HomeMy WebLinkAboutOrdinance #3386 ORDINANCE NO. 3386
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING AND
REPLACING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE
DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
Section 1. That Chapter 17.10 of the Huntington Beach Municipal Code is hereby
repealed in its entirety.
Section 2. That Chapter 17.10 is hereby added to the Huntington Beach Municipal
Code, said Chapter to read as follows:
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
Sections
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 City Administrator/Administrative Abatement Officer
17.10.040 Person/Responsible Person/Party
17.10.050 Abate/Abatement
17,10.060 Premises
17,10.070 Service of Notice -
17.10.080 Abatement of Nuisance Related Activities or Condition
17.10.090 Nuisance Designated
17.10.100 Notification of Nuisance and Abatement Thereof
17,10.110 Notice of Administrative Penalty
17.10,120 Administrative Penalties
17.10.130 Administrative Costs
17.10.140 Abatement by Administrative Abatement Officer
17.10.150 Record of Administrative Penalties and Costs; Costs of Abatement -
Hearing
17.10,160 Expenses and Administrative Penalties and Costs Shall be a Lien Against
the Property
17.10.170 Notice of Lien
17.10.180 Alternative Method of Collection
17.10.190 Right of Judicial Review
17.10.200 Violations
17.10.210 Alternatives
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17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property values
and which are injurious or detrimental to the health, safety and general welfare of the citizens of
Huntington Beach.
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter
shall be cumulative and in addition to any other procedure or legal remedy provided for in this
Code or by state law for the abatement of nuisance related activities or conditions. Nothing in
this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding
to abate a nuisance under applicable civil, penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter.
17.10.030 City Administrator/Administrative_Abatement Officer. As used in this
chapter, "Administrative Abatement Officer" shall mean the City Administrator and any other
person or persons designated by the City Administrator as being an Administrative Abatement
Officer.
17.10.040 Person/Responsible Person/Party
A. As used in this chapter, "Person"/"Responsible Person"/"Party" shall mean any
individual, business or entity who is responsible for causing, maintaining or permitting a nuisance
activity or condition. The terms"person," "responsible person" or"responsible party" include,
but are not limited to, a property owner, tenant, person with a legal interest in real property or
person in possession or occupying real property, the president or other officer of a corporation, a
business owner or manager of a business.
B. Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the meaning of this _
chapter shall be imputed to the parent or guardian having custody and control of the minor for all
purposes, including the duty to abate the nuisance(s) and the imposition of administrative
penalties and costs as provided for herein. The parent or guardian having custody and control of
the minor shall be jointly and severally liable with the minor for any and all penalties or costs
imposed pursuant to this chapter.
17.10.050 Abate/Abatement. As used in this chapter, the terms"abate" and "abatement"
shall mean action to terminate, remove, stop, cease, repair, replace or otherwise remedy a _
nuisance related activity or condition by such means and in such manner as is necessary to the
interest of the health, safety or general welfare of the public.
17.10.060 Premises. As used in this chapter, the term"premises" shall mean any location,
building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land or
portion thereof whether improved or unimproved.
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17.10.070 Service of Notice
A. Whenever any notice, amended notice, supplemental notice, order, statement or
other document is required to be served upon any person, by the provisions of this chapter, such
service shall be either by personal service or by delivery into the United States mail, postage
prepaid, certified or registered mail,to the person's last known address. If service is by mail, the
service is complete at the time of the deposit, but any period of notice and any right or duty to do
any act or make any response within any period or on a date certain shall be extended five days if
the place of address is within the State of California or ten days if the place of address is outside
the State of California.
B. In lieu of personally serving the person or service by certified or registered mail,
service of any notice, amended notice, supplemental notice, order, statement or other document
may be made as follows:
1. In the event that the responsible person refuses to accept certified or registered
mail or cannot be personally served, service may be made by substituted service.
In lieu of personal delivery of a copy of the document, notice may be served by
leaving a copy during usual office hours at the person's usual place of business
with the individual who is apparently in charge, and by thereafter mailing by first-
class mail a copy of the notice to the person at the address where the copy of the
notice was left. Or, a document may be served by leaving a copy at the person's
dwelling or usual place of abode in the presence of a competent member of the
household, at least 18 years of age, and thereafter mailing by first-class mail a
copy of the notice to the person at the address where the copy was left.
2. In the event a person refuses to accept certified or registered mail or cannot be
personally served or served by substituted service and has a property manager or
rental agency overseeing the premises, substituted service may be made as set
forth above, upon the property manager or rental agency.
