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Municipal Code Changes 12/4/1975
HU"�;NGTON BEACH MUNICIPAL CODE CHA? --�,S (Updated 12/1/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE C-33 C-33 i. C-35 C-35 r 37 37 213 213 215 215 395 395 . HUNTINGTON BEACH ORDINANCE CODE CHANGES S. 9730.6.1 S. 9730.6.1 S. 9730.15 (f) S. 9730.16 (Effective 12/4/75) claim accrued. The Director of Finance- shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the City .Treasurer therefor, payable out of ..the proper fund. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. The Director of Finance shall transmit such demand, =with his approval or rejec- tion thereof .endorsed thereon, and warrant , if any , to the City Administrator. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Administrator before payment; otherwise it shall require the the approval of the City Council , following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Administrator to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, shall approve or reject the demand in whole or in part. Section 1217. ACTIONS AGAINST CITY . No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which this Charter or .the general law requires a claim to be presented, until a claim or demand for the- same has been presented as in -�' this Charter provided and s»nh claim and de -:ind has been re- jected in whole or in part. if rejected in part suit may be.-,, brought to recover the whole . Failure to complet( �action ap- proving or rejecting any claim or demand within forty-five days a, from the day the same is presented shall be deemed a rejec- tion thereof. Section 1218. REGISTERING WARRANTS .' Warrants on the City Treasurer which are not paid for lack of funds shall be regis- tered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. Section 1219 . INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall , at such time or times as may be specified by the City Council,, at least annually, and .at such other times as he shall determine , examine the books , records , inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such .other officers , employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy c-33 r thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and City Attor- ney , respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 1220 . SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless autho- rized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at a general or special election at which such proposition is submitted. Section 1221. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative votes of a majority of the electors voting on a proposition submitted to the electors to authorize such a tax 'at a general or special election. Any ordinance heretofore adopted by the City Council levying a tax on the transfer or conveyance of any interest in real property prior 'to the effective date of this amendment shall be of no ;;urther force and effect . ARTICLE XIII ELECTIONS Section 1300 . GENERAL MUNICIPAL ELECTIONS . General muni- cipal elections for the election of officers , except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday in April, 1966 . Section 1301. SPECIAL MUNICIPAL ELECTIONS. All other muni- cipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections . Section 1302. PROCEDURE FOR HOLDING ELECTIONS. All elec- tions shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections , so far as the same are not in conflict with this Charter; provided, however, that in the case of the first elec- tion held under this Charter, the time for filing nomination papers and the time for publishing the notice of election is extended until the fortieth day prior to the election. Section 1302.1 . CANVASSING OF BALLOTS. The City Council shall meet at its usual place of meeting .at a regular, special c-34 . . or adjourned meeting, the Monday following the election, to receive the canvass of the returns and to install the newly elected officers . Any provision of the. Charter inconsistent herewith is hereby repealed. Section 1303. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of _the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative .and referendum and the recall. of municipal officers , shall apply to the use there- of in. the .City . so far as such provisions of the Elections Code are , not. in conflict with the provisions of this Charter. Section 1304. FILING FEE. A filing fee in the amount of $100 shall be paid to the City Clerk at the time forms for nomination papers are obtained from said Clerk for any elec- tive position. Said Clerk shall not deliver any .nomination papers to any person until said fee is paid. No part of such fee shall be refundable . Section 1305. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be' signed. by fifty electors of the City . ARTICLE XIV FRANCHISES Section 1400 . GRANTING OF FRANCHISES. Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities , water, light, heat , electricity, gas power, refrigeration, storage or any other public utility or service, or using the public streets , ways , alleys or places for the operation of plants , works or equipment for the furnishing thereof, or traversing .any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not , and to prescribe the terms and conditions of any such grant. It may also provide., by procedural ordinance , the method of procedure and additional terms and conditions of such grants , or the making thereof, all subject to the provi- sions of this Charter. Nothing in this section, or elsewhere in this Article, shall apply to the City, or to any department thereof, when furnishing any such utility or service . Section 1401: RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same , stating the name of the proposed grantee,, the character of the franchise and the terms and conditions upon which it is proposed to .be granted. Such resolution shall fix and c-35 1 set forth the day , hour, and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard there- on. It shall direct the City Clerk to publish said resolution at least once,, within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive . Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people , or it may deny the same . If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. Section 1402 . TERMS OF FRANCHISE. Every franchise shall state the term for which it is granted, which , unless it be indeterminate as provided for herein, shall not exceed forty years . A franchise grant may be indeterminate , that it to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property ac- tually used and useful in the exercise of such franchise and situate within the territorial limits of the State , municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms, by the possessor thereof. Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES . Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises , rights or privileges owned by the grantee, or by any successor of the grantee to any right under franchise , for the render- ing of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10 , 1911. The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises , rights and privileges within the limits of the City as such limits shall at any time exist , in lieu of which such franchise shall be granted. c-36 2. 6 )10--2. 68..050 Chapter 2 .68 STREET DEPARTMENT Sections : 2. 68. 010 Established. 2. 68. 020 . Engineer in charge . . 2. 68. 030 Appointment of subordinates . 2. 6.8. 040 Assistant city engineer. 2. 68..050 ' Street superintendent Appointment . 2 .68. 010 Established. There is established a street department in the city. Ord. 652, 10/56) 2. 68. 020 Engineer in charge. The city engineer shall be . in charge of the street department . (Ord. 700, 12/58) 2. 68. 030 Appointment of subordinates . The city engineer shall appoint all other officers , assistants , deputies and employees of the street department , subject to the approval of the city council. (Ord. 700, 12/58; Ord. 652, 10/56 ) 2. 68. 040 Assistant city engineer. The assistant city engineer shall act in. the absence or inability of the city engineer; shall attend the council meetings when requested by the city council and shall assist the city engineer in the performance . of the. duti.es of the engineering department as set. forth in the Charter and by ordinances of the city. (Ord. 652, 10/56 ) 2 .68. 050 Street superintendent--Appointment. - The street superintendent shall be appointed by the city engineer, subject to the approval of the city council and he shall have such powers , duties and responsibilities as are set forth in the Charter, in the ordinances of the city , and by the laws of the state -of California. (Ord. 700, 12/58; Ord. 652, 10/56) 37 2 .72. 010--2 . 72.� Chapter 2 .72 PERSONNEL SYSTEM Sections • 2. 72 . 010 Adopted. 2. 72 . 020 Department created. 2. 72. 030 Director--Appointment . 2. 72. 040 Director--Duties . 2. 72. 050 Board--Created. 2. 72. 060 Board--Members--Terms. 2. 72. 070 Board--Vacancies . 2. 72 . 080 Board--Functions and duties . 2. 72. 090 Adoption and amendment of rules . 2. 72 .100 -Employer-employee relations . 2. 72. 010 Adopted. In order to establish an equitable and uniform procedure for dealing with personnel matters ; to attract to municipal service the best and most competent persons available ; to assure that appointments and promotions of employees will be based on merit and fitness ; and to pro- vide a reasonable degree of opportunity for qualified employees, the following personnel system is adopted. (Ord. 1225, 6/66) 2. 72. 020 Department created. A personnel department is created and shall be under the supervision and control of a personnel director. (Ord. 1642 , 5/71; Ord. 1225, 6/66 ) 2. 72. 030 Director--Appointment. A personnel director shall be appointed by the city administrator with the approval of the city council, and such personnel director shall be the head of the personnel department . (Ord. 1642 , 5/71; Ord. 1225, 6/66 ) 2. 72. 040 Director--Duties . The personnel director shall administer the provisions of this code relating. to personnel and city employees ; the personnel resolution; and the employer- employee relations resolution. He shall be the city ' s principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith with recognized employee organizations within the scope of representation. He shall serve as secretary to the personnel board. He shall have authority to perform such other duties as may be assigned him by the city administrator and the personnel board not incon- sistent with the City Charter, this chapter and the above-named resolution. (Ord. 1642 , 5/71; Ord. 1225, 6/66) 38 8. 21 60--8. 24.100 8 .24 . 060 Abatement--Notice--Service. The notice shall be served upon the owner of record. or person having control or possession of the place or premises upon which the nui- sance exists , or upon the agent of either. Notices may be served by any person authorized by the health officer for such purpose in the same manner as a summons in a civil action. (Ord.. 1091, 10/64) 8. 24 . 070 Abatement--Failure. Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with the notice to abate, the health officer may abate such nuisance and the owner of such place or premises , or the person having control or possession thereof, shall be liable to the city for the costs of such abatement which may be recovered in a civil action. (Ord. 1091, 10/64 ) 8 . 24 . 080 Abatement--Notice of city intention. In the event the health officer elects to abate the nuisance, he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and if a hearing is not requested before the city council as hereinafter provided, within ten (10) days after service of the "Notice of Intention to Abate," the health officer may proceed to abate any such nuisance as here- inafter provided. (Ord. 1091, 10/64) 8. 24. 090 Abatement--Hearing request . The request for hearing shall be in writing and be filed with the city clerk. Notice of the time and place where the city council will con- sider the matter shall be mailed by the city clerk to the applicant and to the health officer. At the time fixed for the hearing, the city council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the health officer. Upon the conclusion of the hearing the city council shall determine whether a condition contrary to the provisions of this chapter exists and whether the health officer may abate. (Ord. 1091, 10/64) 8. 24. 100 Abatement--Refusal--Misdemeanor. Any owner or person having control. of any place or premises upon which there is a public nuisance created by industrial waste or dust, who refuses or neglects to abate the same or to take corrective measure to prevent its recurrence with the written notice from the health officer within the time specified in .said notice, shall be guilty of a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500) or one hundred (100) days imprisonment in the county jail or both such fine and imprisonment . (Ord. 1091, 10/64) 213 8. 2 4. 110--8. 32 .010 8. 24. 110 Provisions nonexclusive. Provisions of this chapter in reference to abatement are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. .1091, 10/64) Chapter 8. 28 OIL WASTE (RESERVED) Chapter 8 . 32 STANDING WATER Sections : 8. 32 . 010 Nuisance--Abate or fence in. 8. 32.020 Notice--Compliance. 8. 32 .030 Violation. 8. 32. 010 Nuisance--Abate or enclose . Every p6rson in possession of land within the city , either as owner, purchaser under a contract , lessee, tenant or licensee, upon which is situated standing water which may have accumulated by natural or other means ,' which standing water shall, in the opinion of the . city health officer or the director of building and community development , be an attractive nuisance to children by reason of the location, depth, condition, soil factor or accessibility to children, shall cause the nuisance to be abated, or in the alternative , shall cause to be erected a five foot fence, a guardrail as specified in Section 1716 of the Huntington Beach Building Code or other approved enclosure completely around said . body of water and if any gates are located in such enclosure, all such gates shall be of the same height as required for the enclosure and shall be self-closing and self-latching. (Ord. i 2017, 4 Dec. 75; Ord. 1233, 7/66) 214 8 . 32 .020--8. 36.020 8. 32. 020 Notice--Compliance. The city health officer or building director 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 is not compliance ,- said officer shall cause a citation or . complaint to be issued. (Ord. 1233, 7/66) 8. 32.030 Violation. Violation of this chapter shall be punishable as a misdemeanor. (Ord. 1233, 7/66) Chapter 8.36 RUBBISH Sections • 8. 36 .010 Accumulation--Prohibited. 8. 36 . 020 Accumulation--Nuisance. 8. 36 .030 Removal--Notice--Compliance. 8. 36 .040 Removai--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 .010 Accumulation--Prohibited. Every owner and . occu— pant of real property shall keep said property free of any_ accu— mulation of trash, junk, debris , rubbish or refuse. (Ord. 1668, 8/71) 8. 36..120 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 . (Ord.. 1668, 8/71) 215 8 . 36. 030--8. 36. 060 8. 36. 030 Removal--Notice--Com liance. It shall be the duty of the director of burl-Fi-ngand safety 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 days from the giving of such notice , any accumula- tion of trash, junk, debris , rubbish or refuse from such real property, and that upon failure to do so within such ten 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 mu- nicipal taxes . (Ord. 1668s 8/71) 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 nonres- ident 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 as shown by the last assessment of the tax assessor of Orange County. If said address appears thereon, of 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 post- ing 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. (Ord. 1668, 8/71) 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 prop- erty, the director of -building and safety shall thereupon re- port 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 days notice of such hearing shall be given to the occupant and owner of such real property in the __mann_er provided by Section 8. 36 .040. (Ord. 1668 , 8/71) 8. 36 .060 Abatement by city--Work order . The city coun- cil, after such public hearing, upon a finding of the exis- tence of any accumulation not otherwise permitted by law of trash, junk , debris , rubbish or refuse, shall order the di- rector of building and safety to do said work, at the expense of the owner of the property, and provide for temporary pay- ment of the same with city funds . (Ord. 1668, 8/71Y 216 14.12.080--_L4.12.090 Size of service Monthly rate 2 inch or less $ 2 .00 3 inch 3. 00 4 inch 4 . 00 6 inch 6 .00 8 inch 8.00 10 inch 10 .00 12 inch 12.00 (Ord. 751, 3/60; Ord. 674, 11/57) 14. 12. 080 Commodity adjustment clause. This clause shall be applicable to the areas served by the city. Water charges will be based on the percent use of pumped water as against purchased water and their related cost . The base year shall be 1975-76 Cost in Base Year. a. Orange County water district tax per acre - foot . . . . . . . . . . . $22 .00 b. Metropolitan Water District . Cost per acre foot 77.00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $ 0 .00 to $ 3.99 per acre foot, change $0 .01 per 100 cu. ft . 4 .00 to 7. 99 per acre foot , change 0 . 02 per 100 cu. . ft: 8. 00 to . 11. 99 per acre foot, change 0 .03 per 100 cu. ft . 12.00 to 15 .99 per acre-..foot , change 0 .04 per 100 cu. . ft . 16. 00 to 19. 99 per acre foot , change 0 .05 per 100 cu. ft . 20 .00 to .23.99 per acre. foot, change 0 .06 per 100 cu. ft . 24.00 to 27..99 per acre foot, change 0 .07 per 100 cu. ft . 28. 00 to 31.99 per acre foot, change 0 . 08 per 100 cu. ft. 32 .00 to 35 .99 per acre foot, change . 0 .09 per 100 cu. ft. Minimum .charge shall increase in direct proportion to the increase in rate blocks under the commodity adjustment clause. (Ord. 1996 , 6 Aug 75 ; Ord. 1217, 6/66) 14 . 12. 090 Water service--Applications . All applications for water must be made out on the forms provided by the water department and must be signed by the applicant . All applicants must deposit with the water department an amount equal to four (4) times the sum of the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10 ) , as a guarantee that all water bills, fines and penalties shall be paid by the applicant .. The deposit. A 395 14 . 12. 100--14.12. 130 shall not be returned to the applicant , unless the water service Is discontinued, and then only in the event that all water bills , fines and penalties of the consumer have been paid in full. (Ord. 2020, 18 Dec 75; Ord. 674, 11/57) 14. 12. 100 Water service--Turn on charges . No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of Five ($5) Dollars shall be made for restoring the water service to the premises . (Ord. 1996, 6 Aug 75;. Ord. 674 , 11/57) 14.12. 110 Water rates--Turn on. Whenever the distribution line of the .municipal water system shall be duly connected with the premises of any person, and the water turned on such premises , the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises , whether the same is actually used or not . (Ord. 674, 11/57) 14 .12. 120 Water rates--Date due . All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and shall become delinquent on the fifteenth (15th) day thereafter Y and if not paid thirty ( 30) days after the mailing date, the water superintendent is directed, through his deputies, to shut off the water from the premises and the water shall remain shut off until all rates , fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation. or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the additional sum of Five ($5) Dollars which is made a penalty for the failure to pay the said rate, and to pay the department for turning on water. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14 .12.130 Vacating premises . Whenever a consumer shall vacate any premises , he shall immediately give written notice thereof to the water department. Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the city to him up to that time . Thereupon the consumer shall pay said bills to the water department. In the event that the consumer shall have made a deposit with the department , as required in Section 396 PLANNING GENERAL PROVISIONS S. 9730.6.1 S. 9730.6.1 AGRICULTURAL USES. INSTALLATION OF IMPROVEMENTS. Where an agricul- tural use is established adjacent to a public right of way, a writ- ten request, containing. the reasons therefor and stating the practical difficulties involved, may be made to the Board of Zoning Adjustments for permission to install improvements at a later date. A hearing shall be set before the Board within fourteen (14) days following receipt of application, and the applicant shall receive at least ten (10) days notice of such hearing. The Board of Zoning Adjustments, when making its decision, shall consider the criteria contained in Section 9730.2.r1 of this article. If the Board determines that said use is of an intensity which does not require rights of way improvement, the Board may grant a temporary postponement for a period of time not to exceed one (1) year, and may grant additional extensions as deemed appropriate. Any decision of the Board may be appealed to the Planning Commission within ten (10) days following such decision, pursuant to Sections 9815.1 through 9815.1.7 of this code. (1821-2/73) S. 9730.7 ENCROACHING DOORS OR GATES. Every private garage, gate or portion of a main building used for garage purposes shall be so equipped that the doors when open or being opened will not project beyond any lot line and when said . doors open onto an alley, the wall or portion thereof containing said doors or doorways shall be at least five (5) feet from the line forming. the common boundary between said lot and the alley. S. 9730.8 UNDERGROUND PUBLIC UTILITIES FACILITIES. All new public and private utility lines and distribution facilities, including but not limited* to electric, communications, street lighting, and. cable television lines, shall be installed underground, except that surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities need not be installed underground. Further, this section shall not apply to main feeder lines or transmission lines located within the public right of way of an arterial highway as shown on the adopted . Master Plan of.Streets and Highways. S. 9730.9 OVERHEAD INSTALLATION. Installation of overhead utility lines may be permitted by the Director of Building and Community Development for the following: (2018-11/75) (a) Relocation and/or the increase of size of service on a lot when it does not necessitate any increase in the number of existing overhead lines and/or utility poles; (b) Any new service when utility poles exist along abutting property lines prior to February 15, 1967, and which are not separated by any alley or public-right-of-way and no additional utility poles are required; (c) Temporary uses; including directional signs, temporary stands, construction poles, water pumps, and similar uses; (d) Oil well services. S. 9730.10 Repealed (Ord. No. 2018-11/75) S. 9730.11 CONVERSION OF OVERHEAD UTILITIES. Any new overhead service which is Permitted by these provisions shall have installed a service panel to facilitate conversion to underground utilities at a future date. 12/4/75 S. 9730.12 'ENERAL PROVISIONS PLANNING ' S. 9730.12 UNDERGROUND TRENCHES. All underground utility lines in residential de- velopments which are installed on .private property shall be located along lot lines. However, the trench for service lines may curve from the lot line to the building at the nearest, most practical location. This provision is intended to reduce conflicts which may occur in future construction because of existing underground utility lines. S. 9730.13 SCREENING OF ROOFTOP MECHANICAL FEATURES. All rooftop mechanical fea- tures and appurtenances shall be invisible from any public right-of-way. S. 9730.14 MINOR ACCESSORY USES. Minor accessory structures such as cabinets, sheds, pet shelters and children's playhouses which are limited to a maximum of thirty-six (36) square feet of floor area, fifty (50) square feet of roof area, and a maximum height of six (6) feet shall be permitted in any district subject to approval of an administrative review application by the Board of Zoning Adjustments, and compliance with the requirements of this section. Such structures shall be exempt from the required rear and side yard setbacks for detached accessory buildings, and shall be located within the rear two-thirds (2/3) of the lot. If said structures are located within the required side yard setback for the dwelling, there shall be a minimum clear distance of five (5) feet maintained between said struc- ture and the dwelling to permit access to the rear yard. S. 9730.15 AGRICULTURAL STANDS. Agricultural stands may be permitted in any dis- trict as a temporary use, subject to approval of an administrative re- view application by the Board of Zoning Adjustments, and compliance with the following requirements. (a) Stands shall be located within the agricultural area where the produce is grown. (b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant. (c) Stands shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right-of-way. (d) In the event additional right-of-way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this Section. (e) Adequate off-street parking shall be provided. The off-street parking area shall be oiled with 0.25 gallons of Sc-70 per square yard. Such parking area shall be oiled whenever necessary to control weed growth. (f) Prior to issuance of a business license or building permit, a One Hundred Dollar ($100) cash bond shall be posted with the Building Department to guarantee removal of temporary stands upon termination of the use, and to guarantee maintenance of the property. Said bond shall be accompanied by a signed agreement which shall allow the Building Department to enter upon the premises to remove the building or structure if it becomes a nuisance, a hazard or is in disrepair. (g) Approval of an administrative review application shall be limited to one (1) year unless otherwise stipulated by the Board of Zoning Adjustments. (h) Request for permission to erect a sign shall be included with the application for administrative review, and any changes to be made to such sign shall be subject to the approval of the Board of Zoning Adjustments., PLANNING GENERAL PROVISIONS S. 9730.16 S. 9730.16 CHRISTMAS TREE SALES LOTS. Christmas tree sales lots are permitted in any district as a temporary use subject to approval by the Director of Building and Community Development and subject to the following: (a) Storage and display of trees shall be set back not less than ten (10) feet from the edge of the street pavement, and in no case shall encroach on the public right-of-way. (b) Said use including all surplus trees, utility poles, temporary structures, signs, trash, etc. , shall be completely removed from the site by January 3 of the fol- lowing year. (c) ' Temporary shelters shall be constructed according to Building Department standards. (d) A permit shall be obtained from the Fire Department prior to the operation of any Christmas tree sales lot. This permit will not be issued until all conditions of local and state codes are .complied with and an on-site inspection is conducted by the Fire Department. (e) A minimum of ten (10) off-street parking spaces shall be provided. (f) Ingress and egress to the site shall not create an undue traffic safety hazard and shall be subject to review by the Department of Public Works. (g) Prior to issuance of the business licence on sites that are not developed or improved, a Five Hundred Dollar ($500) cash bond shall be posted with the Building Department to insure removal of any structure and cleaning of the site upon termination of the temporary use, and to guarantee maintenance of the property. S. 9730.17 TRAILER, TEMPORARY STRUCTURES OR CONSTRUCTION OFFICES. Trailers or temporary structures may be used on construction sites, provided the use is the same as the future use of the building under construction, or is used as a construction office. (a) When a trailer is used for the same purpose as a building under construction, the permit shall be limited to six (6) months subject to such reasonable conditions as may be. imposed by the Director of Building and Safety. After six months, the appli- cant may request a continuation by written request to the Board of Zoning Adjustments. Continued use of the trailer may be granted for any specified period upon determination by the Board that construction is proceeding without undue delay. (b) Adequate off-street parking facilities shall be provided. (c) In no case shall a trailer or temporary structure or construction office be allowed to remain on site following the completion of construction. (d) Prior to issuance of a business license or building permit, a One Hundred Dollar ($100) cash bond shall be posted with the Building Department to. guarantee removal of the trailer or temporary structure or construction office. (e) The trailer or temporary structure or construction office shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right-of-way. S. 9730.18 SUBDIVISION SALES OFFICES AND MODEL HOMES. Subdivision sales •offices and model homes in conjunction with a subdivision may be permitted subject to the approval of an administrative review application by the Board of Zoning Adjustments, and subject to the following requirements. 12/4/75 S. 9730.18 (a) GENERAL PROVISIONS PLANNING (a) The office use shall be discontinued within a thirty (30) day period following sale. of the last on-site unit. A cash or surety bond of One Thousand Dollars ($1000) shall be posted with the Building Department for the sales office and for each model home to guarantee compliance with all provisions of the Building and Planning Codes. Said model home sites shall only serve as models for the tract specified in the. administrative review application. (b) The developer or contractor shall provide plot plans indicating the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. (c) The application may be reviewed by. the Board of Zoning Adjustments within one (1) year from the date such application is approved by the Board, to insure compliance with city codes. (d) In no case shall the sales office be converted or expanded into a general business office for the contractor or developer. S. 9730.19 PRIVATE GARAGES AND CARPORTS. RESIDENTIAL USES. Private garages and carports required by applicable provisions of this code shall be built concurrently with the main buildings to which such garages and carports are accessory. S. 9730.20 USE PERMITS FOR MULTIPLE-FAMILY RESIDENCE. It shall be unlawful to construct, erect or locate any apartment project which extends more than one hundred fifty (150) feet from a public street unless a plan for an on-site, public fire hydrant system is submitted which meets the approval of the Fire Department. An administrative review application for such apartment project shall be submitted to the Board of Zoning Adjustments. S. 9730.21 HOME OCCUPATIONS. CONDITIONS. Home occupations may be permitted in trailer parks, MH, R1, R2, R3 and R4 districts provided the following conditions are met: (a) The business shall be restricted to one room only in the dwelling and all material, equipment or facilities shall be kept therein. (b) No garage shall be used in connection with such business except for parking of business vehicles. (c) Only persons residing on' the premises may be employed. (d) There shall be no display of merchandise, projects, operations, signs, or name- plates of any kind visible from outside the dwelling. (e) In no way shall the appearance of the dwelling be altered or the operation of the business within the dwelling be such that the dwelling may be reasonable recognized as serving a nonresidential use, whether by colors, materials, construction, lighting, windows, signs, sounds, or any other means. (f) There shall be no storage of materials, supplies, equipment or products outside the one room of the dwelling used for a home occupation. (g) The occupation shall not be of a type which generates pedestrian or vehicular traffic beyond that which is normal to the particular neighborhood. (h) The occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises. claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the City Treasurer therefor, payable out of the proper fund. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. The Director of Finance shall transmit such demand, with his approval or rejec- tion thereof endorsed thereon, and warrant , if any , to the City Administrator. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Administrator before payment; otherwise it shall require the the approval of the City Council, following the adoption by it of- an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Administrator to approve any demand, in whole or in part, may present. the same to the City Council which, after examining into the matter, shall approve or reject the demand in whole or in part. Section 1217. ACTIONS AGAINST CITY. No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which this Charter or the general law requires a claim to be presented, until a claim or demand for the same has been presented as in this Charter provided and such claim and demand has been re- jected in whole or in part. If rejected in part suit may be brought to recover the whole . Failure to complete action ap- proving or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejec- tion thereof. Section 1218. REGISTERING WARRANTS . Warrants on the City Treasurer which are not paid for lack of funds shall be regis- tered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. Section 1219 . INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall, at such time or times as may. be specified by the City Council, at least annually, and at such other times as he shall determine , examine the books, records , inventories and reports of all officers and employees who receive, . control, handle or disburse public funds and of all such other officers , employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to. the City Council, one copy c-33 f f thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and Citv Attor- ney, respectively, and sufficient additional copies of the au- dit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statment as of the close of the fiscal year shall be published in the official newspaper. Section 1220 . SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless autho- rized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at a general or special election at which such proposition is submitted. ARTICLE XIII ELECTIONS Section 1300 . GENERAL MUNICIPAL ELECTIONS . General .mu- nicipal elections for the election of officers , except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday in April , 1966 . Section 1301. