HomeMy WebLinkAboutOrdinances 3548-3549-3550-3551-3552 - Establishing the Depar (2) T
{ o
h
QC.� r Ord. Flo. 35�e J- _
J�
1081 �
je CITY OF HUNTINGTON BEACH i�fAY i ;_, 3: 51
Inter-Department Communication \�
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: May 14, 2002
SUBJECT: Ordinance No. 3548
I has been brought to my attention that an incorrect version of the legislative draft accompanied
Ordinance No. 3548, which revised chapter 2.32 This ordinance was adopted by the City
Council on April 1, 2002. Please replace the incorrect legislative draft with the legislative draft
attached to this memo. This mistake is minor in nature and resulted from clerical error. I
apologize for any inconvenience this has caused in your record keeping process.
Thank you.
GAIL HUTTON,
City Attorney
/K
Attachment: as above
Z�Z2
jmp/Icorresil0
ORDINANCE NO.
Chapter 2.32
DEPARTMENT OF COMMUNITY D Armor nnt\R>v NT- BUILDING AND SAFETY
(652-11/56, 1814-3/73,2217-10/77,2330-1179,3222-1/94,3392-5/98)
Sections:
2.32.010 Department established
2.32.020 Director—Appointment
2.32.030 DiTeeter—Pe sand duc Objectives
2.32.040 Director--Powers and Duties
2.32.050 Appointment of Subordinates
2.32.010 Department established. There is hereby created the Department of Cemmunit:y
Develepment Building an afety of the City of Huntington Beach. (652-11/56,2330-1/79)
2.32.020 Director—Appointment. The Director of Cenffnunity Deveiepment Building &
Safety shall be the head of the department and such director shall be appointed by the City
Administrator, subject to approval by a majority vote of the full City Council. (652-11/56, 181a-
3/73,2330-1/79,3220-1/94)
2.32.030 D;reete;r—Powers-and duties. Objectives
(a) The Dir-eeter-ef Gemmunity Development shall be responsible fer-the administration and
(1) Huntington Deaeh Building Cede (Chapter- 1^7 n )
J Housing .
L2\ 3.4eying of Buildings (Chapter
•—
L6\ Trailer Padre• (Chapter- 17.36)
(( 7) Hunt'Ygte 'Re.a Code f. Abatement ofD»:j°zo». Buildings (Chapter- 7)
ro\ __Huntington Bearsh Me,.1,.,..ieal Cede (Chapter- 17.40)
(1 m Huntington Beae Plumbing Code (Chapter- 1.7.44)
(1 1) Huntington Beach nil Cede (Title 1 e)
i17 2) Standing Minter l,.enees (Chapter-8.32)
t=
J laws J
Zoning regulations J
1egisdrft/mc232 LD/5/1/02 1
!17) State ,1 le 1 ..t t r x l.,t
�r�-Totucc-a�cr¢zv car-cirv'm�'csr � �� "7rs
(b) In addition to the J b,
the Difeeter-of Community Development shall per-fefffl ethe
aets or- duties, not ineensistent v.4th the City GhaFter-, as may be r-equir-ed by the City Ce.uneil
p Cede, >
adopted by
development, planning, and 0 ent.,l feseur-ees „miller-the dir-eeter-s ef-S ,..1,
ila44 343 2247-+047 2330_479 3229 4i94)
(a) Administer and enforce state and local construction regulations
to protect the health and safety of the community.
(b) Utilize automation to improve the access to information and
services.
(c) Provide plan review and inspection services in a professional,
flexible and equitable manner.
(d) Perform such other related duties as shall be required by law,
ordinance or the City Administrator.
2.32.040 Director--Powers and Duties.
(a) The Director of Building & Safety shall be responsible for the
administration and enforcement of appropriate sections of Title 17
of the Huntington Beach Municipal Code.
(b) In addition to the foregoing, the Director of Building & Safety shall
perform other acts or duties, not inconsistent with1he City
Charter, as may be required by the City Council or the laws of the
state of California.
(c) Whenever in this code the Huntington Beach Ordinance Code, or
any resolution, adopted by the City Council, reference is made to
the Department of Building & Safety and/or the directors of such
departments, such references shall mean the Department of
Building & Safety and the Director of Building & Safety.
2.32.050 Appointment of Subordinates. The director, with the
approval OT the 'i y Ailministrator, s a appoint all other officers,
assistants, deputies and employees of the Department of Building &
Safety.
Iegisdrfdmc232LD/5/1/02 2
Huntington Beach Municipal Code 2.32.010-2.32.050
Chapter 2.32
DEPARTMENT OF BUILDING AND SAFETY
(652-11/56, 1814-3/73,2217-10177,2330-1/79,3222-1/94, 3392-5/98,3548-5/02)
Sections:
2.32.010 Department established
2.32.020 Director--Appointment
2.32.030 Objectives
2.32.040 Director--Powers and Duties
2.32.050 Appointment of Subordinates
2.32.010 Department established. There is hereby created the Department of Building and
Safety of the City of Huntington Beach. (652-11/56,2330-1/79,3548-5/02)
2.32.020 Director—Appointment. The Director of Building & Safety shall be the head of the
department and such director shall be appointed by the City Administrator, subject to approval by
a majority vote of the full City Council. (652-11/56, 1814-3/73,2330-1/79,3220-1/94,3548-5/02)
2.32.030 Obiectives.
(a) Administer and enforce state and local construction regulations to protect the health and
safety of the community. (3548-5/02)
(b) Utilize automation to improve the access to information and services. (3548-5/02)
(c) Provide plan review and inspection services in a professional, flexible and equitable
manner. (3548-5/02)
(d) Perform such other related duties as shall be required by law, ordinance or the City
Administrator. (3548-5/02)
2.32.040 Director—Powers and Duties.
(a) The Director of Building& Safety shall be responsible for the administration and
enforcement of appropriate sections of Title 17 of the Huntington Beach Municipal Code.
