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HomeMy WebLinkAboutOrdinance #570 ORDINANCE NO. 570 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PRESCRIBING THE METHOD OF PROCEDURE FOR ESTABLISHING SETBACK. LINES IN THE CITY OF HUNTINGTON-BEACH AND THE PENALTY FOR THE VIOLATION OF ORDINANCES ESTABLISHING SUCH LINES. The City Council of the City of Huntington Beach, California, do ordain as follows: Section 1: That proceedings for the establishment of setback lines along any portion of any street or streets, alley or other public way or place in the City of Huntington Beach shall be initiated as in this ordinance provided. A petition may be filed with the City Council- asking that a setback line or lines be established,which petition shall designate the street or portion of the street, alley or other public way or` place along which such lines are sought to be established, and shall be accompanied by a map or sketch show- ing the street, or lot lines and the proposed setback lines and ' the distance- thereof from the regularly established property line. Procedure for establishing such setback lines may also be initiated by motion of the City Council or the City Planning Commission. Section 2: Upon consideration of such petition, or recom- mendation of the City Planning Commission, or upon its own motion, whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the City Council of Huntington Beach is .hereby authorized and empowered to determine ®1- Orde 570 r the minimum distance back from the street line for the erection of buildings or structures along any portion of any street, public way or place` in the City. of Huntington Beach, and to order the establishment of a line to be known and designated as a setback line, between which line and the street line no building or structure shall be erected or constructed. Section 3: Before ordering the establishment of any set- back line authorized' by Section 2 hereof, the City Council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established, which resolution shall be published once in a newspaper of general circulation pub- lished and circulated in said City, of Huntington Beach; and one copy of said resolution, shall be posted conspictiously upon that side of the street, public way or place,' in front of each block where such setback line is proposed to be established; and if any block is over 500 feet in length, such" copies of said resolution shall be posted not more than 500 feet apart upon the side of the street, public way or place where such setback line is proposed to be established. Said resolution shall contain, also, a notice of the day, hour and place when and where any and all persons having any objection to the es- tablishment of the proposed setback line or lines may appear before said City Council and present any objection which they may have to said proposed setback line or lines as set forth in said resolution of intention: Said time of hearing shall be not less than fifteen (15) nor,,.more than forty (40) days from the date of the adoption of the resolution of intention; and said publication and posting of said resolution shall be made at least ten (10) days before the date of said hearing. -2- Ord® 570 Section 4: After the adoption of said resolution of intention, and prior to the time the ordinance establishing a setback line or lines in such proceedings becomes,''.effective, no building permit shall be issued for the erection of any building. or structure between. any proposed setback line and the street line, and any permit so issued shall.be void. Section' 5: At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which said setback is proposed to be estab- lished may file with the City Clerk a written protest or ob- jection against the establishment of said setback line or lines. designated in the ,resolution of intention. Such protest must be in writing and be delivered to said Clerk not later than the hour set for said hearing, and no other protests .or objec- tions shall be, considered. All protestants.may appear before the City Council at said hearing, either in person or by counsel, and be heard in support of their protests.or objec- tions. At the time set for hearing, or at any time to -which the said hearing may be continued, the City Council shall pro- ceed to hear and pass upon all protests ,or objections so made, and its decision shall be final and conclusive., Said City Council shall have power and jurisdiction to . sustain any protest or objection and abandon said proceeding, or to deny any and all protests or objections,' and order by ordinance the establishment of said setback line or lines de- scribed in the resolution of intention, or to order the same established with such changes or modifications as the City Council may deem proper. -3- Ord-- 570 Section 6:. From and after the .taking effect of such ordinance establishing any setback line or lines, it shall be unlawful for any person, firm or corporation to construct any building, wall, fence, .sign, or other structure within the ..space between the street line and the setback line so estab- lished, and the Building Inspector shall refuse to issue any permit for any building, fence, sign, or structure proposed to be erected within such space. Section 7: Any person, firm or corporation violating any of the provisions of any ordinance establishing any setback line pursuant to this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than 'Three Hundred Dollars ($300.00) or by imprisonment in the County Jail of the County of Orange for a period of not more' than six (6) months, or 'by "both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of such ordinance is permitted, continued or committed by such person, firm or cor- poration, and shall be punishable therefor as provided by this ordinance. Section 8: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California; and thirty days after the adoption hereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Ords 570 • Huntington Beach, California, this 7th day of May , 1951. r7777 pp Ti j ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was first read to said City Council at a regular meeting thereof held on the 16th day of April , ,1951, and was again read to said City Council at a regular meeting there- of held on the 7th._ day of may , 1951, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows: AYES: Councilmen: Greer, Talbert, LeBard, Seabridge, Langonbeeka 1 NOES: Councilmen: mane® ABSENT: Councilmen: None. �y Clerk -and ex-officio Clerk o the City Council of the City of Huntington Beach, California. 1