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections . Section 1302 . PROCEDURE FOR HOLDING ELECTIONS . All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections , so far as the same are not in conflict with this Charter; provided, however, that in the case of the first election held under this Charter, the time for filing nomination papers and the time for publishing the no- tice of election is extended until the fortieth day prior to the election. Section 1302 . 1. CANVASSING OF BALLOTS . The City Council shall meet at its usual place of meeting at a regular special or adjourned meeting, the Monday following the election, to receive the canvass of the returns and to install the newly elected officers . Any provision of the Charter inconsistent herewith is hereby repealed. c-34 I Section 1303. INITIATIVE, REFERENDUM AND RECALL.. There are hereby reserved to the electors of the City the powers of, the initiative . and referendum and of the recall of municipal elective officers . The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers , shall apply to the use there- of in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 1304. FILING FEE . A filing fee in the amount of $100 shall be paid to the City Clerk at. the time forms for nomination papers are obtained from said Clerk for any elec- tive position. Said Clerk shall not deliver any nomination papers to any person until said fee is paid. No part of .such fee shall be refundable. Section 1305 . . NOMINATION PAPERS . Nomination papers for candidates for elective municipal office must be signed by fifty electors of the city. ARTICLE XIV FRANCHISES Section 1400 . GRANTING OF FRANCHISES . Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities , water, light, heat, electricity , gas power, refrigeration, storage or any other public utility or service , or using the public streets , ways , alleys or places for the operation of plants , works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not , and to prescribe the terms and conditions of any such grant. It may also provide, by procedural ordi- nance, the method of procedure and additional terms and con- ditions of such grants , or the making thereof, all subject to the provisions of this Charter. Nothing in this Section, or elsewhere in this Article, shall apply to the City, or to any department thereof, when furnishing any such utility or service . Section 1401. RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before granting any franchise , the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee , the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution .shall fix. and c-35 set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard there- on. It shall direct the City Clerk to publish said resolution at least once , within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the City -Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. Section 1402 . TERMS OF FRANCHISE. Every franchise shall state the term for which it is granted, which, unless it be . indeterminate as provided for herein, shall not exceed forty years . A franchise grant may be indeterminate, that it to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take , under the power of eminent domain, all property ac- tually used and useful in the exercise of such franchise and situate within the territorial limits of the State , municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES . Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises , rights or privileges owned by the grantee, or by any successor of the grantee to any right under franchise , for the render- ing of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10 , 1911. The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises , rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. c-36 w 2 - .010--2. 68.050 Chapter 2 . 68 STREET DEPARTMENT Sections : 2. 68. 010 Established. 2. 68. 020 Engineer in charge . 2. 68. 030 Appointment of subordinates . 2_.68. 040 Assistant city .engineer. 2.68.050 Street superintendent--Appointment . .2.68. 010 . Established. There is established a street department in the city . Ord. 652, 10/563 . 2.68. 020 Engineer in charge. The city engineer shall be in charge of the street department . (Ord. 700 ,. 12/58) . 2. 68. 030 Appointment of subordinates . The city engineer shall appoint all other officers , -assistants, deputies .and employees .of the street department, subject to the approval of the city council. -(Ord. 700, 12/58; Ord. 652, 10/56 ) . . 2. 68..040 Assistant city engineer. The assistant city engineer shall act in the absence or. inability of the . city engineer.; shall attend the council meetings when requested. by the city council and shall assist the city engineer 'in the performance of the duties of the engineering department as set forth in the Charter and by ordinances of the city. (Ord. 652, l0/56 ) . 2.68. 050 Street superintendent--Appointment . The. street superintendent shall be appointed by the city engineer, subject to 'the approval of the city council and he shall have such powers , duties .and responsibilities . as are set . forth in the Charter, do the ordinances of the city, and by the laws of the state of California. (Or.d. `70.0, 12/58; Ord. 652, 10/56) : 37 9W 2 .72. 010--2 . 72.1 Chapter 2 .72 PERSONNEL SYSTEM Sections : 2. 72 . 010 Adopted. 2. 72 .020 , Department created. ' 2. 72. 030 Director--Appointment . 2. 72. 040 Director--Duties . 2. 72. 050 Board--Created. 2. 72. 060 Board--Members--Terms. 2. 72. 070 Board--Vacancies . 2. 72. 080 Board--Functions and duties . 2. 72. 090 Adoption and amendment of rules . 2. 72 .100 Employer-employee relations . 2. 72. 010 Adopted. In order to establish an equitable and uniform procedure for dealing with personnel matters ; to attract to municipal service the best and most competent persons available ; to assure that appointments and promotions of employees will be based on merit and .fitness ; and to pro- vide a reasonable degree of opportunity for qualified employees, the following personnel system is adopted. (Ord. 1225, 6/66) . 2. 72. 020 Department created. A personnel department is created and shall be under the supervision and control of a personnel director. . (Ord. 1645, 5/71; Ord. 1225, 6/66) . 2.72. 030 Director--Appointment. A personnel director shall be appointed by the city administrator with the approval of the city council, and such personnel director shall be the head of the personnel department (Ord. 1645 , 5/71; Ord. 1225,. 6/66 ) . 2.72. 040 Director--Duties . The personnel director shall administer the provisions of this code relating to personnel and city employees ; the personnel resolution; and the employer- employee relations resolution. He shall be the city 's principal representative in all matters of employer-employee_ relations, with authority to meet and confer in good faith with recognized employee organizations within the scope of representation.. He shall serve as secretary to the personnel- board. He shall have authority to perform .such other duties as may be assigned him. by the city administrator . and the personnel board not incon- sistent with the City Charter, this chapter and the above-named resolution. (Ord. 1645,: 5/71; Ord. 1225, 6/66) 38 8. , .060--8. 24 . 100 8 .24 . 060 Abatement--Notice--Service. The notice shall be served upon the owner of record or person having control or possession of the place or. premises upon which the nui- sance exists , or upon the agent of either. Notices may be served by any_ person . authorized by the health officer for such purpose in the same manner as a summons in a civil action. (Ord. 1091, 10/64) . 8 .24. 070 Abatement--Failure . Upon the neglect or. refusal of the owner., or person having control or possession .: of any place or premises to comply with. the notice to . abate, the health officer. may abate such nuisance and the owner of such place. or premises , or the person having control or possession thereof, shall be liable to the city for the costs of 'such abatement which may be recovered in a civil action. (Ord: 1091, 10/64) . 8 . 24 . 080 Abatement--Notice. of .city intention. In the event the health officer elects to abate. the nuisance, he. shall serve or cause to be served upon the record owner or the person in . control or possession of the premises. a "Notice of Intention to Abate" and if 'a hearing is not . reques.ted before the city council as hereinafter provided within ten (10) days after service of the "Notice of Intention to Abate, " the health officer may proceed to .abate any such nuisance as here- inafter provided. (Ord. 1091, 10/64) . 8 . 24. 090 Abatement-=Hearing request . . The. request for hearing shall be in writing and be filed with the city clerk. Notice of the time and place where the city council will con- sider the matter shall be mailed by the city clerk to the applicant and to the health officer. At the time fixed for the hearing, the city council, shall .hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the health officer. Upon the conclusion of the hearing the city council shall determine. whether a condition contrary to the provisions of this chapter exists and whether the health officer may abate. (Ord. 1091, 10/64) . 8. 24. 100 Abatement--Refusal--Misdemeanor. Any owner or person having control of any place or premises upon which there is a public nuisance created by industrial. waste or dust, who refuses or neglects to abate the same or to take corrective measure to prevent its recurrence with the written notice from the health officer within the time specified in said notice, shall be guilty of. a misdemeanor and subject to punishment upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500) or one hundred (100) days imprisonment in the county jail or both such fine and imprisonment . (Ord. 1091, 10/64) . 401 213 8. 24. 110--8. 32 . _1.0 8 . 24 . 110 Provisions nonexclusive. Provisions of this chapt.er ,in reference to abatement are to be construed as an added remedy of abatement of . the nuisance declared and` not ' in conflict or derogation of any other actions or proceedings. or remedies otherwise provided by law. (Ord. 1091, 10/64) . Chapter 8. 28 OIL WASTE (RESERVED) Chapter 8 . 32 STANDING WATER Sections : 8. 32. 010 Nuisance--Abat.e or fence in. 8. 32. 020 Notice--Complianee . 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 situated standing water which may have accumulated by natural or other means , which standing water shall, in the (Continued on Page 215) 214 32..020;-8.36 . 020 opinion of the city health officer or the city building direc- tor, be an attractive nuisance to children by reason of the location, depth, condition, soil .factor and accessibility to children .shall cause -the nuisance to be abated, or in the alternative, erect a five foot fence completely around said body of water and if any gates are located within the fence, all gates shall at all times be securely closed and locked. (Ord. 1233 (part) , 1966) . . 8. 32. 020 Notice--Compliance. The city health officer or building director shall give notice of the standing water to the person or persons in possession thereof and require them to comply within thirty days and if there is not com- pliance , said officer shall cause a citation or compliant to be issued. (Ord. 1233 (part) , 1966) . 8. 32. 030 Violation. Violation of this chapter shall be punishable. as a misdemeanor. (Ord. 1233 (part) , 1966) . Chapter 8. 36 RUBBISH 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 .010 Accumulation--Prohibited. Every owner and oc- cupant of real property shall keep said property free of any accumulation of trash, junk; debris , rubbish or refuse . (Ord. 1668 (part) , 1971) 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. (Ord. 1668 (part) , 1971) . 215 8 . 36. 030--8 . 36. 060 8. 36. 030 Removal--Notice--Compliance. It shall be the duty of the director of building and safety 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 days from the giving of such notice , any accumula- tion of trash, junk, debris , rubbish or refuse from such real property, and that upon failure to do so within such ten 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 mu- nicipal taxes . (Ord. 1668 (part) , 1971) . 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 nonres- ident 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 as shown by the last assessment of the _tax assessor of Orange County. If said address appears thereon, of 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 - post- ing 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. (Ord. 1668 (part) , 1971) . 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 prop- erty, the director of building and safety shall thereupon re- port 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 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. (Ord. 1668 (part) , 1971) . 8. 36 .060 Abatement by city--Work order. The city coun- cil, after such public hearing, upon a finding of the exis- tence of any accumulation not otherwise permitted by law of trash, junk, debris , rubbish or refuse, shall order the di- rector of building and safety to do said work, at the expense of the owner of the property, and provide for temporary pay- ment of the same with city funds . (Ord. .1668 (part) , 1971) . 216 14- .080--14.12.090 a Size of service Monthly rate 2 inch or less $ 2. 00 . 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 . inch 12. 00 (Ord. .751, 3/60; Ord. 674, 11/57) . 14 .12 . 080 Commodity adjustment clause. This clause shall be applicable to the areas served by the city. f Water charges will be based on the percent use 'Of pumped water as against purchased water and their related cost. The base year shall be 1975-76 Cost in Base Year. a. Orange County water district . tax per acre foot . . . . . . $22 . 00 b: Metropolitan Water District . Cost per acre foot . . . . . . . 77. 00 Schedule . rate charges in all rate blocks will be adjusted when ,gross costs per acre foot are above the base year as follows : $ 0. 00 to $ 3. 99 per acre foot , change $0. 01 per 100 cu. ft. 4. 00 to 7.99 per acre foot , change 0. 02 per 100 cu. ft . 8. 00 to 11.99 per acre foot , change 0. 03 per 100 cu. ft. 12. 00 "to 15 .99 per acre foot, change 0. 04 per 100 cu ft . 16. 00 to . 19.99 per acre foot , change 0. 05 per 100 cu. ft. 20. 00 to 23.99 per acre foot , change 0. 06 per 100 cu. ft . 24. 00 to 27. 99 per acre foot , change 0. 07 per 100 cu. ft . 28. 00 to 31. 99 per acre foot , change 0. 08 per 100 cu. ft . 32. 00 to 35 .99 . p.er acre foot, change 0. 09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the increase in• rate blocks under the commodity adjustment clause. (Ord. 1996, 6 Aug 75; Ord. 1217, 6/66) 14. 1.2. 090 Water service=Applications . All applications for water must be made out on the forms provided by the water department- and must be signed by the applicant . All applicants other than real property owners holding title. by recorded deed to the property served must deposit with the water department an amount equal to four (4 ) ..times the sum of .the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10) ; as a guarantee that all 395 14.12.100--14.12.13u water bills, fines and penalties shall be paid by the applicant . The deposit shall not be returned to the applicant , unless the water service is discontinued, and then only in the event that all water bills, fines and penalties of the consumer have been paid in full. (Ord. 674, 11/57) 14. 12. 100 Water service--Turn on charges. No charge shall . be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of Five ($5) Dollars shall be made for restoring the water servic& to, the premises. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises . of any person, and the water turned on such premises, the charge for water shall -be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as .the water is turned on to the premises , whether the same is actually used or not . (Ord. 674, 11/57) 14.12. 120 Water rates--Date due. All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and shall become delinquent on the fifteenth (15th) day thereafter and if not paid thirty (30) days after the mailing date, the water superintendent is directed, through his deputies; to shut off the water from the .premises and the water shall remain shut off until ..all rates, fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the additional sum of Five ($5) Dollars which is made a penalty for the failure to pay the .said rate, and to pay the department for turning on water. (Ord. 1996, 6 Aug .75; Ord. 674, 11/57) 14. 12.130 Vacating premises . Whenever a' consumer shall vacate any premises, he shall immediately give written notice thereof to the water department. Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all. unpaid bills for water furnished by the city to° him up to that time. Thereupon the consumer shall pay said bills to the water department . In the event that the consumer shall have made a deposit with the department , as required in Section 396 PLANNING GENERAL PROVISIONS S. 9730.6.1 S . 9730.6.1 AGRICULTURAL USES. INSTALLATION OF IMPROVEMENTS. Where an agricul- tural use is established adjace,.it to a public right of way, a writ- ten request, containing the reasons therefor and stating the practical difficulties involved, may be made to the Board of Zoning Adjustments for permission to install improvements at a later date. A hearing shall be set before the Board within fourteen (14) days following receipt of application, and the applicant shall receive at least ten (10) days notice of such hearing. The .Board of Zoning Adjustments, when making its decision, shall consider the criteria contained in Section 9730.2.1. of this article. If the Board determines that said use is of an intensity which does not require rights of way improvement, the Board may grant a temporary postponement for a period of time not to exceed one (1) year, and may grant additional extensions as deemed appropriate. Any decision of the Board may be appealed to the Planning Commission within ten .(10) days following such decision, pursuant to Sections 9815.1 through 9815.1.7 of this code. (1821-2/73) S. 9730.7 ENCROACHING DOORS OR GATES. Every private garage, gate or portion of a main building used for garage purposes shall be so equipped that the.. doors when open or being opened will not project beyond any lot line and when said doors open onto an alley, the wall or portion thereof containing said doors or doorways shall be at least five (5) feet from the line forming the common boundary between said lot and the alley. S. 9730.8 UNDERGROUND PUBLIC UTILITIES FACILITIES. All new public and private utility lines and distribution facilities, including but not limited to electric, communications, street lighting, and cable television lines, shall be installed underground, except that surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities need not be installed underground. Further, this section shall not apply to main feeder lines or transmission lines located within the public right of way of an arterial highway as shown on the adopted Master Plan of Streets and Highways. S. 9730.9 OVERHEAD INSTALLATION. ADMINISTRATIVE REVIEW APPLICATION REQUIRED. An application for administrative review, filed with the Board of Zoning Adjustments, for permission to install overhead utilities and giving reasons therefor, may be made in the following instances. (a) Remodeling or altering of a building or structure. (b) Enlarging an existing use. (c) Temporary uses, including directional signs, temporary stands, construction poles, water pumps, and similar uses. (d) The criteria for oil well services shall be as set out in Section 9730.10 hereof. (e) Any relocation of service on a lot when it does not increase the number of existing overhead lines or utility poles. (f) For any increase in service size if no additional overhead lines or utility poles are required. (g) For any new service when utility poles exist along abutting property lines which are not separated by any alley or public right of way and no additional utility poles are required. (h) For any new service when utility poles existed on the property prior to February 15, 1967, and no additional utility poles are required. S. 9730.10 GENERAL PROVISIONS PLANNING S. 9730.10 GUIDELINES FOR APPROVAL OF ADMINISTRATIVE REVIEW APPLICATIONS. The following guidelines shall be used by the Board of Zoning Adjustments in approving, conditionally approving or denying applications for administrative review to install overhead utilities: (a) The age and anticipated life of the existing structure. (b) The ratio of the cost of underground utilities to tae cost of any remodeling or addition. (c) The existing utility service in the area. (d) The existing overhead utilities shall not be perpetuated or expanded to the detri- ment of the aesthetics of the City. (e) Such other factors as the Board of Zoning Adjustments may deem pertinent to assist it in rendering a decision. S. 9730.11 CONVERSION OF OVERHEAD UTILITIES. Any new overhead service which is permitted by these provisions shall have installed a service panel to facilitate conversion to underground utilities at a future date. S. 9730.12 UNDERGROUND TRENCHES. All underground utility lines in residential de- velopments which are installed on private property shall be located along lot lines. However, the trench for service lines may curve from the lot line to the building at the nearest, most practical location. This provision is intended to reduce conflicts which may occur in future construction because of existing underground utility lines. S. 9730.13 SCREENING OF ROOFTOP MECHANICAL FEATURES. All rooftop mechanical feat- ures and appurtenances shall be invisible from any public right of way. S . 9730.14 MINOR ACCESSORY USES. Minor accessory structures such as cabinets, sheds, pet shelters and children's playhouses which are limited to a maximum of thirty-six (36) square feet of floor area, fifty (50) square feet of goof area, and a maximum height of six (6) feet shall be permitted in any district subject to approval of an administrative review application by'the Board of Zoning Adjustments, and compliance with the requirements of this section. Such structures shall be exempt from the required rear and side yard setbacks for detached. accessory buildings, and shall be located within the rear two-thirds (2/3) of the lot. If said structures are located within the required side yard setback for the dwelling, there shall be a minimum clear distance of five (5) feet maintained between said struc- ture and the dwelling to permit access to the rear yard. S. 9730.15 AGRICULTURAL STANDS. Agricultural stands may be permitted in any dis- trict as a temporary use, subject to approval of an administrative re- view application by the Board of Zoning Adjustments, and compliance with the following requirements. (a) Stands shall be located within the agricultural area where the produce is grown. (b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant. (c) Stands shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right of way. (d) In the event additional right of way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this Section. (e) Adequate off-street parking shall be provided. The off-street parking area shall be oiled with 0.25 gallons of Sc-70 per square yard. Such parking area shall be oiled whenever necessary to control weed growth. PLANNING . GENERAL PROVISIONS S. 9730.15 (f) (f) Prior to issuance of a business license or building permit, a One Hundred Dollar ($100) cash bond shall be posted with the Building Department to guarantee removal of temporary stands upon termination of the use, and to guarantee maintenance of the property. Said bond shall be accompanied by a signed agreement which shall allow the Building Department to enter upon the premises to remove the building or structure if it becomes a nuisance, a hazard or is in disrepair. (g) Approval of an administrative review application shall be limited to one (1) year unless otherwise stipulated by the Board of Zoning Adjustments. (h) Request for permission to erect a sign shall be included with the application for administrative review, and- any changes to be made to such sign shall. be subject to the approval of the Board of Zoning Adjustments. S. 9730.16 CHRISTMAS TREE SALES LOTS. Christmas tree sales lots may be permit- ted in any district as a temporary use subject to approval of an administrative review application by the Board of Zoning Adjustments, and compliance with the following requirements. (a) Storage and display of trees shall be set back ten (10) feet from the edge of the street pavement, and in no case shall encroach on the public right of way. (b) Said use shall be completely removed and the site restored by January 3 of each year. (c) Any temporary shelter shall be constructed according to Building Department standards. (d) All provisions of Title 19 of the Uniform Fire Code shall be met. (e) Adequate off-street parking facilities shall be provided. (f) Prior to issuance of the business license, a One Hundred Dollar ($100) cash bond shall be posted with the Building Department to insure removal of any structure upon termination of the temporary use, and to guarantee maintenance of the property. S. 9730.17 TRAILER, TEMPORARY STRUCTURES OR CONSTRUCTION OFFICES. Trailers or temporary structures may be used on .construction sites, provided the use is the same as the future use of the building under construction, or is used as a construction office. (a) When a trailer is used for the same purpose as a building under construction, the permit shall be limited to six (6) months subject to such reasonable conditions as may be imposed by the Director of Building and Safety. After six months, the appli- cant may request a continuation by written request to the Board of Zoning Adjustments. Continued use of the trailer may be granted for any specified period upon determination by the Board that construction is proceeding without undue delay. (b) Adequate off-street parking facilities shall be provided. (c) In no case shall a trailer or temporary structure or construction office be allowed to remain on site following the completion of construction. (d) Prior to issuance of a business license or building permit, a One Hundred Dollar ($100) cash bond shall be posted with the Building Department to guarantee removal of the trailer or temporary structure or construction office. (e) The trailer or temporary structure or construction office shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right of way. S. 9730_18 SUBDIVISION SALES OFFICES AND MODEL HOMES. Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to the approval of an administrative review application by the Board of Zoning Adjustments, and subject to the following requirements. S. 9730.113 (a) GENERAL PROVISIONS PLANNING (a) The office use shall be discontinued within a thirty (30) day period following sale of the last on-site unit. A cash or surety bond of One Thousand Dollars ($1000) shall be posted with the Building Department for the sales office and for each model home to guarantee compliance with all provisions of the Building and Planning Codes. Said model home sites shall only serve as models for the tract specified in the admin- istrative review application. (b) The developer or contractor shall provide plot plans indicating the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. (c) The application may be reviewed by the Board of Zoning Adjustments within one (1) year from the date such application is approved by the Board, to insure compliance with city codes. (d) In no case shall the sales office be converted or expanded into a general business office for the contractor or developer. S. 9730.19 Private Garages and Carports. Residential Uses. Private garages and carports required by applicable provisions, of this code shall be built concurrently with the main buildings to which such garages and carports are accessory. S. 9730.20 Use Permits For Multiple-Family Residence. It shall 'be unlawful to construct, erect or locate any apartment project which extends more than one hundred fifty (150) feet from a public street unless a plan for an on-site, public fire hydrant system is submitted which meets the approval of the Fire Department. An administrative review application for such apartment project shall be submitted to the Board of Zoning Adjustments. S. 9730.21 Home Occupations. Conditions. Home occupations may be permitted in trailer parks, MH, R1, R2, R3 and R4 districts provided the following conditions are met: (a) The business shall be restricted to one room only in the dwelling and all material, equipment or facilities shall be kept therein. (b) No garage shall be used in connection with such business except for parking of business vehicles. (c) Only persons residing on the premises may be employed. (d) There shall be no display of merchandise, projects, operations, signs, or name- plates of any kind visible from outside the dwelling. (e) In no way shall the appearance of the dwelling be altered or the operation of the business within the dwelling be such that the dwelling may be reasonably recognized as serving a nonresidential use, whether by colors, materials, construction, lighting, windows, signs, sounds, or any other means. (f) There shall be no storage of materials, supplies, equipment or products outside the one room of the dwelling used for a home occupation. (g) The occupation shall not be of a type which generates pedestrian or vehicular traffic beyond that which is normal to the particular neighborhood. (h) The occupation shall not involve the .use of commercial vehicles for delivery of materials to or from the premises. CONTENTS - DIVISION 9 PLANNING CHAPTERS - ARTICLES CHAPTER 97 - GENERAL PROVISIONS Article 970. Definitions 971. Non-conforming Uses and Buildings 972. Environmental Impact Reports . 973. Miscellaneous 974. Park and Recreational Facilities 9..75. Undergrounding of Utilities 976. Sign Code 977. Yards 978. Setback 979. Off-Street Parking CHAPTER 98 -. ADMINISTRATION Article 980. General 981. Board of Zoning Adjustments 982. •Amendments 983. Conditional Exceptions 984. Conditional Use Permits 985. Design Review Boards 986. Petitions 987. Hearings 988. Appeal 989. Site Plan CHAPTER 99 - CITY SUBDIVISION ORDINANCE Article 990. General Provisions 991. Subdivision Committee• 992. Parcel Map Procedures 993. Tentative Maps 994. Expiration, Extensions, and Recordation of Maps 995. Appeals 996. Dedication 997. Improvement Security 998. Reversion to Acreage 3/17/75 ire 1 CONTENTS - DIVISION 9 PLANNING CHAPTERS - ARTICLES CHAPTER 97 - GENERAL PROVISIONS Article 970. Definitions 971. Non-conforming Uses and Buildings 972. Environmental Impact Reports 973. Miscellaneous 974. Park and Recreational Facilities 975. Undergrounding of Utilities 976. Sign Code 977. Yards 978. Setback 979. Off-Street Parking CHAPTER 98 - ADMINISTRATION Article 980. General 981. Board of Zoning Adjustments 982. Amendments 983. Conditional Exceptions 984. Conditional Use Permits 985. Design Review Boards 986. Petitions 987. Hearings 988. Appeal 989. Site Plan CHAPTER 99 - CITY SUBDIVISION ORDINANCE. z Article 990. Purpose of Ordinance 991. Definitions 992. Tentative Maps 993. Final Maps 994. General Regulation and Design 995. Improvements 996. Exceptions 997. Appeal 998. Parks and Recreational Facilities 8/3/73 TT- ON BEACH ORDINANCE CODE C" 'GES (Updated 10/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Page 65 Page 65 Page 66-1 Page 66-3 .. Page 66-5 3 24 240--3 24 320 and dirt ctly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state , the United States , or any foreign government (f) In addition to the exemptions provided in Sections 6366 and 6366 1 of the Revenue and Taxation Code the storage, use , or other consumption of tangible personal property pur- chased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compen- sation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States , or any foreign government is exempted from the use tax (Ord 1896, 1/74, Ord 1877, 10/73, Ord 878, 11/61, Ord 643, 3/56 ) 3 24 300 Application of provisions relating to exclusions and exemptions a Section 3 24 240 of this chapter shall become operative on January lst of the year following the year in which the State Board of Equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code , at which time Section 3 24 230 of this chapter shall become operative (b ) In the event that Section 3 24 240 of this chapter becomes operative and the State Board of Equalization subse- quently adopts an assessment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 3 24 230 of this chapter shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 3 24 240 of this chapter shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio reauired for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 3 24 240 shall again become operative and Section 3 24 230 shall become inoperative (Ord 1896, 1/74 ) 3 24 310 Amendments All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1 5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this chapter (Ord 1896, 1/74 ) 3 24 320 Enjoining collection forbidden No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this 65 3. 