or his/her designee shall issue a monetary fine pursuant to the provisions of this section. Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and (8) of this section. 3) Any unlawful container/roll off located on a property not owned by the city is hereby declared to be a nuisance and is subject to removal, impoundment, and monetary fine pursuant to the provisions of this section. Prior to removing an unlawful container/roll off, the economic and community development director or his/her designee shall give notice to the owner of the container/roll off or the property owner on which the container/roll off is situated, identifying that the container/roll off is in violation of this section, and stating that if the container/roll off is not removed within twenty-four (24) hours, it may be removed and impounded by the city and/or its designee together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the container/roll off or in a conspicuous place on the property, and by telephone, if a telephone number is displayed on the container/roll off. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the container/roll off, such person shall be deemed to have had notice of the requirements of this section and no further notice need be given prior to impoundment of an unlawful container/roll off which has similar identification on it. If the unlawful container/roll off is not removed from such property within twenty-four (24) hours, it may be impounded, together with the contents thereof. Upon impoundment, the Director or his/her designee shall assess a recovery fee pursuant to the provisions of this section. Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and (8) of this section. 4) The Director or his/her designee shall retain an impounded container/roll off for a period of not less than thirty (30) calendar days, but may process and dispose of the contents of an impounded container/roll off at any time following impoundment if he/she determines such processing and disposal is necessary to comply with the diversion requirements of the California Waste Management Act of 1989 (AB 939) or to preserve the public health, safety, or welfare. 5) Within two (2) business days after removal of an unlawful container/roll off, the Director or his/her designee shall mail written notice to the owner of the container/roll off service, if an address can be ascertained from information on the container/roll off itself, or to the owner of the property from which the container/roll off was removed, if removed from private property and the owner of the container/roll off cannot otherwise be ascertained. Such notice shall advise that the container/roll off has been removed by the city, and if not redeemed within thirty (30) days by the owner thereof, and all applicable charges paid, may be disposed of by the city in any manner which the city deems appropriate. 6) Upon establishment of a violation, the Director or his/her designee shall deliver or mail a written citation to the owner of the container/roll off service, if an address can be ascertained from information on the container/roll off itself, or to the owner of the property on which the container/roll off was placed. 7) Each violation is determined to be an infraction and is punishable by a fine as specified by subsection (8). 8) The impound fee shall be assessed based on the Schedule of Fees and Charges annually approved by a City Council. In order to retrieve the impounded container/roll off, the container/roll off owner shall pay all related cost for towing, storage, and content disposal, pursuant the diversion requirements of the California Waste Management Act of 1989 (AB 939), to the storage yard. Section 14-577: Reporting. A. Documentation. Within 90 calendar days after the completion of any Covered Project, the Applicant shall submit to the WMP compliance official a Post -Project Compliance Report that demonstrates the Applicant has met the diversion requirement for the project. The diversion requirement shall be that the Applicant has diverted at least 65% percent by weight of the total C&D debris generated by the project via reuse or recycling, unless the Applicant has been granted an infeasibility exemption pursuant to Azusa Municipal Code Section 14- 572 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. If there is an exclusive solid waste recycling franchise with the city in effect which guarantees 65% percent diversion, use of that exclusive franchise solid waste recycling service shall be deemed as complying with the 65% diversion requirement. Documentation shall include all of the following: (1) For Applicants using the exclusive franchise solid waste recycling service: a) The dates demolition and construction actually commenced; b) Invoice bills indicating that all material was collected and processed by the exclusive franchise solid waste recycling service; c) A copy of the previously approved WMP for the project; d) Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this chapter. (2) For Applicants approved to Self -Haul: a) The dates demolition and construction actually commenced; b) The actual weight of construction and demolition debris, listed for each material; c) The actual weight of construction and demolition debris that was diverted, listed for each material; d) A specification of the method used to determine the weights and a certification that the method used was the most accurate, commercially reasonable method available; e) Original receipts from all vendors or facilities which received each material showing the actual weight of that material; f) A copy of the previously approved WMP for the project adding the actual weight of each material diverted and