(3548-5/02)
(b) In addition to the foregoing,the Director of Building& Safety shall perform other acts or
duties,not inconsistent with the City Charter, as may be required by the City Council or
the laws of the state of California. (3548-5/02)
(c) Whenever in this code,the Huntington Beach Ordinance Code,or any resolution, adopted
by the City Council,reference is made to the Department of Building& Safety and/or the
directors of such departments,such references shall mean the Department of Building&
Safety and the Director of Building&Safety. (3548-5/02)
2.32.050 Appointment of Subordinates. The director,with the approval of the City
Administrator,shall appoint all other officers,assistants,deputies and employees of the
Department of Building& Safety. (3548-5/02)
5102
CITY OF HUNTINGTON BEACh oq,� " D_`6�1r1nn►�
MEETING DATE: March 18, 2002 DEPARTMENT ID UMBER: BD 20 2-2
i
Council/Agency Meeting Held: M- )8-02
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied _
Of. 3S46 3541 3 5 D*4'Cit Clerk's i ature
olkiMeetl g Date: 0 March 18, 2002 Department ID Number: BD 2002-2
35 ) S a) , z 0-a
CITY OF HUNTINGTON BEACH o c
o �.
REQUEST FOR COUNCIL ACTION zzz
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS-j �r>:
SUBMITTED BY: RAY SILVER, City Administrator6Ze?J
PREPARED BY: Ross Cranmer, Director of Building & Sa ty C.)
Howard Zelefsky, Director of Planning
SUBJECT: Adopt Ordinance Nos. 35y8, 3.S 49 � 3.1Sa1. 35-5X,, relating
to the Departments of Planning and Building & Safety
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for City Council's consideration is a request to amend Chapter 2.32 of the City of
Huntington Beach Municipal Code (HBMC) by replacing the Department of Community
Development with the Department of Building and Safety, and formally establish the
Department of Planning under Chapter 2.33, and amend other associated Ordinances to
conform with existing departmental responsibilities.
Funding Source: Not Applicable
Recommended Action:
Motion to:
1. "Adopt Ordinance No.3SLA amending Chapter 2.32 of the Huntington Beach
Municipal Code relating to the Department of Building & Safety."
2. "Adopt Ordinance No.-RSV , amending Chapter 8.32 of the Huntington Beach
Municipal Code relating to Standing Water."
BD2002-2 Change Dept. Name -9- 3/6/02 2:45 PM
1
RtQUEST FOR COUNCIL ACTIkA
MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: BD 2002-2
3. "Adopt Ordinance No. 3.53d, adding Chapter 2.33 of the Huntington Beach Municipal
Code relating to the Department of Planning."
4. "Adopt Ordinance No.-?,,ES , amending Chapter 8.36 of the Huntington Beach
Municipal Code relating to Rubbish and retitling of Department Director."
5. Adopt Ordinance No. 3-5" , amending Chapter 8.48 of the Huntington Beach
Municipal Code relating to Inoperable Vehicles."
Alternative Action(s):
The City Council may make the following alternative motion:
1. "Do not approve the Ordinances"
Analysis:
The Department of Community Development, which was established pursuant to HBMC
Chapter 2.32, was reorganized into the Departments of Building and Safety and Planning. At
the time of reorganization, HBMC Chapter 2.32 was not revised.
The attached Ordinances update titles and duties to conform with current department duties
and responsibilities. Chapter 2.32 reflects the establishment of the Department of Building
and Safety and defines modifications to the powers and duties, objectives, and appointment
of subordinates' sections (Attachment 1). This proposed change necessitates minor changes
to HBMC Chapter 8.32, Standing Water, to describe the responsible department (Attachment
2).
A new Chapter 2.33 has been added that formally establishes the Department of Planning
and defines the powers and duties, objectives, and appointment of subordinates' sections
(Attachment 3). This new Ordinance necessitates the need for minor modifications to HBMC
Chapter 8.36, Rubbish (Attachment 4), and Chapter 8.48 Inoperable Vehicles (Attachment
5), to describe the responsible department.