24. 320--3. 28. 020 chapter, or Part 1. 5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. (Ord 1896, 1/74. ) Chapter 3. 28 UNIFORM TRANSIENT OCCUPANCY TAX . Sections : 3. 28.010 Purpose. 3. 28. 020 Definitions. 3. 28. 030 Tax Imposed. 3. 28. 040 Exemptions. 3. 28. 050 Operator's Duties. 3. 28. 060 Register. 3. 28. 070 Guests Must Register. 3.28. 080 Registration. 3. 28. 090 Reporting and Remitting. 3.28.100 Penalties and Interest. 3. 28.110 Failure to Collect and Report Tax--Determina- tion of Tax by City Treasurer. 3. 28.120 Appeal. 3. 28.130 Records . 3. 28140 Refunds. 3. 28:150 Actions to Collect. . 3. 28.160 Failure to Register. 3.28. 010 Purpose. The City Council of the City of Hunting on Beach hereby declares that this chapter, which shall be known as the Uniform Transient Occupancy Tax is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. (Ord. 1068, 6/;64 ; 2015, 10/75) 3. 28. 020 Definitions . Except where the context otherwise requires, the definitions -given in this section govern. the con- struction of this chapter: (a) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, ,point stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (b) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occu- pancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment 66 --- 28 . 020--3 . 28. 030 house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. (c ) `Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel -for dwelling, lodging or sleeping purposes . (d) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of- calendar days as full days . - Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether .a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be con- sidered. (e ) "Rent" means the consideration charged, whether or not received, .for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mort- gagee in possession, licensee, or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Com- pliance with the provisions of this chapter by either the principal or the managing agent .shall, however, be considered to be com- pliance by both. 3 . 28. 030 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal .to the current, combined state and local use tax rate. Said rate shall be declared by the City Council by resolution from time to time. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient ' s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the city treasurer may require that such tax be paid directly to the city treasurer. (Ord. 1068, 6/64; Ord. 1590, 7/70; '2015 , 10/75) 66-1 3 .128 . 040--3. 28 . 070 3 . 28 . 040 Exemptions . No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein pro- vided; (b ) Any Federal or State of California officer or employee when on official business; (c ) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or inter- national treaty . No exempt shall be granted except upon a claim there- for made at the time rent is collected and under penalty of per- jury upon a form prescribed by the city treasurer. (Ord. 1068, 6/64; 2015 , 10/75) 3. 28 . 050 Operator's' Duties . Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient . The amount of tax shall be separately stated from the amount of .the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the . tax or any part thereof will be assumed or absorbed by the opera- tor, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter pro- vided. (Ord. 1068, 6/64; 2015 , 10/75) 3. 28. 060 Register. Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall keep a register wherein he shall require all guests, roomers or lodgers to inscribe their names upon their procuring lodging of a room or accommoda- tions . Said register shall also show the day of the month and year when said name was inscribed, and the room occupied, or to be occupied by said lodger, or roomer or guest in such lodging house, rooming house, motel or hotel . Said register shall be kept in a conspicuous place in said lodging house, rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of the State of California. (Ord. 1226, 7/66; 2015, 10/75) 3. 28 . 070 Guests must register. Before any lodging- for hire to any person(s ) in any lodging house, or before renting any room to any person(s ) in any rooming house, or before furnishing any accommodations to any guest(.$ ) at any motel or hotel, the pro- prietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or room is rented, or accommo- dations furnished, to inscribe his/their name Cs) in such register kept for that purpose as hereinabove provided, and shall set oppo- site said names ) the time when said name(s ) was/were so inscribed, the room occupied by such lodger(s )., roomer(sl, or guest (s ) , and the license number and description of the vehicle said lodger(s ) , roomer(s Z or guest (s )_ drove. (Ord. 1226, 7/66; 2015 , 10/75) 66-2 8. o8o--3 . 28 .100 3 .28. 080 Registration. Within thirty (30) , days after the effective date of this chapter, or within thirty (30 ) days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the city treasurer and obtain from him a "Transient Occu- pancy Registration Certificate" to be at' all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: (a) The name of the operator; (b ) The address of the hotel; (c ) The date upon which the certificate was issued. (d) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of Chapter 3. 28 by registering with the city treasurer for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the city treasurer. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a 'hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does. not constitute a permit . " (Ord. 1068, 6/64 ; 2015 , 10/75) 3. 28 . 090 Reporting and remitti Each operator shall file.n a report the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the city treasurer, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the city treasurer. The city treasurer may establish -shorter reporting periods for any certificate holder if he deems it neces- sary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment is made to the city treasurer. (Ord. 1068, 6/64 ; 2015, 10/75) 3. 28.100 Penalties and Interest. The following shall give rise to penalties and interest: (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax. 66-3 . r 3. 28 .100--3 . 28 . 110 c (b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) �- days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c ) Fraud. If the city treasurer determines that the non- payment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs (a) and (b) of this section. (d) Interest . In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one half (1/2) of one percent (1%) _ per month, or fraction thereof_, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions, of this section shall become a part of the tax herein required to be paid. (Ord, 1068, 6/614 ; 2015 , 10/75) 3. 28 . 110 Failure to collect and report tax--Determination of tax by city treasurer. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the city treasurer shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the city treasurer shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the city treasurer shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address . Such operator may within ten (10) days after the serving or mailing of such notice make application in writing to the city treasurer for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the city treasurer shall become final and conclusive and immediately due and payable. If such application is made, the city treasurer shall give not less than five (5) days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties . At such hearing, the operator may appear and offer evidence why such specified tax, interest and 66-4 J. 3. ,8 . 110--3 . 28. 140 penalties should not be so fixed. After such hearing the city treasurer shall determine the proper tax to be remitted and shall thereafter give written notice to the person and in the manner prescribed herein of such determination and the amount of such tax, interest and penalties . The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 3. 28.120. (Ord. . 1068, 6/64;. 2015 , 10/75) 3. 28 . 120 Appeal. Any operator aggrieved by any decision of the city treasurer with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his last known place of address . The findings of the council shall be final and conclusive and shall be served upon the appel- lant in the manner. prescribed above for service of notice of hear- ing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 1068, 6/64 ; 2015 , 10/75) 3. 28 .130 Records. . It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the city treasurer shall have the right to inspect at all reasonable times . (Ord. 1068, 6/64 3. 28. 140 Refunds. The following shall warrant a refund: (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter it may be refunded as provided in subparagraphs (b) and (c ) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the city treasurer within three (3) years of the date of payment. The claim shall be on forms furnished by the city treasurer. (b ) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the city treasurer that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. 66-5 3 . 28. 140--3. 28. 160 i (c ) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section, but only when the tax was paid by the transient directly to the city treasurer, or when the transient having paid the tax to the operator, establishes to the satisfaction of the city treasurer that the transient has been unable to obtain a refund from the operator who col- lected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant established his right thereto by written records showing entitlement thereto. (Ord. 1068, 6/64; 2015 , 10/75) 3. 28.150 Actions to collect . Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of. the City of Huntington Beach for the recovery of such amount. (Ord. 1068, 6/64; 2015 , 10/75) 3.28.160 Failure to register. Any operator or other per- son who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the city treasurer, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim or who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty . of a misdemeanor. (Ord. 1068, 6/64; 2015 , 10/75) 66-6 24.300--3. 24. 320 and directly and exclusively in the use of such aircraft as common carriers of persons _or property under the authority of the laws of this state, the United States, or any foreign government. (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage , use , or other consumption of tangible personal property pur- chased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compen- sation under a certificate of public convenience and necessity issued pursuant to.:the ..laws of. this s.tate, . the _ United: States, or any foreign government is exempted from the use tax. (Ord. 1896, 1/74 ; Ord. 1877, 10/73; Ord. 878, 11/61; Ord. 643, 3/56• ) 3.24. 300 Application of provisions relating to exclusions and exem Lions . a Section 3.24. 240 of this chapter shall .become operative on January lst of the year following .the year in which the State Board of Equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time .Section_ 3. 24. 230 of this chapter shall .become operative. (b) In the event that Section 3.24. 240 of this chapter becomes operative and the State Board of Equalization subse-. quently_ adopts an assessment ratio for the state-assessed. . property .which is higher than the ratio which is required for local. assessments by Section 401 of the Revenue and. Taxation Code, Section 3. 24.230 of this chapter shall :become operative on the first day. of the month next following the month in which such higher ratio is adopted, at which time Section 3.24.240 of this chapter shall be inoperative until the first day of the month following the month in which the Board. again. adopts an assessment ratio fo.., state-assessed .property which is identical . to the ratio required for local.. assessments by Section 401 of the Revenue and Taxation Code, at which time . Section 3. 24 .240 shall again become operative and Section 3. 24. 230 shall become inoperative . (Ord. 1896, 1/74.. ) 3. 24. 310 Amendments. All subsequent amendments of the Revenue and Taxation Code which relate to the. sales and use tax and which are not inconsistent with Part 1. 5 .of. Division 2 of .the Revenue and Taxation Code shall automatically become a. part of this chapter. (Ord. 1896, 1/74. ) 3.. 24 . 320 Enjoining collection forbidden. No injunction or writ of mandate or other legal or , equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this 65 3.24 . 320. chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code , of any tax or any amount of tax required to be collected. > (Ord. 1896 , 1/74-: ) Chapter 3.28 TRANSIENT OCCUPANCY TAX (RESERVED) I I I � I 66 - -- - -- - - ----- --- HUNTINGTON BEACH ORDINANCE CODE CHANGES (Updated 10/21/75) I PLEASE REMOVE FRC14 CODE PLEASE ADD. TO CODE DM 2 DM 2 DM 12 DM 12 DM 13 DM 13 DM 18 DM 18 DM 37 DM 37 DM 38 DM 38 (Effective 10/21/75) PLANNING ZONING DM 2 SECTIONAL DISTRICT .MAP 2-6— II � lowSCALE IN FEET ADOPTED MARCH 7,1960 NOTE CITY OF ALL DIMENSIONS ARE iN FEET AY CITY COUNCIL ORDINANCE NO. T54 ANY ZONE ADJOINING ANY RIGHT OF W IS IN TO EK��4D TO T E CENTER AMENDED ORD,NO. AMENDED ORD. OF SUCH RIGHT OF Y 6.20-60 773 z-z1-68 1186 LEGEND: 7-18-60 781 10-3-66 1256 0 SINGLE FAMILY RESIDENCE D15TRICT HUNTINGTON BEACH 11-7-60 798 2-17-69 1527 0 Two FAMILY RESIDENCE DISTRICT 2-20-81 617 2.17-69 1474 Q COMMUNITY FACILITIES(EDUCATIONAL)DISTRICT E_18_ 847 10-6-69 1606 p3 RESIDENTIAL AGRICULTURAL DISTRICT 6-19-61 B4e 10-I9-70 I609 - RESIDENTIAL pGRICULTURpL DISTRICT 9-18-81 888 3-IS-71 1639 11-6-61 876 12-20-71 1691 0 LIDNr wou5rR1AL DISTRICT ORANGE COUNTY, CALIFORNIA 5-T-62 SOD 12-6-71 1687 o IN CDU5TRIAL DISTRICT . 5.21-62 903 7-17-72 1760 �2 COMMUNITY BUSINESS DISTRICT AMENDED BY ZONE CASE: 6-4-62 SO? 7_17-72 1762 © HlcxwAY COMMERCIAL 108,123,138,147,176,177,178, ID-15-82 932 9-$-72 177$ R5 MEIITED GNBOPMOOORLE FAMILY COYMERCMLESIDENCE DISTRICT 12-3-62 938 12-17-73 1889 179.180,143,200.206.212.237. 1-7-63 947 10-15-73 1876 ® MULTI FILE FAMILY RESIDENTIAL 244,248.269,282,288,302,331, 2.4-63 950 8-4-75 1999 COMMUNITY FACILITIES(CIVIC)DISTRICT 333.379,473.505,545.66-40. 6.24-63 976 8 978 8-4-75 2000 - SETBACK LINE 68-I8,68-52,69-23.70-10,70-28, 1-6-64 1028 8-4-75 2002 cowelNED wrtn OIL RRooucTloN 71-18,71-32.72-16(F),72-I61LI,72-23,73-22,73-20,75-3A,75-38,75-3D,75-3E, 10-5.64 1090 8-4-75 2003 -pI ®PRECISE R.AN 65TIEET ALIGN. 4-5-65 1132 -cD clvrc DISTRICT I— 4, -1 IGARFIELD I I I I i ! __ - I I AVE.( L Z-1 .7 — N F b n"BRA-Og R3 CIS 530 e9„ io - MI ] R5 _ �_� � C2 c� EMI �• i R R 3 �° R2ED R2 O O -0 (�\ R2 N.LWE BILK TS 6300- R a RA-O�s`� R3 rR5 cr mi C 4I R2 1 MI R2 3 �» R3 n MI a R2 28012 //�x CLAY er+i Ia•n-Isr- --- — C2-0-lA m.e AVE. 35+ p +25 1'tE6F.R'JCIR) cz-M o A I R3 B 4- _ 0 5 0 " R3 Cz: +i ga S DR4 2 R2 a R3 .NoN R2 R2 t R I-0 ly R I-0 13O r'20 15 10, y� .• N LINE T0.l950 O O O -- wEN-- AVE. C2-0-CD �//'/� " 1 1 y RI 29D RI 55 CEO-0 CLL—AND R IF 1 1C2I 3 e]•e•]e f] w m� R 2 SD- 1 2+0 2 •]9'04'f ee•>9']c'E 0 RI'01 M2-D RI ,ryM1 RI 105 q wILLANS AVE. y OC2-oltD=�1 M2-O'CD- 4+J, TR.3950 -231 3 w yox.R w R2 R2 z R2 R C2-0-CD RI-0-CD R2 3 N 1 p �' R R2 C4eD 2!0 MANSION 58s•]Y5e•E -F I AV IpSrTY 9 I CF-E-CD CEN^ER) 5. g R2-0-CD J Rg R2-0-CD R2_0 50 WICHITA AVE. R2 C Z o o U v y R2-0 'r gCF-E-CD' o N o 0 1 9 R2-o-0D Y O R 2 MY CR. CF-E :3 I N O vEN�AVE. a Q d ,o 1 o0 6 2-0-CD p ° i I3 - � T 53o R4 I i D4,e . r],� . 2-0 N low01W. +x O•n'zvE Ev,1•Iu x S•]e w UTICA le VE. JR1 p R2O-CD T o o o R2 0 R2-0 A nO V. E O51RI RI RI RI RI R2 a U TORONTO AVE o GAD Y e6E '4'• �� cr O R2-0-CDE O b 4 O N N i RI-O N N N N N ZC 0: 0' 4 R10 D= R2-O-CD K 4n SAxTE OR. Y SPRIN6FIELD R2 C41 H I�`•y-yqL� ,p- UUO p O R2-0 R2-O O O O O O O O ALTAMAR DR. ( d ]- IFE ��Z�� N N O O �. �m r` P o a O O R 2-0 ¢ rc rc rr rc N N 5D_ u z RI RI RI R I RI R2 N N ROCHESTER O a A w R3-0 Ra xO Q �/R1 4 4F' 9 x R3-O Q M o anIaJ .0M �FJ�RI-O r < arc w R3-0 R2 r/ >� RFO 9�F 6�-167 � F1 r RI ADAMS AVE QP SECTIONAL DISTRICT MAP 3-6-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY,, CALIFORNIA USE OF PROPERTY MAP GARFIELD AVENUE w w cn -- ------------- - LAWN N DR. c.0 CR. Y R. DR. .................. F cm,:�;,.T- F 41 DUIET A- Lk 41 D7 Ile, oc, t PLANNING- ZONING DM 12 SECTIONAL DISTRICT MAP 11-6-1I LEGEND: 0 CITY OF ADOPTED MARCH 7, ' N CITY COUNCIL ORDINANCE NO.764 l E E DISTRICT PLANNED DEVELOPMENT DISTRICT AMENDED ORD NO. AMENDED ORD.NO, AMENDED ORDNO.. 7R 11 SINGLE FAMILY RESIDENCE DISTRICT 3-28-60 ]SB 2-IB-]I 1633 'IM TWO FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 5-IB-fit EGG 5_3-i1 1645 © LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT B76 7-6-71 1655 q4 MULTIPLE FAMILr RESID Ex CE DISTR-CT S-]-fit 900 I -]I IBB2 L3 GENERAL BUSINESS DISTRICT 10-I-G2 929 2i-]2 177 FM- 2-3-62 936 12-2072 181] FM- LIGHT INDUSTRIAL DISTRICT 18-5-fi3 8-19-83 99 88-55--]]4 `99233 996 0 FR COMMUNITY FACILI TIES(RECREATI ONAL)D ISTRICT I-I4-65 III EN ITY FACIL (CIVIC)DISTRICT]-6110 63T5 200 [� 0FFICE PROFESSIONAL DISTRICTORANGE COUNTY CALIFORNIA 67 -6 1221 rCT NEIGHBORHOOD COMMERCIAL DISTRICT AMENDED BY ZONE CASE: i-s:6i lion ® cwMUN1n BUSINESS DISTRICT 4-17:67 131fi ® HIGHWAY COMMERCIAL DISTRICT 101,174,175,201,237,266,201,282,342,347,484,536,545,66-23,86-41,68-68,67-5 9-Ifi-67 1348 �] DESIGNATES PRECISE PLAN OF STREET ALIGNMENT B-18.6] 1349 67-16,67.22,68-39,69-14,69-13.69-35.PP70-2.70-I0,PP70-4,71-3,71-10,7t-29,72-33,72-43,73-26,74-7,75-3C, I-e-ee 1463 }WMBwEO wrtH OIL PRooucTlaN 7-21-69 1311 �I l-� 8-4-69 1515 --- SETBACK LINE 26 70 An �� COYBINEO WITH OIL PRODUCTION o J rI 1.1121 -'� IOH9-]O 1806 IN AREA BOUNDED BY PALM I� - AVE.ON NE,SEVENTEENTH Sid ADAMS AVE.' ON NW,OCEAN AVE.ON SW/ B SEVENTH ST.ON SE. , J �V L-�I—J LJ LJ 1_JU I I I I I I L_J �J I I I I L- /po���rz. 92 wRI-0 RI-0 RI HNITEIE'SH" ? R-I R-I R2 8,w ---_`-------u�i -e R 5Cq'� C4 aoo R3-0 = o C2-Q/ D 3eo q'63 �'er- LOMA AVE. LV •D AVE R5-0 SM:r.SCHOOL) � '%'«h R I K � P R3-0 O PORTL4ND C R5-0 0 RI RI RI RI a[RI R2 D: ¢ - R3-0 63o m •4Apg• R3-0 R5 , b• RI.O 835 CF-E THIRTEENTH OSWEGO AVE. AVE. RI RI R3-0 0 N C4j RRRIRI � R I ra RA R2-PD-10 l C'WYER S..:OCLI ; N LE AVE. C'9f T 6. ST OC U yA sT RI RI a rwELf�� R3 R3 R5. CF-R a.� 200 yA I RI RI I N AVE. ,L MEMPHIS sJ A.j' y CF_R ELEVENTH ST 'R Pwb M R 2 rc o:vtnxw � �R I c�Rc:!H,R R 2 R Is RI LINCOLN - AVE. -RS C4 yRl RI R2 Ar +C + RI 1 7ENTN R2 ao oU RI R2 S7 AG N N N N N N N N P ` �RZRI y \/ RI KNOXVILLE AVE. R I ¢ a +` o o NN NN on aR R�,R R2 R2 f M JOLIET.- AVE. �r y4 R3 R2 R2 R1 R2 z �, i 1 15 0 Na N z� o R3 R3 u R3 C y R a 2 rc o ¢ o rc o o Q•R`�'- y INDIANAPOLI AVE- R q,Q� Nd w R 3 R3Z'l R�� 2 RE ti N N N N N N R 2 P P 50 R2 0: rc rc � rc � °f'P•P HARTFORD AVE Q R 2 - tiQ Q• I sA K 0 GENEVA FYI ti >.7T v TN Rae R 3 o: � R3�S R3 Pry (` FRANKFORT G 22 '`f F G 4 U U ELMIRA AVE. ' S01 0c a c0 R 3 M H to oO 4r G'h U M N M. 2 DETROIT R 3 o RE M M M R 3 ` L=i Qa G� Lf y Y CAGO o CHI AVE W D G'b a cu R 3 M = M R 3 BD� GO O O D1 t G G M a R3 �xa 10 O_ SALTIMORE AVEE a E-r R5 �c%..0 �� Cd G Gnj +Lf •'� G�y� '�J M "" �I Inec.e. mt G,b G'y P f M /� 3 ¢ R5 R5 $I o C3J In. a R3 _ r I =g ». \\ G ni Goo .P'/--1:s 'l r 11 06 p G ,6? � $ AT LANTA 0 1000 AVE m G 1 SCALE IN FEET� `14-13/ % NOTE: \ ALL DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY IS INTENDED TO EXTEND'TO THE CENTER OF SUCH RIGHT OF WAY. a NIOU WWe SECTIONAL DISTRICT MAP 126II SCALE IN FEET K CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP I l ADAMS AVE N I Iz T H + a T >5 s ff = NORTHPORT �®o T N CR.J I� I I �Q7 I o s c j I H J B CR NTON CR. VISCWN DO Y N C0. ¢y BELL9NIRE MILLBRIDG CR. ' - NMGNIS R C WpBURY DR. NORFOLN OR. NELSO DR. ' -' ENRAN DR UIRES C GAL ANT I a DR. CAPE NEWB R. M49TERleFE j S �+ I ¢ 3l 4 _ LL V DR BURLC—T DR. V SWTNPORT OR.V CF-R (PARK) LARr 3 SRN O I OR. C F-E_ NE I R. 'NARVq�f (S:'.HOOL SITE) Z DR. RJN. BED L DR. J wL D ILE J ¢ J - F L RU%TON DR. R z DR zCF-R :qN� (PARK S:T..)DR DIp CNARFORD DR. RDA DR.. I ILLFIII 7 INDIANAPOLIS AVE J J DRIFTNU00 D REILLY I DR z z J E Cpi CF-E TERN'CR SAIL CR. HERON IR R cI MERMAID C . CRANE SUNSET C I u W q KINGFISHER DR MARY CR VARA m J 3 U) aQ 5 O I SEAHAD CR ALVARADO 5 DR S Z = Q EVELYH CR; CASTILIAN DR 'f •-` Q Q I ! - W " 0 p. LU U I - I Ia. 3 Z SNOWBIRD DR Q J w ATLANTA AVE PLANNING ZONING DM 13 SECTIONAL DISTRICT MAP 12 -�6 -11 �° SCALE ml IN FEET ADOPTED AUGUST 15,1960 NOTE ALL CITY OF CITY COUNCIL_ IX NCIL-ORDINANCE N0.78$ AN DIMENSIONS p,E INNYF FEET AY AMENDED ORD.NO. AMENDED ORD.NO Y TONE ADJOINING p RIGHT OF W IS IN EADED 0 E%TEND TO nE CENTER 2-6-61 814 8-7-72 1767 of S LN RIGHT OF EN 5-5-61 839 8-6-73 1862 LEGEND' 12-4.61 877 7.7-75 1994 O 5-7-62 SO0 HUNTINGTON BEACH -17-63 923 O SNEKMBNIGLE FAMILY COMMERCIAL I-21-63 946 0 6-3-63 969 pQl SWGLE F4MILY RESIDENCE DISTRICT 2-3-64 1034 G2 COMMRNITY BUSINESS DISTRICT 8-19.64 1079 12-7-64 IORANGE COUNTY, CALIFORNIA IO6 C COMMUNITY FACILITIES(RECREATIONAL)DISTRICT 6-4-65 45 HIGNWAY COMMERCIAL DISTRICT I-I5+6$ 1165 R COMMUNITY FACILITIEBIEOUCATIONI DISTRICT I-3-66 1177 RESIDENTIAL AGRICULTURAL DISTRICT AMENDED BY ZONE CASE 1-I6-67 290 145,161,213,215,237,261,300.316,394,461,482,514,531,540,66-62,66-66 6-18-87 1330 SUFFIX LEGEND! 67.22.70-10,71-11,71-12,71-34,PP 72-5,73-12,75-04 9-18-67 1349- 10-19-70 16J6 -p2 OIL C0A0NING DISTRICTS 7-17-71. I65B 9-7-71 16ST ---- SETBACK LINE 12-20"71 1702 x J ADAMS I AVE L R{ RI + :I 7 RA-0 RI 3 RI 3 6 g 6 4 n ? NORTHPORT OR CR Y RI 193 E o I RI-0 ; RI RI RI RI RI RI E CR. 3 RI RI RI r J i m I �A-ol S : O RIZ OTH Y CR HA%TON VISC RI, RI R U) aI. RI RI RI ffLLSNAE D J RI-0 R I MILLBRIDG CA R I RI RI i MG RI RI f� R a ' RA•ol ° RI Ri RI KNIGHTS NORFOLK DR. a MED E - KEuo DR R I i< RI RI DR RI-01 a L�AN RI RI O N x RI SOUAEB CR. GALLANT DR. ' D € - i RI opl " EW RE fl. LL MASTER K RI RI RI RA-0 RI 9 ' S � 1. RI DR.3 BURLCREST OR. S0 'BDUTINi RT DR u CF-Rm RI 1. RI RI R L .� - RIN °? J C F-E J HENTON DR. RI-0 Z RI M4 (scHxl.s E) IC2 _ SEE RI RI RI L I/ t T N.LINE TRACTS 35B1d pll4 RI OR. RI BEDEL DR. �L RI '" %0 p ..a R I R I 3 /r� wQ 3 U MUN9TER a DR z RI TRuz ON DR. o zi•ae a RI e:a CF-R 4 RI 9 RI �RI RI c RI :< r-aRK SITED "4MBV Dam RI RI RI I� o RI RI RI 1 ALLO 3 DR A se' : JRI ~ RI 'RA RI T01 T`"1 R I R I R I CHARFORD DR. m B INFORDo DR. ° Ci RI RI RI RI RI RI RI INDIANAPOLIS 7 - AVE RI a RI = RI ; CI RIFTNWD D eaDPf RI R I REILLY DR 3 RI CF-E TERN CR RI i (PETERSON SCHOOL) •SAIL CR. ti RI RI RI RI RI HERON CR MERMAID C RI i Y F W RI ILL � a. CRANE CR CR RI ¢ 2 I' R I KINGFISHER DR. RI J. R z RI RI MART CR 4RAS d. • p 3 Z RI RI g RI RI F3 a FB0 i RI SEABIRD CR ALVARADO pR 1----•: I. C4 1" RI D: RI =1 -? wERToo i •'I z _ & Q G EYELYN CR; h RI - Z eIo°m I =Rk— aJ •AK--,�M, - Io0 BB Z R C4 �.. : `. �a 6R I R I MI is ae1 g ..—.. n - ATLANTA AVE i SECTIONAL DISTRICT MAP 13-6-II I°°° >m SCALE IN IFFY ��M CITY OF LEGEND a°ixoTEs RRDRpsED iREEx,.T " HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP I 12 2 7 4 13 13 19 J � ATLANTA I) AVE IL II-w .......:d!J'. MANTINIDME 4_ CR > J = -- -°R I j I J m .0T) SnTTERCIELO DR J $ r < F M $ A. > -.. ._.. I I - B.mCx JENNY DR _ p°RSETT C4 Ig MNMENSmK _t_ C F E ARC IN W FRY Aj H 3 SCONE DRNlLNE4D 011.I u j Y STILWELL NDR. 1 9 j U III o DxE.sTER ORI I RU9INICN :� 1 N I!:piS:S.CCN4U`::7Y Pi:RF:I .0 O D STONI6E 1 °T4N.YS O C L:flF- i.Ti). _ TANK O s000. DR I FARM 0.� ■■ ••N° I°� w U HAMILTON AVE Qi r-------_____________________ m \ K II ROTARYic N, a is A D' C. r 0. D. 1 DI-2 0. cl AN STONA6E fy y0ti C, ,�`oys o a DUMP TAN" .o l ------- 1 r -------------- EIMSDN ca j---- 11( o z GENERATING ie f I PLANT PACIFIC OCEAN I , + � 13 IB 24 19 PLANNING ZONING DM 18 SECTIONAL DISTRICT MAP 16-5-II .FEET NOTE ALL DIMENl ION! ARE IN FEET. ANY CITY OF LEGEND: ATOOIEl1.YDNING NTO RIGHT CENTER OF ADOPTED JUNE 28.1960 OF INTENDED RIGHT OF w LEGEND CITY COUNCIL ORDINANCE N0.T7B Q RESTRICTED MANUFACTURING Dreralcr al SINGLE FAMILY RESIDENCE DISTRICT AMENDED .ORD.N0. AMENDED ORD.N0. HUNTINGTON BEACH 9-2-69 1521 —C LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 9-I6-69 I526 © nlDXwar COMMERCIAL I-15-73 1610 I- -75 1955 C-E F COMMUNITY FACILITIES IEDUCATION1 DISTRICT ORANGE COUNTY, CALIFORNIA LF.R COMMUNITY FACILITIES(RECREATIONAL)DISTRICT AMENDED BY ZONE CASE 1 69-17,72-40,74-19, e + R Io I) IS Ifi I! SOLSA I I AVE. C4 N I N MI-A MI-A MI-A NORTH LINE TRACTS 419I A a19a RI TASMAN DR RI Of J MI-A MI-A MI-A GALWAY CR. RI LL RI R11e RI m CASPIAN CRQ 100-MI-A-20,000 RI s RI a RI Mc FADDEN AVE. RI RI O Y 100 PARTRID CR- C F-E O 0 GE M I-A RI RI cz;;Br.:.,. s;:;=.:q:a0 O 20,000 c 100 100 a 100 100 100 100 B OTr STOR,I Da P,EA9ANf DR. MI-A MI-A L MI-A MI-A MI-A MI-A 100 DDVEwODD RI DR 20,000 20,000 0 20,000 20,000 20,000 20,000 MI-A 3 JZ z = O 20,000 QUAIL R I CR-J w O W RESEARCH DR. RESEARCH R I 100-MI-A ~ 20.DOD 100-MI-A 15,000 100-MI-A-15,000 FLAMINGO CR. RI RI 5 R3 RI ' R3 NO R3 BLUEJAY CR. RI R3 9 caoss � DR.. RDBINWOOD DR. 100-MI-A-20,000 CF-E U RI 1 4 _ SPARROW DR.= (A y ---- CF-R a J � o Z m O R I EDISON suB- a W 8 SKYLARK DR. = p STATION Q R I L7 O. C. F. C. D. " 0. C. F. C. D. EDINGER AVE. fi I+le E01=I E E2 r SECTIONAL DISTRICT MAP 17-6-10 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP A T L A N TA AVE. _ BANNING PL / w B I c O JOANN ST �- h In DnNn i OR u ;� DARRELL ST • b WILSON ST SPRR CR. I SPAR LR. / LL U < O CAPITAL STI m CONGRESS ST C r GOVERNOR ST w _�' _ t In VICTORIA - ST (r o w S =y Y O < O Q V r Io W m C = Qe2 O Z y > < HAMILTON e NA MI LTON GLENEAGLE .y rt OAK ST I- TER LINDEN PL J \ Z < / TER Z a i ¢ a / CITY OF NE W PORT BEACH 1 J zo � sr 2 � a � y EVERGREEN PL K \ DOGWOOD 51" Y j < ai1 CEDAR ST J I m 1 I AR OR ST / CITY OF COSTA MESA _ ''/'T�I"e •� 1 FT STRIP IN CITY OF NE PO Al. 19 N �ST - ,—�-1 -- "���"„'111111"///"'/// B DM 37 SECTIONAL DISTRICT MAP 33-5-II ��° 6ULE IN NOTE ADOPTED AUGUST 15. 1960 ALL DIMENSIONS ARE IN FEET CITY OF ANY ZONE ADJOINING ANY RIGHT OF WAY IS INTENDED TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE N0. 765 OF SUCH RIGHT OF WAY AMENDED ORD.NO. AMENDED ORD.NO. LEGEND: FR 1 --1 SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 7-1-71 1659 ® NIGHW.Y COMMERCIA DISTRICT 9-15-75 2010 ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: 71-9,74-5 2B 28 2B 2T 32!! SS!A RI .. ...M .2i R ,sE RI� �r Y RI `` `bFr • 1 b I . I I I I I I I I 'o Ys O °s 9 f y�u!! !!!A ! A A ! a s= SECTIONAL DISTRICT MAP 34-5—II o CITY OF LEGEND �ocxorca•so•oaco rxccw.. HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP sa sr n�xa Asia• a\ •!S TALBERT AVE. roR a � � I 7 o $ I y ; J i � �fifNO% OtNE qg y p F � 6 N ' Wdd ; .� CF—R _ (HUNTINGTON CENT RAL PARK) SVpyE l 4� 0F'p q0� —c.us x a z 0 z .......... OF co w 3 z W U G J O t7 GARFIELD AVE. aa'a. a•se • a a t PLANNING ZONING DM 38 SECTIONAL DISTRICT MAP 34-5-II xELET NOTE CITY OF ADOPTED AUGUST I5, 1960 IS I DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY IS NTE LADED TO EXTEND TO THE CENTER _ CITY COUNCIL ORDINANCE NO. 765 of SUM RIGHT of WAY AMENDED ORD.NO, AMENDED ORD,NO, LEGEND' RA REGIOE-ASRKLLTUR4L DISTRICT HUNTINGTON BEACH 6.3_1963 .970 GW9WEp WITH OIL PRODUCTION 4-6-1985 .113E COMIN WITH OIL PRODIKTON IE-5-I966 113 ® TINGLE FAMILY RESIDENCE DISTRICT 2-3-69 1467 � LIGHT INDUSTRIAL DISTRICT 6-26-70 1378 ® HIGHWAY COMMERCIAL DISTRICT ORANGE COUNTY, CALIFORNIA 7-19-7G 1606 COMBINEHI WITH OIL PRODUCTION 7-17-71 1659 COMMUNITY FICILITIES IRECREATIONALI DISTRICT 10-18-71 I681 ® CIVIC DISTRICT ® PLANNED DEVELOPMENT AMENDED BY ZONE CASE. 1-17-72 I709 p0 TWO FAMILY RESIDENCE DISTRICT 315,505,66-4%68-46,70-8,70-10,71-9,71-26,71-17,71-44,73-20,74-22,74-5 2-22-72 1722 10-15-73 1876 4-7-74 1977 9-15-75 2010 �28Y7T / 27 26 33!•/' !•SS OR- IL . cENrnAL w1a DR RI RI-CD� RI—C 132 r rEWam Da D, B RI RI RI—CD RI � OR J RIB RI , RI x RI W RI N RIB pjU RI �_ i E•EfGR d6or C F—R / ly U pg (HoriTait"or: CE!TRA; I::A.RM • / B L RI—CD W lG91 i RI' R A—O—CD e e (PREZONED) RA-0-CD RI—CD ' D4�ry ed (PREZONED) RI R A-0-CD RA-0-CD •ae��' eF,P M (PREZONED) [RA-0-j Ra —CD "CD 4GG N 8V42 51 W 93s.so RA.—CD RA-0 RA-0—CD 9,GE U x e9 19 E N9 e9 Q m $ R 33c c RA -co F a= o i RA-0 , N89-41'81'W TY8.a0' RA-O-CD OF MI-CD 3 x R --01 x' RA 01 0 RA-0-CD 'T J m E o O • Q �_ b RA-O-CD i 0 88.41'07'E II181.30' GARFIELD AVE. i 3!ro• a•ba • a. 3 Y w� SECTIONAL DISTRICT MAP 35-5-II �-. CITY OF LEGEND a OEx5TE9 FWOF06E5 HUNTINGTON BEACH FWEEWnY ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 2r 2fi 2fi 25 3�35 SS S! TALBERT AVE. r o rn RIF C F-R (::UN"'k3TON fj"NTRAL PAM(I ;RassFEa cRCT=: � rAnrm oR 3 � N ONTARIO DR J W �� ��1� C F-C DV 110N DUEB✓ EC DR (FIRE STAlAThA'1R:3 F"AC ------ a L $ ALBERTA DR g p YUKDN DR RANKLIN g DR 3 G ELLI � ay, Y P S AVE. MV^ uf:iNT:.) CDMYDDORE CR. ----PRO CORK HARBOR CFCA A (n 3 ;in5?iTAI. - Z F z W Z i+ F WQ 2 2 J O S GARFIELD AVE. 3�35 �5 5A r I PLANNING ZONING. DM 2 10 SECTIONAL DISTRICT MAP 2-6- II ° ET SCALE IN IFFY ADOPTED MARCH 7,1960 NOTE: iL DIMENSIONS ARE IN FEET CITY OF CITY COUNCIL ORDINANCE N0 754 ANr zoxE ADaoINWG ANY Rlcxr of war IS:NTE H R TO Ex WAY TO THE CENTER AMENDED ORD,NO, AMENDED ORD. OF S EN :GMT of war 6-2o-6o 773 2-21-66 1186 LEGEND: 7-I B-60 781 IO-3-66 1256 � SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH I-7 798 Io 527 R2 TWO FAMILY RESIDENCE DISTRICT 2-20-61 817 2-17-69 1474 CF- COMMUNITY FACILITIES(EDUCATIONAL)DISTRICT 6-5-61 847 IO-6-69 1606 ps OFFICE-PROFESSIONAL DISTRICT 6-19-61 B47 10-19-To 1606 FIR RESIDENTIAL AGRICULTURAL DISTRICT 11-6 9-18-e1 $69 3-15-71 1639 ORANGE COUNTY, CALIFORNIA 5-7-61 B76 2-2D-71 1691 Q LIGHT INDUINDUSTRIAL DIST DISTgILT T 5-7-61 900 12-6-71 1687 7 2 INDU9T g1Al DISTRICT 5-21-62 903 7-17-72 1760 �, COMMUNITY BUSINESS DISTRICT AMENDED BY ZONE CASE: 6-4-62 9o7 7-17_72 E762 '� wcxw4r cOMMERc:aL 10-15-62 932 9-5-72 1775 R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT :OB.123,138,147,176.177.178. 12-3-62 938 12-17-73 1889 © NEIGH ORNODD COMMERCIAL 79,[80,143,200,206,212,237, I-7-63 947 10-IS-73 1876 FM MULTIPLE FAMILY RESIDENTIAL 244,248.269,282,288,302,331. 2-4-63 950 COMMUNITY FACILITIES(CIVIC)DISTRICT 8-20-65 978 8 978 —" SETBACK LNE 333,379,473,505,545,66-40,68-18,68-52,69-23.70-10,70-28, 1-6-64 1028 01 COMBINED WITH OIL PRODUCTION 71-IB,71-32,72-16(F),72-I6(L),72-23,73=22,73-20, _ 4-5-65 1 320 -01 r--C-D-1 CIVIC DISTRICT iris`•, JI IGARFIELD I I I I - / / ---_ - - - - --. - --. I I AVE.(+ j cl 2 , -0< R3 530 N Q n MIA 3DD �p� R5 C2 c� MI a1 R3 �4 R2 R 2 m O O RA-0 �` N LIE BILK W03 83004 SO a RA-Om R3 ; Rz E 9 V TR R 2 I C4' a "I R2 MI R 2 i R3 MI (no'. R5 0 - �a R2 3 I 2B012 CLAY Iss'--j AVE. C2-0-CD AW �2-a,�! R3A 2.- e' R qR R3 cz' I:r--saR;c;-1 a " R4' R3. RI-0 'RI-0 0 "130�2D R2 2� - R2 5 I I5 A6C sJ �� I O N/+ WEN--- 4VEC2-0-CD N C2-0 •2L Aj.se zooE To _M-oI M2-O RI ', 3 ~'Ilos ,o 9•>, . E TR 3950 I NILLIAMS AVE. N $I_cz-oNDt� N4 R M2-0 Co 1 A.T. -234 w ybNO° U p pb�� Z , 71, -1-1 =1 = , U zA R2Uj R2 R2 RI-0-CD N y` R 2 41 B o C2-0-CD N N _R3 R2 $ C4,5 230 MANSION YORKTOWN AVE. 9.9Yse'E 165 34,.99 Ff RI-01-CD� 63,a I y=5S$x'�9•s$a-4-+9 a�F - EMI 3D00: ' rr F-C , � 63 CF-E-CD ;:.::: .. :R) yA g R2-0-CD 501 """ W ACO AVE M2-0 R2 C21 M2- UIG Hi B:- p 0 U yM20C I� =CF-E-CD " 0 9 4 JAY LR. I I O N CF-E W co O o 1 p M2-0-CD R2 1 I N U VENICL AVE. O a I GQ cOi I 2-0-C ¢ 33o JR4 cj �„94e4x rztl-E "E of OT,cA UTICA VE. „e,BIAw° oN� o o Q Oz ARN2-0 R2-0I ra: crRI-DI N N ,x"°5'W clj , E I RI RI R2 CU NO 0o RI -O IClj ¢ SAreE R R2R1 I SPRINGFIE LID C4 o _ R2-0 R2-0 O d O I _ O LLTA WRDR. d 6' d O I I � N z N N N N N N U 4` � O R 2-0 0: K K D ¢ K n OR N� ? Z RI RI RI RI RI R2 N -NROCHESTER O a AVE. 0W-0W' ` R3-0 i O Q AN ° 1 ED yb,4R2 RI-0 4jr a 11 a R3-0 § ¢ �a ¢ o R3 0 A R3-0 3 :) ;;�•_Q>'•�. RI-0 ADAMS AVE RI l � | T - PLANNNG ZONING -DM 12 SECTIONAL DISTRICT M-AP II-6-II LEGEND: C CITY OF ADOPTED MARCH 7, 1960 C CITY COUNCIL ORDINANCE' NO.754 NM Po9.LEHONE DISTRICT M LANNED DEVELOPMENT DISTRICT AMENDED ORO NO. AMENDED ORD.NO. AMENDED ORD_NO RI. SINGLE FAMILY RESIDENCE DISTRICT 3-20-60 ]58 2-I6-7I IgJ3 ® TWO FAMILY RESIDENCE DISTRICT HIJNTINGT®N BEACH g-19-fit 847 5-3-71 645 ® LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT II-6-61 B]6 7-6-7! 1853 � MULTIPLE FAMILY RESIDENCE DISTRICT o_1 929 -I-71 1a82 C] GENERAL BUSINESS DISTRILT 0-1-62 E i2 -7 817 12-3-62 938 22013 181) I L1GXT INDUSTRIAL DISTRICT 8-5-fi3 992 B-5-74 1923 CFT COMMUNITY FACILITIES(RECREATIONAL DISTRICT 8-19-63 996 8-5-79 930 ORANGE COUNTY, CALIFORNIA °fi' "G g'" "� ® COMMUNITY FACILITIEPROFESSIONAL LIST I DISTRICT 1-I]-66 I!80 �5 OFFICE PROFESSIONAL DISTRICT 7.5-66 122G1 ® NEIGHBORHOOD COMMERCIAL DISTRICT AMENDED BY ZONE CASE i 6 67 1258 ® COMMUNItt BUSINESS DISTRICT 4-I)-67 1316 ® HIGHWAY COMMERCIAL DISTRICT 101.174.175,201,237,266,281,282,342,347,484,536,S4S,66-23,66-41,66-68,67-5 9-Ia-s7 134E �7 DESIGNATES PRECISE vux OF STREET ALIGNMENT 8-18-67 1349 67-16,67-22,68-39,69-14,69-13.69.55,PP70-2,70-10,PPTO-4,7I-3,71-10,71-29,72-33,72-43,73-26,74-7, .6-697 I463 }coMBwEO WITH OIL PgooucTloN - 7-21-89 ISM Em T-� 8-4-69 1515 SETBACN LINE 7-fio70 1584 ® LOMB:NED WITH OIL PRODUCTION �2 10 II I l 1019-]0 1808 IN AREA NE,SEVO BY PALM �I\2 �I \v' ON NW, MEAN AVE.EN S.T/ ADAMS AVE. ON NW,OCEAN AV.ON 5W„ B SEVENTH ST.ON BE. V LJLJ LJLJ ULJ I I I I I _I �� L_J I I I _ I L 'P° 15 RI-0 +• 92y RI-0 RI R-I F R-I R-I R2 H- i-$1,� ---_`-------� - - - R5 ---CQ--� .� ���� s + $p D UETEE], N �C4 Go3ao R3-D 0 tib . IPORTLAND AVE•ei AVE. N R5-0 0 ' RI M R3-0 O PORTL4ND CR - R5-0 :ry RI RI RI H-.H ER2 R3-0 R3-0 R5'o m w4'• RI-�B So 05WEGO AVE. AVE. 