HomeMy WebLinkAboutOrdinance #2106 ORDINANCE NO . 2106
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING CERTAIN SECTIONS OF CHAPTER 8. 24
PERTAINING TO DUST AND INDUSTRIAL WASTE, AND
SECTION 8. 32. 010 PERTAINING TO STANDING WATER
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is amended
by amending Sections 8. 24 . 040 , 8. 24.070, 8. 24 .080, 8. 24 . Og0,
8. 24.100 and 8. 32. 010 to read as follows :
8. 24.040 Abatement--Owner notification. Whenever there
exists in any place within the city a public nuisance, as de-
fined by Section 1. 04. 030(f) of this code, created by indus-
trial waste or dust , the city shall notify in writing the record
owner or person having control or possession of such place or
premises to abate such nuisance.
8. 24. 0 0 Abatement--Failure. Upon the neglect or refusal
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of the owner, or person having control or possession of any
place or premises to comply with the notice to abate, the city
may abate such nuisance and the owner of such place or premises,
or the person having control or possession thereof, shall be
liable to the city for the costs of such abatement which may be
recovered in a civil action.
8. 24 . 080 Abatement--Notice of city intention. In the
event the city elects to abate the nuisance, it shall serve or
cause to be served upon the record owner or the person in control
or possession of the premises a "Notice of Intention to Abate"
and if a hearing is not requested before the city council, as
hereinafter provided, within ten (10) days after service of the
"Notice of Intention to Abate," the city may proceed to abate any
such nuisance as hereinafter provided.
8. 24.090 Abatement--Hearing request . The request for
hearing shall be in writing and be filed with the city clerk.
Notice of the time and place where the city council will con-
sider the matter shall be mailed by the city clerk to the
1.
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applicant . At the time fixed for the hearing, the city council
shall hear and consider all relevant testimony and evidence
relating to the matter as offered by the applicant and by the
city . Upon the conclusion of the hearing, the city council shall
determine whether a condition contrary to the provisions of this
chapter exists and whether the city may abate.
8. 24 .100 Abatement--Refusal--Misdemeanor. Any owner
or person having control of any place or premises upon which
there is a public nuisance created by industrial waste or dust ,
who refuses or neglects to abate the same or to take corrective
measures to prevent its recurrence with the written notice from
the city within the time specified in said notice, shall be
guilty of a misdemeanor and subject to punishment upon conviction
thereof by a fine not exceeding Five Hundred Dollars ($500) or
one hundred (100) days imprisonment in the county jail or both
such fine and imprisonment .
8. 32 . 010 Nuisance--Abate or enclose . Every person in
possession of land within the city, either as owner, purchaser
under a contract , lessee, tenant or licensee, upon which is
situated standing water which may have accumulated by natural or
other means , which standing water shall, in the opinion of the
director of building and community development, be an attractive
nuisance to children by reason of the location, depth, condition,
soil factor or accessibility to children, shall cause to be
erected a five (5) foot fence, a guardrail as specified in
Section 1716 of the Huntington Beach Building Code or other
approved enclosure completely around said body of water and if
any gates are located in such enclosure, all such gates shall be
of the same height as required for the enclosure and shall be
self-closing and self-latching.
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of August 1976 .
Mayor
2.
ATTEST: APPROVED AS TO FORM:
J/,"o
City Clerk ty A Lorne '
APPROVED AS TO CONTENT: APPROVED, INITIATI DEPARTMENT:
Cl dministrator
j
NO FISCAL IMPACT ^
FISCAL IMPACT BUDGETED
FISCAL IMPACT -- NOT BUDGETED
REQUIRES FINANCIAL IMPACT RE°ORT
3•
Ord. No. 2106
STATE OF CALIFORNIA )
COUNTY OF ORANGE ' ) ss:
CITY OF HUNTINGTON BEACH )'
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 2nd day of August
19 76 , and was again read to said City Council at a regular
meeting thereof held on the 16th day of August 19 76 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Pattinson, Siebert, Shenkman. Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Gibbs
i
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach d -oPficio Clerk of the City
Council, n ,, h:t "h:s .r+:nonce has
been -' eves on
AIIGIA M. tENT�110RTN ._. -
- _ .. City Clerk