landfilled; g) Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this chapter. B. Weighing of Wastes. To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized conversion rates approved by the City for this purpose. C. Determination of Compliance and Release of Performance Security. The WMP compliance official shall review the information submitted under subsection (a) of this section and determine whether the Applicant has complied with the diversion requirement, as follows: (1) Full Compliance. If the WMP compliance official determines that the Applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full performance security to be released to the Applicant. (2) Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case - by -case basis whether the Applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the Applicant to divert C&D debris. If the WMP compliance official determines that the Applicant has made a good faith effort to comply with this chapter, he or she shall release the performance security to the Applicant. (3) Noncompliance. If the WMP compliance official determines that the Applicant has not made a good faith effort to comply with this chapter, or if the Applicant fails to submit the documentation required by subsection (a) of this section within the required time period, then the performance security or a portion thereof, shall be forfeited to the City to satisfy any fines, civil penalties, late payment penalties, administrative costs or fees and other related charges. (4) Issuance of Certificate of Occupancy. The building official may issue a temporary certificate of occupancy prior to submittal by the Applicant of all documentation required by this section. The certificate of occupancy may be finalized upon receipt of all documentation. D. If a Covered Project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP compliance official before issuance of a building permit for the construction phase of a Covered Project. Alternatively, the Applicant may submit a letter stating that no waste or recyclable materials were generated from the Covered Project, in which case this statement shall be subject to verification by the WMP Compliance Official. Section 14-578: Fines/Penalties. The Applicant shall pay the costs of any code enforcement activities, including attorneys' fees, resulting from the violation of any conditions of approval for this chapter or any provision of the Azusa Municipal Code. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an Applicant who is determined by a court of competent jurisdiction to have violated this Chapter. Section 14-579: Appeals. Each Applicant shall have the right to appeal certain decisions made by the WMP compliance official. All appeal requests shall be submitted to the City Manager or his/her designee, in writing, within 30 calendar days of the decision of the WMP compliance official. Determinations subject to appeal would include, but not limited to: (1) the granting or denial of an exemption; (2) whether the Applicant has acted in good faith; and (3) the amount of deposit to be released. A hearing shall be held on a date no more than 15 calendar days after receipt of the letter of appeal. Appellant shall be given at least 5 calendar days' notice of the time and place of the hearing. A hearing officer, appointed by the city manager or his/her designee, shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. Section 14-580: Violation of this Chapter. It shall be unlawful and a violation of this chapter to do any of the following: A. To fail to comply with any provision of this chapter. B. To provide false or misleading information in any plan, report or document required by this chapter. C. To fail to meet the diversion requirement for any Covered Project. D. To fail to comply with any approved plan, report or document required by this chapter. Section 14-581: Option to Revise. From time to time and when there are legislative changes, the City will evaluate the Recycling and Diversion of Construction and Demolition Waste Ordinance to determine its effectiveness in reducing the amount of construction and demolition waste disposed. In this determination, the City will update the ordinance to reflect CALGreen Code updates and consider issues such as the amount of construction and demolition waste disposed, volume of construction and demolition activity, markets for construction and demolition waste, and other barriers encountered by Applicants. If the City determines the construction and demolition disposed had the potential for diversion, then the City may amend these provisions and implement the necessary measures to divert more construction and demolition waste. SECTION 2. Severability. If any section, sentence, clause, or phrase of this Ordinance, or the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this 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 of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 4. Publication. The City Clerk shall certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of the Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for or against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. PASSED, APPROVED, and ADOPTED this 3rd day of February, 2020. A��""j Alwil Ae� Jo ph Rode'r6 Roclza Mayor ATTEST: Je re w e Cornejo, Jr. ity lerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I HEREBY CERTIFY that the foregoing Ordinance No. 2020-01 was duly introduced and adopted at a regular meeting of the City Council of the City of .Azusa on the 3td day of February, 2020, by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE AB T: COUNCILMEMBERS: NONE J fr aw Cornejo, Jr. / it C erk APPROVED AS TO FORM: Best,Itorney est & Krieger, L City