'I C F—E HiRTEE NT M G RI RI R3 00 0 0 0 0 0 C41 F ¢ CC _ ResrD. RI RI Y6 R I Or��, NR3-0(:�WYER;i C:?OCi) C R y M NASHVILLE AVE_ R2-PD-10 RI RI `� ' R5 I RI RICF-R200 -h A L.k." =-:.;i'fl - MEMPHIS AVE. cli 300 2 if,•� h CF-R R 2 ELEVENTH ST m o: rc s H y y 13' RI i RI M LINCOLN AVE. -R3 I C4 Rhti rR2 RRI R2 �a oo ao 00 . Cy RI ENrp a RI R2 s N N N N_ N N N �R I RNO%VALE AVE. � RI � R2 f M JOLIET. - AVE. 0: R3 R2 �R2 R� � 71 R2- a R3 R3 0 135 Q b N� F— R2 W s ¢ 0�2 R3 C Q AS- INDIANAPOLI AVE " e' J q3 R3R3 M R N 00 00 Do R2 ry. , ly CF-C 2 N N N N_ N R Z P SO Oq7 hA D. R 2 it HARTFORD f_ H 'n oo r _ � R 2 � GE �Tv ' R36 R3 EH Ej 'C3 FRANKFORT 2 • G Moaao� I as2 G 4 U U ELMIRA AVE.' sDy P < Ar G� h M R 3 ¢ RCli D= - �r MFi-2` M In- lbDETROITa � �R3^J L.O CHICAGO O AVE I Q Q < H R2 W cj aJ < R3 R3a R 39l ' GG OG'S 9L G 2 G� / d' Q BALTIMORE AVEE a+ 'T 1 - R5 Ci,�C i 3 G'b f dP�,� o f �' �j,�D R 3 M - R R5 a✓/>,o3ei.�9 z�D c f R5 i C G� G r�4j neI 4s rR_i3. m fl3 _y.j g3 a p p3 G ti?0. Q ATLANTA o lowAVE ,L SCALE IN FEET NOTE: \ ALL DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY 15 INTENDED TO EXTEND TO THE CENTER OF SUCH RIGHT OF WAY F u t SECTIONAL DISTRICT MAP 12-6 —IIa SCALE IN FEET CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVE z r Iz T ti 8 - NORTH NY OR � Y p 3 C J 4 ~ R NANTON CR. VI9CdIN q g u) 0] 9 Y N C LL9HwE M. J MILLBRIDO - KNIGHTSMI 33 OR. EA AN NORFOLA DR. - KELSO OR ' zz �{ J Mm C G1L�LANT Q OR. U CAPE EWBM49iER IC 3 i ¢ 3 u y DR.i BURLCHE9T DW d 90uTNPoRT Dq.0 CF- > r (PARK)R LART�R �i N p OR. CF-E HENTON DR. y4, (SCHOOL SITE) EE E z R. BED Dq. MLLD J w a J MONSTER $ DR R DR. (PAR T E) MALLOY Pqy�Dq= agA DR $ 3 a w W $ CHARFORD pR. w R o DR. ii 7 INDIANAPDL15 � � J Df71FTNg00 - REILLY DR 2 Z J C C F-E TERN CR Pi SAIL CR. HERON CA 0 MERI.1410 C CRANE CA . KINGFISHER DR z Q V MARY CR CRR , J � 0 ERETIDE p I Q lEABWD CR ALVMADO D0. = R EVELYN CA CA9TILIAN OR ,'l^. m Z .shy..-ice j\ SNOWBIRD DR Q i Iq IZ1 n/ —+� JZ + ATLANTA AVE 1 PLANNING ZONING DM IS SECTIONAL DISTRICT MAP 12--6 -11 ETS SCALE H FEET NOT E ADOPTED AUGUST 15,1960 ALL DIMENSIONS ARE IN FEET CITY OF CITY COUNCIL-ORDINANCE N0.7&5 ANY kD aoJOIN NO ANY RIGHT OF war AMENDED ORD.N0. AMENDED ORD.NQ R INTENDED To E%TEAD TO THE CENTER 2-6-61 814 8-7-72 1767 OF SUCH RIGHT OF wAY 5-6-61. 839 8-6-73 1862 LEGEND' I2-4-61 877 O 5-7-62 900 HUNTINGTON BEACH23 .362 03 .1-21-63 948 © NEIGHBORHOOD COMMERCIAL 6-3-63 969 O SWGLE FAMILY RESIDENCE DISTRICT 2-3-64 1039 0 LOFAMUNITY BUSINESS DISTRICT 8-19-64 1079 ORANGE COUNTY, CALIFORNIA 16-7-64 5 El] COMMUNITY FACILITIES(RECREATIONAL)TIONALI DISTRICT 6-15-5 1145 © HIGHWAY COMMERCIAL DISTRICT II-15+65 1165 CF- COMMUNITY FACILITIES(ED UCATION)OIS?KILT 1-3-66 1177 RESOENTIAL AGRICULTURAL DISTRICT AMENDED BY ZONE CASE: 6-67 '290 145.I61.213.215,237,261,300,316,394.461.402.514,531,540,66-62,66-66 6-19-87 1330 SUFFIX LEGEND! 67-22.70-10,7I-11,71-12,71-34,PP 72-5,73-12, 9-18-67 1349- 10-19-70 1606 .p=� 01-COMBIN.NG DISTRICTS 7-17-71. 1650 9-7-71 1857 SETBACK LINE 12.20.71 1702 2J-\` J l ADAMS it AVE I A L z + -12 T ,�`-I RI RI L 11 _ R I Y L c2RA-0J RI- NORTHPORT OR CR OR RI RI RI RI l . RI RI Ef`LR. RI RI �• `I-0 J B 0 HBAY CR NA%TON C VIBCGUNf IRA-01 sRI= RI RIORG RI RI RI PFIINCE65CR BELLS w. J 1 i RI _ RI R RI-OI MILLBRIGGE CR RI I A RIw % RI RI _ RI NNIGHSCR y IDB Y' OR. oRA 01 =1% R I $ NED E E x ¢NORFOLK OR. KELSO OR ¢ R I RI RI OR 7 RI-01 au m UCA o RI RI J RI J SOU m CA. GALLANT DR. 3 - Y RI -I I o Rl HE BURr LL WJTEq & R I R I R T J IRA-0 RI a - R I V OR' ST DR BURLCRE - `I A - SOVFXP RT DR. CF-R � a La RI � RI _ � � RI _ u4.00 o N04N b �Y 1 I C F E NEWTON OR. R I-0 R R I .g2f RI RI ISCHO01.SITE) RI 1 � � � NI IC2 / 2 J DR �JN R BEDE DR. NI LINE TRACTS 3595d 4114 WIL RI RI S0 34<s RI w RI J c J e 1 0 O DR RI TRUKTON DR. 4 zJ� W MONSTER R `-338 RI C RI 1RI RI c RI CF-R oaNBY a RIDS s�3 RI RI .RI cP:>.=K 9r ) RI �I l� 3' RI RI 4LLOY _ DR a 4� ; s RI RI . RA RI 07 U R I R I R I LXARFORp DR. m SAINFORDo DR. �'S o RI RI RI RI RI RI RI _ AVE INDIANAPDLI6 - - 7� RI iRI RI -D 1 1" CI DRIFTWOOD 0 1 RI REILLY RI DR I J J RI C R I C F-E TERN CR (PETER-'.ON SCHOOL) RI I SAIL CR I L; RI i� RI RI RI HERON CR MERMAID . RC RI I RI e W a-:a CRANE CR s NSET CR I R I m R I KINGFISHER cR 1 N A = RI 3 a NARY CR VARAS w. R I ,�,, 0 RI ' RI g Ri '= RI a RI f LSO /� SE481RD CR ALVARADO OR - Ci`T U RI RI L)I PUEROD - Z f f (1 = ryi G EVELYN CR 3 CA-LIAN 0� 4 w a RI RI RI a °° m '1 1 NOW BIRD OR J �lt 95 Z C4 RI $ RI W�IJ_1 8 ��4 = — -- — m -- -.. - +r 13 1B i'` ATLANTA - AVE N SECTIONAL DISTRICT MAP 13-6-11 1000 T a¢ DL?LE IN FEET � CITY of LEGEND a DENDTEE PRDFDEU F.U.. HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 112 12 7 4 I3 3 IB J L ATLANTA n AVE r I WRTINI E DR S $ ".ATTE.11 - 16LDI-I KiIlBON).MNT) lJENNY DR N..aE �. ._ CF-E ARC R -_ N=n�sR A RAW DR FRY Rj Q 3 ?L EDDNE IILNEAD tll.9W DR O fIU9INCN OMUETEII DR ::� CF-R ('T:SON COMMUNITY PARK) 1 3 8 O O °JFONAff O 1 °/AMN9 i M.TTER.E Q DR ci a sr> TANK ..NDY N FARM O O O.■ `■ "; 11-01.N R/W _ Ir U HAMILTON AV Qa --------------------------Ld m \ C c ROTARY 1D C. D. DI-2 --I c D M U D DUMP WINW ; mI co ° STONI6E yQti � 9S�, O O p. /AN" I t I ' O � ' f a¢ T O I H,. ,EDISON CO. �� a Z GEFERATM ii; 11 (J' u^). RANT PACIFIC OCEAN 13 IB 4 19 1 , PLANNING ZONING DIM 18 SECTIONAL DISTRICT MAP 16-5-II NOTE •u D1r[Nvax] •Ile 1x rttT. ■//��� - •N' [Oxt •DAlx IxO Y PTWT Or \/.ITY OF ] TEND[D TD t.T:N:~u0 t ttNT�gY ADOPTED DUNE 2!,IOEO a fucN NI-T or r r LEGEND CITY COUNCIL ORDINANCE N0. 77B Cl sTR,cTen r •cTURINc DISTRIci �7 51NDLE r•Nll♦ R[SIOENC[ DISTRICT AMENDED ORD.NO. AMENDED ORD.NO. HUNTINGTON BEACH 9-2-69 32131 rP;] UW ED YOLLVLE[•NILY RCSIDENCE 0IP RICi 9-16-69 26J —WAY DDInENCUL I.13-73 IB10 CE E COrMIINITr 1•C101-IEDOCATIONI DISTRICT ORANGE COUNTY, CALIFORNIA o DDNrUN—T•C1LITIES IxEGRE•TIONILI DISTR.CT AMENDED BY ZONE CASE:69.17,72-40 BOLSA I I AVE L ILI C4 �` F M I -A M I -A NORTH LINE 'i R•CTS •14]4194 RI TASMAN DR J - 2 �r I GALWAY c—J o RI z RI RI RI e RmI � I' -MI CASIN 100 -A-20000 AVE. RI ` o 100 PARTHDGE CR. CF—E O Q MI—A RI !ns:.,_.;,: .,.a:.: a Q o 20,000 o RI 100 100 a 100 100 100 100 DO=]Tft i1EA54NT LR < N MI-A WA - MI-A MI-A MI-A MI-A 100 t, RI a RI 20,000 20,000 0 20,000 20,000 20,000 20,000 MI-A DOVEWOOD DR Q �N R I- Q UAIL CR RESEMCN 011 iESEARCN 0O-M-A 2D,DDD 100-I�II-A-15,000 100-MI.A-15,000 r z. FLAMINGO CR RI RI C -- R3 RI ' R3 R3 BLUE.WY CR.g RI R3 Y R I � � I cRoss � DN. c� C F-E ROBINWOOD DR r UJ u RI N SPARROW DR, M I—A ..._224A..-- CF—R J Z coR I I ED!SDN SUR ci - SKYLARK OR- STATION RI O. C. F C D. 0. G F. C. D. r EDINGER AVE. W A SECTIONAL DISTRICT ' MAP 17-6-10 L ¢� CITY OF NOW HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP _ A T L A N TA AVE. I 1ey J BANNING PL 6 $ t ¢ JOANN ST N `.I_I•..I I DARRELL ST D. I OJE u VRFf CR. WILSON $T R CR. U I � J CAPITA L m 7 SENATE ST N CO IGRESS ST_ � C rGOVERNOR ST Q -Jk -J" r► N VICTORIA ST C 0 O O ) ' m L� QT W O j Q Z MAMILTDN > NAMILrON u sr OLENEAGLE .r ¢ OAK ST ti LINDEN PL 7 < I ` u z \. GROVE P < ¢ 2 a z a CI r -of-momr-SrArn • m sr a � z O \ a • E N PL W bl _ O \ / DOGWOOD ST m C D ST �W C I T r O F COS T A M E S A • I FT STRIP IN CI Y OF N A ••� IY ��• Si+� ]R= DM 37 SECTIONAL DISTRICT MAP 33-5-II eauc IN Fcn NOTE: CITY OF ADOPTED AUGUST IS, 1NO. ALL OWNS ENDED O ARE IN FEET ANY ZONE ADJOINING ANY IOW OF WAY CITY COUNCIL ORDINANCE N0. 783 O INTENDED SIGH TO EYTEND To THE CENTER Or SUCH RIGNT OF WAY AMENDED ORD.NO. AMENDED ORD.NO. LEGEND:. Q SINGLE FAMILY RESIDENCE DISTRICT I�UNTINGTON BEACH 7-17-71 1639 Q NIGNWAY COMMERCIAL DISTRICT ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: 71-9. 2925 28 2T 32 33 53 3� B. RIB sE .•r • A °• ,A.N . . IW 5` R r C4 I I I I I i i i 'o S9 s q 9 �f' C ��l C it f �T 32 33 �Y 3]N S 9 4 3 u.v SECTIONAL DISTRICT MAP 34-5—II [.. xE[lrw s CITY 01 LEGEND a a[x0�[[RROFa][a FREE�'.v HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP seln v.aa aa'a. TALBERT AVE. 55 11� IIWJIJII 11 s j � �REKOIt OIdvE N � s N � I C F-R (HUNTINiTON CENTRAL PARK) 4y� � .` PCB LL ml.... . .......... 0F' ate ` C Y 2 Q I m Z O U 2 Z OF f N W 3 Z W G J O O GARFIELD AVE. 1 as a. a.se PLANNING ZONING QM 38 SECTIONAL DISTRICT MAP 34-5-II NFE-o°° NOTE ADOPTED AUGUST .I3, 1960 ALL DIMENSIONS ARE IN FEET CITY OF ANT ZONE RIGHT IND ANT ROOM OF WAY IS INTENDED TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE N0. 766 stoo l ol RwHr DF rAr AMENDED ORD,NO, QED ORD,NO, LEGEND; RA NESIBE——IOILTVRAL DISTRICT 6-3-1963 .970 CONDONED WITH OIL PRODUCTION HUNTINGTON BEACH 4-3_I665 .1132 � OOM9NED rTN L PRODECTION 12-5-1966 .1271 NI SINGLE FAMILY RESIDENCE DISTRICT 2-3-69 .1467 YI 4GMT INDUSTRIAL DISTRICT 6-26-70 1576 © HIGHWAY COMMERCIAL DISTRICT ID-19-70 I606 C0 SPED WITH OIL PRODUCTION ORANGE COUNTY, CALIFORNIA 7-17-71 1659 ® COMMODITY FACILITIES INECREATIOMALIDISTRIf,T ® CIVIC EDDISTRICT DEVELOPMENT ID-IB-71 1661 P.LANNEO DEVELOPMENT AMENDED BY ZONE CASE - 1-naz 1709 ® TWO FAMILY RESIDENCE DISTRICT 315,505,66-49,66-46,70-8,70-10,71-9,71-26,71-17,71-44,73-20, 2-22-72 1722 _10-15-73 _ 1076 �1 •za-n allS J/� 84 35 rwILPORI LpE DR' TALBERT AVE. RI RI-CD I R-CD ,2°. R RI RI-CD .0. . RI DUX OR J RI; RI RI ; RI g RI N C4 RI � ® U i NAE,DR C F—R LL X U (HIiNT!NGTON CENTRAL.PARK) to R2—PD-( , Or „w W'De ! $ en RI ewe RA-0—CD / ,," D S9° (PREZONED) RA-0-CD 'J•= ° I RI—CD = I �p6gY (PREZONED) R I RA-O-CD RA-O-CD °Je 1 '�• RA•O-CD RA-O-CD , (PREZONED) —CD ! n N 89.42'81"W RA—CD 1000 959.fi0 = RA-0 RA-0—CD 330 �N es u E saNea aaD z 0 R z e 3- w i I i RA-0 N SO'41'81•W 728.; RA-O-CD OF 65993, M1-02 »a ad MI-CD 3 �R7A-01 x RA-01 RA-O-CD - i 61 L---4 oc o _ W W /;89' _ _ RRA-O-CD T'E N6 GARFIELD AVE. ,.a4 34 36 2 3 a w� o� SECTIONAL DISTRICT MAP 35-5-II CITY OF LEGEND a DE—El--E.FPEEwav HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP zz zc ze xa WIN TALBERT AVE. H G N ' J m C F-R oRai:;E 91�71 TO!11!!!!!! .... .... .... nM1I-vR GRCT � TaTIDR DR N N ONTARIO DR 'A'•�Sil`i J CF-C DVfM CR -�DV�-`CDS (iRE STAJATRXNUGa FA!' ------ g 4LBERTA DR a NNLIN g DR YU®_ App ELLIS AVE. COMMODORE CR. -RRO Coax "ARBOR e '.G_MCAL ERS HEZ W 3 z o z � z w 91 FER D1.ra- '.li.l.YTA Z F W -1 ......w z C) 3 Z < _ F J Z 35]! GARFIELD AVE. !a]5 3. z I s:• ° HUN="?NGTON BEACH MUNICIPAL CODE CHANGES _ (Updated 10/15/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Page 163 Page 163 165 - (Title 7 repealed) 167 - 169 - 171 - 173 - 175 - 177 - 179 - t 181 - 183 - 185 - 187 - 188-1 - (Effective 10/6/75) Title 7 ANIMALS RESERVED (The next page is 189. ) 163 \ 7•.04. 010 + Title 7 ANIMALS Chapters 7. 04 General Provisions 7. 07B Animal Control--Impoundment 7. 12 Dog and Cat Licensing, Vaccination and Breeding- 7. 20 Farm Animals and Fowl 7.24 Wild Animals and Reptiles 7. 27 Animal Care and Control Commission . Chapter 7 . 04 GENERAL PROVISIONS Sections : 7 . 04..010 Definitions . 7.04. 020 Animal premises kept clean._ . 7. 04. 030 . Keeping animals . near inhabited structures . 7. 04. 040 Dead--Dies in veterinary. 7 . 04. 050 Dead--Retention. 7:04. 060 Dead--Carcass disposal . 7. 04. 070 Manure--Storage and removal. 7. 04. 080 Manure--Premises .ordered cleaned. 7.04. 000 Animals prohibited in food handling.premises .. 7. 04. 100 Transporting on motor vehicles . . 7.0.4 . 110. License fee 'a debt. 7. 04.120 Diseased--Keeping prohibited when. 7. 04.130 Rabies--Provisions applicable . 7. 04.140 Noisy animals . 7. 04. 150 Traps prohibited. 7 . 04. 160 Provisions interpretation.. 7 .04. 170 Exercise of authority. 7 . 04. 010 Definitions : For the purpose of this chapter unless it is -plainly evident from the context that. a different meaning is intended, certain terms used herein are defined as follows : (a) "Animal" includes any beast, poultry , bird, reptile, fish or any other dumb animal . (b) "At large" means an animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner -of such animal, or confined within an automobile. 163 7.0W..020--7 .0 050 (c)- ..:"Cat .kennel" means any place where three (3) or more feline animals are kept or permitted to remain. "Dog or cat" includes female as well as male dogs or cats . (e ) "Dog kennel" means any lot , building, structure., enclosure or premises wherein three (3) or more canine animals over the age of four (4 ) months are kept or .permitted to remain. (f) "Horse." . includes mule; burro, pony, jack, hinny or jenny . . (g) "Owner" means any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal . (h) "Person" includes any firm, partnership, corporation, . trust or association or person: (Ord. 1905, 3/74; Ord. 1279,_ 1/67; Ord. 8853 1/62; Ord. 189-, 2/18) 7 . 04. 020 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (Ord. 885, 1/62 ) . 7. 04 . 030 Keeping animals near inhabited structures . a) No person shall keep any animal, fowl, or bird, wild or domestic, other than dogs , cats , canaries , birds of the psittacinae family, within fifty (50) feet of any inhabited structure, .school or hospital provided, however, that when any person keeps more than four (4 ) birds of the psittacinae family he shall keep such birds at least thirty-five (35) feet from any of said structures . (b ) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine note to exceed One Hundred Dollars ($100) . (Ord. 1905, 3/74; Ord. 8853 1/62) . 7 .04. 040 Dead--Dies in veterinary. Every person owning or operating any veterinary hospital or other establishment for the treatment of animals , shall give written notice to the owner of any such animal left in such hospital or institution for treatment, of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution. (Ord. 885 , 1/62) . 7. 04 . 050 Dead--Retention. Every person. owning or operating any veterinary hospital or other establishment for the treatment of animals. shall hold any animal which dies therein for period of twelve (12) hours after written notification of the death of such animal has been sent to the owner thereof. (Ord. 885, 1/62) . 164 1 t 4 . 060--7. 04 . 090 7. 04. 060 Dead---Carcass disposal. It is declared to be a nuisance and no person shall cause; suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a pe- riod of more than twenty-four hours , or to bury the carcass of any animal upon the premises owned, controlled or occupied by him or it in the city. (Ord. 885 (part) , 1962) . 7 . 04. 070 Manure--Storage and removal. Every person owning or occupying premises where manure from any horse , pony, mule, cow, pigeon, fowl, rabbit or other animal accu- mulates shall provide for the removal of such manure daily. Unless all manure accomulated on any premises be removed daily, boxes , bins or receptacles of a design and contruc- tion acceptable to- the health officer shall be provided by the owner or occupant of such premises , and such boxes , bins , or receptacles shall be used only for the purpose of contain- ing the accumulation of manure , which shall be 'placed there- in or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated plants , vines , vegetables , lawns , bushes or trees , or to manure kept by .any nursery for commercial fertilizer purposes , unless. such manure creates a nuisance either from fly breeding or excessive obnoxious odors,. Said boxes , bins or receptacles shall be constructed of brick , stone , concrete , metal or wood lined with metal or other sound material, and shall be proof against access to the contents thereof by flies . The contents of the boxes , bins or receptacles shall be re- moved once a week. (Ord. 885 (part) , 1962) . 7. 04. 080 Manure--Premises ordered cleaned: No -person who is ordered by the health officer or chief animal control officer to clean or disinfect any stable , barn, corral, stall , pen, coop, building or place in which any horse, pony, mule , cow, fowl , bird or other animal is kept, or who is -ordered by such officer to clean or disinfect any box, bin or recep- tacle used for the accumulation of manure shall fail, ne- glect or refuse to clean and disinfect such stable , barn, corral, stall , pen, coop, building, place , box, bin or re- ceptacle. (Ord. 885 (part) , 1962) . 7. 04. 090 Animals prohibited in food handling premises . (A) No person shall bring any dog, cat or other live animal , or permit any dog, cat or other live animal to be brought into or to remain in any room or place; other than a private home where . food is not handles for commercial purposes , in which meat, fish, game, .poultry, fruit, veg- etables , bakery goods or any other food or food product is 165 7 . 04. 100--7 . 04. 131 stored, kept, held, prepared, exposed or offered for sale , or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported, provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. . (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 04. 100 Transporting on motor vehicles. (A) No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not. (B) A violation of this section is an . infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974: Ord. 885 (part) , 1962) . 7. 04. 110 License fee a debt. The amount of any license fees imposed by this chapter shall be deemed a debt to the • city and any person keeping any animal without having ob- tained a license and registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the li- cense fees and penalties imposed and required by this chap- ter to be paid for the privilege of keeping such animal and it shall be the duty of the chief animal control officer to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person for a vio- lation of this title or any other applicable provision of this chapter. (Ord. 1835 , 1973 : Ord. 885 (part) , 1962) . 7. 04. 120 Deseased--Keeping prohibited when. No per- son shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the health officer of the city. (Ord. 885 (part) , 1962) . 7. 04. 130 Rabies--Provisions applicable. Wnenever it is suspected that- any animal shall have been bitten by an- other animal having, or suspected of having rabies, all rules and regulations under Chapter 7. 12 of the Huntington 1 166 7 ..04 . 140--7 .'04 . 170 Beach Municipal Code_ shall apply where applicable substi- tuting the word. "animal" for "dog. " (Ord. 885, 1/62) . 7 . 04 .140 ' Noisy animals . It is a nuisance, and no per son shall keep, maintain or permit upon any . lot or: parcel of. land within the city under his control, any animal or .animals, including any fowl or fowls , which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any consider- able number of persons . A violation of this section is an infraction, and upon ,a conviction shall be punishable by a ' fine not to exceed One Hundred Dollars ($100) . (Ord. 1905,, 3/74'; Ord. 1279 , 1/67) . 7 . 04 . 150 Traps prohibited. No person shall set or use any spring steel trap, No. 1 or larger, in the city (this section shall. not prohibit the use of gopher traps. (Ord. 885 , 1/62).. . . 7 . 04 .160 : Provisions interpretation.. Whenever any ref- erence ..is made to . any portion of this chapter such reference applies to all amendments and additions thereto now or here- after made . The present :tense includes the past - and future tenses and the future, the pres-ent . (Ord. 885, 1/62.)_. 7 . 04 .170 Exercise of authority. Whenever 'a power . is granted to, or a duty imposed upon the chief animal control officer and other public officers, the power may be exercised or the duty may be performed by a deputy of -the officer or by a ..person authorized, pursuant to law, by the officer, un- less this chapter expressly provides otherwise. (Ord. 885, 1/62) Chapter 7 .08 ... ANIMAL CONTROL--IMPOUNDMENT Sections-: 7 . 08 . 010 Chief animal control officer--Established. 7 . 08 . 020 Chief animal control officer--Police powers . 7 . 08 . 030 Chief animal control officer--License and tax powers . 7 .08. 040 Chief animal control officer--Duties . 7 .08 .050 Interference with duty of control officer. 7 .08. 060 Entering upon premises . . 7 . 08. 070 . Exhibition of animal license . 7 .08 . 080 City animal shelter. 7. 08. 090 . Impounding from public property. 167 7. 08. 010--7. 08. 050 Sections : ( Continued) 7. 08. 100 Impounding--Care . 7. 08. 110 Impounding--Reclaiming animals . 7. 08. 120 Impounding--Fees. 7. 08..140 Impounding--Destruction. 7 .08 . 010 Chief animal control officer--Established. The chief animal control officer may be either a person, firm., association, corporation, another municipality or the county of Orange, as determined by the city council. • The chief animal control officer shall serve for such period of .time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council. The chief animal control officer is authorized and directed to perform, in conjunction with and under the super vision of the city administrator, the powers and duties here- in bestowed upon and required to be performed by the chief. animal control officer. (Ord.. 1815, 2/73; Ord. 1279 , 1/67; Ord. 885 , 1/62; Ord. 189, 2/18). . 7. 08. 020 Chief animal control officer--Police powers . The chief animal control officer shall be vested with the necesssary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it .shall be his. duty. to make arrests and issue citations for violations of any of the provisions of this title . The chief animal control officer shall enforce all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals and. to the prevention of cruelty to dumb animals . The exercise of said police powers shall be under the direct supervision of the city administrator. (Ord. 1815, 2/73; Ord. 1279, 1/67; Ord. 885 , 1162 ) . 7. 08. 030 Chief animal control officer--License and Tax powers . The chief animal control officer shall be vested with .the powers and duties of a license inspector and shall have the power to collect the license fees and to issue the ani- mal license and tags prescribed herein. (Ord. 1815 , 2/73; Ord. 885 , 1/62 ; Ord. 1895 2/18) . 7 .08 . 040 Chief animal control officer-- Duties . It is made the duty . of the chief animal control officer to enforce any other sections of this title whether enumerated as a duty or not . (Ord. 1815 , 2/73; . Ord. 885, 1/62) . 7. 08. 050 Interference with duty of control officer . No person shall rescue or attempt to rescue any animal men- tioned herein from the possession .of the chief animal control 168 7. 0b . 0.60--7 . 08 . 100 officer. nor interfere with. the chief animal control. officer or his- deputies , in the performance of their official duties . (Ord. 1815 , 2/73; Ord. 885, 1/62) . 7. 08. 060 Entering upon premises . The chief animal con- trol officer ' or .deputy animal control officer or any police officer of the city is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking, up, seizing or impounding any animal found running at large , or staked, herded or grazing thereon, contrary to the provisions of this chapter or for the . purpose of ascertaining whether such animal is licensed as provided in this chapter, or for. the purpose of inspecting the premises to ascertain whether . any law of the city or state relating to- the care, treatment or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated, provided there is probable cause to believe there is a violation. (Ord. 18.15, 2/73; Ord. 885, 1/62) . 7..08 . 070 Exhibition. of animal license . No .person .shall fail or refuse to. exhibit the registration- of- any animal re- quired to be licensed .by this title when required to . do so by. the deputy animal control .officer or any police officer. A violation of this section is an infraction, and upon .a con- viction thereof shall be punishable by a :fine not to exceed one hundred dollars . (Ord. 1905, 3/74; Ord. 885, 1/62) . 7 . 08 . 080 City animal shelter. - There shall be provided by the city or by the chief animal control .officer, upon such terms and -conditions as shall be named in a contract executed by and between the chief animal control- officer and the legis- lative body of the city, a suitable building or enclosure to keep and safely hold all animals herein. enumerated which are subject to be impounded, which shall be known and designated as the "city animal shelter. " (Ord. 1905, 3/74 ; Ord. 885, 1/62; Ord. 189 , 2/18) 7 . 080 . 090 Impounding from public property.. It shall be the duty of the .chief animal control officer to take up, .impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court , square, park or other place belonging to or under the provisions of this chapter. (Ord.. 1815 , 2/73; Ord. 885, 1/62; Ord. 189 , 2/18) . 7 . 08. 100 Impounding--Care When any animal is to be impounded, it' shall be provided with proper and sufficient food and water by the chief animal control officer for a period 169 7. 08. 110.--7. 08. i20 of at least five days . The chief animal control officer shall immediately notify the owner thereof, if known to him, by written notice or by phone . (Ord . .1815, 2/73; Ord. 885 , 1/62; Ord. 189 , 2/18) . 7 .08. 110 Impounding--Reclaiming animals . The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the chief animal control officer of the costs and charges hereinafter provided in this chapter for impounding and keeping said animals . (Ord. 1815, 2/73; Ord. 885, 1/62 -3 Ord.. 189 , 2/18 ) . 7. 08. 120 Impounding--Fees . The chief animal control officer shall charge, receive and collect the following fees for services and impounding animals : (a) For picking up and impounding: Any dog, First impound - $5; second impound - $7 . 50 ; third impound and each impound thereafter - $15; Any cat : $4 ; Any large animal: $20; Any medium-sized animal: $8 . (b ) For delivering impounded animals to their owners : $4 . (c ) For daily care and feeding: Large animals (horses, cows and animals of similar size) : $2. 50; Medium size animals (goats , sheep, pigs and animals of similar size ) : $2 .50; Dogs , cats and miscellaneous smaller animals : $2 . 50; For any animal under quarantine, the daily care and feeding is doubled. (d) For placing impounded animals: Any dog: $9 plus license and rabies shots ; Any cat : $5; All other animals , market value . (e) Veterinary care for impounded animals : Dogs , cats or other small animals , per treatment : $10 ; Medium or large animals , per treatment : $15 . (Ord. 1905 , 3/74; Ord. 1815, 2/73; Ord. 1557 2/70 ; Ord. 1279 , 1/67; Ord. 1088, 9/64; Ord. 885, 1/62) . I 170 I 7 . 08. 140 7 . 08. 140 ` Impounding--Destruction. It shall be the duty of the chief animal control officer to issue and sign a death warrant for and to order the destruction of any. animal law- fully taken into custody,. which in the opinion of the chief animal control officer is , -by reason of old age, unfit for , use , or which is infected with a dangerous or communicable disease , or which is in an incurable , crippled condition, or which is adjudged by. a written report of a licensed veterinary to be afflicted with any painful, incurable disease'. (Ord. 18153 2/73; Ord. 885 , i/62) . Chapter -7. 12 DOG AND. CAT LICENSING, VACCINATION AND BREEDING Sections : 7. 12 .01.0 License and registration required. 7. 12. 020 License--Nontransferable.. 7 .12. 030 License--Certificates procured. 7. 12. 040 License--Tags , certificates issued. 7.12. 050 License--Owner duty to .obtain. 7 .12. 060 License--Penalty fees . 7. 12. 070 'License--Exempted' animals . 7 .12. 080 License--Shown to control officer. 7.12.090 Removal of .tags and collars . 7.12.100 Counterfeiting tags.. 7 .12. 110 Running at large prohibited. 7 . 12. 120 Impounding and- quarantine . 7. 12. 130 At large--Capture by .citizen. 7.. 12 .140 Rabies--Vaccination required. 7 . 12. 150 Rabies--Revaccination. 7. 12 . 160 Rabies--Vaccination certificate. 7,12. 170 License--Vaccination certificate. 7. 12 . 180 License--Vaccination information 7.12. 190 " Rabies--Captured dogs examined. 7. 12 . 200 Rabies--Dog _suspected shall be .examined. 7. 12. 210 Biting dogs quarantined. 7. 12 .'220 Rabies--Outbreak, dogs kept in ' city . 7 . 12 .230. Rabies--Bringing dogs. from contaminated area into city. 7 . 12 . 240 Bite--Duty to report to officers . 7 .12 . 25d Impounding--Notice to owner. 7 .12.260' Impounding--Recovery fees. 7. 12.270' Impounding--Minimum holding- period for dogs. 7 .12.280 Impounding--Minimum holding .period for cats . 7. 12. 290 Impounding--Not redeemed--Sale or destruction. 7.12. 300. Spaying or altering required_. 7. 12 . 310 Dogs--Breeding and kennels 171 w 7. 12. 010--7. 12 0 Sections : (Continued) 40 7. 12 . 320 Cats--Breeding. 7. 12. 330 Breeding permit . 7. 12. 340 Cats--Kennels . 7. 12. 350 Dog feces . 7. 12 . 010 _ License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog or cat, shall fail, neglect or refuse to license and register such dog or cat if over four (4 ) months of age, in compliance with the terms of this chapter. A Vio- lation of this section is an infraction, and upon a. conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100 ) . (Ord. 1905, 3/74; Ord. 885, 1/62; Ord. 509, 4/47; Ord. 189, 2/18) . . 7. 12 . 020 License--Nontransferable. No .dog or cat license is transferable. Ord. 885, 1/62) . 7. 12. 030 License--Certificates procured. The chief animal control officer of the city is authorized and directed to procure each year, prior to the first day of July, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and tags shall expire July lst of the following year. (Ord. 1905, 3/74; .Ord. 885, 1/62) . 7.12. 040 . License--Tags, certificates issued. a A metallic tag or other means of permanent identification, . such as tattooing, and license certificate with corresponding numbers shall be furnished by the chief animal control officer or one of his authorized agents , to any person re4uired by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter. Said person shall bear the cost of the permanent identification if other than a metallic tag is chosen by said person. (b ) The chief animal control officer shall keep a record of the name, address and telephone number of the owner of the dog or cat, or person making payment of the license fee, and to whom a certificate and tag shall have been issued, and the number and date of such certificate . Such- metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog or cat, and shall be worn by such dog or cat at all times other than those periods when confined to the owner' s house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the chief animal control officer upon proof of loss and payment of One Dollar ($1) . Ord. 1907, 4/74; Ord. 1905, 3/74; Ord. 1815, 2/73; Ord. 1279,. 1/67; Ord. 885, 1/62; Ord. 509, 4/47; Ord. 189, 2/18) . 172 i 7.:. 050--7. 12. 070 i .7.12.. 05Q License--Owner duty to 'obtain. Any owner, with. the- exc.eptiori herein provided, of a dog or cat over the age of four (4 ) months in the city shall obtain a dog or cat license_ and pay an original or renewal license fee of Ten Dollars ($10) on or before April 5, 1974 , and July 1 each year thereafter, except that. the license fee - for a spayed or altered dog or cat shall be Five Dollars ($5 ) . The owner has the burden of proof to - show the dog or cat has been spayed� or altered.. Original license fees shall be due and payable within thirty (30) days after any dog or cat is acquired and comes .into the care, custody and control of any person in the city.. (Ord. 1905, 3/74; Ord. 1815, 2/73; Ord. 1279, 2/70; Ord. 885, . 1/62) . 7. 12. 060 License--Penalty._ fees . Any person who fails to pay the required dog or cat license fee prior to May 5, 1974, and prior to August 1 each year thereafter, shall pay; in addition to the license fee, a- penalty fee of fifty (50 ) . percent of the original or renewal license fee. Any person who fails to obtain. an original license within thirty (30) ds.ys after his/her owning any dog or cat or any dog. or cat coming into his/her. care, custody and• control in. this city shall pay, in addition. to the original license fee., a penalty fee .of--fifty (50) percent of the.. original license fee, (Ord. 1907, 4/74; Ord. •1905, 3/74; Ord. 1815, 2/73; Ord. 1279, 2/70; Ord. 885, 1/62) . 7..12. 070 :License-=Exempted animals . No license fee shall be required for the following: (a) Seeing-Eye dogs; (b ) Dogs honorably discharged from the armed forces of the United States ; .(c ) Dogs and cats in the care, custody and control of nonresidents who are traveling through. the city, or temporarily staying in the city for a period not exceeding thirty .(30 ) days , or dogs and cats temporarily brought into- the city for the exclusive purpose of being entered in a bench .show .or dog or cat exhibition, provided such dogs and cats are so entered and not kept elsewhere in the city; (d) Dogs and cats under the care, custody or control of, or owned by, senior citizens sixty-two years of -age or older. However, all slenior citizens remain -obligated. to license their dog(s ) and cat (s ) regardless of the license fee exemption, and they shall be obligated to pay penalty fees for late licensing of their dog(s ) and cat (s ) . (Ord. 1905, --3/74; Ord. 1555, 2/70; Ord. 1279, 2/70; Ord. 885, 1/62) . 173 7.12. 080--.7.12 30 7 . 12. 080 License--Shown to control officer. No person shall fail or refuse to show to the chief animal control officer or any police officer, the license and the tag for any duly registered dog .or cat kept or remaining within any home or. upon any enclosed premises under his immediate control. A violation of this section is an infraction, and upon a con- viction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100) . (Ord. 1905,. 3/74; Ord. 1815 , 2/73.; Ord. 885 , 1/62) . 7. 12. 090 Removal of tags and collars . No unauthorized person shall remove from any dog or cat any coll.ar, . harness , or other device to which is attached a registration tag for the current year .or to .remove such tag therefrom. A violation of this section is an infraction; and upon a conviction thereof shall be punishable by a fine not to exceed. One Hundred Dollars ($100 ) . (Ord. . 1905 , 3/74 ; Ord. 885 , 1/62) 7.12. 100 Counterfeiting tags. No person shall imitate or counterfeit the tags in this chapter provided for, or shall use any imitation or counterfeit of such tag. (Ord. 885 , 1/62) . 7 .12. 110 - Running at large prohibited. No person owning,. having an interest in, harboring, or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash of not exceeding six (6) feet , securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, . custody, or possession of such dog, or 'unless such dog be confined within an automobile. A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed One Hundred Dollars ($100 ) . (Ord. 1910 , 5/74 ; Ord. 1905 , 3/74; Ord. 1279, 1/67; Ord. 885, 1/62; Ord. 189, 2/18) . 