Environmental Status: Not applicable
Attachment(s):
City Clerk's
Page Number . Description
1. Ordinance No.3SY8 and Legislative Draft amending Chapter 2.32 of
the Huntington Beach Municipal Code relating to the Department of
Building & Safety
2 Ordinance No;3S`f'f and Legislative Draft amending Chapter 8.32 of
the Huntington Beach Municipal Code relating to Standing Water
BD2002-2 Change Dept. Name.doc -j= 3/7/2002 9:31 AM
.z
REQUEST FOR COUNCIL ACTIN
MEETING DATE: March 18, 2002 DEPARTMENT ID NUMBER: BD 2002-2
3. Ordinance No> 356 and Legislative Draft adding Chapter 2.33 of the
Huntington Beach Municipal Code relating to the Department of
Planning
4 Ordinance No.:3-55/ and Legislative Draft amending Chapter 8.36 of
the Huntington Beach Municipal Code relating to Rubbish and Trash
5. Ordinance No. 3,552- and Legislative Draft amending Chapter 8.48 of
the Huntington Beach Munici al Code relating to Inoperable Vehicles
RCA Author: Richards& Bankey
BD2002-2 Change Dept. Name -4- 3/6/02 4:50 PM
W 0"-oz
3. INDEPENDENT s a 0440i
PUBLISH DATE: 04-11-02
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
Ordinance Nos. 3548-3552
Adopted by the City Council on April 1, 2002
ORDINANCE NO. 3548
An Ordinance of the City of Huntington Beach Amending Chapter 2.32 of the
Huntington Beach Municipal Code Relating to the Department of Building and Safety
ORDINANCE NO. 3549
An Ordinance of the City of Huntington Beach Amending Chapter 8.32 of the
Huntington Beach Municipal Code Relating to Standing Water
ORDINANCE NO. 3550
An Ordinance of the City of Huntington Beach Amending the Huntington Beach
Municipal Code by Adding Chapter 2.33 Relating to the Department of Planning
ORDINANCE NO. 3551
An Ordinance of the City of Huntington Beach Amending Chapter 8.36 of the
Huntington Beach Municipal Code Relating to Rubbish and the Retitling of
Department Director
ORDINANCE NO. 3552
An Ordinance of the City of Huntington Beach Amending Chapter 8.48 of the
Huntington Beach Municipal Code Relating to Inoperable Vehicles
SYNOPSIS:
Ordinance Nos. 3548-3552 updates titles and duties to conform to current department duties and
responsibilities. Ordinance No. 3548 amends HBMC Chapter 2.32, retitled Department of Building
and Safety, to reflect the establishment of the Department of Building and Safety and defines
modifications to the powers and duties, objectives, and appointment of subordinates'sections. The
amendments brought about by the adoption of Ordinance No. 3548 necessitate minor changes to
HBMC Chapter 8.32, Standing Water, to describe the responsible department. Such minor changes
are addressed with the adoption of Ordinance No. 3549.
Ordinance No. 3550 formally establishes the Department of Planning by adding HBMC Chapter 2.33,
Department of Planning, and defines the powers and duties, objectives, and appointment of
subordinates' sections. The addition of Chapter 2.33 necessitates the need for minor changes to
HBMC Chapter 8.36, Rubbish, and Chapter 8.48, Inoperable Vehicles, to describe the responsible
department. Such minor changes are addressed with the adoption of Ordinance Nos. 3551 and 3552.
THE FULL TEXT OF THESE ORDINANCES ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
Monday, April 1, 2002, by the following roll call vote:
g Asynopsis\Syn3548-3552
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
These ordinances are effective 30 days from date of adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g Asyn opsis\Syn 3548-3552
ATTACHMENT ILI
ORDINANCE NO. 3548
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.32 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE DEPARTMENT OF BUILDING AND SAFETY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.32.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 2.32
DEPARTMENT OF BUILDING AND SAFETY
Sections:
2.32.010 Department established
2.32.020 Director—Appointment
2.32.030 Objectives
2.32.040 Director—Powers and Duties
2.32.050 Appointment of Subordinates
2.32.010 Department established. There is hereby created the Department of Building
and Safety of the City of Huntington Beach.
SECTION 2. Section 2.32.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.32.020 Director--Appointment. The Director of Building & Safety shall be the head of
the department and such director shall be appointed by the City Administrator, subject to
approval by a majority vote of the full City Council.
SECTION 3. Section 2.32.030 is hereby amended to read as follows:
2.32.030 Objectives
(a) Administer and enforce state and local construction regulations to protect the
health and safety of the community.
(b) Utilize automation to improve the access to information and services.
(c) Provide plan review and inspection services in a professional, flexible and
equitable manner.
(d) Perform such other related duties as shall be required by law, ordinance or the
City Administrator.
02ord/chap232/3/7/02 1
Ord. No. 3548
SECTION 4. Section 2.32.040 is hereby added to the Huntington Beach Municipal
Code, said section to read as follows:
2.32.040 Director--Powers and Duties.
(a) The Director of Building & Safety shall be responsible for the administration and
enforcement of appropriate sections of Title 17 of the Huntington Beach Municipal
Code.
(b) In addition to the foregoing, the Director of Building & Safety shall perform other
acts or duties, not inconsistent with the City Charter, as may be required by the City
Council or the laws of the state of California.
(c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted
by the City Council, reference is made to the Department of Building & Safety and/or the
directors of such departments, such references shall mean the Department of Building&
Safety and the Director of Building & Safety.
SECTION 5. Section 2.32.050 is hereby added to the Huntington Beach Municipal
Code said section to read as follows:
2.32.050 Appointment of Subordinates. The director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Department of Building & Safety.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of April , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
dx� � e--f-
City Clerk 6y4 v City Attorney z oz
INITIATED AND APPROVED:
REVIEWED AND APPROVED: ,7
Q,-14 aX� Director of & Safety
City A inistrator
02ord/chap232/3/6/02 2
Ord. No. 3548
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-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 seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of March, 2002, and was again read to said City
Council at a re ular meeting thereof held on the 1 st day of April, 2002, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Green, Dettloff,Bauer, Cook,Houchen, Winchell, Boardman
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
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Deputv City clerk of Huntington Beach, California
ORDINANCE NO. � S
LEGISLATIVE DRAFT
Chapter 2.32
DEPARTMENT OF BUILDING & SAFETY
(652-11/56, 1814-3/73,2217-10/77,2330-1/79, 3222-1/94, 3392-5/98)
Sections:
2.32.010 Department established
2.32.020 Director—Appointment
2.33gf-t® n Qra=ffild
2.32.030 Objectives
2.32.040 Powers and Duties
2.32.050 Appointment of Subordinates
2.32.010 Department established. There is hereby created the Department of
Buildffig and Safety of the City of Huntington Beach.