3. If a person lives out of state and will not accept certified or registered mail, then
service may be made by first-class mail.
17.10.080 Abatement of Nuisance Related Activities or Condition. Any activity,
condition or premise(s) maintained as described herein is declared to be a public nuisance and -
shall be abated by cessation of the activity, rehabilitation, demolition,removal, repair or other
appropriate remedy pursuant to the procedures set forth in this chapter.
17.10.090 Nuisance Designated. It is hereby declared a public nuisance, or an act in the
nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow any
premises in this City to be used in such a manner that any one or more of the activities or
conditions described in the following subsections are found to occur thereon.
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A. Any condition or activity which is a"nuisance" or a"public nuisance" as defined in
Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically
declared to constitute a nuisance or public nuisance by any statute of the State of California or by
any ordinance of the City of Huntington Beach.
B. The violation of any provisions of the following Uniform Codes which have been
adopted, as amended, by the City of Huntington Beach:
1. Uniform Building Code;
2. National Electrical Code;
3. Uniform Fire Code;
4. Uniform Housing Code;
5. Uniform Plumbing Code;
6. Uniform Mechanical Code;
7. Uniform Code for the Abatement of Dangerous Buildings;
8. Uniform Swimming Pool, Spa and Hot Tub Code;
9. Uniform Adminstrative Code.
C. The violation of any provision of the Huntington Beach Municipal Code, or the
Huntington Beach Zoning and Subdivision Ordinance Code, or any code adopted by reference.
D. The operation or maintenance of any business, trade or profession in violation of
Title 5 of this Code, or lack of a proper certificate of occupancy.
E. The frequent gathering, or coming and going, of people who have an intent to
purchase or use controlled substances on or at any premises in this City.
F. Participation in a criminal street gang as proscribed by California Penal Code
Section 186.22.
G. The making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which
causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the
area.
H. The occurrence of criminal activity at any premises which threatens the life, health,
safety or welfare of the residents of the premises, neighbors or the public.
I. Buildings which are abandoned, boarded up, partially destroyed or left
unreasonably in a state of partial construction.
3. Land, the topography or configuration of which, whether in a man-made state or
as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water
drainage problems of such magnitude as to be injurious to the public health, safety and welfare or
to adjacent properties.
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K. The failure to secure and maintain from public access all doorways, windows and
other openings into vacant structures.
L. Overgrown vegetation on developed property which:
(1) Harbors rats, vermin, and other disease carriers; or
(2) Causes detriment to neighboring properties or property values;
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic.
M. Dead, decayed, diseased or hazardous trees, weeds and other vegetation on
developed property which:
(1) Constitutes an unsightly appearance; or
(2) Creates danger to public safety and welfare; or
(3) 1s detrimental to nearby property or property values.
N. Abandoned, broken, neglected machinery or equipment which poses a potential
hazard to the general public.
O. Unprotected or hazardous excavations, swimming pools, and ponds.
P. Broken or discarded furniture, household equipment and appliances on the
premises, visible from the street, which causes damage or is a detriment to neighboring properties.
Q. Packing boxes, lumber, dirt and other trash or debris outside commercial and
industrial buildings which is visible from public streets and causes detriment to neighboring
properties.
R. Accumulation of dirt, fitter or debris in doorways, adjoining sidewalks, parking lots
and landscaped areas.
S. Deteriorated parking lots which have pot holes, cracks and ridges. -
T. Fences in a state of disrepair or in a dilapidated condition.
U. Premises including, but not limited to, building exteriors which are maintained in
such condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding property or is
materially detrimental to proximal properties and improvements. This includes, but is not
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limited to, the keeping and disposing of or the scattering over the property or premises of any of
the following: (i) lumber,junk, trash or debris; (ii) abandoned or discarded or unused objects or
equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (iii)
stagnant water or excavation(s); (iv) any device, decoration, design, fence, structure, clothesline
or vegetation which is unsightly by reason of its condition or inappropriate location; or(v)
permitting or allowing any graffiti to remain on any building, wall, fence or structure.
V. The use of any premises for the purpose of illegal gambling, lewdness, assignation,
or prostitution as proscribed by state law or this Code.
W. The maintenance, use, rental or lease of any premises, or subunit thereof, including
single-family dwellings, where persons are allowed to congregate, gather or loiter in such a
manner as to disturb the peace of other persons lawfully on the property itself or lawfully in the
vicinity of the property.