7 . 12 . 120 Impounding and quarantine. It shall be the duty of the chief animal control officer and of any police officer of. this city, to take up all animals found in violation of this chapter. When such animal is taken up, it shall be delivered to the chief. animal control officer. All such animals shall be impounded in the city animal shelter.. (Ord. 1905, 3/74; Ord. 1279 , 1/67; Ord. 885, 1/62; Ord. 189 , 2/18) . 7 .12. 130 At large--Capture by citizen. Any person who captures an animal at large, : as defined in Section 7 . 12 . 110, shall, within twenty-four (24) hours , give notice to the 'chief animal control officer. Such notice shall include the following: i 174 ~ 1 . �2. 140--7. 12. 170 (A) The fact that he has such 'animal in his possession; (B) The complete description of such animal; (C) The license number of such animal, if any , and by what county or municipal corporation issued. If such animal has no license, such person shall so . state; (D) The place where such animal is confined and shall thereafter surrender the animal to the chief animal control officer or his deputy upon request. (Ord. 1905 (part) , 1974) . 7. 12 . 140 Rabies--Vaccination required (A) ' Every per- son keeping, .harboring or having a dog over the age ..of four months in the city, shall cause such dog to _be vaccinated with a type of rabies vaccine approved by the Orange County health officer within a period of thirty days from the date such dog was harbored, kept or had within the city , or with- in thirty days from the date the dog attains the age of four months ; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by the state of California, or by any other state or nation, to practice veterinary medicine where such vac- cination has been completed within the period of time as hereinafter prescribed in this section. (B) If chick embryo vaccine was used in such vaccina- tion, it must have been completed within thirty months or if the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city. (Ord. 1815 (part) , 1973 : Ord. 885 (part) , 1962) . 7. 12. 150 Rabies--Revaccination. Every person keeping, harboring or having in the city a dog which has been vaccin- ated with chick embryo vaccine shall cause such dog to be vac- cinated with a tissue-type vaccine shall cause the dog to be vaccinated within a period of not more than one year. (Ord. 885 (part) , 1962) . 7. 12 . 160 Rabies--Vaccination certificate. Every per- son keeping, harboring or having in -the city any dog required by this title to be vaccinated shall at all times while such dog is thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated . in accordance with the provisions of Sections 7. 12 .140 and 7. 12. 150. (Ord 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 170 License--Vaccination certificate. Every per- son applying for a dog license must exhibit a certificate is- sued by a person licensed by the state to practice veterinary 175 7. 12. 180--7 .12 . 210 medicine , which certificate shall show that the dog for which the license shall be issued, either has been vaccinated in accordance with the provisions of Sections 7. 12. 140 and 7. 12. 150 , or should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited. (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 180 License--Vaccination information. At the time a dog license is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate , or there shall be a vaccination tag containing such information issued by the veterinarian at the time of such vaccination. (Ord. 1279 (part) , 1967 : Ord.. 885 . (part) , 1962) . 7. 12. 190 Rabies--Captured dogs examined. Officers or persons capturing dogs under the provisions of Sections 7. 12. 120 and 7. 12. 130 shall separately confine such dogs cap- tured by them in some safe place, and shall report the cap- ture to the health officer or his deputies and shall submit such dog to the examination of the health officer, or his dep- uties , and it shall be the duty of the health officer, when called upon to examine or have examined such dog, and to as- certain whether or not such dog is infected with rabies. i Dogs captured under Sections 7. 12 .120 and 7. 12. 130 shall not be killed, but shall be kept in confinement until the health officer or his deputies shall find that further ob- servation of the animal is not necessary for the determina- tion of the presence of rabies , or absence of rabies . (Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 200 Rabies--Dog suspected shall be examined. It is unlawful for any person having knowledge of the whereabouts . of an animal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the health officer or his deputies , or to fail, refuse or neglect to allow the health officer or his deputies to make an inspection or examination of such animal until it shall be established to the satisfaction of the of- ficial that such animal has or has not rabies . The health officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies , whether or not the animal is suspected of having rabies. (Ord. 885 (part) , 1962) . 7. 12. 210 Biting dogs quarantined. Whenever it is shown that any dog or other- animal has bitten any person, no owner or person having the custody or possession thereof, up on order of the chief animal control officer, any police of- ficer -or the health officer, shall fail, refuse or neglect 176 12. 220- -7. 12. 2.60 to quarantine such animal and keep it securely confined on a chain or in a closed cage or paddock for a period of ten days , or shall fail , refuse or neglect to allow the chief animal control officer, or his deputies , to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of. the chief animal control officer, any police officer, or the health officer or his deputies . (Ord. •1815 (part) , 1973 : Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 7. 12. 220 Rabies--Outbreak, dogs kept _in city. For the period during and for six months after the presence of rabies . in the city, it is unlawful for any person to take any dog .or permit any dog to go from the city to any city or county in which rabies does not .exist, or has not been known to exist within the preceding six months period, without permission of the health officer. (Ord. 885 (part) , 1962) . 7. 12. 230 Rabies--Bringing dogs from contaminated area into city. No person shall bring any dog into the. city from any place in which rabies shall be present or shall have been known to be present within the preceding six months period, without permission of the health officer. (Ord. 885 (part) , 1962) . 7. 12 . 240 Bite--Duty to report to officers. Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge , care , control , custody or posses- sion of such dog shall report said fact in writing forthwith to the chief animal control officer, his deputy, or a police officer. The report shall state the name and address of the person bitten and the time and place such person was bitten. (Ord.. 885 (part) , 1962) . 7. 12 . 250 Impounding--Notice to owner. When any dog or cat is impounded, the chief animal control officer shall imme- diately notify the owner thereof, if known to him, by written notice or telephone. (Ord. 1905 (part) , 1974 : Ord. 1815 (part) , 1973 : Ord. 885 (part) , 1962) . 7. 12. 260 Impounding--Recovery fees . Subject to the other provisions of this chapter, any person may make appli- cation to the chief animal control officer for the return of any dog or cat , and upon presentation of proof satisfactory to the chief animal control officer, that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. The fee for recovery shall be as stated in Section 7.08. 120 , plus any license fee then due and payable. (Ord. 1905 (part) , 1974 : Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962) . 177 7 . 12. 270--7 . 12 . 30C 7. 12 . 270 Impounding--Minimum holding period for dogs . All licensed dogs .impounded at the city animal shelter shall be provided with proper and sufficient food and water by the chief animal control officer for a period of at least five days , and all unlicensed dogs for a period of at least three days. (Ord. 1905 (part) , 1974 : Ord. 1815 (part) , 1973 : Ord. 1279 (part) , 1967 : Ord. 885 (part) , 1962 : Ord. 189 (part) , 1918) . 7. 12. 280 Impounding--Minimum holding period for cats . All cats impounded at the city animal shelter shall be pro- vided with proper and sufficient food and water by the chief animal control officer for a period of at least five days for cats displaying a valid license , and for a period of at least twenty-four hours for cats displaying some type of identifica- tion. Said cats will be destroyed if not claimed within the stated minimum time periods . Cats displaying no identification will be destroyed within twenty-four hours . (Ord. 1905 (part) , 1974) . 7. 12 . 290 Impounding--Not redeemed--Sale or destruction. Dogs and cats not redeemed may be sold by the chief animal control officer to the person offering to pay the highest cash amount thereof, provided that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the chief animal control officer, or deputy, the charges prescribed for such dog or cat. If any dog or cat, impounded by the chief animal control officer, shall not have been redeemed within such periods , and cannot be sold within a reasonable time thereafter, it may be summarily disposed of by the chief animal control officer in some humane way. The chief animal control officer shall file at the city animal shelter a full description of each dog and cat impounded there- in, for said period beginning on the day any such dog and cat is taken or delivered into the possession of the chief animal control officer. (Ord. 1905 (part) , 1974) . 7. 12 . 300 Spaying or altering required. The California Animal Control shall not sell or give away any female cat more than six months of age that has not been spayed, or any male cat of more than six months of age that has not been al- tered. The California Animal Control shall not sell or give away any cat less than six months of age unless the cost of spaying or altering such cat has been deposited in trust with the chief animal control officer for payment to a veterina- rian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be for- warded to the veterinarian or clinic upon receipt by the chief animal control officer of a notice from the veterina- rian or clinic that the cat has been spayed or altered. (Ord. 1905 (part) , 1974) . 178 2. 310--7. 12. 340 7. 12. 310 Dogs--Breeding and kennels: (A)_ No person shall keep or maintain or suffer or permit to- be kept or main- tained upon any premises owned or controlled by him or it, any dog, male or female, kept mainly for breeding purposes , with- in three hundred feet of any dwelling house" other than that of the owner or person in control. of such dog. (B) In any portion of the city, no person shall -estab- lish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned' or controlled by him or it, in the city -dog kennel, any portion "of which is situ- ated within one thousand feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. -(C) Any violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 1815 (part) , 1973 : Ord. 885 (part) , 1962) . . 7.12.. 320 Cats--Breeding. No person shall keep or main- tain or suffer or permit to be kept or maintained upon any " premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes , within three hundred feet of any dwelling house other than that of the owner or person in control of such cat. A violation of this section is an infraction and, .upon conviction thereof, shall be punishable by a fine not .to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 1872 (part) , 1973) . 7. 12. 330 Breeding permit. Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the chief animal control officer or his authorized rep- resentative . The fee for the cat or dog breeding permit shall be twenty dollars . Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima .facie evidence of cat or dog breeding. . (Ord. 1905 (part) , 1974 : Ord. 1872 (part) , 1973) . 7. 12. 340 Cats--Kennels . In any portion of the city, no person shall establish , keep or maintain , or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him, in the city any cat kennel, any portion of which is situated within one thousand feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. A .violation of this sec- tion is an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 1872 (part) , 1973) . i 179 . 7. 12 . 350--7 . 20. 010 7. 12. 350 Dog feces . No owner or person having charge, custody or control of any dog shall permit, either wilfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on any public sidewalk, public beach or park or any other public property , or on any improved private property other than that of the owner-or person who has custody or control of such. dog; provided, however, that the foregoing shall not apply to public or private street gutters . A violation of this section is an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed one hundred dol- lars. (Ord. 1905 (part) , 1974) . Chapter 7. 20 FARM ANIMALS AND FOWL Sections : 7:20 . 010 Running at large prohibited. 7. 20 .020 Fowl and .rabbits--At large. 7. 20. 030 Fowl and rabbits--Keeping restrictions . 7. 20. 040 Fowl--Number permitted. 7. 20. 050 Fowl and rabbits--Coloring or treating artific- ially. 7. 20. 060 Fowl and rabbits--Sale of young. 7. 20. 070 Monkeys , chimpanzees to be secured. 7. 20. 080 Horses . 7. 20. 090 Goats. 7. 20. 100 Bees . 7. 20.110 Cattle and hogs . 7. 20. 120 Animal husbandry permits . 7. 20. 010 Running at large prohibited. (A) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal commonly referred to as a "wild specie" shall : (1) Permit such animal to run at large in the city; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane , alley, park or other public place; (3) Tie, stake , pasture or permit the tying, stak- ing or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or (4) Permit any of said animals to be or remain during the nighttime secured by a stake , or secured in any manner 180 20. 020--1..20. 040 other than by enclosing such animal in a pen, corral or-barn sufficient -and adequate to restrain such animal, or by se- . surely fastening such animal by means of a rope, or chain of sufficient size , strength and weight to effectively restrain such animal; or (5) Fail to provide the necessary sustenance , . drink, shelter or protection from the weather, or otherwise (B) A violation of this section is an infraction,. and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1910 (part) , 1974 : Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962 : Ord. 189 (part) , 1918) . 7 . 20 . 020 Fowls and rabbits--At large . It is a nuisance and no person shall suffer or permit any chickens , geese, ducks , turkeys , ' pheasants , doves ,. pigeons , squabs or similar fowl or rabbits , owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the city. A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord 1905 (part) , 1974 : Ord. 885 (part) , 1962 : Ord. 27 , 1909) . 7. 20. 030 Fowl and rabbits--Keeping restrictions . It is a nuisance and no person shall keep chickens , geese , ducks , ( turkeys , pheasants , doves , pigeons , squabs or similar fowl or rabbits , owned or controlled by him or it, within fifty. feet of any street line or within twenty feet of any property line , or within one hundred feet of any dwelling house or structure used as a dwelling, church, school , hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be oc- cupied by him or it , or to keep any rooster over four months old within the city limits . A violation of this section is an infraction , and upon a conviction thereof shall be punish- able by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 040 . Fowl--Number permitted. (A). No person shall keep or maintain in the city more than ten in all of chickens , geese , ducks , turkeys , pheasants , doves , pigeons , squabs or similar fowl; and keeping or maintaining more than ten fowl shall be presumptive evidence of a public nuisance . (B) The presumption created by subsection (A) is a rebuttable presumption affecting the burden of proof. (C) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 1835. (part) , 1973 : Ord. 885 (part) , 1962) . 181 7 . 20. 050--7 :20. 08C 7. 20. 050 Fowl and rabbits--Coloring or treating artifi- cially. No person shall dye, color, or otherwise artifically treat any rabbit, baby chick, duckling or other fowl. A violation of this section is an infraction, and upon a con- . viction shall be punishable by a fine not to exceed one hun- dred dollars . (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 060 Fowl and rabbits--Sale of young. No person shall display, sell, offer for sale or barter to give away any rabbit, baby chick, duckling or other fowl. A violation of this section is an infraction, and upon a conviction there- of shall be punishable by a fine not to exceed one hundred dollars. (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 070 Monkeys , chimpanzees to be secured. (A) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type , shall permit, allow or suffer such animal to run at large within the city or permit, allow or suffer such animal to be or go upon any street or public place within the city without having such animal se- curely fastened by an adequate chain or rope , firmly held by or attached to a competent person. (B) Such animal shall be deemed and considered as running at large , within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. • (C) A violation of this section is an infraction, and upon a conviction shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 080 Horses. (A) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty feet of any street line. (B) It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred feet of any dwelling house other than that occupied by him or them. (C) No person, firm or corporation shall keep or stable any burro or burros , or donkey or donkeys , within one hun- dred feet of any dwelling house other than that occupied by him or it. (D) A violation of this section is an infraction, and upon a conviction shall be punishable by a fine not to exceed .one hundred dollars . (E) Street Line. . For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and if there if no sidewalk, the nearest edge of any curb and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (Ord. 1905 (part) , 1974 : Ord. 1352 (part) , 1967 : Ord. 885 (part) , 1962) . 182 20. 090--7. 20. 120 , 7. 20 . 090 Goats . (A) It is a nuisance and no person shall keep or maintain any goat within fifty feet of any dwelling house other than that occupied by him or it, or more than two goats within one hundred feet of any dwelling house other than that occupied by him or it, or more than four goats within three hundred feet of any dwelling house other than that occupied by him or it, or more than five goats within one thousand feet of any dwelling house other than that oc- cupied by him or it. (B) No person shall keep or maintain any male goat ex- ceeding the age of six months within the limits of the city. (C) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars. .(Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20. 100 Bees . (A) No person shall "keep or maintain, or suffer or permit to be kept or maintained, upon -premises owned or controlled by- him or it in the city, any hive bees within two hundred feet of any dwelling house of the owner or person in control of such bees . This section shall not apply to the keeping of bees within an educational institu- tion for study or observation,: or within a physician' s of- fice or laboratory for medical research, treatment, or other scientific purposes , provided they are not permitted to fly at large. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . (Ord. 1905 (part) , 1974 : Ord. 885 (part) , 1962) . 7. 20 . 110 Cattle and hogs . (A) It. is a nuisance and no person shall keep or maintain in the city cattle or hogs at or upon premises owned, occupied or controlled by him with- in three hundred feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred feet of any school or hospital , or within one hundred feet of any street line. (B) A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars . : (Ord. 1905 (part) , 1974 : Ord. 1835 (part) , 1973 : Ord. 885 (part) 1962) . 7. 20. 120 Animal husbandry permits . Notwithstanding any provision of this chapter, the city administrator may issue permits to educational or youth-serving organizations to keep any animal of a domestic nature upon his finding that such animal shall be kept to further purposes , projects or goals of the organization, that no public nuisance will be created, and that such animals will be properly maintained 183 7 . 24. 010 and cared for. This permit shall be revocable by the city administrator upon finding of change in the original condi- tions of issuance or violation of any provisions of this chap- ter. (Ord. 1835 (part) , 1973) . Chapter 7. 24 WILD ANIMALS AND REPTILES Sections : 7. 24 .010 Running at large prohibited. 7. 24. 020 Dog as a vicious animal. 7. 24 . 030 Keeping--Permit required. 7. 24.040 Keeping--Application.. 7. 24 . 050 Keeping--Appeal. 7. 24 . 060 Keeping--Limitations. 7. 24. 070 Keeping--Temporary permits . 7. 24. 080 Keeping--Pending permit issuance. 7. 24. 090 Permit--Application. 7. 24 . 100 Permit--Application--Review. 7. 24. 110 Transporting through city. 7. 24. 120 Permit--Fee. 7. 24. 130 Permit--Commercial establishments. 7. 24 . 140 Permit--Term--Renewal. 7. 24 . 150 Permit--Revocation. 7. 24 . 160 Permit--Appeal. 7. 24. 170 Applicability of chapter. 7. 24. 010 Running at large prohibited. No person owning or having charge , custody, control or possession of any animal or reptile known by such person to be vicious or dangerous , or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus , rhinoceros , lion, tiger, leopard, wolf, monkey, ape , chimpanzee , bobcat, lynx, wildcat, puma, cheetah or any animal commonly referred to as a "wild specie" or any poisonous reptile , shall permit or allow the . same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such per- son. The chief animal control officer, or his authorized deputy, shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or. securely Attached to a chain or any other type of control which is reasonably adequate under the circumstances . If such re- straint is impossible or impracticable , such animal shall be impounded until the owner or harborer is able to comply with the chief animal control officer's order. If, upon receiving said written notification, the owner or harborer 184 , . 24. 020--7. 2.4. 060 fails to provide adequate restraint or control of said an- imal as ordered by the chief animal control officer, or his authorized deputy , within a reasonable time , said animal shall then be subject to summary destruction. (Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24. 020 Dog as a vicious animal. (A) Any dog having a disposition or propensity to attack or bite any, person or animal without provocation is hereby defined as a wild or vicious animal. (B). Where the official records 'of the chief animal . control officer indicate a dog has bitten any person, or per- sons or animal on two or more separate occasions , it shall be prima facie evidence that the dog is. a wild or vicious animal. . (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , _1967) . 7. 24. 030 ' ,Keeping--Permit required. No person owning or having charge, custody, control or possession of any animal,, bird of prey, reptile or serpent described in Sections 7. 24. 010 and 7.24. 020 shall allow such animal, bird, reptile _ or serpent within the enclosed premises of such person -un- less and. until he has first secured a permit so to do and complies with all terms and conditions of such permit and, in addition thereto, such animal, bird, reptile or serpent shall at all times -be so. confined, controlled and restrained in such manner so . the life, limb or property of any person lawfully entering such premises shall not be endangered. (Ord. 1352 (part) , 1967) . 7. 24 . 040 Keeping Application. Except as hereinafter provided, no person shall have , keep, maintain or have in his possession or under his control within the city any an- imal or reptile described in Sections 7. 24 . 010 and 7. 24. 020 without first applying to and receiving a permit from the chief animal control officer or his authorized representative to do so. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24 ..050 Keeping--Appeal. (A) Any person dissatisfied with the ruling of the chief animal control officer may, with- in ten days thereafter, appeal from the decision to the city council; such appeal shall be a simple statement in writing setting forth in common terms" the bases of the appeal. (B) An appeal fee of ten dollars shall be required . for each appeal to the city council. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24. 060 Keeping--Limitations . No permit shall be granted except with such conditions attached as shall , in 185 7 . 24. 070--7. 24 . 090 the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general wel- fare , and no permit shall be granted in any event for any animal, reptile or serpent at any particular location ex- cept upon an explicit finding by the person or agency ap- proving such permit that the issuance thereof will not be contrary --to the public health, safety and general welfare. (Ord. 1279 (part) , 1967) . 7. 24. 070 Keeping--Temporary permits . The chief animal control officer may, following application for a permit and pending final disposition of the same , grant a temporary permit for the maintenance within the city of any such an- imal or reptile upon such conditions as he shall , in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare , but no animal or. reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city, except while such a regular or temporary permit is in full force and effect. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24 . 080 Keeping--Pending permit issuance. The chief animal control officer, or his authorized deputy, shall take possession of any animal or reptile described under Sections 7.24 . 010 and 7. 24. 020 for which a permit has not been issued and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and per- mit conditions complied with. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24. 090 Permit--Application. An application for any permit required pursuant to this chapter shall be made to the chief animal control officer in writing and upon a form furnished by the chief animal control officer if so required. The application shall be verified by the person who desires to have , keep, maintain or have in his possession, or under his control, in the city, the animal or reptile for which a permit is required, and shall set forth the following: (A) Name , address and telephone number of the applicant; (B) The applicant 's interest in such animal or reptile; (C) The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any; (D) The number and general description of. all animals or reptiles for which the permit is .sought; (E) Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles ; 186 i 14. 100--7. 24. 130 (F) The housing arrangements for all such animals or reptiles with particular details as to• safety or structure, locks , fencing', etc. ; (G) Safety precautions proposed to be taken; (H) Noises or odors anticipated in the keeping of such animals or reptiles ; (I) ' Prior history of incidents involving the public health or safety involving any of said animals or reptiles ; (J) Any additional information required by the chief animal control officer at the time of filing such application or thereafter. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) ,' 1967) . 7. 24 . 100 Permit--Application--Review. Copies of any application for permit under this chapter •shall be sent by the chief animal control officer to the -law enforcement agen- cy, planning department, and to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the city administrator for good cause . (Ord. . 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24. 110 Transporting- through city.. The permit require- ments .of this chapter shall not apply to any person so keeping or maintaining or having in his possession or control any ani- mal or reptile defined in Sections 7. 24 .010 and 7. 24. 020 when such person is transporting such animal or reptile through the city has taken adequate safeguards to .protect the public, and has notified the local law enforcement agency of the pro- posed route of transporation and time thereof. (Ord. 1835 (part) , 1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24. 120 Permit--Fee. The fee for a permit application shall be twenty dollars for one wild or dangerous animal plus an additional five dollars for two or more wild or dangerous animals , total fee not to exceed twenty-five dollars for any one permit application. The fee shall be payable to the chief animal control officer at the time of filing the permit application. ' Accretions by natural birth shall not require additional permits during the period of a valid permit. Said fees are not refundable regardless of whether or not any per- mit is issued. (Ord. 1835 (part) , .1973 : Ord. 1352 (part) , 1967 : Ord. 1279 (part) , 1967) . 7. 24. 130 Permit--Commercial establishments . Commercial establishments possessing such animals or reptiles for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such 187 7. 24. 140--7 . 24 . 17G permit. Such establishments may, in the discretion of the approving agency, be granted a permit for those numbers of each kind of animal or reptile as do not exceed the maximum. Such establishment estimates will be maintained by it . in the city at any one time during the period of the permit. Such permit shall require the immediate notification of the chief animal control officer upon the acquisition of any animal or reptile having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24. 140 Permit--Term--Renewal. No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than forty-five days prior to the expiration thereof, and shall be accompanied by the same fee as required _,,upon making the original application or the payment of an additional fee when, in his opinion, the public health, safety and general welfare do not require further investi- gation prior to such renewal. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7 . 24. 150 Permit--Revocation. The chief animal- con- trol officer may , for good cause, revoke any permit or mod- ify any terms or provisions thereof, after informal public hearing, and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty days . (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24. 160 Permit--Appeal. Any person aggrieved by such action may, upon payment of an appeal fee of ten dol- lars have such action reviewed by the city council but the filing of an appeal shall not stay any order of suspension. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 7. 24 . 170 Applicability of chapter. The provisions of this chapter shall not apply to animals which are kept con- fined in any public zoo, museum or circus , carnival, exhi- bition or show. (Ord. 1835 (part) , 1973 : Ord. 1279 (part) , 1967) . 188 7 . . 010--7.28. 020 Chapter 7 . 28 ANIMAL CARE AND CONTROL COMMISSION Sections : 7 .28 . 010 Animal Care and Control Commission Created. .7. 28 .020 Powers and Duties of Commission. 7.28. 030 . Application of Charter to Commission:, 7. 28. 010 .. Animal Care and Control Commission created Pursuant to Section 00 of . the City Charter, there is created the Animal Care and Control Commission, consisting of seven (7) members whose manner of appointment, terms .and. removal shall be as provided in Section 802 of the. City Charter. The terms of. four (4 ) of the original members of the Commission shall expire June 30, 1976; the terms of three (3) of the original members of the Commission shall expire June 30, 1978 . (Ord. 1942, 9/74 ) . 7.28. 020 Powers and duties of Commission. The Animal Care and Control Commission will have. the power .and duty to : (a) Study and make recommendations to the city council for the operation and conduct 'of the animal welfare and control program of the city of Huntington Beach. (b) Study, review and recommend animal welfare and control legislation to the city council. (c ) Study, consider and recommend to the city council contract specifications and terms in connection with the. - con- tracting by city with an independent contractor of animal welfare and control services for the city of Huntington Beach. (d) Review the methods and operation of any independent contractor who is providing animal welfare and control services for the city :of Huntington Beach, and make a report and recom- mendations to the city council at least annually and at such other times as may be directed by the council. (e) Consider the qualifications of independent contractors who are interested in performing animal welfare and control services for the city of Huntington Beach, and make recommenda- tions to the .city council. (f) Consider the annual budget for animal welfare and control services for the city of Huntington Beach, and during; the process of its preparation, make recommendations to the city council. (g) Conduct periodic inspections of the premises of the city pound and -report its findings and. recommendations to the city council.. (h) Review with the city 's internal auditor the periodic audit of the books , records and accounts of the independent 188-1 7.28.030 contractor who is providing animal welfare and control services to the city of Huntington Beach, and file a report with recom- mendations to the city council. (i) Exercise such other functions and duties not incon- sistent with the Charter or this chapter as may be prescribed and. directed by .the city council. The functions , powers and duties of the Animal Care and Control Commission shall be advisory to the city council. (Ord. 1942, 9/74 ) .. 