HomeMy WebLinkAboutOrdinance #2767 ORDINANCE NO. 2767
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO SECTION 10.40.275
RELATING TO POSTING OF VACANT REAL PROPERTY
WITHIN TWO THOUSAND FEET OF THE COASTLINE
The City Council of the City of Huntington Beach finds that
certain real property within two thousand feet of the coastline
has been and is being used for the purpose of illegal parking,
littering and dumping of refuse , as defined in Huntington Beach
Municipal Code section 8.20.010(h) ; and
Such indiscriminate parking, dumping and littering are not
only unsightly, but are a current and immediate threat to the
public health, safety and welfare of the community because of
the likelihood of damage both to human beings and the environ-
ment,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1 . The Huntington Beach Municipal Code is hereby
amended by adding thereto section 10.40.275 to read as follows:
10.40.275 Vacant real property--Posting. Vacant real
property shall be posted to prohibit littering, dumping of
waste materials, parking of motor vehicles , and trespassing in
accordance with the following:
(a) Posting Requirement. Every person owning or in pos-
session of vacant real property located in the city within two
thousand ( 2000) feet of the mean high tide line of the Pacific
Ocean shall post such real property with at least two ( 2) signs
per parcel, displayed at intervals not more than one hundred
(100) feet apart, along all exterior boundaries and at all
roads and trails entering the property. Such signs shall for-
bid trespassing, littering, parking motor vehicles , and dumping
refuse, as defined in section 8 .20.010(h) , on such property-.
(b) Applicability. "Vacant real propertv, " as used in
1 .
this section, shall include all uncultivated real property
within two thousand (2000) feet of the mean high tide line of
the Pacific Ocean which is not enclosed by a perimeter fence,
and on which there are no permitted structures for residential ,
commercial, or industrial uses . Property on which there are no
structures other than oil wells and outbuildings shall not be
exempt from this section.
(c) Exemptions: The following are exempt:
(1) Property enclosed by a perimeter fence at least
five ( 5) feet high, secured by locked gates;
(2) Property occupied by or in possession of a public
entity or property dedicated to public use .
(3) Any parcel with an area less than ten thousand
(10 - 000) square feet shall be exempt from the posting re-
quirement so long as the total area of such parcel, plus
the area of all adjoining and contiguous parcels of vacant
real property, do not exceed ten thousand (1011- 000) square
feet .
(d ) Signs. The signs shall be at least twelve (12) inches
wide and eighteen (18) inches high, and shall meet the specifi-
cations established by the Director of Development Services and
the requirements of California Vehicle Code section 22658.
(e) No portion of this section shall be construed as re-
stricting a private owner in the lawful use of his or her own
property, unless the use creates a public health or safety
hazard, a public nuisance, or a fire hazard .-
SECTION 2. The Council finds that a current and immediate
threat to the public health, safety and welfare exists due to
indiscriminate parking of motor vehicles , littering, and.
dumping of refuse on vacant real property; that at the present
time there is no provision in the city's municipal code to
enable the city ' s health officer or law enforcement officers to
protect the public and the community from the possibility of
damage both to persons and the environment; and in order to
prevent the likelihood of such damage, the Citv Council, pur-
suant to city Charter section 501 , declares this ordinance to
be an urgency measure for the reasons set out herein. This
2.
ordinance shall take effect immediately.-
SECTION 4. The City Clerk shall certify to the passage of
this urgency ordinance and shall cause same to be publisher
within fifteen days of its adoption in a newspaper of general
circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a/WeRW meeting thereof held on the 21st
day of - -_-May
_flay _ _ - 1985 .
e
Mayor
ATTEST : APPROVED AS FORM:
City Clerk Clt Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad i istra or Director of Deve opment
Services
0575L/3498
RCS:ahb
5/16/85
3 .
Emergency Ord. No. 2767
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss,
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting
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 foregoing
ordinance was read to the City Council of the City of Huntington Beach
adjourned
at a/regular meeting thereof held on the 21st day of May
19 85 , and was passed and adopted by at least four-fifths-(4/5)
affirmative votes of said City Council.
AYES: Councilmen:
_Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
L lea M WW*Awth CITY CLERK of ft CRy of
NUnW0110ft BeaMh and ex-oMio Cierk of the City
do tweby certify that a synapsis Of this
ardingam tub been Published in the Munting"
BeaCh tnd�t an
In aC=,ti.,ce with the rty Charter a se"d J"Ay.
AUCIA M. WENTWORTH
L
_........._._.,. ,.. ..................................
city
_ Clerk
Depots+ City CRrk