X. The use of any premises for the purpose of unlawfully selling, serving, storing,
keeping, manufacturing or giving away any controlled substance, precursor, or analog as those
terms are defined by state law.
Y. Noise disturbances in violation of Chapter 8.40 of this Code.
Z. Maintenance of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties.
17.10.100 Notification of Nuisance and Abatement Thereof
A. Whenever the Administrative Abatement Officer declares or finds that any
nuisance activity or condition is being maintained or carried on at any premises in the City
contrary to the provisions of this Chapter, the Administrative Abatement Officer shall give written
"Notice of Abatement" to any and all responsible persons or parties, whose names and identities
have been determined by the Adminstrative Abatement Officer after making reasonable
investigation and inquiry, setting forth a brief description of the activity or condition constituting
the nuisance and the sections of this chapter that are being violated.
B. The Notice of Abatement shall include the following:
1. Set forth a reasonable time limit not to exceed thirty days for correcting or abating
the nuisance;
2. Suggested methods of correction or abatement and the fact that the City will take
steps to abate the nuisance if the person fails to do so;
3. That administrative penalties and/or administrative costs will be assessed against
the responsible person in the event the nuisance activity or condition is not
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corrected or abated within the time frame established by the notice for correcting
or abating the nuisance;
4. That the person or party served has the right to request a hearing as provided by
this Chapter;
5. That failure to make timely application for a hearing as provided for in this
section shall be deemed a conclusive.admission that: 1)the nuisance activity or
condition described in the notification of nuisance does or did exist, 2) that the
person(s) to whom the notice was directed is in fact the person(s) responsible for
creating or maintaining the nuisance condition or activity, and 3) that the time
specified in the notice for the correction or abatement of the nuisance is, in fact,
reasonable under the circumstances.
C. Except in the case of an emergency situation wherein the nuisance condition or
activity poses an immediate threat to the health, safety, or general welfare of the public, the time
permitted for correction or abatement shall be at least fifteen calendar days.
D. The Administrative Abatement Officer may grant an extension of time to abate a
nuisance if, in his/her opinion, good cause for an extension exists.
E. The person or party who has been served with notice pursuant to this section may,.
within seven calendar days, make a written application to the Administrative Abatement Officer
for a hearing on the question of whether a nuisance activity or condition in fact exists; whether
the person to whom the notice was directed is responsible for the creation or maintenance of such
nuisance; and whether the Administrative Abatement Officer has provided sufficient time to
corrector abate the nuisance condition or activity.
F. Upon receipt of a timely written application for hearing, the Administrative
Abatement Officer shall establish the date and time of the hearing and shall so notify the
applicant in writing. Failure to make timely application for a hearing as provided for in this
section shall be deemed a conclusive admission that: 1)the nuisance activity or condition
described in the notification of nuisance does or did exist, 2)that the person(s)to whom the
notic6 was directed is in fact the person(s) responsible for creating or maintaining the nuisance
condition or activity, and 3) that the time specified in the notice for the correction or abatement
of the nuisance is, in fact, reasonable under the circumstances. -
G. The hearing provided for in this section shall be conducted by the Administrative
Abatement Officer. At the time stated in the notice of hearing, the Administrative Abatement
Officer shall hear and consider all relevant evidence, including, but not limited to, testimony
from the applicant, owners, City personnel, neighbors, witnesses or other interested parties, and
may consider staff reports or other written materials relative to the matter. The hearing may be
continued from time to time as appropriate and the strict rules of evidence shall not apply. Proof
of the existence of a nuisance condition or activity must be by a preponderance of the evidence
and the burden of proof on this issue is upon the City.
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H. At the conclusion of the hearing, or in the case where no hearing has been
requested by a person or party served with the Notice of Abatement and the time for correcting or
abating the nuisance as set forth in the Notice of Abatement has expired, the Administrative
Abatement Officer shall issue a compliance order confirming, amending or dismissing the Notice
of Abatement or he/she may extend the time for compliance. The decision of the Administrative
Abatement Officer shall be final and conclusive. Written notice of the Administrative
Abatement Officer's decision and findings shall be given to the person or party and said notice
shall state clearly and concisely the basis for the Administrative Abatement Officer's findings
with respect to the existence of the nuisance activity or condition. The notice shall further state
that unless the person or party shall cause the abatement of the nuisance activity or condition,
pursuant to the notice, the nuisance shall be abated, if appropriate, by the City at the expense of
the person or party, and that administrative penalties and/or costs will be assessed against the
person for non-compliance with the notice.