7. 28. 030 Application of Charter to Commission. All relevant provisions of Article VIII of the City Charter shall apply to the Animal Care and Control Commission. (Ord. 1942 , 9/74) . 188-2 ' HUNTINGTON BEACH MUNICIPAL CODE CHANGES (Updated 10/3/75) ( �� PLEASE REMOVE FROM CODE PLEASE ADD TO CODE page 119 page 119 120-1 (Effective 10/9/75) Y., PINGTON BEACH ORDINANCE CODE CE �'ES U (Updated 10/3/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE S. 9730.27.2(d) S. 9730.27.2(d) S. 9730.29 S. 9730.28(j) (1) (Effective 10/9/75) a 5 . 24 10--5 . 24 . 020 shall have the burden of showing good cause why the certifi- cate. should not be revoked. (c) From and after revocation of certificate, pursuant to this section, it shall be unlawful to operate or conduct business or services without obtaining another certificate . , of public need and necessity . (Ord. 1688, 12/71) . Chapter 5 . 24 BATHHOUSES--MASSAGE PARLORS Sections : 5 . 24.010 Permit--Required. 5 . 24 .020 Massage defined. 5 . 24. 030 Applicability. 5 . 24. 040 Permit--Application. 5. 24 . 050 Permit--Issuance. 5. 24. 060 Permit--Refusal--Appeal. 5. 24.070 Investigation fees . 5 . 24 . 075 Permit--Temporary Suspension. 5 . 24. 080 Permit--Revocation. 5 . 24_. 090 Permit--Revocation--Hearing. 5 .24. 100 Premises open for inspection. 5 . 24. 110 Employment of unlicensed masseurs or masseuses prohibited. 5. 24 .120 Masseur or masseuse permit--Display . 5 . 24.130 Masseur or masseuse permit--Return upon nonem- ployment . 5 .24 . 140 Rules and regulations . 5. 24 . 010 Permit--Required. No person shall engage in, conduct , manage or carry on the business of giving steam baths , electric light baths , electric tub baths , shower baths , sponge baths , sun baths or giving salt glows , or conduct , manage or carry on any place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge , shower bath or sleeping accommodations without a written permit from the chief of police . No person shall operate a massage parlor or give fomentations, massage, electric or magnetic treatments or alcohol rubs , or conduct, manage or carry on any place where fomentations , massage, electric or magnetic treatments or alcohol rubs are given without the written permit from the chief of police . No per- son shall act as a masseur or masseuse without a written permit from the chief of police. (Ord. 1213, 6/66) . 5. 24 .020 Massage defined. For the purpose of this chap- ter "massage means any manual manipulation of, or the applica- tion of a mechanical device to the human trunk or limbs of 119 r ' 5. 24. 030--5. 24. 070 another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the state of California. (Ord. 1213, 6/66) . 5. 24. 030 Applicability. The provisions of this chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Profes- sions Code of California or of any other law of this state. (Ord. 1213, 6/66) . 5. 24 . 040 Permit--Application. Each person, before ob- taining a permit to carry on the business of or work as a masseur or masseuse at baths and massages as listed in Sec- tion 5. 24. 010, shall make a written application to and upon blanks furnished by the chief of police, which shall be signed by such applicant. In addition to any other information which may reasonably be required by the chief of police, the appli- cation shall show the true name of the applicant , his ficti- tious name or names, if any, his age, his present address in the city, or elsewhere, his proposed business address in the city, the name under which said applicant conducted any similar business , if any, and the place of his residence at such time, together with the application. The applicant shall furnish a recent photograph of himself and his fingerprints to the chief of police. (Ord. 1213, 6/66) . 5. 24. 050 Permit--Issuance. The chief of police shall issue such permit to such applicant if it shall reasonably ap- pear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business . The chief of police shall issue such permit to the applicant or deny such application within sixty (60) days from the date thereof. (Ord. 1213, 6/66) . 5. 24. 060 Permit--Refusal--Appeal. Any applicant for a permit as defined in Section 5. 2 . 0 0 who is refused a permit by the chief of police may within ten days of notice of refusal, appeal the refusal to the city council. (Ord. 1213, 6/66 ) . 5. 24. 070 Investigation fees . A fee of twenty-five dollars shall be paid upon the filing of each application for a permit for the purpose of defraying investigation costs and expenses incidental to the processing of said application. Fees shall be payable to the city clerk. Fees are not refundable. (Ord. 1957, 20 Feb 75; Ord. 1213, 6/66) . 120 5 . 24. 075 5 . 24. 075 Permit--Temporary Suspension. Upon recommenda- tion of the Chief of Police,- the' City Administrator may tem- porarily suspend the permit of any person holding same in the city , upon receiving satisfactory .evidence that the per- mittee has been arrested or indicted for any violation of the provisions of this chapter or any other law or ordinance of . the city or state relating to such business. Said temporary suspension shall remain in effect until such time as the criminal charges are dismissed entirely or the permittee is acquitted of the pending criminal charges or the permit is revoked, according to section 5. 24 . 080 . Whenever the permit shall have been temporarily suspended under the terms of this section, no other application for permit to carry on a similar business by such person shall be considered during the period of the suspension. The action of the City Administrator in temporarily suspending a permit under this section is appeal- able by the permittee to the City Council . Such appeal must be taken in writing within ten (10) days after notice is given by the City Administrator to the permittee of such suspension. The City Council may sustain, overrule or modify the admin- istrator's order of suspension. (Ord. 2007, 10/15/75) • 120-1 PLANNING '.GENERAL. PROVIS:IONS : `. S. 9730.27.2(d) (d) In no way shall ,the appearance. of the dwelling be altered, whether by colors, . materials, construction, lighting., windows, sigLIS, sounds, or any ot:h er means, so that it may be reasonably .recognized as serving other than a r.es.identini use•. (e) As to the accommodation of nonrelated persons, the Board, -in- its decision, may prescribe a maximum number of. such persons, not to exceed six (6) , permitted in the existing. residence. (f) The care of nonrelated persons shall be conducted -only in a home that is licensed or certified by a state or county licensing agency, under supervision of a govern- mental agency, and complies with all applicable laws and regulations. Evidence of such a license shall accompany the initial application. (g) The number and location of all exits shall comply with the. Huntington Beach Ordinance Code and the California Administrative Code. (1915 - 5/74) (h) Related persons shall mean related by blood, marriage or legal adoption. Nonre- fated persons shall mean any other person.. (1915 - 5/74) S. 9730.27.3 NOTICE AND HEARING. ON APPLICATION. No approval shall be issued here- under without prior notice and hearing. Such notice of hearing must be given to applicant and all surrounding property owners pursuant to Article 981 of this code. (1836-5/73) S. 9730.27.4 ADMINISTRATIVE REVIEW. TIME LIMIT. An administrative review approval issued. under the provisions set forth shall be for a period of one (1) year from date of issuance unless sooner revoked. (1836 - 5/73) S. 9730.27.5 REVOCATION. An administrative review approval may be revoked by the Board of Zoning Adjustments for good cause upon, notice and hearing on the grounds that the applicant has failed and/or refused to comply with all of the provisions of the administrative review approval and this code. (1836 - 5/73) S. 9730.27.6 REVOCATION. HEARING AND NOTICE. Notice of intent to revoke an administrative review approval shall be issued by the Board to the applicant at least ten (10) days prior to the hearing. No administrative review approval for the care of nonrelated persons shall be revoked without notice to applicant and hearing. (1836 - 5/73) S. 9730.27. 7 APPEAL. Any decision or action of the Board of Zoning Adjustments shall be final unless a written appeal is filed by any person aggrieved thereby or any member of the City Council with the Planning Commission within ten (10) days after the Board's decision. Pursuant to such notice and hearing, the Planning Commission shall make a determination. (1836 - 5/73) S. 9730.27.8 PENALTY. Any person violating any of the provisions of Sections 9-730. 27. 1 to and including 9730.27. 7 of this code shall -be guilty of a misdemeanor, and shall be deemed guilty of a separate violation for each and every day, or portion thereof, during which any violation of any of the provisions of such sections is com- mitted, continued or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprison- ment up to six (6) months or both such fine and imprisonment for each such violation. (1836 - 5/73) 10/9/75 S. 9730.27.9 GENERAL PROVISIONS PLANNING S. 9730.27.9 SEVERABILITY. If any.section, subsection, sentence, clause, phrase, or portion of .Sections 9730.27.1 through 9730.27.8, or any amendments or revisions thereto, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by any decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of such sections.' The City Council of the City of Huntington Beach hereby declares that it would have adopted such sections and each subsection, sentence, clause, phrase or portion thereof, including amendments or revisions thereto, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or portions be declared invalid or unconstitutional. (1836 - 5/73) S. 9730.28 TEMPORARY COMMERCIAL PARKING LOTS. Temporary parking lots may be permitted for a period not to exceed five (5) years subject to approval of an administrative review application by the Board of Zoning Adjustments. (a) All parking space dimensions, striping, driveway widths and parking layout shall comply with Article 979. (b) Paving shall be two (2) inches of asphalt over ninety (90) percent compacted native soil or as approved by the Department of Building and Community Development. (c) On-site signs shall not exceed twelve (12) square feet and shall be in accordance with the design established on the municipal parking lot at the pier, and shall not exceed ten (10) feet in height. (d) A three (3) foot wide. (inside dimension) landscaped planter shall be provided along street side property lines except for driveway openings. (e) All required landscaping shall be subject to approval of the Department of Public Works in accordance with standard plans and specifications on file in the De- partment of Public Works. (f) All landscaped areas shall be provided with a sprinkler system. (g) The physical boundaries of the parking lot must be delineated by perimeter en- closures such as low profile pilasters with chain or cable connectors or low profile wood poles and heavy rope connectors. The design and materials are subject to approval by the Board of Zoning Adjustments. (h) Physical protection from vehicle and pedestrian damage to landscaping shall be provided by one of the following methods: (1) Wheel bumpers (asphalt, concrete, or wood) (2) Asphalt or concrete curbs (3) Any other design that will provide equal protection, subject to. approval by the Board of Zoning Adjustments. (i) Parking lots that are designed to have automatically controlled entry devices shall have these devices set back twenty (20) feet from the property line at such entrance or at a distance stipulated by the Board of Zoning Adjustments. (j) The Board of Zoning Adjustments may revoke use of a parking lot upon failure to comply with conditions imposed at the time of approval, or failure to comply with other city ordinances. The Board of Zoning Adjustments shall initiate permit revocation proceedings when the conditions of approval of the use permit have not been complied with in the following instances: PLANNING GENERAL PROVISIONS S. 9730.28 (j) (1) (1) Failure or refusal of the property owner to clean up the site or maintain the site in a clean condition and free of trash or debris. (2) A condition which may tend to depreciate the value of the surrounding properties. S. 9730.28..1 SEASONAL PARKING LOTS. Seasonal parking lots shall be parking lots used to accommodate summer parking between and including Memorial Day to Labor Day. Said lots shall only be permitted within one thousand (1000) yards of the mean high tide line of the Pacific Ocean. Seasonal lots may be permitted for a maximum of two (2) summer seasons subject to approval of an administrative review application by the Board of Zoning Adjustments. If a seasonal parking lot has been approved for two (2) consecutive seasons, further use as a seasonal parking lot is prohibited and may be continued only upon compliance with the conditions contained in Section 9730.28. The following conditions shall apply to seasonal parking lots: (a) Seasonal lots shall be roped off for boundary designations. (b) Lots must be oiled or graveled in accordance with specifications on file with the Department of Public Works. (c) Parking stall dimensions and drive widths shall comply with the provisions of Article 979. All parking spaces shall be clearly delineated to comply with standards on file with the Planning Department. (d) The site shall be maintained in a clean condition, free of trash or debris. (e) The lot shall be physically secured during hours of nonuse to prevent overnight . parking. (2008 - 9/75) S. 9730.29 AUTOMOBILE RELATED STANDARDS. Except where provided elsewhere in this division, :the following standards shall be applicable in all zoning districts which allow minor and major automobile repair uses. (1972-4/75) (a) Service Bays (1) The ingress and egress to service bays shall be designed to minimize visual intrusion onto abutting property zoned for residential use. (2) Service bay doors shall be constructed of opaque materials. (3) Landscaping shall be in compliance with Article 979 and shall be designed to minimize visual intrusion into service bays. (b) Outside Storage. All outside storage shall be completely screened from view by a masonry wall. Said wall shall be no higher than eight (8) feet and contained behind all setbacks. Storage areas shall not be larger than 20 percent of the gross floor .area of the main structure. S. 9730.30 TRASH AREAS. All commercial and industrial uses shall provide bins for the storage of trash and refuse onsite behind the required setback. Such trash disposal areas shall be enclosed on three sides by a six (6) foot solid masonry wall in a manner which blends with the architecture and aesthetics of the main structure. A solid six (6) foot gate shall be provided on the opening of said trash enclosure. In no case shall said opening face a public street. (1972-4/75) 10/9/75 5., 010--5.24.020 shall have the burden of showing good cause why the certifi- cate should not be revoked. (c) From and after revocation of certificate, pursuant to this section, it, shall be unlawful to operate.-or conduct business or services without obtaining another:-certificate ,. of public need and necessity. (Ord. 16883 12/71) : Chapter 5 .24 BATHHOUSES--MASSAGE PARLORS Se'ctidnb . 5 .24.010 Permit--Required. 5 . 24,020 Massage defined. : 5. 24. 030 Applicability. 5 .24.040 Permit--Application. 5 .24. 050 Permit--Issuance 5 . 24.060 Permit.--Refusal--Appeal. 5 .24.070 Investigation fees . 5 . 24. 080 Permit--Revocation. 5 .24.090 Permit--Revocation--Hearing. 5.. 24. 100 'Premises open for inspection. 5.24.110 Employment of unlicensed masseurs or masseuses prohibited. 5.24. 120 Masseur or masseuse permit--Display. 5 .24 . 130 Masseur• or masseuse permit--Return upon nonem- ployment.. 5.24 .140 Rules and regulations. 5. 24. 010 Permit--Required. No person shall engage in, conduct, manage or carry on the business of giving steam baths, electric light baths , electric tub baths, shower baths, sponge baths , sun baths" or giving salt glows , or conduct, manage or carry on .any place where. such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations without a written permit from the chief of police. No person. shall- operate. a massage. parlor or give fomentations, massage, electric. or magnetic treatments or alcohol. rubs , or conduct, manage or 'carry on. any place where. fomentations, massage, electric or magnetic treatments or. alcohol rubs...are given without the written .permit from the chief of police. No per- son shall act as a. masseur or masseuse without a written' permit from the chief of police. (Ord. 1213,. 6/66) 5 .24 . 020 Massage defined. For the purpose of this. chap.- ter "massager means any manual manipulation of, or"the applica- tion of •a mechanical device to the human trunk or limbs of .119.; 5. 24. 030--5. 24. 070 another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the state of California. (Ord. 1213, 6166) . 5. 24. 030 Applicability. The provisions of this chapter shall . not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and_ Profes- sions Code of California or of any.; other. law of this state. (Ord. 1213, 6166) . 5. 24 . 040 Permit--Application. Each person, before ob- taining a permittto carry on the business of or work as a masseur or. masseuse at baths and massages as listed in .Sec- tion 5. 24. 010, shall make a written application to and upon. blanks furnished by the chief of police, which shall be signed . by such applicant . In addition to any other information which may reasonably be required by the chief of police, the appli- cation shall show the true name of the applicant, his ficti- tious name or names, if any, his age, his present address in the city, or elsewhere_, his proposed business address in the city, the name under which said applicant conducted any similar business , if any, and the place of his residence at such time, together with the application. The applicant shall furnish a recent photograph of himself and• his fingerprints to the chief 'of police. (Ord. 1213, 6166 ) . 5. 24 . 050 Permit--Issuance: The chief of police shall issue such permit to such applicant if it shall reasonably ap- pear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business . The chief of police shall issue such permit to the applicant or deny such application within sixty (60 ) days from the date thereof. (Ord 1213, 6166) . 5. 24. 060 Permit--Refusal--Appeal. Any applicant for a permit as defined in Section 5. 2 . 0 0 who is .refused a permit by the chief of police may within ten days of notice of refusal, . appeal the refusal to the city council. (Ord. 1213, 6166) . 5. 24. 070 Investigation fees . A°fee of twenty-five dollars shall be paid upon the filing of each application for a permit for the purpose of defraying investigation costs and expenses incidental to the processing of said application. Fees shall be payable to the city clerk. Fees are not refundable: (Ord. 1957, 20 Feb 75; Ord. 1213, 6166) . 120 PLANNING GENERAL PROVISIONS S._ 9730.27.2(d) (d) In no way shall the appearance of the dwelling be altered, whether by colors, materials, construction, lighting, windows, signs., sounds, or any other means, so that it may be reasonably recognized as serving other than a residential use. (e) As to the accommodation of nonrelated persons, the Board, in its decision, may prescribe a maximum number of such persons, not to exceed six (6) , permitted in the existing residence. (f) The care of nonrelated persons shall be conducted only in a home that is licensed or certified by a state or county licensing agency, under supervision of a govern- mental agency, and complies with all applicable laws and regulations. Evidence of such a license shall accompany the initial application. (g) The number and location of all exits shall comply with the. Huntington Beach Ordinance Code and the California Administrative Code. .(1915 - 5/74) (h) Related persons shall mean related by blood, marriage or .legal adoption. .. Nonre- lated persons shall mean any other person. (1915 - 5/74) S._ 9730.27.3 . NOTICE AND HEARING ON APPLICATION. No. approval shall be issued here- under without prior .hotice and hearing. Such notice of hearing must be given to applicant and all surrounding property owners pursuant to Article 981 of this code. (1836-5/73) S. 9730.27.4 ADMINISTRATIVE REVIEW. TIME LIMIT. An administrative revieiw.approval issued under the provisions set forth shall be for a period of one (1) year from date of issuance unless sooner revoked. (1836 - 5/73) S. 9730.27.5 REVOCATION. An administrative review approval may be revoked by the Board of Zoning Adjustments for good cause upon notice and hearing on the grounds that the applicant has. failed and/or refused to comply with all of the provisions of the administrative review approval and this code. (1836 - 5/73) S. 9730.27.6 REVOCATION. HEARING AND NOTICE. Notice of intent to revoke an administrative review approval shall be issued by the Board to the applicant at least ten (10) days prior to the hearing. No administrative review approval for the care of nonrelated persons shall be revoked without notice to applicant and hearing. (1836 - 5/73) S. 9730.27.7 APPEAL. Any decision or action of the Board of Zoning Adjustments shall be final unless a written appeal is filed by any person aggrieved thereby or any member of the City Council with the Planning Commission within ten (10) days after the Board's decision. Pursuant to such notice and hearing, the Planning Commission shall make a determination. (1836 - 5/73) S. 9730.27.8 PENALTY. Any person violating any of the provisions of Sections 9730.27..] to and including 9730.27. 7 of this code shall -be guilty of a misdemeanor, and shall be deemed guilty of a separate violation for each and every day, or portion thereof, during which any violation. of any of the provisions of such sections is com- mitted, continued or permitted. Upon conviction of any such violation, such_ person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprison- ment up to six (6) months or both such fine and imprisonment for each such violation. (1836 5/73) 8/4/75 S. 9730,27.9 GENERAL PROVISIONS . PLANNING S . 9730.27 .9 SEVERABILITY.. If any section, subsection, sentence, clause, phrase, or portion of Sections 9730.27.1 through 9730.27.8, or any amendments or revisions thereto, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by any decision of airy court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of such sections. The City Council of the City of Huntington Beach hereby declares that it would have adopted such sections and each subsection, sentence, clause,. phrase or portion thereof, including amendments or revisions thereto, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or portions be declared invalid or unconstitutional. (1836 - 5/73) S. 9730.28 TEMPORARY COMMERCIAL PARKING LOTS. Temporary parking lots may be permitted for a period of five (5) years subject to approval of use permit application by -the Board of Zoning Adjustments. (a) A11 .parking space .dimensions, striping, driveway widths and parking layout shall comply with Article 979. - (b) Paving shall be two (2) inches of asphalt over ninety (90) percent compacted native soil or as approved by the Department of Building and Community Development. (c) On-site signs shall not exceed twelve (12) square feet and shall be in accordance with the design established on the municipal parking lot at the pier, and shall not exceed ten (10) feet in height. (d) Physical protection from vehicle and pedestrian damage to landscaping shall be provided by one of the following methods: (1) Wheel bumpers (2) Concrete curbs (3) Any other design that will provide protection and. is acceptable to the Board of Zoning Adjustments at the time of approval. (e) Parking lots that are designed to have automatically controlled entry devices shall have these devices set back twenty (20) feet from the property line at such entrance or at a distance stipulated by the Board of Zoning Adjustments. (f) The Board of Zoning Adjustments approval action on the application shall be . subject to periodic review for compliance with the initial conditions of approval. The Board of Zoning Adjustments shall initiate permit revocation proceeding when the conditions of approval of the use permit have not been complied with. (1) Failure or refusal of the property owner to clean up the site or maintain the site in a clean condition and free of trash or debris. (2) A. condition which may tend to depreciate the value of the surrounding properties. (3) The Board of Zoning Adjustments may order the immediate cessation of the temporary use if all conditions, _ requirements and provisions of Division 9 have not been met. • Pal PLANNING GENERAL PROVISIONS' 5. .9730.29 S. 9730.29 AUTOMOBILE. RELATED STANDARDS. Except where provided elsewhere in this. division, the following standards shall be applicable in all zoning districts which allow. minor and major automobile repair uses. (1972-4/75') (a) Service Bays (1) The ingress and egress to service bays shall be designed to minimize ,visual intrusion onto abutting property zoned for• residential use. (2) Service. bay doors shall. be constructed of opaque materials. (3) Landscaping shall be in compliance with Article 979 and shall be designed to minimize visual intrusion into service bays. (b) Outside Storage. All outside storage shall be completely screened from view by a. masonry wall. Said wall shall be no higher than eight (8) feet and contained behind all setbacks. Storage areas shall not be larger than 20 percent of the gross floor area of the main structure. S. 9730.30 TRASH AREAS. All commercial and industrial uses shall provide bins for the storage of trash and refuse onsite behind the required .setback. Such trash disposal. areas shall be enclosed on three sides by a six (6) foot solid masonry wall in. a manner which blends with the architecture and aesthetics of the main structure. A solid six (6) foot gate shall be provided on the opening of said trash enclosure. In no case shall said opening face a public street. (1972-4/75) 5/8/75 HUNTINGTON BEACH MUNICIPAL CODE CHANGES (Updated 9/2/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE 2.08.130 2.08.130 3.20.050 3.20.060 10.08.150 10.08.150 10.12.040 10.12.040 14.12.030 14.12.030 14.12.080 14.12.080 14.44.090 14.44.090 14.48.060 14.48.060 (Effective. 9/4/75) i 2 .08. 130--2.16 .010 rl 1 2. 08. 130` Attendance at commission or board meetings . The administrative officer may attend any and all meetings of any commissions , boards or committees hereafter created by the j . city council, upon his own volition or upon direction of the city council. At such meetings which the administrative officer attends , he shall be heard by such commissions , boards of com- mittees as to all matters upon which he wishes to address the members thereof; and he shall inform said members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of f all commissions, boards or committees appointed by the city council. (Ord. 740, 11/59 • ) 2.08.140 Council administrator relations . The city council and its members shall deal with the administrative serv- ices of the city only through the administrative officer, ex- cept for the purpose ofinquiry, and neither the city council '1 nor any members thereof shall give any orders to any subordi- nates of the administrative officer. : The administrative offi- cer shall take his orders ..and instructions from the city coun- cil as a .body, and no .individual .councilman shall give any a orders or instructions to the administrative officer. (Ord. 740, 11/59 . ) s Chapter. 2.12 CITY CLERK .3 (RESERVED) 1 Chapter 2.16 CITY TREASURER 4 Sections : } 2 A6 .010 Receipt of money .. 2.16.020 Funds--Designated. 2.16.030 Transfers of funds. 2.16 .040 Monthly reports . 2.16 .050 Funds--Monthly report of balance. 2.16.070 Annual report to council.. 2.16 .010 Receipt of money. The treasurer shall re- ceive and safely keep all moneys belonging to the city, what- ever its source, for which he shall give duplicate receipts , one to the depositor and one to the finance director. (Ord. 1935, 6 Nov 74; Ord. 265, 10/23; Ord. 15, 4/09 . ) 19. 1 2.16 .020--2.1E 70 2 .16 .020 Funds--Designated. The treasurer shall estab- lish and keep the money in the following funds : (a) Huntington Beach City Funds; (b) A general fund which shall contain all unappropriated and unapportioned money; (c ) A library fund; (d) A music and promotion fund; (e) Such funds as may be created by ordinance of this city for caring for money received from the sale of bonds of this city and for the interest and sinking funds thereon; (f) Street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) 2. 16. 030 Transfers of funds . Money may be transferred from one fund to another on the order of the council, except in the cases of the library fund, the music and promotion fund and special funds created by ordinances for caring for money received from the sale .of bonds of this city and' for the inter- est and sinking funds thereon, and street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) .2. 16.040 Monthly reports . The treasurer shall prepare and submit to the director of finance monthly written reports of all receipts , disbursements and fund balances , and shall file copies of such reports with the city administrator and city council. (Ord. 1935,. 6 Nov 74; Ord. 265, 10/23; Ord. 15, .4/09. ) 2. 16.050 Funds--Monthly report of balance . Prior to the first meeting of each month, the treasurer shall report to the director of finance the balance in each fund. (Ord. 1935, 6 Nov 74 ; Ord. 265, 10/23; Ord. 15, 4/09 . ) 2. 16 .070 Annual report to council. The treasurer shall also make an annual report to the council. ' (Ord. 265, 10/23; Ord.. 15., 4/09) Chapter 2.20 CITY ATTORNEY (RESERVED) 20 3. 20 .o6o=-3 . 20 .070 3 . 20. 060 Administration. The county recorder shalladmin- ister this chapter in conformity with the provisions of Part 6 .7 of Division. 2 of the Revenue and Taxation Code and the provisions f of any county ordinance adopted pursuant thereto. (Emergency , Ord. 1993', 16 Jun' 1975; Ord. 1925, " 8/.74'; Ord. 1369, 11/67) 3.20. 070 Refunds . Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions `? of Chapter 5 (commencing with Section 5096 ) of Part 9 of i Division 1 of the Revenue and Taxation Code of. the State of California. (Emergency:Ord. . 1993, 16: Jun 1975; Ord. 1925, 8/74; Ord== -:1369, 11/67) i t i 4 '.3 . (The next page is 61. ) 5s _ f� 'i r .. R _ i _3{ i t i 1 6 o-1 y 10. .. _.150--10. 12. 020 10. 08.150 State highways regulated by city--Authority dele aged. Whenever. this title delegates authority to a city officer., or authorizes action by the city council to regulate traffic upon a state highway in any way. which, by law, requires the prior approval of .the State Department of ,j Public Works , no such officer shall exercise such authority nor shall such action -by the city council be effective with respect to any state highway without the prior approval, in writing, of the State Department of Public Works . when .and to .. the extent required by the state Vehicle Code. (Ord. 1292, 1/67; Ord. 1157 8/65) . ' Chapter 10. 12 SPEED LIMITS Sections: a 10. 12. 010 Twenty-five m.p.h. prima facie speed limit . 10. 12. 020 Thirty m.p. h. prima facie speed limit. i 10.12. 030 Thirty-five m.p.h.. prima facie speed limit. 10.12. 040 Forty m.p.h. prima facie speed limit. 10. 12. 050 Forty-five m.p.h. prima facie speed . limit . 10. 12. 0.60 Fifty m.p.h. prima facie speed limit 10. 12. 070 Speed limits on state highways . 10. 12. 010 Twenty-five m.p. h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of those streets hereinafter set forth, the city council determines and declares that the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the prima facie limit of speed on a portion of said streets shall be and is twenty-five (25 ) miles ' p-er hour: (a) Adams Avenue between Main Street and Lake Avenue; (b ) Davenport Drive between Baruna Lane and Edgewater Lane; (c ) Holland Drive_ between Beach Boulevard and Marken Lane; (d) Huntington Street between Taylor Drive and Yorktown Avenue; (e) Main Street between Adams Avenue and Pacific Coast Highway; . (f) Saybrook Lane between Monterey Lane and Davenport Drive. (Ord. 1947, ll/7.4; Ord. 1935, 6 Nov 74) . 10.12. 020 Thirty m.p:h. prima facie . speed limit . Upon the basis of an engineering and traffic survey of the portions of 'the streets hereinafter set forth, the city .council 277 10. 12. 030 determines and declares that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of said streets shall be and is thirty (:30) miles per hour: . I (a) Bolsa Chica Street between Warner Avenue . and south city limits; .(b ) . Channel .Lane between Admiralty Drive and Gilbert Drive; (c ) Clay Avenue between Delaware . Street and Beach Boulevard; (d) Delaware Street between Indianapolis Avenue and Detroit Avenue; (e ) Huntington Street between Adams Avenue and Atlanta Avenue; (f) Indianapolis Avenue between Beach Boulevard and Newland Street; (g) Orange Avenue between 17th Street and Main Street ; (h) Parkside Lane between Edinger Avenue and Holt Avenue. (Ord. 1997, 5 Sep 75; Ord. 1947, 11/74; Ord. 1935, 6 Nov 74 ) 10. 12. 030 Thirty-five m.p.h. 2rima facie speed. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the. prima facie. limit of twenty--five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty-five (35) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on portions of the following streets shall be and is thirty-five (35) miles per hour: (a) Clay. Avenue between Main Street and Delaware Street; (b ) Davenport Drive between Baruna Lane and Algonquin Street; (c ) . Delaware Street between Main Street and Yorktown Avenue; (d) Delaware Street between Adams Avenue and Indiana- polis Avenue; (e ) Edwards Street between Bolsa Avenue and north city , limits; (f) Ellis Avenue between Delaware Street and Beach Boulevard; (g) Gothard Street between Warner Avenue and Main Street ; (h). Graham. Street between Heil Avenue and .Warner Avenue; (i) Heil Avenue between Beach Boulevard and east city limits; �78 10. 