(652-11/56,2330-1/79)
2.32.020 Director--Appointment. The Director of
u I Ing & Safety shall be the head of the department and such director shall be
appointed by the City Administrator, subject to approval by a majority vote of the full
City Council. (652-11/56, 1814-3/73,2330-1/79, 3220-1/94)
2,32,030 Direetor nd a,.*:e
lHo
1egisdrft/mc232LD/2/11/02 1
«one Gi9o)
duties, Git >
> Godo,adopted by V.-
> Plaming,
2.32.030 Obiectives
(a) Ensure that proposed development within the City conforms
to all applicable laws and regulations embodied in state and
local codes.
(b) Enforcment of adopted building codes.
(c) Assures that contractors or homeowners properly follow the
approved construction plans or standards.
(d) Issues permits, collects fees and the maintains all permit
records.
(e) Reviews and approves building plans and calculations
including plumbing, mechanical and electrical systems to
protect the health and safety of the general public.
2.32.040 Director--Powers and Duties.
(a) The Director of Building & Safety shall be responsible for the
administration and enforcement of appropriate sections of
Title 17 of the Huntington Beach Municiapl Code.
(b) In addition to the foregoing, the Director of Building & Safety
shall perform other acts or duties, not inconsistent with the
1egisdrft/mc232LD/2/11/02 2
City Charter, as may be required by the City Council or the
laws of the state of California.
(c) Whenever in this code, the Huntington Beach Ordinance
Code, or any resolution, adopted by the City Council,
reference is made to the Department of Building & Safety
and/or the directors of such departments, such references
shall mean the Department of building & Safety and the
Director of Building & Safety
2.32.050 Appointment of Subordinates. The director, with
fffq7—approvai ofthe Uty ACIMinistrator, s a appoint all other
officers, assistants, deputies and employees of the Department
of Building & Safety.
legisdrft/mc232LD/2/11/02 3
ATTACHMENT 2
ORDINANCE NO. 3549
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.32 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO STANDING WATER
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.32.010 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
8.32.010 Nuisance--Abate or fence in. Every person in possession of land within the city, either as
owner, purchaser under a contract, lessee, tenant or licensee, upon which is other means, which standing
water shall, in the opinion of the Director of Building and Safety,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, 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. Section 8.32.020 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
8.32.020 Notice--Compliance. The Building& Safety Director, or designee, shall give notice of the
standing water to the person or persons in possession thereof and require them to comply within thirty
(30) days.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 1st day of April , 2002.
X" &4k,.-
Mayor
ATTE T: APPROVED AS TO FORM:
City C 4eity Attorney
INITIATED AND APPROVED:
REVIEWED AND APPROVED: �,
R
Director of Building and Safety
C�ministrator
02ord/chap 832/2/11/02
Ord. No. 3549
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-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 seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of March,2002, and was again read to said City
Council at a regular meeting thereof held on the 1 st day of April, 2002, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
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
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City .
Deputy City clerk of Huntington Beach, California
Ordinance No. 3 S`'1
LEGISLATIVE DRAFT
Chapter 8.32
STANDING WATER
(1233-7/66, 2017-12/75, 2106-9/76)
Sections:
8.32.010 Nuisance--Abate or fence in
8.32.020 Notice--Compliance
8.32.030 Violation
8.32.010 Nuisance--Abate or fence in. Every person in possession of land within the city,
either as owner, purchaser under a contract, lessee, tenant or licensee, upon which is other
means, which standing water shall, in the opinion of the Director of
Deveiepment Building and Safety, 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 guardfailspeeified in seetion 1716 ofthe Huntington
Beaeh Building Go 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. (1233-7/66,
2017-12/75, 2106-9/76)
8.32.020 Notice--Compliance. The Building & Safety
Director, or designee, shall give notice of the standing water to the person or persons
in possession thereof and require them to comply within thirty(30) days and if there
not eempl �2ee said fnEer--shall-Eucsci crtatai vrrvr cvmplaint to be sJaed. (1233-7/66)
8.32.030 Violation. Violation of this chapter shall be punishable as a MISDEMEANOR.
9/76
Ieeisdrli;mc2i32 L.f�l2%I 1;02
ATTACHMENT 3
ORDINANCE NO. 3550
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 2.33 RELATING TO THE
DEPARTMENT OF PLANNING
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 2.33 is hereby added to the Huntington Beach Municipal Code
said chapter to read as follows:
Chapter 2.33
DEPARTMENT OF PLANNING
Sections:
2.33.010 Department Established
2.33.020 Director--Appointment
2.33.030 Department Objectives
2.33.040 Director--Powers and duties
2.33.050 Appointment of Subordinates
2.33.010 Department established. There is hereby created the Department of Planning of the
City of Huntington Beach.
2.33.020 Director--Appointment. The Director of Planning shall be the head of the department
and such Director shall be appointed by the City Administrator, subject to approval by a
majority vote of the full City Council.