17.10.110 Notice of Administrative Penalty
A. After the time for abatement or correction has expired, the Administrative
Abatement Officer shall determine whether the person or party has taken the necessary
abatement or corrective action and whether the nuisance activity or condition has in fact been
abated.
B. If the Administrative Abatement Officer determines that the person has complied
with the "Notice of Abatement" or order and that the nuisance has been abated,the person shall
be notified in writing of such determination and the administrative action provided for herein
shall be suspended. If the Administrative Abatement Officer suspends the administrative action,
he/she may continue to monitor the premises or activity associated with it for a period not to
exceed eighteen months.
C. If the Administrative Abatement Officer determines that the person has failed to
comply with the initial abatement order or any expansion thereof or that the nuisance activity or
condition has recurred within eighteen months of the suspension of the case, the Administrative
Abatement Officer may impose, after a hearing conducted in the manner set forth in section
17.10.100(G), an administrative penalty and/or administrative costs as provided in this Chapter.
In theevent administrative penalties or costs are imposed by the Administrative Abatement
Officer, the responsible person shall be notified in writing of the amount of the administrative
penalty imposed in accordance with the provisions set forth in this Chapter. The decision of the
Administrative Abatement Officer shall be final and conclusive.
D. In addition to imposing administrative penalties or costs,the Administrative
Abatement Officer may, after conducting the hearing described in section 17.10.110(C), issue
another order to correct or abate the nuisance condition or activity for the existence of any
nuisance which has not been abated, or which has recurred within the eighteen month period the
action was held in suspension.
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17.10.120 Administrative Penalties
A. Administrative penalties imposed by the Administrative Abatement Officer are not
to exceed a maximum of five hundred dollars per day for each on-going violation, except that the
total administrative penalty shall not exceed thirty thousand dollars, exclusive of any
administrative costs, for any violation or related series of violations.
B. In determining the amount of administrative penalty, the Administrative Abatement
Officer shall take any or all of the following factors into consideration:
1. The duration of the violation;
2. The frequency, recurrence and number of violations, related or unrelated, by the
same violator;
3. The seriousness of the violation;
4. The good faith efforts of the violator to abate the nuisance or otherwise come into
compliance;
5. The economic impact of the penalty on the violator;
6. The impact of the violation on the community; and
7. Such other factors as justice may require.
C. Administrative penalties imposed shall accrue from the date specified in the
compliance order and shall cease to accrue on the date the violation is corrected as determined by
the Administrative Abatement Officer,
D. The Administrative Abatement Officer, in his/her discretion, may suspend the
imposition of applicable administrative penalties for any period of time during which;
1. The violator has filed for necessary permits; and
2. Such permits are required to achieve compliance; and
3. Such permit applications are actively pending before the City, state or other
appropriate governmental agency.
17.10.130 Administrative Costs
A. In addition to the imposition of administrative penalties, the Administrative
Abatement Officer may assess administrative costs against the person when it is determined that a
violation has occurred and that compliance has not been achieved within the time specified in the
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initial compliance order or that a violation has recurred within eighteen months of the suspension
of the case.
B. The administrative costs may include any and all actual costs incurred by the City
in connection with the matter before the Administrative Abatement Officer including, but not
limited to, costs of investigation, staffing costs or staffing overhead incurred in preparation for the
hearing and for the hearing itself, and costs incurred for all inspections or reinspections necessary
to enforce the compliance order.
17.10.140 Abatement_by_Administrative Abatement Officer. If the nuisance related
condition or activity is not completely abated in the manner and within the time set forth in the
"Notice of Abatement" or order of the Administrative Abatement Officer, then the Administrative
Abatement Officer, in addition to the imposition of administrative costs or penalties, may cause
the nuisance to be abated by City employees or a private contractor. The costs of the abatement
shall be assessed to the responsible party and shall reflect the actual cost incurred by the City in
effecting the abatement.
17.10.150 Record of Administrative Penalties and Costs; Cost of Abatement
Hearing ..
A. The Administrative Abatement Officer shall keep an itemized account of any
administrative penalty or administrative cost assessed as well as the cost incurred by the City in
abating a nuisance. The Administrative Abatement Officer shall also give written notice to the
responsible party or parties of any such penalty or costs assessed, together with a notice of time
and place when a hearing will be held by a hearing officer appointed by the City Administrator to
determine the appropriateness of the penalties and/or costs assessed.