12. 040 Huntington Street between Atlanta Avenue and Pacific Coast Highway; _ (k) Lake Avenue between 17th Street and Pacific Coast Highway; (1) Main Street between Mansion Avenue and Adams Avenue; (m) Mansion Avenue between Goldenwest Street and 17th Street ; (n) Monterey Lane between Edinger Avenue and Saybrook Lane., (o) Palm Avenue between Goldenwest Street. and Main Street; (p ) Rancho Road between Bolsa Chica Street and east city limits; '. (q) Sher Lane between Edinger Avenue and Juliette Low Drive; (r) Yorktown Avenue between 17th Street and Beach Boulevard; i (s) 17th Street between Florida Street and Pacific Coast Highway. (Ord. 1947, 11/74; Ord. 1935, 6 Nov 74) . 10. 12. 040. Forty m.p.h. prima facie speed limit. Upon i the basis of. an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of forty (40) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of. speed on a portion of said streets shall be and is forty .(40) miles per hour: (a) Adams Avenue between Lake Avenue and Beach Boulevard; (b ) Algonquin Street between Warner Avenue and Heil Avenue; (c ) Atlanta Avenue between Lake Avenue and Brookhurst Street; (d) Banning Avenue between Magnolia Street and Brookhurst Street; (e ) Center Avenue east of Gothard Street; (f) Delaware Street between Yorktown .Avenue and. Adams Avenue; (g) Edinger Avenue between .Beach Boulevard and west city limits; (h) Edwards Street between Bolsa Avenue and Slater Avenue; (i ) Ellis Avenue between Beach Boulevard and east city limits; ! Q ) Ellis Avenue between Goldenwest Street and Gothard Street; (k) Florida Street between Main Street and Garfield Avenue; 279 i 10. 12. 050 (1 ) Garfield Avenue between Goldenwest Street and Newland Street; ' (m) Goldenwest Street between McFadden Avenue and north city limits; (n) Goldenwest Street between Garfield Avenue and Pacific Coast Highway; (o) Gothard Street .between McFadden Avenue and Edinger Avenue; (p) Graham Street between Edinger Avenue and Heil Avenue; (q) Graham Street between Warner Avenue and south city limits; (r) Hamilton. Avenue between Newland Street and east city limits;' (s) Heil Avenue between Saybrook Lane and Beach Boulevard; (t ) Indianapolis Avenue between Newland Street and Brookhurst Street; . (u) Main Street between Beach Boulevard and Mansion Avenue; (v) McFadden Avenue between Bolsa Chica Street and Graham Street;. (w) McFadden Avenue between Goldenwest Street to east .city limits; (x) Newland Street between Heil Avenue and Pacific Coast Highway; (y) Orange Avenue between Goldenwest Street and 17th Street; - (z) Slater Avenue between Newland Street and west city limits; (aa) Springdale Street between Edinger Avenue and Talbert Avenue; (bb ) Talbert Avenue between Goldenwest Street and Newland Street; (cc ) Yorktown Avenue between Beach Boulevard and Ward Street . (Ord. 1997, 5 Sep 75; Ord. 1947, 11/74; Ord. 1935 6 Nov 74 ) .10.12. 050 Forty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of .the portions of streets hereinafter set forth, the city council determines and declares that the prima facie speed limit of. sixty-five (65) miles per hour _is more than- is. reasonable .or safe; that a speed limit of forty-five C45) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on portions of the following streets shall be and -is forty-five (45) miles per hour: (.a) . Adams Avenue between Beach Boulevard and. east city limits; (b ) Bolsa Avenue between Springdale Street and Goldenwest Street; (c ) Bolsa Chica Street between Edinger Avenue and Warner Avenue; (d) Brookhur.st Street between Garfield Avenue and Ham- ilton Avenue; 280 `__ - - --- 14 .030- 14.12.050 ,a 14. 12. 030 Installation by applicant. The water super- intendent may in his discretion authorize an. applicant to make the installation; at applicant 's own cost, and in conformity with the specifications set forth by .the water department. (Oral. 674, 11/57). 14. 12. 040 Water rates--Designated. The water rates to be charged monthly and collected, monthly or bimonthly as may be determined by the city from consumers -of water supplied by the city are established and the water department is authorized and directed to charge and collect the same as follows : Domestic , .Commercial 'And . Industrial Service 'A Quantity rates First 700 cu. ft or less $2. 65 Next 4300 cu. ft . , per 100. cu. ft . 0. 28 '{ Over 5000 cu. ft. , per 100- cu. ft. 0. 23 a Minimum Charges s; Size of service Minimum charge per month Water in cu. ft . 5/8" or 3%4" $ . 2. 65 700 } ... .1 4. 89 .1, 500 1-1/2" 6. 29 -2,000 2-" ` 9. 09 3,000 4� 311 19..29 7,000 4" 35. 39 14,000 611 60. 69 ' 25,000 811 83. 69 35,000 .10" 118. 19 50,000 Ya A charge of One Dollar ($1) shall be made for each unit in excess of one connected to each meter. 3 "Unit". means any building or a -portion of a building consist- ing of one or more rooms separated .from the rest of the build- ing by a partition, occupied independently of the other parts of the building, or another building. (Ord. 1996, 6 Aug 75; Ord. 1.901, 3/74; Ord. 1344, 8/67;. Ord. 1343—A, 8/67; Ord. 1217, '6/66; Ord. 1100, 11/64; Ord. 892, 3/62; Ord: 751, 3/60; Ord. 674, 11/57) a 14. 12. 050 . Water rates--Construction purposes . All construction water shall. be taken from existing .outlets . designated by the water department or from special outlets- installed at the a expense of the consumer. If in the determination of the water ! „ department, the setting of a meter :is impracticable or un- economical for the supply of construction water, the charge for such -unmetered water shall be as follows: F 393 14.12.060--14.12.0'iu I (a) . Housing tracts or subdivisions will be charged a flat rate of Six Dollars ($6) per unit during construction. (b) General Construction. (1) For each one hundred (100) lineal feet of curb, Twenty-Four Cents (2V) ; (2) For each one hundred (100) square feet of side- walk, Twelve Cents (121d) ; (3) For each one hundred (100) square feet of con- crete pavement , Twenty-Four Cents (241d) ; (4 ) For each barrel of cement used for other con- struction, Twelve Cents (120) ; (5) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Ninety-Six Cents (960) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department ; (7) For settling each one hundred (100 ) square feet of graded street , Twelve Cents (120) ; (8) For settling filled ground a charge will be made for a quantity of water equal to one-third (1/3 ) the cubic . contents .of the fill. at a .rate of Twenty-Four Cents (24k4- ) per one hundred . (100)- cubic feet ; (9) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the water depart- ment and charged at the rate of Twenty-Four Cents (241) per one hundred (100) cubic feet. .(Ord. 1996 , 6 Aug 75; Ord. 792., 9/60; Ord. 674, 11/57) 14. 12. 060 Water rates--Other uses . Water used for any purpose not hereinbefor.e enumerated, or for schools , hospitals and similar .uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the city council under separate agreement with the consumer. (Ord. 674, 11/57 ) . 14. 12. 070 Private fire service rates. The monthly rates for private . fire service protection shall be at the following flat rates: 394 ;1 14. 080--14.12.090 1 Size of service Monthly rate 2. inch or less $ 2. 00 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 751, 3/60; Ord. 674, 11/57) . 14.12. 080 Commodity adjustment clause. This clause shall be applicable to the areas served by the city. Water charges will. be based on the percent use of pumped water as against purchased water and their related- cost. The base year. shall be 1975-76 Cost in Base Year. a. Orange County water district tax per acre foot . . . . . . $22 . 00 b . Metropolitan Water District . Cost per acre foot . . . . . . . . . . . 77. 00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $ 0. 00 to $ 3. 99 per acre foot , change $0. 01 per 100 cu. ft. 4. 00 to 7.99 per acre foot , change 0. 02 per 100 cu. ft. 8. 00 to 11. 99 per acre foot , change 0. 03 per 100 cu. ft. 12. 00 to 15. 99 per acre foot, change 0. 04 per 100 cu. ft . 16. 00 to 19. 99 per acre foot, change 0. 05 per 100 cu. ft. 20. 00 to 23. 99 per acre foot, change 0. 06 per 100 cu. ft . 24. 00 to 27. 95 per acre foot , change 0. 07 per 100 cu. ft . 28. 00 to 31. 99 per acre foot, change 0. 08 per 100 cu. ft . 32. 00 to 35. 99 per acre foot , change 0. 09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the increase in rate blocks under the commodity adjustment clause. (Ord. 1996., 6 Aug 75; Ord. 1217, 6166) 14. 12. 090 Water service--Applications . All applications for water must be made out on the forms provided by the water department and must be signed by the applicant . All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four (4 ) times the sum of ,the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10) , as a guarantee that all 395 • i 14.12.100--14.12.13u water bills", fines and penalties shall be paid by the applicant. The deposit shall not be returned to the -applicant , unless the water service is discontinued, and then only in the event that all water bills, fines and penalties of the consumer have been paid in full. (Ord. 674, 11/57) 14.12. 100 Water service—Turn on charges. No charge shall . be made for the transfer due , to- change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water. service, a charge of Five ($5) Dollars shall be. made for restoring the water . service" to. the premises. (.Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.110 Water rates--Turn on. . Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water turned on such " premises, the charge for water shall be a charge. against the person in possession of the premises who used the water, and the charges shall .continue so long . as the water is turned on to the premises , whether the same is- actually used or not . (Ord. 674, 11/57) 14.12. 120 Water rates--Date due. All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and shall become delinquent on the fifteenth (.15th) day thereafter and if not paid thirty (30) days after the mailing date, the water superintendent is directed, through his deputies, to shut off the water from the .premises and the water shall remain shut off until .all rates, fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water- department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the additional sum of Five ($5). Dollars which is made a penalty for the failure to pay the .said rate, . and to pay the department for turning on water. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) " 14. 12. 130 Vacating premises . Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the water department. Upon. the receipt of such notice, the department shall read the water meter, " shut off the water from the -premises and immediately present the consumer all. unpaid bills for water furnished by the city to him up to that time. Thereupon the consumer shall pay said bills to the water department. In the event that 'the consumer shall have made a deposit with the department , as required in Section 396 li a 14. 44. 090--14.. 48. 020 _ (h) The city retains the right to allow a connection by a public..agency exempted from payment of connection fees and shall not be liable to applicant for refund because of the connection. (Ord. 741, 12/59) . Chapter 14. 48 i DRAINAGE Sections : 14. 48. 010 Master plan of drainage. 14. 48..020 Drainage area. 14. 48.030 Drainage fund. 14. 48. 040 Advances from general- fund. ' 14.. 48. 050 Drainage fee. 14. 48. 060 Applicability. 14.48. 070 Conditions governing reimbursements. 14. 48. 010 Master plan of drainage. Reference is made to the city' s master plan of drainage which is hereby adopted pursuant to the Government Code of the state. of California, and more particularly Section 65300. of said Code. Said drainage plan was determined by the Board of Super- visors of the. county of Orange to be in conformity with the county drainage plan. A copy. of the city's master plan of drainage is on file in the city clerk's office and the same i.s made a part hereof as if fully set forth in this chapter. The city council hereby finds,. by adopting the city' s master plan of drainage, that the subdivision and development of property within the district area requires the construction s of the facilities as set forth in the master plan of drainage. The city council hereby finds, by adopting the city' s master plan of drainage, that the fees as hereinafter set forth are fairly apportioned within the district area as set forth .in. the Government Code of the state of California, and more particularly, Sections 66483 and 66487 thereof. (Ord. 1985, 2 Jul 75) . 14 . 48. 020 Drainage area. The district boundaries of the drainage areas are hereby declared to be those identified in the local drainage areas map which is on file in the city clerk' s office, and the same are made a part hereof as if fully set forth in this chapter. All drainage facilities set forth in the master plan of drainage for 'the city of Huntington Beach are in addition 421 14. 48. 030--14. 4u. 050 to present local drainage facilities serving the drainage areas. (Ord. 1985, .2 Jul 75) . 14. 48. 030 Drainage fund. There is hereby created a separate fund which shall be known as the "planned local drain- age- facilities fund. " All moneys "collected pursuant to this chapter shall be deposited in accordance with the Business and Professions Code of the state of California in said drain- age fund.. The city shall have the right in lieu of .accepting cash, pursuant to this chapter, to accept other: proper and valid consideration. (Ord. 1985 , 2 Jul 75) 14. 48. 040 Advances from general - fund. The city may advance funds from its general fund to pay the cost of con-i strutting drainage facilities within a local drainage area and may reimburse the general fund for such advances from . the planned local drainage facilities fund for. the local drainage area in which the drainage . facilities were constructed. (Ord. 1985 , 2 Jul .75) . 14. 48..050 Drainage fee. There is hereby established the following drainage fee . schedule: Drainage District Fee Per Gross Acre 2 $ 500 2A , 2,000 3 1,500 4 Completed 0 5 2, 000 . 5A 2,000 5B Completed 0 5C Completed 0 5D Completed 0 6A 2,000 6B. 2,000 6C 2,000 7A 2,800 7B 2,000 7C` 2,000. 7D 2,000 7E 3,000 -7F 2,000 7G. 3000 7H 3,330 71 4,000 8A o 8.8 2,800 .8C 3i500 .422 14. 48.o6o--14. 48. 070 Drainage District Fee Per Gross Acre 8D $ 1,650 8E 0 8F. 2,300 8G 3,500 8H 2,500 9 2,500 .. ,. 10 1 500 11 Completed. 0 12 2,000 Said fee shall be collected, deposited and expended pur- suant to Sections 66483 and 66487 of the Government Code of the state of California and all other applicable laws of the state of California. All necessary drainage fees established by, the city shall be deposited with the city prior to recordation of subdivision map or. issuance of a building permit if .a subdivision map is not required. The-subdivider-or person to whom a building permit has been issued may make application for a reimbursement agreement. (Ord. 19908, 5 Sep 75 ; Ord. 1985, 2 Jul 75) 14. 48. 060 Applicability. The provisions of this chapter shall apply to all subdivisions of 'land and the develop- ment of all land within the drainage area unless the fees were previously paid by prior development . It shall be .the responsibility of th; applicant to con- struct all- on-site improvements as may be required by the city, including all off-site drainage facilities as are required by the city. The applicant shall be reimbursed .by the city for all required off-site construction, in. accordance with- Section 14. 48. 070. (Ord: 1585, 2 Jul 75) . 14 ..48.. 070 Conditions governing reimbursements . Not- withstanding any other provisions of 'this chapter, the payment of refunds shall be governed as follows : (a) Refunds shall be payable for a period. of five (5) years from date of applicant 's application. (b ) Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 14. 48. 050 of this. chapter. (c ) Refunds shall not exceed 90 percent of off-site con- struction costs. (d) Refunds shall bear no interest. 422-1 14. 48. 070 . (e) The city shall not be liable for payment of any refund by reason of its failure to collect or receive from. any person the service fee for connecting into the main line paid for by applicant. - . (f) The city' s refusal to allow any connection or connections into the main line paid .for by applicant shall not make the city liable to applicant for any refund which might have accrued to applicant if such connection had been permitted. (g) The city .retains the right to allow a connection by, a public agency exempted from payment of connection fees and shall not be liable to applicant for refund because of said connection. (h) Reimbursement agreements covering the payment of refunds shall be in writing.• ( Ord. 1985, 2 Jul 75) . i i 422-2 - . 08. 130--2 .08 .140 2 .08.130 Attendance at commission or board meetings . The administrative officer may attend any and, all meetings of any. commi'ssions ,: boards or committees hereafter created by the city council, upon his own volition or .upon. dire.ction of the city council. At such . meetings .which the- administrative officer ..attends, he shall be heard by such commissions , boards of com- mittees as to all matters upon which he wishes to address the members thereof; and he shall inform said members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions , boards or committees appointed by the city council. (Ord.. 740,, 11/59 ) 2. 08.140 Council administrator relations. The city council and its members shall deal with the administrative serv- ices of the city only through the administrative officer, ex cept for the purpose of inquiry, and neither the city council nor any members thereof shall give any orders to any subordi- nates of the administrative officer. The administrative offi- cer shall take his orders and instructions from the city coun- cil as: a body, and. no individual councilman shall give any orders. -or instructions to the administrative officer. (Ord. 740, 11/59, ) Chapter 2 .12 CITY CLERK (RESERVED) Chapter 2.16 CITY TREASURER Sections : 2. 16. 010 Receipt of money . 2. 16 020 Funds--Designated. 2. 16 .030 Transfers. of funds . 2. 16 . 040 Monthly reports.. 19 f 1 2. 16. 010--2. 16. 0; Sections : (Continued) r 2. 16. 050 Funds--Monthly report of balance . 2. 16. 070 ' Annual report to council. 2. 16. 010 . Receipt of money. The treasurer shall re- ceive and safely keep all moneys belonging to the city, what- ever its source, for which he shall give duplicate receipts , one to the depositor and one to the finance director. (Ord. 1935, 6 Nov 74; Ord: 265, 10/23; Ord. 15, 4/09. ) . 2. 16. 020 Funds--Designated. The treasurer shall estab- lish and keep the money in the following funds : (a) Huntington Beach City Funds; (b ) A general fund which shall contain all unappropriated and unapportioned. money; (c ) A library fund; (d) A music and promotion fund; (e) Such funds as may be created by ordinance of this city for caring. for money received from the sale of bonds of this city and for the interest and sinking funds thereon; (f) Street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) 2.16. 030 . Transfers of funds. Money may be transferred -� from one fund_ to another on the order of the council, except in the cases_ of the library fund, the music and promotion fund and special. funds created by ordinances for caring for money received from the sale -of bonds of this city and for the inter- est and sinking funds thereon, and street improvement fund. (Ord. 265, 10/23; Ord. 15, 4/09. ) 2. 16. 040 Monthly, reports. The treasurer shall prepare and submit to the director of finance monthly written reports of all receipts, .disbursements and fund balances , and shall file copies of such reports with the city administrator and city council. (0rd. 1935, 6 Nov 74; Ord. 265, 10/23; Ord. 15, 4/09 . ) 2. 16. 050 Funds--Monthly report of balance. Prior to the first meeting of each month, the treasurer shall report to the director of finance the balance in each fund. (Ord. 1935, 6 Nov 74; Ord. 265, 10/23; Ord. 15, 4/09. ) Chapter 2 . 20 CITY ATTORNEY (RESERVED) 20 ( I 3. 20 .050--3 . 20 .070 i- 3 . 20. 060 Administration. The county recorder sh<<= �r,:. :: _i_:I- i :-,trr . this chapter in conformity with the provisions of al:�i, of DI vision ? of the -Revenue and Taxation Code and the provis .o:i::' cA any county ordinance adopted pursuant thereto. (Emc rn.;'j Orr(.t 1993, 16 Jun .1975; Ord. 1925, 8/74; Ord.. 1369, 11/6'O 3. 20. 070 Refunds . Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 ) of Part 9 of. lAvision 1. of the Revenue and Taxation Code of the State of. Ca:liforna.. (Emergency Ord . 1993, 16 . Jun , 1975; Ord: 1925; 8/7', ; Ord. 1369 11/67 ) (The next page is 61 . ) . 60-1 10. _.5:150 10. 12. 020 1.0. 08. 150 State highways regulated by city--Authority `�rrd delegated. . Whenever this title delegates authority to a city, officer,' or authorizes action by the city council .to regulate traffic upon a• state •highway 'in any way which, ,by law, .requires the prior approval of the. State Department of Public Works, no .such officer shall -exercise such authority nor shall such action by the .city council be effective with respect to any state highway without the prior. approval, in writing, of the State Department of Public Works when and to the extent required by the state Vehicle Code. (Ord. . 1292,: 1/67; Ord. 1157, 8/65) : Chapter 10. 12 SPEED LIMITS Sections: ;•` .10-. 12..010 Twenty-five m.p. h.. prima facie„speed -limit - 10. 12. 020 . -Thirty m.p.h. prima facie speed limit . 10. 12. 030. Thirty-five m.p.b. prima facie. speed• limit. 10. 12. 0.40 Forty m.p.h. prima' facie speed limit. 10. 12. 050 Forty-five m.p.h. prima facie speed limit. 10. 12. 060 Fifty m.p.h. prima facie speed limit: 10. 12. 070 Speed . limits on state highways. 10. 12. 010 Twenty-five m.p.h. prima facie speed limit. Upon the basis of an engineering and traffic survey of the portions of those streets hereinafter set forth, the city council determines_ and declares that the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets and that the . prima facie limit of. speed on a portion of. said streets shall be and -is twenty-five (25 ) miles per hour:. (a) Adams Avenue between Main Street and Lake Avenue;- (b ) Davenport Drive between Baruna Lane and Edgewater Lane; (c ) Holland Drive between Beach Boulevard and .Marken Lane; (d) Huntington Street between Taylor Drive and Yorktown Avenue . (e) Main Street between Adams Avenue and Pacific Coast Highway; (f) Saybrook Lane -between Monterey Lane and Davenport Drive. (Ord. 1947, 11/74; Ord. 1935, ` 6 Nov 74 ) . 10. 12. 020 Thirty m.p. h. prima facie speed limit . Upon the basis of an engineering and traffic .survey of the portions of the streets hereinafter set forth, the city council 277_ 10.12. 030 determines and declares that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate ..r the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of thirty (30) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of said streets shall be and is thirty (30) miles per hour: (a) Bolsa Chica Street between Warner Avenue and south . city limits; (b ) Channel Lane between Admiralty Drive and Gilbert. Drive; (c ) Clay Avenue between Delaware Street and Beach Boulevard; (d) Delaware Street between Indianapolis Avenue and Detroit Avenue; (e ) Huntington._Street between Adams -Avenue and Atlanta Avenue; . (f) Indianapolis Avenue between Beach Boulevard and Brookhurst Street; (g) Orange .Avenue between 17th Street and Main Street; (h) Parkside Lane between Edinger Avenue and Holt Avenue. (Ord. 1947, 11/74; Ord. 1935, 6 Nov 74) . 10. 12. 030 Thirty-five m.p.h. prima facie speed. Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that , a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that. a prima facie speed limit of thirty-five ( 35 ) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on portions of the following streets shall be and is thirty-five (35) miles per hour: (a) Clay Avenue between Main Street and Delaware Street ; (b ) Davenport Drive between Baruna Lane and Algonquin Street; (c ) Delaware Street between Main Street and Yorktown Avenue; (d) Delaware Street between Adams Avenue and Indiana- polis Avenue; (e) Edwards Street between Bolsa Avenue and north city limits; (f) Ellis Avenue between Delaware Street and Beach Boulevard; (g) Gothard Street between Warner Avenue and Main Street; (h) Graham Street between Heil Avenue and Warner Avenue; (i) Heil Avenue between Beach Boulevard and east city limits; 278 10. 12. 040 (j ) .Huntington Street between Atlanta Avenue and Pacific Coast Highway; (k) Lake Avenue between 17th Street and Pacific Coast Highway; . (1 ) Main Street between Mansion Avenue and Adams Avenue; (m) Mansion Avenue between Goldenwest Street and 17th Street; (n) Monterey Lane between Edinger Avenue and Saybrook . Lane; (o) Palm Avenue between Goldenwest Street and Main Street; (p ) Rancho Road between Bolsa Chica Street and east city .,Limits (q) Sher Lane between Edinger Avenue and Juliette Low Drive; (r) Yorktown Avenue between 17th Street and Beach Boulevard; (s ) 17th Street between Florida Street and. Pacific Coast Highway. (Ord. 1947, 11/74; Ord. 1935, 6 Nov 74) . 10. 12. 4,40 Forty m.p.h. prima facie speed limit . Upon the basis of an engineering and traffic survey of the portions of the streets hereinafter set forth, the city council determines and declares that a speed greater than the prima facie limit of twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon said streets; that a prima facie speed limit of forty (40 ) miles per hour is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and that the prima facie limit of speed on a portion of said streets shall be and is forty (40) miles per hour: (a) Adams Avenue between Lake Avenue and Beach Boulevard; (b ) Algonquin Street .between Warner Avenue and Heil Avenue; (c ) Atlanta Avenue between Lake Avenue and Brookhurst Street; (d) Banning Avenue between Magnolia Street and Brookhurst Street ; (e ) Center Avenue east of Gothard Street; .(f) Delaware Street between Yorktown Avenue and Adams Avenue; (g) Edinger Avenue between Beach Boulevard and west city limits; (h) Edwards Street between Bolsa Avenue and Slater Avenue; (i ) Ellis Avenue between Beach Boulevard and east city limits; (j ) Ellis. Avenue between Goldenwest Street and Gothard Street; (k) Florida Street between Main Street and Garfield Avenue; 279 r 10.12. 040 (1 ) Garfield Avenue between Goldenwest Street and Newland Street; (m) Goldenwest Street between McFadden Avenue and north city limits; (n) Goldenwest Street between Garfield Avenue and Pacific Coast Highway; (o) Gothard Street between McFadden Avenue and Edinger Avenue; (p) Graham Street between Edinger Avenue and Heil Avenue; (q) Graham Street between Warner Avenue and south city limits; (r) - Hamilton Avenue between Newland Street and east city limits; (s ) Heil Avenue between Saybrook Lane and Beach Boulevard; (t ) Main Street between Beach Boulevard and Mansion Avenue; (u) McFadden Avenue between Bolsa Chica Street and Graham Street; (v) McFadden Avenue between Goldenwest Street to east city limits ; (w) Newland Street .between Heil Avenue and Pacific Coast Highway; (x) Orange Avenue between Goldenwest Street and 17th Street ; (y) Slater Avenue between Newland Street and west city limits; (z ) Springdale Street between Edinger Avenue nd Talbert Avenue; (aa) Talbert Avenue between Goldenwest Street and Newland Street; (bb ) Yorktown Avenue between Beach Boulevard and Ward Street. (Ord. 1947, 11/74; Ord. 1935, 6 Nov 74 ) . 10. 12. 050 Forty-five m.p.h. prima facie speed limit . Upon the basis of an engineering and traffic survey of the portions of streets hereinafter set forth, the city council determines and declares that the prima facie speed limit of sixty-five (65 ) miles per .hour is more than is reasonable or safe; that a speed limit of forty-five (45 ) miles per hour is the most appropriate to facilitate the orderly movement .of traffic and is reasonable and safe; and that the prima facie limit of speed on portions of the following streets shall be and is forty-five (45) miles per hour: (a) Adams Avenue between Beach Boulevard and east city limits; (b ) Bolsa Avenue between Springdale Street and Goldenwest Street; (c ) . Bolsa Chica Street between Edinger Avenue and Warner Avenue; (d) Brookhurst Street between Garfield Avenue and Ham- ilton Avenue; 280 14 . 12.030--14.12. 14 . 12. 030 Installation by applicant . The -water super- intendent may in his discretion authorize an applicant to make the installation at applicant 's own cost , and in conformity with the specifications set. forth by .the water department . (Ord. 674, 11/57) 14. 12. 040 . Water rates--Designated. The water rates to be charged monthly and collected monthly or bimonthly as may be determined by the city from consumers of water supplied by the city are established and the water department is authorized and directed to charge and collect the same as follows: Domestic , Commercial and Industrial Service Quantity rates First 700 cu. ft. or less $2. 65 Next 4300 cu. ft . , per 100 cu. ft ._ 0.28 Over 5000 . cu. ft. ,• per 100 cu. . ft. 0.23 Minimum Charges. Size of service Minimum charge per month Water in cu. ft . 5/8" or 3/41 $ 2. 65 700 4. 89 500. 1-112" 6. 29. 2,000 2" 9. 09` 3,000 3" . 19. 29. 7,000 4" 35. 39 . .14,000 611 6q.69 25,000 8" 83. 69 35, 000 loll 118. 19 50,000 A charge of One Dollar ($1) shall. be made for each unit in excess of one connected to. each meter. "Unit" means any building or a portion of a building consist- ing of one or more rooms separated from the rest of the build- ing by a partition, occupied independently of the other parts of the building, or another building. (Ord. 1996, 6 Aug 75; Ord. 1901, 3/74; Ord. 1344, 8/67; Ord. 1343-A, 8/67; Ord. 1217, 6/66; Ord. 1100, 11/64; Ord. 892, 3/62; Ord. 751, 3/60; Ord. 674., 11/57) 14. 12 . 050 Water rates--Construction purposes . - All construction water shall be taken from existing outlets designated by the water department or from special outlets installed at the expense of the consumer. If in the. determination of the water department , the setting of ` a meter is impracticable or un- economical for the supply of construction water, the charge for such unmetered water shall be as follows: 393 14. -2. 060--14 . 12. 070 (a) Housing tracts or subdivisions will be charged a flat rate of Six Dollars ($6) per unit during construction. (b ) General Construction. (1) For each one hundred (100) lineal feet of curb, Twenty-Four Cents (24,6; (2) For each one hundred (100) square feet of side- walk, Twelve Cents (1U) ; (3) For each one hundred' (100) square feet of con- crete pavement , Twenty-Four Cents (241) ; (4 ) For each barrel of cement used for other con- struction, Twelve Cents (120) ; (5) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Ninety-Six Cents (96re) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department; (7) For settling each one hundred (100 ) square feet of graded street , Twelve Cents (1U, ) ; (8) For settling filled ground a charge will be made for a. quantity of water equal to one-third (1/3 ) the cubic contents of the fill at a rate of Twenty-Four Cents (241) per one hundred (100) cubic feet ; (9 ) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the water depart- ment and charged at the rate of Twenty-Four Cents (24r4) per one hundred (100) cubic feet . (Ord. (Ord. 1996, 6 Aug 75; Ord. 792, 9/60; Ord. 674, 11/57 ) 14 . 12. 060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates: or at a special rate to be fixed by the city council under separate agreement with the consumer. (Ord. 674 , 11/57 ) . 14. 12. 070 Private fire service rates. The monthly rates for private fire service protection shall be at the following flat rates: 394 y 14. 12. o80--14. 1_ 090 -� Size. of service Monthly rate 2 inch or less $ 2. 00 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 751, 3/60; Ord. 674, 11/57) . 14.12. 080 Commodity adjustment clause. This clause shall be applicable to the areas served by the city. Water charges will be based on the percent use of pumped water as against purchased water and their related cost. The base year shall be 1975-76 Cost in Base Year. a. Orange County water district tax per acre foot . .. . . . . . . . . . $22 . 00 b. Metropolitan Water District . Cost per . acre foot 77. 00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $ 0. 00 to $ 3. 99 per acre foot , change $0. 01 per 100 cu. ft. 4. 00 to 7. 99 per acre foot, change 0. 02 per 100 cu. ft . 8. 00 to 11. 99 per acre foot , change 0. 03 per 100 cu. ft. 12. 00 to 15 . 99 per acre foot, change 0. 04 per 100 cu. ft . 16. 00 to 19. 99 per acre foot, change 0. 05 per 100 cu. ft . 20. 00 to 23. 99 per acre foot, change 0. 06 per 100 cu. ft . 24. 00 to 27. 99 per acre foot , change 0. 07 per 100 cu. ft . 28. 00 to 31. 99 per acre foot, change 0. 08 per 100 cu. ft . 32. 00 to 35 . 99 per acre foot, change 0. 09 per 100 cu. ft. Minimum charge 'shall increase in direct proportion to the increase in rate blocks under the commodity adjustment clause. (Ord. 1996, 6 Aug 75; Ord. 1.217, 6/66) 14. 12. 090 Water service--Applications . All applications for water must be made out on the forms provided by the water department and must be signed by the applicant. All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four (4 ) times the sum of the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10) , as a guarantee that all 395 14. 12.100--14. 12. 130 water bills, fines and penalties shall be paid by the applicant . The deposit shall not be returned to the applicant , unless the water service is discontinued, and then only in the event that all water bills, fines and penalties of the consumer have been paid in full. (Ord. 674, 11/57) 14.12. 