2.33.030 Department Objectives. The objectives of the Department shall be as follows:
(a) Provide long-range data analysis and comprehensive planning, including
statistical research, neighborhood planning and analysis, special projects, and
methods of implementing plans and programs;
(b) Administer ongoing and continuing planning and zoning functions, including
administration of zoning and subdivision ordinances;
(c) Provide services to developers and investors to assist in facilitating development
or to encourage new development in accordance with policies of the City
Council;
(d) Administer and enforce laws, ordinances, regulations and programs related to
housing, zoning and property maintenance;
(e) Provide staff services and support to the Planning Commission,Zoning
Administrator, Design Review Board, Environmental Board, Subdivision
02ord/chap 233/3/6/02 1
Ord. No. 3550
Committee, Environmental Assessment Committee, and other committees,
subcommittees, boards and commissions pertaining to planning; and
(f) Perform such other related duties as shall be required by law, ordinance or the
City Administrator.
2.33.040 Director--Powers and duties.
(a) The Director of Planning shall be responsible for the administration and
enforcement of appropriate sections of Titles 8, 15 and 17 of the Huntington
Beach Municipal Code, the City of Huntington Beach Zoning and Subdivision
Ordinance, and California Labor Code Section 6404.5 (smoking in closed places
of employment).
(b) In addition to the foregoing, the Director of Planning shall perform other acts or duties,
not inconsistent with the City Charter, as may be required by the City Council or the
laws of the state of California.
(c) Whenever in this code, the Huntington Beach, Zoning and Subdivision Ordinance or any
resolution, adopted by the City Council, reference is made to the Department of Planning
or the Director of such department, such references shall mean the Department of
Planning and the Director of Planning.
2.32.050 Appointment of Subordinates. The Director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Department of Planning.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of April , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
e&xl� f A— 0'
City Clerk *t.o-f City Attorney
/L J
IM D AND APPROVED:
REVIEWED AND APPROVED:
Planning Director
City Administrator
02ord/chap 233/2/27:02 2
Ord. No. 3550
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-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 seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of March,2002, and was again read to said City
Council at a regular meeting thereof held on the 1st day of April,2002, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
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
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway. City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
ATTACHMENT 4
ORDINANCE NO. 3551
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.36 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO RUBBISH AND THE RETITLING OF DEPARTMENT DIRECTOR
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.36.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.36.030 Removal--Notice--Compliance. It shall be the duty of the Director of Planning to notify
in the manner hereinafter provided, the occupant and owner of any real property in this city to
eradicate, remove and abate,within ten (10) days from the giving of such notice, any
accumulation of trash,junk, debris, rubbish or refuse from such real property, and that upon
failure to do so within such ten (10) days, this city will cause the trash,junk, debris, rubbish or
refuse to be removed and abated, and that the cost of such removal and abatement will be made a
special assessment against that property, to be collected at the same time and in the same manner
and subject to the same penalties as municipal taxes.
SECTION 2. Section 8.36.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.36.050 Removal--Delinquency--Hearin>;. At the date and time so set-bythe notice, if the
accumulation of trash,junk, debris, rubbish or refuse is not removed from the property, the
Director of Planning shall thereupon report the delinquency to the City Council with an estimate
of the probable cost of doing the work. Such matters shall be set for hearing before the City
Council and not less than ten(10) days notice of such hearing shall be given to the occupant and
owner of such real property in the manner provided by section 8.36.040.
SECTION 3. Section 8.36.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.36.060 Abatement by city--Work order. The City Council, after such public hearing, upon a
finding of the existence of debris, rubbish or refuse, shall order the Director of Planning to do
said work, at the expense of the owner of the property, and provide for temporary payment of the
same with city funds.
SECTION 4. Section 8.36.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.36.080 Abatement by city--Records kept. At the completion of the work, the Director of
Planning must prepare a statement of the proceedings, reciting the existence of the nuisance, the
description of the property, the names of the owners and occupants, if known, the giving of
02ord/chap 836/2/11/02 1
Ord. No. 3551
notices, the holding of the public hearing, the making of the order by the City Council, the doing
of the work and the cost thereof.
SECTION 5. Section 8.36.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.36.090 Abatement by city--Records filed. Such statement must be signed and verified by the
Director of Planning and filed with the City Council.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of April , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
City C ity Attorney
IlVITIATE APPROVED:
REVIEWED AND APPROVED:
G� 5� 66irector of Planning
City A ministrator
02ord/chap 836/2/11/02 2
Ord. No. 3551
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-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 seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of March, 2002, and was again read to said City
Council at a regular meeting thereof held on the 1st day of April, 2002, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
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
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, Qfty Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
Ordinance No. ASS
LEGISLATIVE DRAFT
Chapter 8.36
RUBBISH
(1668-9/71,2217-10/77,3084-12/90)
Sections:
8.36.010 Accumulation--Prohibited
8.36.020 Accumulation--Nuisance
8.36.030 Removal--Notice--Compliance
8.36.040 Removal--Notice--Service
8.36.050 Removal--Delinquency--Hearing
8.36.060 Abatement by city--Work order
8.36.070 Extension of time
8.36.080 Abatement by city--Records kept
8.36.090 Abatement by city--Records filed
8.36.100 Abatement by city--Costs become lien
8.36.110 Criminal prosecution
8.36.120 Permitting nuisance--Misdemeanor
8.36.130 Placing Commercial Handbills on Vehicles
8.36.140 Distribution on Uninhabited or Vacant Private Premises
8.36.150 Manner of Distribution
8.36.160 City Abatement--Handbills & Flyers
8.36.170 Presumptions
8.36.010 Accumulation--Prohibited. Every owner and occupant of real property shall keep said
property free of any accumulation of trash,junk, debris, rubbish or refuse. (1668-9/71)
8.36.020 Accumulation--Nuisance. Any accumulation of trash,junk, debris, rubbish or refuse on
any real property in this city, unless otherwise permitted by law, is declared to be a nuisance.