B. At the time fixed for the hearing concerning the appropriateness of the penalties
and/or costs assessed, the hearing officer shall hear and consider all relevant evidence, including,
but not limited to, testimony from the person assessed, City personnel or other interested parties,
and may consider staff reports or other written materials relative to the matter. Proof of the
appropriateness of the costs or penalties assessed must be by a preponderance of the evidence and
the City shall have the burden of proof on this issue. At the conclusion of the hearing, the hearing
officer shall confirm, revise, correct or modify the amount of the penalties or costs assessed. The
decision of the hearing officer shall be final and conclusive, and the responsible party or parties
shall be notified in writing of the hearing officer's determination.
17.10.160 Expenses and Administrative Penalties and Costs Shall be a Lien Against the
Property. If the responsible party does not pay the administrative penalties, administrative costs
or the expense of abating the nuisance within ten days after the hearing officer confirms the
administrative penalty, administrative costs or costs of abatement, the costs and penalties shall
become a lien against the real property upon which the nuisance was abated. The lien shall
continue until it is paid, together with interest at the legal rate per year computed from the date of
confirmation of the costs or penalties until payment. The lien may be collected at the same time
and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same
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same penalties and the same procedures and sale in case of delinquency as provided for ordinary
municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply
to this lien.
17.10.170 Notice of Lien. The City shall file in the office of the county recorder of Orange
County, California, a certificate substantially in the following form:
NOTICE OF LIEN
Under the authority of Government Code Sections 38773.5 and 53069.4,
as well as Chapter 17.10 of the Huntington Beach Municipal Code, the
City of Huntington Beach did on 19 , abate a nuisance upon
the real property hereafter described and also on , 19 did
impose the cost of the abatement and administrative costs and penalties
upon the real property. The City of Huntington Beach claims a lien for
costs/charges on the real property for the expense of doing the work in
the amount of $ and for the amount of $ for administrative
costs and $ for administrative penalties, for a total amount of
$ This amount is a lien against the real property until it is paid,
with interest at the legal rate per year from , 19_ (insert date of
confirmation of statement), and discharged and recorded. The real
property referred to above, and upon which the lien is claimed is that
certain parcel of land situated within the City of Huntington Beach,
County of Orange, State of California, commonly known as
more particularly described
as follows:
Dated: , 19
City of Huntington Beach
By:
17.10.180 Alternative Method of Collection. Administrative penalties, administrative
costs and the cost of abatement incurred by the City are a personal debt and obligation owed to
the City and, in addition to any other means of enforcement,the City Attorney is authorized to
bring an action on behalf of the City against the responsible party or parties for collection of -
administrative penalties, administrative costs or for the collection of the expense of abatement in
any court of competent jurisdiction.
17.10.190 Right of Judicial Review. A person contesting a final administrative order or
decision of the Administrative Abatement Officer regarding the imposition, enforcement or
collection of the administrative fines or penalties provided for in this chapter may, within twenty
days after service of the final administrative order or decision, seek review by filing an appeal to
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be heard by the municipal court in accordance with the provisions and procedures established by
California Government Code Section 53069.4.
17.10.200 Violations.
A. The owner or other person having charge or control of any such buildings or
premises who maintains any public nuisance defined in this chapter, or who violates any notice
of abatement served as provided in section 17.10.100, is guilty of a MISDEMEANOR.
B. Any occupant or lessee in possession of any such building or structure who fails
to vacate said building or structure in accordance with a notice given as provided in this chapter
is guilty of a MISDEMEANOR.
C. Any person who obstructs, impedes or interferes with any representative of the
City Council or with any representative of a City department or with any person who owns or
holds any estate or interest in a building which has been ordered to be vacated, repaired,
rehabilitated, or demolished or with any person to whom any such building has been lawfully
sold pursuant to the provisions of this chapter when any of the aforementioned individuals are
lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a
MISDEMEANOR.
17.10.210 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney
from commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 17th day of February , 1998.
ATTEST:
•
APPROVED S TO FORM:
City Clerk _
REVIEWED AND APPROVED ity Attorney
g
1
e: 2 ty INITIATED AND APPROVED:
City Adiftfinistrator
Director of Com ity Development
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Ord. No.3386
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-off cio 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 seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 2nd_of February, 1998, and was again read to
said City Council at a regular meeting thereof held on the 17th of Februa 1998,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this -
ordinance has been published in the Independent on
,19
In accordance with the City Charter of said City City Clerk and ex-offici�rk
onnie Brockwa Qfty Clerk of the City Council of the City
DeppU Ci1y Clerk of Huntington Beach, California
Glordinanclordbkpg
2/19/98