(1668-9/71)
8.36.030 Removal--Notice--Compliance. It shall be the duty of the Director of
Developm Planning to notify in the manner hereinafter provided, the occupant and owner
of any real property in this city to eradicate, remove and abate, within ten (10) days from the
giving of such notice, any accumulation of trash,junk, debris, rubbish or refuse from such real
property, and that upon failure to do so within such ten(10) days, this city will cause the trash,
junk, debris, rubbish or refuse to be removed and abated, and that the cost of such removal and
abatement will be made a special assessment against that property, to be collected at the same
time and in the same manner and subject to the same penalties as municipal taxes. (1668-9/71,
2217-10/77)
8.36.040 Removal--Notice--Service. Such notice shall be given in writing, by serving personally
upon any occupant and upon the owner of any real property, each a copy of such notice, directed
to the owner, or if the owner be a nonresident of the city, by serving any occupant personally,
and by mailing by registered mail, a like copy in writing to the owner at his last known address
legi s/mc0836-legis/2/11/02 I
as shown by the last assessment of the tax assessor of Orange County. If said address appears
thereon, or if no address appears thereon, the same shall be addressed to him at the city of
Huntington Beach, and if there be no such address or occupant,by posting a copy of the notice in
a conspicuous place, upon each lot or legal subdivision of the property, and serving a copy upon
the owner as hereinafter provided. (1668-9171)
8.36.050 Removal--Delinquency--Hearing. At the date and time so set by the notice, if the
accumulation of trash,junk, debris, rubbish or refuse is not removed from the property, the
Director of Community Developmen Planning shall thereupon report the delinquency to the
City Council
with an estimate of the probable cost of doing the work. Such matters shall be set for hearing
before the City Council and not less than ten (10) days notice of such hearing shall be given to
the occupant and owner of such real property in the manner provided by section 8.36.040. (1668-
9/71,2217-10/77)
8.36.060 Abatement by city--Work order. The City Council, after such public hearing, upon a
finding of the existence of debris, rubbish or refuse, shall order the Director of Community
Deyel^r r,o„* Planning to do said work, at the expense of the owner of the property, and
provide for temporary payment of the same with city funds. (1668-9/71,2217-10/77)
8.36.070 Extension of time. The City Council may, in its discretion, extend the time within
which the work must be done. (1668-9/71)
8.36.080 Abatement by city--Records kept. At the completion of the work, the Director of
!''.,,-,,,-,unity Development Planning must prepare a statement of the,proceedings, reciting the
existence of the nuisance, the description of the property, the names of the owners and
occupants, if known, the giving of notices, the holding of the public hearing, the making of the
order by the City Council, the doing of the work and the cost thereof. (1668-9/71, 2217-10/77)
8.36.090 Abatement by city--Records filed. Such statement must be signed and verified by the
Director of CommunityDevelopmefi Planning and filed with the City Council. (1668-9/71,
2217-10/77)
8.36.100 Abatement by city--Costs become lien. The City Council shall then assess such costs
against the parcel of land pursuant to section 38773.5 of the Government Code and shall cause
the amount of such costs and assessment to be transmitted to the tax collector for collection.
(1668-9/71)
8.36.110 Criminal prosecution. The collection of the cost of abatement shall not be a bar to
criminal prosecution for nuisance. (1668-9/71)
8.36.120 Permitting nuisance--Misdemeanor. Every occupant and owner of real property who
maintains, allows or permits any nuisance defined in this chapter after notice to abate as provided
in this chapter, is guilty of a separate MISDEMEANOR with respect to each day that the
nuisance continues, after said notice on each lot or parcel on which the nuisance shall exist.
(1668-9/71)
1egis/mc0836-1egis/2/11/02 2
8.36.130 Placing Commercial Handbills on Vehicles. No person shall affix to any vehicle, or
cause to be affixed to any vehicle, any notice, paper, placard, bill, poster, card, sticker, banner,
sign, advertisement, or other device designed to attract the attention of the public for the purpose
of advertising any merchandise, commodity, property, business, service, act or skill offered, sold
or rendered for hire, reward, price, trade or profit. (3084-12/90)
8.36.140 Distribution on Uninhabited or Vacant Private Premises. It is unlawful for any person
to distribute, deposit, place;throw, scatter or cast any handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant. (3084-12/90)
8.36.150 Manner of Distribution. No person shall distribute in or upon any private property any
advertising matter except in the following manner: (3084-12/90)
(a) By placing the same in a receptacle, clip, or other device designed or intended to receive
advertising matter, when such receptacle, clip, or other device has been erected in a
conspicuous place near the front door or front entrance or near the mailbox of any private
property; or(3084-12/90)
(b) If no such receptacle, clip, or other device has been erected as provided in this section,
then by handing the advertising matter to an occupant of the property, or placing the same
upon the porch or vestibule of a house or building on the private property, provided that,
in the latter case, the advertising matter is wrapped, tied, folded, or otherwise so prepared
or placed that it will not be blown loose by the winds and provided that a previous day's
distribution of advertising matter has been removed. (3084-12/90)
8.36.160 City Abatement Handbills &Fly The City Administrator, through his designee, may
remove or cause the removal of and properly discard any handbill placed in a manner prohibited
by this Section. The person responsible for the distribution of any such handbill shall be liable to
the City for the cost of removal thereof, in addition to any other penalty provided for by law.
(3084-12/90)
8.36.170 Presumptions. In any civil or criminal action filed against any person for violation of
this Chapter, proof that the handbill in question contains the name of or otherwise identifies such
person or such person's principal, agents, representative or employer shall constitute a rebuttable
presumption that the person so named or identified caused such handbill to be distributed in the
location from which it was removed. (3084-12/90)
legis/mc0836-legis/2/11/02 3
ATTACHMENT 5
ORDINANCE NO. 3552
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.48 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO INOPERABLE VEHICLES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.48.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.48.060 Enforcement. Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the Chief of Police or the Director of Planning. In
the enforcement of this chapter, such officers and their deputies may enter upon private or public
property to examine a vehicle or part thereof, or obtain information as to the identity of the
vehicle and to remove or cause removal of a vehicle or part thereof declared to be a nuisance
pursuant to this chapter.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of April , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk /-+—City Attorney
INIT D AND APPROVED:
REVIEWED AND APPROVED:
�� ��. Director of Planning
City A ministrator
02ord/chap 8.48/2/11/02
Ord. No. 3552
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-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 seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of March, 2002, and was again read to said City
Council at a regular meeting thereof held on the 1st day of April,2002, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
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 "—
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway,City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
Ordinance No. 3 5S�z
LEGISLATIVE DRAFT
Chapter 8.48
INOPERABLE VEIIICL.,ES
(1393-3/68, 1449-10/68, 1935-11/74, 2217-10177)
Sections:
8.48.010 Intent and purpose
8,48.020 Definitions
8.48.030 Applicability
8.48.040 Nuisance not authorized
8.48.050 Chapter not exclusive regulation
8.48.060 Enforcement
8.48,070 Removal--Contracts or franchises
8.48.080 Administrative costs
8.48.090 Abatement--Hearin
8.48.100 Hearing--Notice to highway patrol
8.48.1 l0 Nearing--Facts and testimony
8.48.120 Abatement--Council action
8.48.130 Landowner not assessed
8.48.140 Decision notice to interested party
8.48.150 Order to remove
8.48.160 Removal--Motor Vehicle Department notified
8.48.170 Renioval--Costs--Lien
8.48.180 Violation--Abandonment
8.48.190 Violation--Failure to remove
8.48.010 Intent and purpose. The intent and purpose of this chapter is to accomplish the
removal of inoperable vehicles from public and private properties throughout the city of
Huntington Beach, except as specified in section 8.48.030. (1393-3/68)
8.48.020 Definitions. For the purpose of this chapter, the following words and phrases
shall have the meanings hereafter set forth unless a different meaning is clearly intended
from the context in which such word or phrase is used. Any word or phrase not herein
defined shall have the meaning attributed to it in ordinary usage:
(a) "Highway" means a way or place of whatever nature publicly maintained and open to
the use of the public for purposes of vehicular travel. Highway includes street.
(b) "Inoperable vehicle" means any vehicle which does not qualify to be operated upon a
highway under the Vehicle Code of the state of California.
(c) "Public property" does not include highway.
legisdrAinic0848 ID 2111/02 1
(d) "Vehicle" means a device by which any person or property may be propelled, moved
or drawn upon a highway except a device moved by hUnIan power or used exclusively
upon stationary rails or tracks. (1393-3/68, 1449-10i68)
8.48.030 Applicability. This chapter shall not apply to:
(a) A vehicle or part thereof which is completely enclosed in a building in a lawful
manner where it is not visible from the street or other public or private property; or
(b) A vehicle or part thereof which is stored or parked in a lawful manner oat private
property in connection with the business of a licensed dismantler, licensed vehicle dealer,
a junk dealer or when such storage or parking is necessary to the operation of a lawfully
conducted business or commercial enterprise. (1393-3/68)
8.48.040 Nuisance not authorized. Nothing in this section shall authorize the maintenance
of a public or private nuisance as defined under provisions of law other than Chapter 10,
commencing with section 22650, of Division 1 1 of the Vehicle Code and this chapter.
(1393-3168)
8.48.050 Chapter not exclusive regulation. This chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall
supplement and be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the city, the state, or any other legal entity or agency
lhaving_jurisdiction. (1391-3%68)
8.48.060 Enforcement. Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the Chiefof Police or the dDirector of
pP'lanning. In the enforcement of this chapter, such officers and their deputies may enter
upon private or public property to examine a vehicle or part thereof, or obtain
information as to the identity of the vehicle and to remove or cause removal of a vehicle
or part thereof declared to be a nuisance pursuant to this chapter. (1393-3/68, 1449-10/68,
2217-10/77)
8.48.070 Removal--Contracts or franchises. When the City Council has contracted with
or granted a franchise to any person or persons, such person or persons shall be
authorized to enter upon private property or public property to remove or cause the
removal of a vehicle or parts thereof'declared to be a. nuisance pursuant to this chapter.
(1393-3/68)
8.48.080 Administrative costs. The City Council shall ti-om time to time detennine and
fix an amount to be assessed as administrative costs (excluding the actual costs of
removal of any vehicle or part thereof) under this chapter. (1393-3168)
8.48.090 Abatement--I-fearing. A public hearing shall be held on the question of
abatement and removal of the vehicle or part thereof as an abandoned, wrecked,
dismantled or inoperative vehicle and the assessment of the administrative costs and the
cost of removal of the vehicle or part thereof against the property on which it is located.
Notice of hearing shall be mailed at least ten days before the hearing by certified mail,
with a five-day return requested to the owner ofthe land as shown on the last equalized
assessment roll and to the last registered and legal owner of record unless the vehicle is in
such condition that identification numbers are not available to determine ownership. If
any of the foregoing notices are returned undelivered by the United States post office, the
hcaring shall be continued to a date not less than ten days from the date of'such return.
(1393-3/68)
8.48.100 Hearing--Notice to Highway Patrol. Notice of hearing shall also be given to the
California highway patrol identifying the vehicle or part thereof proposed for removal,
such notice to be mailed at least ten days prior to the public hearing. (1393-3%68)
8.48.110 Hearing--Facts and testimony. All hearings tinder this chapter shall be held
before the City Council which shall hear all facts and testimony it deems pertinent. Said
facts and testimony may include testimony on the condition of the vehicle or part thereof
and the circumstances concerning its location on the private property or public property.
The City Council shall not be limited by the technical rules of evidence. The owner of the
land on which the vehicle is located may appear in person, or through an agent, at the
hearing or present a written statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his reasons for such denial.
(1393-3/68)
8.48.120 Abatement--Council action. The City Council may impose such conditions and
take such other action as it deems appropriate finder-the circumstances to carry out the
purpose of this chapter. It may delay the time for removal of the vehicle or part thereof if,
in its opinion, the circumstances justify it. At the conclusion of the public hearing, the
City Council may lind that a vehicle or part thereof has been abandoned, wrecked,
dismantled or is inoperative on private or public property and order the same removed
from the property as a public nuisance and disposed of as hereinafter provided and
determine the administrative costs and the cost of removal to be charged against the
owner of the parcel of land on which the vehicle or part thereof is located. The order
requiring removal shall include a description of the vehicle or part thereof and the correct
identification number and license number of the vehicle, if available at the site. (1393-
3/68)
8.48.130 Landowner not assessed. If it is determined at the hearing that the vehicle was
placed on the land without the consent of the landowner and that he has not subsequently
acquiesced in its presence, the City Council shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or otherwise
attempt to collect such costs from such landowner. (1393-3/68)
8.48.140 Decision notice to interested party. If an interested party makes a written
presentation to the City Council but does not appear, he shall be notified in writing of the
decision. (1393-3/68)
8.48.150 Order to remove. Five (5) days after issuance of the order declaring the vehicle
or parts thereof to be a public nuisance and five (5) days Born the date of mailing of
notice of the decision as required by this chapter, the vehicles or parts thereof may be
disposed of by removal to a scrapyard or automobile dismantle.r's yard. After a vehicle
has been removed it shall not thereafter be reconstructed or made operable. (1393-368)
8.48.160 Removal--:Motor Vehicle Department notified. Within five (5) days after the
date of removal of the vehicle or part thereof, notice shall be given to the Department. of
Motor Vehicles identifying the vehicle or part thereof removed. At the same time there
shall be transmitted to the Department of Motor Vehicles any evidence of registration
available, including registration certificates, certificates of title and license plates. (1393-
3,68)
8.48.170 Removal--Costs--Lien. if the administrative costs and the cost of removal which
are charged against the owner of a parcel of land pursuant to this chapter are not paid
within thirty(30) days of the date of the order, or the final disposition of an appeal
therefrom, such costs shall be assessed against the parcel of land pursuant to section
38773.5 of the Government Code and shall be transmitted to the tax collector for
collection. The assessment shall have the same priority as other city taxes. (1393-3/68)
8.48.180 Viol ation--Abandomncnt. It is unlawful and an INFRACTION for any person to
abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of
any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked,
dismantled or inoperative condition upon any private property or public property not
including highways within the city for a period in excess of ten (10) days unless such
vehicle or part thereof is completely enclosed within a building in a lawful manner where
it is not plainly visible from the street or other public or private property, or unless such
vehicle is stored or parked in a lawful manricr on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer or a jwlkyard. (1393-3/68,
1935-11/74)
8.48.190 Violation—Fail n-e to remove. It is LuIlawful and an INFRACTION for ally
person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or part thereof or refused to abate such nuisance when ordered to do so in
accordance with the abatement provisions of this chapter or state law where such law is
applicable. (1393-3/68, 1935-11/74)
10/77
teeisdrit;mcO8 t8 LD/21/!1:v2 4
RCA ROUTING SHEET
INITIATING DEPARTMENT: DEPARTMENTS OF BUILDING AND SAFETY
AND PLANNING
SUBJECT: APPROVE MODIFICATION TO THE CITY OF
HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 2.32
AND ESTABLISHMENT OF CHAPTER 2.33
COUNCIL MEETING DATE: I March 18, 2002
RCA ATTAC H M E NTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases,Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbudget, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable Not Applicable
Commission, Board or Committee Report If applicable Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable__
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff /U
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXP NAT FO ETURN OF ITEM:
�G3
(Below
• . For Only)