100 Water service--Turn on charges. No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of Five ($5) Dollars shall be made for restoring the water service to the premises. (Ord. (.Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12. 110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water turned on such premises , the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises , whether the same is actually used or not . (Ord. 674, 11/57) 14. 12.120 Water rates--Date due. All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and .shall become delinquent on the fifteenth. (15th) day thereafter and if not paid thirty (30) days after the mailing date, the water superintendent is directed, through his deputies, to shut off the . water from the premises and the water shall remain shut off until all rates, fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on -again except upon payment . of the amount due, together with the additional sum of Five ($5) Dollars which is made a penalty for the failure to pay the said rate, and to pay the department for turning on water. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the water department . Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the city to him up to that time. Thereupon the consumer shall pay said bills to the water department . In the event that the consumer shall have made a deposit with the department , as required in Section 396 14. 44 . 090--14. 48. 020 00 • Tlio c1ty retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to applicant . for refund because of the connection. (Ord. 741, 12/59) . Chapter 14. 48 DRAINAGE. Sections- 14. 48. 010 Master plan of drainage. 14. 48. 020 Drainage area. 14 . 48. 030 Drainage fund. 14. 48. 040 Advances from general fund. 14. 48. 050 Drainage fee. 14 . 48. 060 Applicability. 14. 48. 070 Conditions governing reimbursements. 14 . 48. 010 Master plan of drainage. Reference is made to the city' s master plan of drainage which is hereby adopted pursuant to the Government Code of the state of California, and more particularly Section 65300 of said Code. Said drainage plan was determined by the Board of Super- visors of the county of Orange to be in conformity with the county drainage plan. A copy of the city's master plan of drainage •is on file in the city clerk's office and the same is made a part hereof as if fully set forth in this chapter. The city council hereby finds, by adopting the city' s master plan of drainage, that the subdivision and development of property within the district area requires the construction of the facilities as set forth in the master plan of drainage. The city council hereby finds, by adopting the city's master plan of drainage, that the fees as hereinafter set forth are fairly apportioned within the district area as set forth in the Government Code of the state of California, and more particularly, Sections 66483 and 66487 thereof. (Ord. 1985, 2 Jul 75) . 14 . 48. 020 Drainage area. The district boundaries of the drainage areas are hereby declared to be those identified in the local drainage areas map which is on file in the city clerk' s office, and the same are made a part hereof as if fully set forth in this chapter. All drainage facilities set forth in the master plan of drainage for the city of Huntington Beach are in addition 421 1.1► . 48. 030--14 . 4L. 050 W present local drainage facilities serving the drainage areas. (Ord. 1985, 2 Jul 75 ) . 14 . 48. 030 Drainage fund. There is hereby created a separate fund which shall be known as the "planned local drain- age facilities fund. " All moneys collected pursuant to this chapter shall be deposited in accordance with the Business and Professions Code of the state of California in said drain- age fund. The city shall have the right in lieu of accepting cash, pursuant to this chapter, to accept other proper and valid consideration. (Ord. . 1985 , 2 Jul 75) . •14 . 48. 040 Advances from general fund. The city may advance funds from its general fund to pay the cost of con- structing drainage facilities within a local drainage area and may reimburse the general fund for such advances from the planned local drainage facilities fund for the local drainage area in which the drainage facilities were constructed. (Ord. 1985 , 2 Jul 75) • 14. 48. 050 Drainage fee. There is hereby established the following drainage fee schedule: Drainage District Fee Per Gross Acre 2 $ 500 2A 2,000 3 1,500 4 Completed 0 5 2,000 5A 2,000 5B Completed 0 5C Completed 0 5D Completed 0 6A 2,000 6B 2,000 6C 2,000 7A 2, 800 7B 2,000 7C 2,000 7D 2,000 7E 3,000 7F 2,000 7G 3, 000 7H 2,000 71 4,000 8A 0 8B 2,800 8C 3,500 422 14. 48. 060--14. 48. 070 Drainage District Fee Per Gross Acre 8D $ 1,650 8E 0 8F 2,300 8G 3,500 8H 2,500 9 2,500 10 1,500 .11 Completed 0 12 . 2,000 Said fee shall be collected, deposited and expended pur- suant to Sections 66483 and 66487 of the Government Code of the state of California and all other applicable laws of the state of California. All necessary drainage fees established by the city shall be deposited with the city prior to recordation of subdivision map or issuance of a building permit if a subdivision map is not required. The subdivider or person to whom a building permit has been issued may make application for a reimbursement agreement. (Ord. 1985, .2 Jul 75) . 14 . 48. 060 Applicability. The provisions of this chapter shall apply to all subdivisions of land and the develop- ment of all land within the drainage area unless the fees were previously paid by prior development. It shall be the responsibility of the applicant to con- struct all on-site improvements as may be required by the city, including all off-site drainage facilities as are required by the city. The applicant shall be reimbursed by the city for all required off-site construction, in accordance with Section 14. 48. 070. (Ord. 1985, 2 Jul 75) . 14 . 48. 070 Conditions governing reimbursements . Not- withstanding any . other provisions of this chapter, the payment of refunds shall be governed as follows : (a) Refunds shall be payable for a period of five (5) years from date of applicant ' s application. (b ) Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 14. 48. 050 of this chapter. (c ) Refunds shall . not exceed 90 percent of off-site con- struction costs. (d) Refunds shall bear no interest. 422-1 14 . 48. 070 (e ) The city shall not be liable. for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the mainline paid for by applicant.. (f) The city ' s refusal to allow any connection or connections into the main line paid for by applicant shall not make the city liable to applicant for any refund which might have accrued to applicant if such connection had been permitted.. (g) The city retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to applicant for refund because of said connection. (h) . Reimbursement agreements covering the payment of refunds shall be in writing. ( Ord. 1985, 2 Jul 75) . i . 422-2 HLIh{ 1'�IGTON BEACH ORDINANCE CODE CHAP (Updated 8/15/75) 1` PLEASE REMOVE TROM CODE PLEASE ADD TO CODE n DM 4 DM 4 DM DM DM 7 DM 7 DM 8 DM 8 (Effective 8/15/75) PLANNING ZONING DM 4 �i SECTIONAL DISTRICT 'MAP 4-6-II 81 5-6-II ,L.LE N,EE NOTE, L DIMENSION] •E IN FEET CITY OF ADOPTED MARCH 7, 1980 •Mr ZONE "'"' OF ANY TIGHT of 9 NTENDERD TO EXTEND 0 THE CENTER OF ISULM OR OF V•Y. CITY COUNCIL ORDINANCE NO. 734 LEGEND M INDUSTRIAL DISTRICT AMENDED ORDN0. AMENDED ORDN0. a4l MULITIPLE FAMILY RESIDENCE DISTRICT R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH to 19-19 0 838 TWO FAMILY RESIDENCE DISTRICT 2-21-1966 1186 �' NEIGHBORHOOD COMMERCIAL DISTRICT 127-2-73 I855 ql GINGLE FAMILY RESIDENCE DISTRICT 7-2-73 1855 ®'J COMMUNRY FACRITIES IRECREATIONALI DISTRICT ORANGE COUNTY, CALIFORNIA. - AMENDED BY ZONE CASE: SUFFIX LEGEND 281,282,545,70-10,72-39, _ DD cCAGANING IL PRODUCTION DISTRIDISTRICT �01_�COM&NING OIL Pfl000CT10x 019TgICT r02iCOMBININO OIL PRODUCTION DISTRICT J N. 32 3] 9 0 ••lST`' -- Y A J29,0 � % I R 3-0 A N T N SNG T 0 N B E A � e2Y09'00 °o CI-0 R2-PD-0 R4-0 $' 1 C. 9• A "• R2-PD-0 \ M 2-02 ti QG,a P�D o� I F,q ti _ , r . aP 00 SECTIONAL DISTRICT MAP 5-6-10 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 4`.I GARFIELD AVE. CITY —z I I z I I w HUNTINGTON BEACH 1 i KAIMU OR. SAIL. J DR. _ g Z Ir Ma1NAl C DR. I.:.:.. PUA DR.moo _ KUK UI =J= R 's KAMUELA Z Jq -- HALAWA I J SUNDAY DR I COOK iCR Ilr CF-E OE (!:..!Fa ,r.._....LI — C n PA00 PAO�CPI 1 I' CNRISTMAS CR 3 O i 31 Aye. YORKTOWN 1 III11 137 � jO II ; FORRESTAL DR.z MONITOR OR = p 1 VALLEY FORGE 1 DR. SHANGRIRI LA DR. LL _ I z MERRIMAC DR, -- II Illll j ! I I i I l I l Ill l_ j ZZ C F--F CONSTITUTION DR .¢ J I W S _ 2 ' 1 17 I-F L15MARK DR. I URLINE DR. SHALOM DR r j I J I CUTTY SARK ON. I I I I z .:. MAURETANIACf ALP.=6f ADF.MS AVENUE 1 / PLANNIMG ZONING DM 6 SECTIONAL DISTRICT MAP - 6-6 - 10 NOTE: TV ALL DIMENSIONS ARE IN FEET CITY 1 OF ADOPTED AUGUST 13,1880 ZONE D DINING p Gnr of wpr 5 INTENDED TO EKIEND i0 THE CENTER OF SUCH RIGHT OF WAY CITY COUNCIL ORDINANCE NO. T85 LEGEND: AMENDED ORD.NO. AMENDED ORD.N0. fi OFFICE PROFESSIONAL DISTRICT 5-21-62 903 2-21-66 118T . C4 HIGHWAY COMMERCIAL DISTRICT HUNTINGTON BEACH 0-6-62 918 10-3-66 1226 SINGLE FAMILY gFAMILY RESIDENCE I1-19-2 929 10-3-66 1281 Ry UNITED MULTIPLE FAMILY gESIDENCE DISTRICT II-19-62 936 L-3-67 1281 © coNMuxrtY BUSINESS aSrglCr I-7-63 947 2-6-67 127T Q TWO FAMILY RESIDENCE DISTRICT ORANGE COUNTY, CALIFORNIA 4-20- 956 9-5-67 1349 ® RESIDENTIAL DISTRICT I.TURAL DISTRICT 5-19-63 996 4-IB-67 1349 ® CO MUNONE DISTRICT 8-19-63 998 9-I-68 1400 � COMMUNITY FACILITIES IEDDCATIONI DISTRICT ' 10-7-63 1007 5-20-6B 1412 ® COMMUNITY FACTITIES(RECREATIONAL)DISTRICT AMENDED BY ZONE CASE: 2-3-64 1034 7-15-68 1426 FL COMMUNITY FACILITIES(CIWC)DISTRICT 240.256,268,277,280,294.309.311,321,345.346,393,427 6-I-64 1080 8-4-69 1514 DESIGNATE3 PRIVATE STREETS 457,482,496,452,511,544,66-27.66-42,66-59,66-58 8-19-64 1079 I-4-71 1621 -- SETiLCK LINE 67-20,67-22,68-3,68-B,8B-19,69-18,70-6.71-12,70-26,73-11, 12-7-64 1106 9-7-71 I61 ys yI 2-15-65 1122 9-18-72 1637 3-15-65 1082 B-6-73 1861 611y2 I 6 6-21-65 1146 y GARFIELD AVE. I 1 . CITY— — OF MINTINGTON B ACH_,_A zol.ez R I L:[N1N r--.--. RI Z � a RI RA -� y"ERRY CR L' R I ALBACORE DR Z O 110 « /�^ a RI RI J RI RI 0 RI RIR5 RI J dl^ N 1 L J WILLHELN CR BASS DR. u V u RI ��e MH � � N R3 C H Tx RTEN CA 3 ITCHFIELD DR. R I y> R I R I L t U C2 W694 F. RIRI 0.(\ '3 P' RI to I OI ELARDO R. VELARDO DR. HYDE P g DR R I RI— _ 0 O. - C. F C. D. y 200 1060 RI w RA it 1260 KREPP DR. -' - FLOUNDER DR Y _ >� RI Vw CF—EQ RONNEY DR. POLLACK DR MOORIARK DR RI` (TLB%R`s..L.::1a �P1 PI RI RI RI RI J RI RI MH BLME C _ SAILFISH DR. RI RI RI .-SHAM ' OF j ,. KAREN C LL TARPON DR. 0 U RI s m r RR 3 RI EM RI RI RI �E D �j- M r GRAND ' CI DR. 4 Wj N RI FAIR TO R C4 9M ARIR y RI 3 RI m 3 RI -- -- —� YORKTOWN ] r - - AVE N RI p,p RI 2i RI VERONICA 3 DR J GREENWICH DR. c DELAFIELD Ct m FREDERICK CR r .l RI g RI RI RI a RI 8 RI RI RI WARFIELD M. U .PORTSMOUTH DR_ j OR I HOME CR NNSBRUCK RI RI J IT." RI _ RI RI �x CF—E RI K NAN7UCNET OR OR m' BOND. IF. � wOODLA.N RI - RI CF-R �a1H:1;H.aRescHD L1 RI NADELINE OR. ,� m HYANNIS PORT OR. WpgBURTON OR li CONSTITUTION DR. Rl�A a RI EF.D RI �i 6 RI CAPE COD - DR. TEL"AN OR 11 RI RI NORM LINE BE 1/4 E1/4 SEC 6-6.10 Q FRI Ci F—E R2 �'� .L = ,�I J I� 1'.Y:•.R::!.Cav s.....::!.) GH0'fON DR. MCKLEY DR. �: R3 R3 R3 R3 R3 R3 z3 R2 y mEExL__ E ------------' ------- 4t � PETTSw00D DR. R3,coNny[xT.i_____________________ . PIONEER -- cA eRa L- - _- ---- 1320y TD R2 5 9 N 5g R3 R3 RI RI RI RI RI R3 R3 R3 R3 Y R3 R3 2; A v~ GE7TYSBURG DR. R3' 1 R3 R3 •.§ rc ______________oa_ aa --- --e II N.LINE LOT By TR 4493. RI 0 W F' It R3 ;J 0 a w Ewe„ 31 -_"_:___ Llk. o �� CRAWFORD CR. u u o� R9� R3 ''DR3�!1 R3 . ,ouRIuR3 R3 R3 �O L' > s ''3L•.___:� wulxG' CZ 0o a5 10 1 5 0m 9`_ - = _________$ AcR3 ��,_. - ` R ADAMS AVE. / 6 5 1�1 6 SECTIONAL DISTRICT MAP 7-6-10 L. CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVE. J�L— Or I NIC.-Gio-11) MOX:— DR CR. o CATHAY CR. T 7177TI"' MEDITERRANEAN NAUTILUS DR. CANYON LASSEN LA .1\'\ C CAN DR. z- MAuuorN DR. DR SCOU6AI.L CR YELLOWSTONE IND �N.UT.ILU L 7-,ETT OR I T GF—E �-t 7.� o —M—K CR z S.EY CR —o IIEC.DR lw CF R BROWNING L HAZELEIROOK DR Z9—HINT GIN BIG SUR DR. —Lfz-— ig I I BAY MEADOW DR 3 ooij 3 IT VICKSBURG DR TLAND EIR Z. HOT SPRING DR Fig INDIANAPOLIS L z 5 CAITHNESS DR.. LA CPeRTA cn ,R HINGHAM OR ------ SALINE ELLSWORTH 'DR. CF-E OR I DUMBRECK' DR SALINE I fDR I A ANY cp. NETHER— DR z VOYAGER CR .0.0 CF-Er 10 SPENCER CR 3 N.C`E ERSKINE DR, (PARK) l��.= SILVER ITIIND DR. -TF?. EpDR WDODCNE5T OR FRIUMISCOURT DR STAR OR CAR RO LL TO WN tJ 0 z 0RNNTE ODD CR. _ zI CF-E DR RTH CR. ., .BURK L I YZAN DR. P'AND DR COMSTOCK DR DRAGOx CR. ,,DEVER DR U) OCEIN'ROOD DR SKII ARBOR CR T�l z L3 CHANCE —T-11 DR CR. LEAGUE OR HAI-FLf ED FIRESIDE k �.R SCOISTOUN s DR AD ATLANTA sAVE. 7— y PLANNING ZONING DM 7 SECTIONAL DISTRICT MAP 7-6-10 EC.LE NFEEr NOTE: ALL DIMENSIONS ARE IN FEET CITY OF ADOPTED AUGUST IS,1980 ANY ZONE RIGHT IOF ANY RIGNT OF WAY IS INTENDED TO EXTEND TO THE CENTER OF SUCX RIGNT OF WAY CITY COUNCIL ORDINANCE NO. 765 LEGEND: AMENDED ORD.N0. AMENDED ORD.NO. = SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 8_e_82 918 1.20-68 I46 RA RESIDENTIAL AGRICULTURAL DISTRICT 5-4-62 1056 1.20-68 145B CI NEIGHBORHOOD COMMERCIAL DISTRICT 8_15-664 1062 4-6670 1567 ® HIGHW rtr MMERCOBM 3 DISTRICT 12-7-64 IIDB 4-6-70 1568 © COMBINED LWITH ML DISTRICT 3-1-65 I123 )2-7-70 1617 CAMBINEO WITH OIL PRODUCTION ORANGE COUNTY, CALIFORNIA 5-17_85 1141 2-I-71 624 COMMUNITY FACILITIES(EDUCATIDNNAL)DI TRCT 12-8-65 1168 5-3-71 1846 COMMUNITv FACILITIES(RECREATIONALI DISTRICT AMENDED BY ZONE CASE: S-Is-66 207 a-I6-71 s6a SUFFI% LEGEND 255,416,446,482,502.510,539,66-12.66-34,66-42,67-11,67-22 8-15-BB 1243 DESIGNATES PRIVATE STREETS IO-3-86 1257 ---- SET— NE 1 66-65,6B-36,68.45,69-45,70-3,70-17,70-23,71-4,71-13, 5-IS-67 1323 9-18-87 1349 9-18-67 1347 1 a t S u T ADAMS AVE. r s L II RI RI u - u anac /� /� RI RI RI C/I w N C 2 "I R I R I R I R I R I ROCK OUNrAN DR ' .—I R cR. ,� `T G d R I RI z T8R RI - RI RI YRI RI RSo•c I ` H RI RI MEDITERRANEAN DR. NAUTILUS DR KINGS CANYON DR. RI RI R! RI - RI IRI LR ass DR CANDL EWGGD DP EN _ 3 - R I �pxuorN OR. I-_�� RI Z R I 3 RI RI j RI URI ¢ TELIOWSTONE °R IW. RI R I u R I V R I OR RI AJETTai RI J RI RItR CF—EB ISHO:t.SITEI RIoPAD oc LR RI R I j ELK pRRI it a RI 3 CFRs ow BROWNIxG p+ N42ELBROON j nR. $ ^ R I RI RI .—_.!j--- -------------- 1 RI R I $ EROANT OR BIG SUR i DR. u JRIR RI BAY MEADOW RI OR. 9 RI o RIg RI b."'C!S'icHCC:LI " V VICN39URG DR.RI RI :RI c ; RI RI R11 °R RI W RI RI RI RI RI RI OR HAVEN oR s HOT SPRING DR. 3 RI eCl : RI -I DIANAPOUS 3 AVE Y0 RI RI R I CAITHNESS a DR. RI RI 9 RI La CRESTq eR ; RI d RI RI g RI CF" a RI RI RI _ RIR. _ HINGHAM -DR R I IpND DR. RI 5 RI ELLSWORTH DR. C F-E RI RI R I R I wTICGArz al. (!SA.AC Si:WERS SCHC?:!.) DUMBRECK DR_ ~ RI BPINNAKI DRIVE R I R I "g 'RI RI HARCOIRT R I AL AN CR NETHERWAY DR. OYAG R CIRCL! RIJ RI J RI RI RI w RI M RI RI ��.R�� oz.IIR l � � _ R I SPENCER CR SUNRIDGE DR, ERSNIX JR CF-R t RI RI : RI LE RI Q WDODCREST OR. J FRMRSLOURE DR RI STAR DR. J CARROLLTOWN 0 u RI RI RI RI RI ]JR ZCD R I WINTERW000 CR_ RI ; M CF-E JLppWOp{H GR Q �1 . RI (RC- RT 5.RI RI R PLANO DyD �x; CX COYSTOCK DR. RI RI !nE DRAGCN CR. RI NDEVERD Cy RI � o RI s ; RI Y 5 RI ; WESTCLIFF DIL u RI S RA RI ; CHANGE CR. 8 W N—LEAAUE DR = R I R I R I 3_ Ioo GO �� S E RI RI RI RI FIRESIDE i DR. SCOTSTOUN R DR KITE DR_ rt R5 RI RI M RI RI RI — I ATLANTA AVE. u 7 7 t IB le le 17 t SECTIONAL DISTRICT MAP 8-6-10m CITY OF HUNTINGTON BEACHA& ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP O ais ADAMS AVENUE Ll ! I � WI W W NNI4GAp4 L• m pp %� I u I I I WESLEY CR �I I I i I n, DR VECE01 g IpY'1 I DR /-1L'T'—•- � 1 I I I �_ J T % l' I I OK % Si ON�BPO I � IRCHWOOD 1 CRAILET RW�CN DP f C;F-E I:YN HI4 I IIi I HERCULES Ln I Q BENERLY • m Z THESEUS 1 1piI m°IQ 2 EYDIE � DR. I IF N DR 2IY 1 Q 1 SUN TIN LR 1 ' I I I u SIGNET CR. t In cc u El CIPIT4N DR I Y 1 O 2 Q Do snR ^g rn I I ATLANTA AVE. ----- S PLANNING. ' ZONING - DM 8 SECTIONAL DISTRICT MAP 8-6-10 ADOPTED AUGUST 15,1960 NOTE` CITY OF CITY COUNCIL ORDINANCE N0 705 ONY DI NENANINB ARE IN FEET. Al Z OxE TJOI KING AN T cF AM N ORD,N AMENDED OR N0. S I TENDED O EK TEND ro THE E.NiEN E OED .�_ OF SUCK'RIGNT OF 9-16-63 1004 -2-16-70 1554 LEGEND: 2-IT-64 1038 CT 5-4-64 1055 ® SINGLE FA BUSINESS RESDISIDENTIAL DIIT 12-7-64 1106 ® SINGLE FAMILY lRCIAL IS pEITRIDT HUNTINGTON BEACH ® NIGHKNr COMNEPCIdL DISTRIL 6-4-65 1145 COMMUNITY FMILITIES(EDUCATIONAL)DISTRICT 9-20-65 1158 COMMUNITY FACILIT IES I RECREATIONAL)DISTRICT 4-IB-66 1202 7-18-66 1228 10-3-66 1257 ORANGE COUNTY, CALIFORNIA SUFFIX LEGEND: AMENDED BY ZONE CASE: 356.397.416,482,513,522,66-8,66-24,66-42,69-37, --- SETBACK LINE T B B9 ADAMS AVENUE RI w W RI RI o RI N to C 4 NIAGARAE DR RI ' J WESLEY CR I I RI %5oo-CL R I s DR RI R I DR. OAY R I I R OR - OM STONYB0.° 1 R I DR. R I R I I BIRCHWOOD R I a. - _ CRAILET s _ RI zT ylyeT _a i_ 1 WARWICK DR RI a. CF—E CF-R RI CYNTNII,6 401A I NERCLLES DR. R I -, R pIl 2 Rl Q REVERLY DR. Q I fl R N SEUS DR RI EYDIE R CLIFF R I DR. I RI RI ' SUNTAN CR I RI RI I SIGNET CR / •• U) RI w I e EL CAPITAN pp O DD Rcc I iI i II m u1 4R RD RI e 1 4' R- C2 b RI I 61.2d ATLANTA AVE. T�e IB 6 PLANNING P ` a SECTIONAL DISTRICT MAP 9 -5- II a� °° M F"T In CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP WESTMINSTER Jj AVE �� L J F a L` F 9 „ JANE 5T N O' u o < m i j P- O U Ti N E HACIENDA / 9 STAR WST DR J . G o J B Q CNINOOK DR. AN(#RS DR.�> J LA � SANDS DR SIN SDUCI CR. 9 Ri H NeL R CF-E FRONTIER CR. ( q04 (SPRi"1GDALE S::fCC:.) DR � 2 >CROUPIER DR. W J J s °L�° DR. NUDGE CR - PP? / U.S. NAVY R.R. 1 j U (Mi.DO!iNF:.i.[XiUi+LA9 SPACE SYSTEMS CENTER) u _u = J u G V Z J O K m a. r BOLSA AVE PLANNING ZONING DM 4 SECTIONAL .,_DISTRICT MAP 4-6-II a 5.-6-II ..,, NOTE CITY OF ADOPTED MARCH ;1880- al DIM[x.N1x3 .ei Iy Rai ADD ., .x.TON[ OTOIN�N4. �Dx, a f [NO^O D F.:�:D TO T•l INiLN aF iucN eYi of CITY COUNCIL ORDINANCE NO. 754 LEGEND .PI.S�.i iNOUSieML L'�Iu�Ci AMENOEO ORD. AMENDED- ORO.NO. Iig41 MVIITIVLE ..MIL, RESWNCE DISTRICT Iq)i I„ITTO MULT.PLE 1 RFSIDEM D-DTq:.I HUNTINGTON BEACH 12-9.1970 :60 ,p?I 11W,FAMq,q,.1S. DE 0SI 2-21.1960 1198 iti i x 0N00RH00V COMMEKIAL D-STRICi 10-19.197C 1608 i�J S�xGIF FCYILv gFS10EMLF OISTgICI 7-2-13 1855 liFlS F.uYML41Tr F.Cn IPFS IgFCRE11gNq11 P)IRlf.l ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE :uFFY LEGEND O I OMRiN�NG .gOWtllOx n•Si Ri:I 251.282,).5.-0.10.?2-39. ,01:Ca NIW 01, PRODUCII Cl_l 'Cl - - ;oz;coyeixlRc cIL ggcoucnr.o, ... 'O I . i ORDNiI FO• 133-0 aa :Q°o C I-0 '•r` ' „n.,.N•, R2-PD-0 i R4-0 i 9� c R2-PD-0 M2-02 ,a \ mod;. � � • :'DDT. •a 0 \\ 1 qy i IWNII n^ SECTIONAL DISTRICT MAP 5-6-10 Ia"� CITY OF I HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP GARFIELD AVE.CITY i1 f HUNTINGTON BEACH KA-MLI lIR SAMOA J OR 1 a 1■■ a n. i MAIK4 DR_ 1{ .._.. Q ' I Lw I _ . ._._ I i t m I wA -- � o I � I 41 r, KAMIIELA I j I HALAWA _ 4 - Sm.. DI1 �- VII I COOK cR I -t- o.Ao c / DJ � cHR,arM s u 3 l 1 l CAL YORKTOWN AVE. FORRESTAL OR. - MONITOR DR. VALLEY FORGE OR. SHANGRI LA DR. Q MERRIMAC Y_ 1 CONSTITUTION DR.w -- — � W _+. p .� 2 7YOj5 R iSMARK OR N a _ LUR I DR SHALOM OA �._ i CUTTY SARK DR_ LA Z Z f 1lJpi. .91-: 44 ! _ CwKLKY. -4' r ....r.. ti Z om .. J •ia ADAMS AVENUE T `I I sl4 1 PLANNING ZONING DM 6 SECTIONAL DISTRICT MAP 6-6 - 10 NOTE: ALL DIMENSIONS ARE IN FEET CITY OF ADOPTED AUGUST @,1980 uIr iN#to&xE T.Ip..n..D TO T E CENTER aIMNr or WAY UCH H:CN ,TO Or S CITY COUNCIL 0110INANCE NO. 785 LEGEND T OF wsr \ AMENDED ORD,NO, AMENOED Opp,go, �I[--1l-b OFFICE PROFESSIONAL DISTRICT 5-21-6E 903 2-21-66 1187 N16NWAY CMIMERCIIL DISTRICT ' HUNTINCTTON BEACH 62 92 7 -66 1267 SIMILE NADLTW, gFAMILYCF DISTINCT ID•1-62 929 10-3-66 1257 IINLE MAMIL;, ESIQrN RESIDENCE DISTRICT n.19-62 936 I-3-67 1261 CONN.— II—ESS DISTaICT I-7-63 947 2-6-87 1277 A2 iw0 FAYILv AESIpEN[E 015TiBCT ORANGE COUNTY CALIFORNIA 4-20- 966 9-3-6T 1349 ® MOWLEHOVRESIDENTIAE MONCILT1RIL DISTRICT 5-20-63 996 9-IB-68 1349 ® O MUNOME DISTRICT 9 8-I8-65 988 4-I-6B 1400 � COMMUNTY FACILITIES IEd1CAT10N1 DISTRICT AMENDED BY ZONE CASE: 10-7-63 1007 5.20-60 1412 ® COMM UNITY FACLITIES(RECREATIONAL)DISTRICT 240.236,268,277,280,299,309,31I,321,]45,346,393,427 2-5-6{ 1034 7-15-BB 1428 ® COMMUNITY FACILITIES(CMCI DISTRICT 8-I-64 1060 8-4-69 1514 _ DESKNATE9 PA-TE arim e 487.462,496,452. 11.544,66-27.66-42.66-59.66-58 6-19-64 1079 1-4-71 1621 -- WTSACN LINE 67-20.67-22.68-3.68.0.98-19,69-18,70-6.71-12.70-26,73-11, 12-7-64 1106 9-7-71 - 1657 - !: 2.15-65 1122 9-18-72 3e 1637 3-15-65 1082 8-6-73 IB61 31 132 J� 6-21-65 1146 - 6 1 3 GARFIELO AVE. of =1INGTON R I i Ea.ez R I a `�'w R I RA x e"RI a U R i ALBACORE _ -_DR I MD a RI RI RI R1. RI 0105 RI F 2 J W N CR W _ I , R I 9A96 DR= L�� R `� RMH= flR3 rccNF1 o a2. R i w R I R I Ci2 E N CA ;..,E RI s N l RI S ELARDO VELAR00 -DR.- NYDE MAK � R I - RI - -- ol 0. C. F. C. D. J, NMO zoo ED:G•_�'R I R!W R I P:'h' 1\I .:::I+N I'W'7i`H - RA RI' __._ ... _...I ..........................._ _.__._._. ---- ._.___.._..__._________________....._..__... L - TIe KREPP R. J FLOUNDER R S Z i t _ Y _ 2'. - B cr RI CF-E 6 E t RONNEY DR. - P LA K YDaMRN DR RI a 1'fALBF.RT S::IG:EI :PI u RI R I 5 MH pl RI RI RI RI C _ SAILFISH -DR. _ RI RI RI 1 = NIABIAY ' ,. „ TARPON - - CR uRI RI ANNK 3 a ' GRAND DR. 3 RI RI �, RI RI &,RI RI RI s RI FAIR n 3 - R _C4 YORKTOWN j - - -- RAVE. RI 8 RI RI 3� "" m 3 KRl ' VERONIG B DR J GREENWICN DR �DELlF1ELC C iREOENCN -CA 6 R RI O= S RI IRIRI RL2R RI RI PORTSMOUTH DR. DR I MOORE CA Tl BRUCK _RI fLv. C. RI _ RI RI �x CF—E RI �I NAN7ULKET DR WOODLAWN oR R SORT, C W I RI CF-R (au.,>•.aa SCHOOL) 'I RI MADELINE D11. 0 LL m HYANNIS PORT R I DR. l WIRBURTON a pR m COMTINTm OR.' RI RI cF RIR15 RI a CAPE COD DA. TELN N pa S Me0 W _ RI RI NORTH LINE SE U, 1/4 SEC 6-6-10 CF-E _ r R2 x J _ h (NAM:^._�W,,:;Ni?ifi.) GROTON DR. mcxuY _ __ _ oR 3 R3 R3 R3 f R3 R3 R3 b r I` nMrcaE Q PI ER PETTSw000 - :-- CM.MIIO¢Lhv. NIM1GtpODprx - - 132o! To R2 S RI �'' , a. RI RI RI RI RI P.S R3 R3 IR3Y R3 •R3 R3 FT R3 R3 R3 bz. US �I I GETTYSBURG. DR. RI cD9Lw @� R+� I i N.LINE LOT e5 TR4A95 RI. C1 W ,y� Fl,, :� R35 Ig'I d CRAWFORD CR. w $ - :DR3 `p�'- ' R3'�d R3 _ Ho ED -- C4 „ u w 5 CC! R3 r_. RS C2 I IDp � r o_ w .R R5 o x o t 6NDrD ==a R3 a I . _________________ :_y —_— ADAMS AVE. r e 6 S 12 T e j SECTIONAL DISTRICT MAP 7-6-10 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVE. t 1 I_FL - a,Iu.c DR _ m I ! I M ..:IAN FOR RIINIER R. . - !— Z CATHAT CR- I MEDITERRANEAN DR. __ o NAUTILUS DR. i I KINGS un.oN OR. j��1 wss IDR CANDL wooD OR. `AEREN € _ - — MAMMOTH DR Z I� DR ���/ irl vELLOISTDNE MRYVIC,:~lN CR i � u I _ , _TTOR - " 1 -`r('rT - CF-E SMDNET CR ECK OR. I q¢ BaoWRlxc oR -NA2ELBROOR 222j OR. 5 C!� ROANT OR BID SUR DR ' 6 Al BAT IMEADOW DR.I I R R (':T i nHN...I •I „^.i.l - "�-— w d '.[ $ VICKSBURG DR 's - IFRi'dAiF.l.:• O IS p{may*W OR j8 0 1 R Li A,STRATMCOxA I CIOIOnPVEN DR F 3 2 NOT SPRING I ! DR. INDIANAPOLIS - L CAITNHE99 I 1 DR. - A'CRi9:A CR =— u C F R — -- COU cAN wxlalAM DR I I' \. I ! I I I I i I _1— •`, I I FILAND OR. SALINE pR -- CF-E ttterparN Da. DA g — ^ m d�_- _ ._.l- (i:;A.A:SC'PoE.RS S....::;_I DMMaRECM DR H _ -- SPINNAKER OR OR NETRERMAT OR --- VOYAGER SCR ` _ — f I _I_; ; - �CF-E b --ate S I r i I T I _ 6P NCER CR SUNRID OR. ERSKINE AR (`ARK) SILVER 9TRAN ON I - ---I_. LEVEE DR Q M.—r O WoODCREST OR iR1AlISCpafT eP STAR DR J CAaROLLTOWN O 3 _ Z A J i I I I WIRTERWOOD CA. >< C F-E LAPWORTN IvI ' ~ A CR R= 2 1 COMSTOCK DR. a RADON CR. NDEVER UD �ANWODO � NARBON °u\ be WF9TClIFF DR. JORA CN o CHANCE CP. _ 0 z _� - a FIRES�OE z OR. IQ SCOf9T0uN OR KITE OR- 1 s 7 ATLANTA " AVE. u ; J I�a r•e Ie I I PLANNINIT ZONING DM 7 SECT.IONAI. DISTRICT MAP 7-6 ' 10 - NOTE= (CITY OF ADOPTED AUGUST15 1940 •r. Roe •om•., n..u tint a ^I CIi' COUNCIL ORDINANCE N0. "5 LEGEND AMENDED OP0.NO. AMENDED 0010.N [e 1- .�woLt r.nsr al.,arrr Is-e r 1 v 1 Bd•et - 919 - it-le 66 14as L!' ."r sla.n•, •n.�mLlu.4 c•f••.:.. 67 H L�N I I N(:�TU N BEACH ... rob, 120-69 566 1 M tl x.MwaOV'r COr.E.6..1 5•_ ItJ-{4 Ii0• 4.6-70- ,586 ,•1•{5 1*3- 12-7-70 1617 ��] CON61ME0_r w aL I.DDar,law '� t 6-IU05 -1161 2 I"tl - 1617 -- LL'SS cart,rn.•e �nrc�rouu-ox•.�os•ew ORANGE C O U N T Y, CALIFORNIA 12-6-R5 1166 5_)-71 :646 RJAI c^rruwn. tSlnrrwr.•,nw. . AMENDED BN .ZONE CASE - - - - - 5-IF•6b t2u7 A-16-r, ,664 ..UFfI% LF,END 4eE.Sol.510.!39.tin-�7.8n)4,{{42:o'_II af_;i - 6-IS•{6 Ito) Ilfsmr•n.e.wnq S,arras 10 3-66 1257 64.65 •5.69.45.1•.45,7n 1.M.:1 M 25.71•4.7.13. O.16.67 132) 9-IR•67 1347, . .• . S-Ix-Rl 1547 T\ 11 AOAMS I 1 AVE L 1lL - g Rl v~i i I RI RI RI I I Ri RI RI :RI C4 nog OR1 ;RII 6 RI I RI - RI RI . I 6 R 1 RI K RI �6�- aQpq . _...__.. . 'RIj _ Rl Rl, Vat ,rxf- rap RI--- ._.___.....� � ���I. � RI ��1[r1 RI 18P, 1 I - J 1-..-. _._—fA _ `j Rl M " I� AND,E9G40 r�yax C �3 p ... I Rl 1 ?� RI. ; _Rl RI ii7elAW RI l' -__ - _ IJ -(URI g _ �___.ruarsrore RI J RI s AI.-u RI I "V R� I �_•�} RI- AI� Wa.. -RI. CF-ERI amem6E — I :- oil. o R 1 R 1 i l — I" 14I �RI l 1�tPY;t_-_> ,g S- RI I Rl RI CF-R ; V r� r•.. J ?__ __ is 5 "warl,uo o. 1" NA2E1.91woN 3 nR L RI RI RI RI Rl. Rl 6 - _ - •��,m ero sw P. RI 9 .j rr S n.. lR.aov Rl _Rl J RI RII S a. 9 ..a. a L ;.. _ R( 411'Rl o RI% RI i RI RI " : RI RI RI RI RI Rl RI 9 � Rl AVE Rl Rl CF_RrI TR�l0 RI RIRI" RI RI RI } RI RI RI RI Rl RI _Ie-- r �r RI $ RI E 7x ----�---- CF-E rtl „ RI Rl . RI pill �jw.ic.Rl RI! i RI I. I - CRI. Rl^ Rl �� 4 I �1 w� xLIM.T-y 41i- q ,RI Rl �rl RI I.I RI RI i ..,^+.:_R Rt (r) : RI �S IE RI RI Rl CF-R RI RI _ 7 Lr --�^y— Rl I { � ` Q 4I'4 :c.ocers:_-----JJ muecmwr a RI r C - IIRII -RI �.RI �F_� - RI Rl- - R 1 .w•l.,oFo U I 1 Pl Rl RI �—I I :ra S RI { RI RI RI �.7f RI wo[ie . : RI _ ___Jy -- - — - RI y p .-_w RI y_.r _. RI - ,r• II5! R Lcx•rcc c ! RIw [ R RIC4R11RI RI Rl ilL ..�. 1_ - RS ATLANT4 AVE. (\ E I SECTIONAL DISTRICT MAP 8-6-10 OF i H t Nrf I N(^,"TON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVENUE 6 I 'A L I i CF-E N 1 CF-R I I I t . j y l--_ 1 ATLANTA AVE. ----- -- .. .--------- PLANNING ZONING QM 8 SECTIONAL DISTRICT MAP 8-6-10 - ADOPTED CUBUST IS.1960 NOTE - CITY C0IiNCIL.0N0IN4NCE WI 1`85 LEG�,w.`i�vi� . .. ..i . CITY U�, 6MENIU ORD.ND AMENDED URD NU _ G :I'�w•n END 9-16-b3 1004 2.16-70 1554 A 2 '036S.4.64 106S L&i12 7-64 1106HI SN I'IN(�TC�N BEACH9 2065 115A cowurl.r•r•,r.c°.•.,.w. .'o. a corwrn.r•r•�.r.urc+l•••.w•.._„ 4.4.65 Dap•I8-66 1202 - - - T-te 66 1226 10-3.66 1257 _ ORANGE A,0UNT.Y, CALIFORNIA SUFFIX LEGEND AMENDED BY ZONE CASE: •r6,l9•.a5,M2;SIl.3)?.68.6,66:24.66-42,69•!7, ., - 1 -' ADAMS _ - AVENUE IRI + t e RI C PI p RI - - - C4 i Y RI I -- rem• -----� R I ;� RE I [[[ R I °• RI ,TWtrM° 1 RI Pi RII RI RI R 1. N11r1C•-M - I - I. RI� CF-E CF-R RI X +i.cu nl oX RI R 1 elT_._ + ` • y.o'1i' I >b RI - 1- R1 I Al l�RI ' I I 1 - �RI 1 RI � I R R I to 1 j ;cz► p � �.�.:. � ATIANTA AVE. ' i PLANNING " SECTIONAL DISTRICT MAP 9 -5- II C1'1'Y OF r 'ir �. - 111.1> N ri.N(11 (.)N F -F ACH 0HANt: N; COUNTY, CALIFORNIA USE OF PROPERTY MAP. : wE STMINSTEp - AVE t / UANI St a LL- 1 • DR TARpRT _ DR y NI tilt DA AM'i[RS SANDS.. DR SAN SDUCI CR FRONTIER CR I j �`-11ILTi 17 _ 21 U 5 NAVE A R .0 < U I w l' J 0 N V' J 2 O R m I In a NOL SA - AVE A-ANNING ZONING DM 4 SECTIONAL DISTRICT MAP 4-6-II Ek 5-6-II NOT E, CITY OF14.1 ADOPTED MARCH 7,1980 •w,Y;DPE D'o�w,xa•w. a iucx wT or CITY COUNCIL ORDINANCE NO. 7S1 LEGEND 1A.MENDE ORD_NO. AMENDED ORD.NO. �I�I ],wOmI.eFft MFfC YiuI v PFSwRNC[as I RDI P.Csi+, 9.19 93 .. [:4=ox o,]FP,[, 2-21.960 'C. xlM coYYc— as, 1.�19.1970 I606HUNTINGTON BEACH -2.73 c. P, m 1935 r wu„[,fe0•I PFs aFCPFe 1'oxu ins IPr,+ ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE sur CMw. LEGCMf1 ],P o. owwc n, ,woou ninM n .91,292,5e3.'040,72-39, ;a;coe,x,xe Dn exooue r,ax C"]+P�C+ 'O7:GOM01 WRG DiL RR000 OTr,•..i... r]21]] i ,x R 3-0 R3-0 °..A. I `r! R2-PD-0 CI-0 R4-0 s. i I i 1 I ° 'bo R2-PD-0 I M2-02 I I ooe qti \\ i SECTIONAL DISTRICT MAP 5-6-.10 o. I � CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP � I GARFIELD AVE. HUNTINGTON REACH a ' r '..!MU DR i I SAMOA OR. G I ... MAIKAI so DR �w .T A o it III m RUA DR. - _m J= I I(4MUELA DA. t I I 2 HALAWA 5UI1DW DII CO00. C0. CF—E s / J i AVE. - 171v - VQ � r VALLEY FORGE 1 DR. - ` SNANGRI LA I Q MERRIMAC a.. — I -- CF—c CONSTITUTION DR.E 91SMARK __ OR -- L I a �- Y I� SHALOM DR ti UYTY SARK DR. 2 rc . ITT - o Q O p z ..I.,_ y ' CA : z ADAMS AVENUE - E iA`I s .j`► PLANNING ZONING DM 6 SECTIONAL DISTRICT MAP 6-6 - 10 NOTE: ALL DIMENSIONS ARE IN FEET CITY T O� ADOPTED AOOUBT IS,IB80 or LONE AOJO NINc GxT Rlcxr of war \ ■L■E 1■ 1 Y OF INTENDED TO T OF EXTEND O TNC CENTER CITY COUNCIL ORDINANCE NO. 785 LEGEND: . AMENDED QRD'NO' AMENDED QRD•NO• N5 OFFICE PROFE5S.cNAL'DISTRICT•. HUNTINGTON BEACH Io-1-62 BOS 2.21-88 1187 NlMITED13. A.TPLCR FAMILY wRSIDE 8.6-82 91B 7-18-66 1220 RI SI.11 14MILI RESIDENCE DIeTRICT lD•I-g2 B26 ID-3.66 1257 1141TC0 MMLTPLC'F141LY RESIDENCE p15TRlti HUNTING TON 936 1-3-87 1281 cz c".M yY BUSINE59 WSr CT 1-7-63 947 2-6-67 1277 R�2 Tw0 FAMILY RESIDENCE DISTRICT 4-1-63 958 9-5-67 1345 ® xESIDED/TIAL AG lCIA.TIp111L DISTRICT ORANGE COUNTY CALIFORNIA 5_2D_63 966 3-IB-67 349 ® MOa LINTY DISTRICT 8 8-19-65 996 1.1•6B 1400 m COMMUxITY fACILITIE9IEOUCaT10x1 DISTRICT t0-7.63 1007 5-20-68 1412 ® COMMONITY FACI:TIES IR[CRE—ONALI DISTRICT AMENDED BY ZONE CASE: 2-5-64 o3a 7-15-se 142e (CVVICI 240.256.268.277.280,294,309,311.321,345,346,393,427 g_I-64 1oso B-4•69 1114 © COM40NITY"'"T1ESREETS DISTRICT OETBA A L PRIIpTE STREETS 057,482,49g,4S2,311,54486-27,6842,66-59,88-58 8-18-84 1079 1-4-7I 1621 __ 3ETRAtK IE 67-2o.87.22,68-3.6B-8,SB-19,69-18,70-6.71-12,70-26.73-II, 12-7-64 1106 9-7-71 1657 2-15-65 I122 9-IB-72 1637 DR i 3-IS-65 1082 8-6-73 1861 e ` 6-21-65 1146 GARFIELD AVE. � I --- -- I . aTY-- OF MINTINDTON — EA RI 3 0 za.ez RILNiN RI RA z!- gl OR z R I ALBACORE DR 2i -I S. 1 pal x jw RI cR RI RI �RI. $ RI 3RIxR5 RI ,o�n _ N C2 I j Z Bash DR RI RI _ _ m M H R3 C Al CA # ITCMFIELD p+ R I J R I 4 R 1 R I C2 1 esAE N RI _ m RI RI a VELARDo R VELARDO DR. Q J I 1 xr PARK Q OR R I R x I f n 0 o. C. F. C. D. 'S roeo 200 -._..._.'_.. .................. ... RA_' 1260 KREPP OR. FLOUNDER DR i i t RI z I. W- w CF—E E' a RONNEY DR POLLACK DR ` Y00MMeM0"RI• (TALBERT 1 xPl PI RI RI RI RI J NRI RI W MH I _ SAILFISH DR. _ Rl eRA.AM +ao: OR i KAREN C XTARPON g RI a RI RI RI RI �Rl �T �1AMMK Rj pR W GRAND OR. RIp 8 CTRI s RI —'-- YORKTOWN AVE. .--! RI o RI RI ""' m RI VEROxlC4 s DR I J GREENWICH DR. V DEL FIELD C 3 FREDERICK CA R I I I R I IH (i;NA s.:Nrn.1 RI RI 3 RI o RI RI RI WARFIELD OR. ,PORTSMOUTH DR. ON MOORE ER Tl .�' _ I 50RVCK r- RI RI RII RI ,IRI x CF-E RI NANTUCKET DR. mnBOND DR wOOCIAWxW RI CF-R _ 1BI''"'.Roscrl`'cu 9 RI g y RI 5 MADFLINE DR. LC-Ay PORT DR. w4RBURTON OR < CONSTITUTION DR. RI oRl�= RIRI CF-C RI COD DR. TELN N DR UR RI IRI NORTH LIKE SE 1/1 fT'E 1 +L i _____ r •i C F-E J I� ('WA!tD..'N..:::HO..i.) I GROTON DR. acxLEr R3 RS R3 R3~R3 R3 i R2 1 PETTSw00D OR IS R3 <°M-_NFS __________ Pt ER I R2 .DE4SPA!4LW_--i�_ ;OixeoOr K-7'61f.x 1320• TO 5 x --I F• RI RI RI RI RI RI P3';R3I. R3 R3 R3 R3 R3 R3 R3 ,, R3 Y. R3 ¢ GETT"BLR0 DR. RI GMyw�iy_-_ __ - _ �8 = coos_u!_-_-y-rs[Ln I ____r�L-`'1__------ _____ _wl!nt____.• _ Y H LME LOT eS TR 44s RI •.._� •=4= 3' R3 '3 �- - O 3�' T� �GM4Y -OR_ 3a' /�/� R11 tRlAYFORD CR u 1~iI W c �'' R3 ;1 R'3 41 m iaD La �I A. W o a R3 R3 b,n �/ W �L DR L________ ' - ____ Y R3 u`.2�alafvl R3 •8; R3 � ADAMS AVE. e e 5 N Y T e � I SECTIONAL DISTRICT MAP 7-6-10 Cad[ K Z CITY OF �. HUNTINGTON BEACHA& ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP IT \ ADAMS AVE. Z _ 1 ¢ °R _ _ I I I . I RY/T.pY.:1.N rpP J RAMrER CP. ` CR. — MEDITERRANEAN DR- __ o I NAUTR.US c'T�—arl I J KINGS CANYON DR / I i - -r—r —L- I I - I — -_ _ I Cwts w - CANDLE ODD DR. u x — —_ I - ---- YAYYOTN I OR nz ti pR o ' s< cR 'ELLwsroNF Rr I k..DP$a� I CF—E _ CR 01 Q Z O < SYGK-CR _ (V. :•:::. 1i J O - _—I— __ F W ECK°R. s✓ ok a a_ a I-1-r - _ CF-R RA-RANG M NAZELBROOK 3 DR. "I I RDANT Cl BIG Sw z DR ,_ z Bav YEApOW OR. I ;.N-S, J vrcesquRG OR c - IT �9tgATxto#@ruw W - _ El apl;oN.vEN op s ; NOT SPRING DR. INDIANAPOLIS - CaITNNE59 pR. z �l AN xINGH- DR z ETLAND pR. J S L E OR 1{ CF—E �CASfLED oR rl-� 8 ^\ r I m nuropr wi W ri D:il..i:S•.:�Y.'::'•'.:i.,... I-) I DYNBRECK•I OR~ _ -- I SPINNAKER pR I -� _LCP. NETKERVAv OR --- f-- - I—J VOYAGER C. �CF-E GPENCER CR 9ONRIDGF DR. ERSZINC OR 1�>:tiK) Ip 1 - 91LVER Btg DR =Lltl K `vLL IT LEVEE DR Q _ --t-- WOOOCREST OR FRUVt$COUAT W STAR OR J CARROLLTOWN Q u O i - -L I WINT[RW000 CR _ CF—E APWpRTN C. LITYAM° R= �. COY9TOLN OP. I DRAGON Cq. WEVER DR (0 OUu,W000 -�-_ _ SNI NA.—CA Y,) WESTCLIFF ON .IUR4 OR I _ CHANCE CR. 4 Of m -- - FIRESIDE z CR J SCOTSTOUN z w pp — KITE pq i O 1 t 7 ATLAWrA `� y AVE. � rs la\Jr v s - re.n I I P_LANNINZ', ZONING DM 7 SECTIONAL DISTRICT --` MAP 71-6-I0 NOTE CITE OF ADOPTED AUGUST N IO •N• fo I •D.O,u'i or 1U1. c. l;ITv COUNGII 0"DONANcE No..7e6. LFGEND AMEN0E0 0S.N0. AMENDED ON �N • [• .I '.wo(( rw:v onl1(NrT la•C•- '� 1 6-6-et ele 1 16 66 -- 1433 D. r[slor r n:cuUu•1 c•!•h HL�NTIN(�TUN f3A(�H •,••4 1006 120-69 1468 ( 1 MMMM001 cDY f!t ns ♦•11•N rob:- 4 6.70 + 167 - It-7.6/ 1106 4.6.70- 1569 N •.. ]•b6e - IR3 - 12-7-ID. 1617 M cDYe'NyD r w rn. MODur•low )RANG E C.0 Ur N T Y, C A L I F O R N I A 6.64 116 2 I"(1 1624 UAJ I - 12.7-so 1141 1"1-71 624 &AI cowuh..` �c n¢starcw(..,nwa„n,.•.'. AMENDED 9i ZONE CASE D-Is-" 12U7 P-I6-71 166< surnx te,ENn 1.�•6.409.602.610:.34.61.1"-54,66 4e"6•"n 61.;y 6-16.66 - IN) ... 4 - - - xsmh..rs oh:r•r( s,wr rs 10. " 1212 .,,.. 04.43 w '1,68•46.44.y,!^r.1r,.;1 7^'2l.71._4.7:.11. - 6-16.67 132, - - -•67 1149 7IN-61 114/ T L- ADAMS J 1 - AVE I'L Dr- . ._ r- —RF7 _.. -RI 1 sn RI RI C2 RI RI (.I I Ri RI RI RI 1. =-- C4..I, -i NK•Y Y11MiM 4•Ih CN A OR1.1 . IR11 fjRlj RI RI RI RI 1RI R _ RI RI — NAUTILUS _ _ _'ic— r'---' R1-' ' -- RI RI op RI . i - R I ' RI J RI !- I- - RI RI • S 6� RI 1 1• Rl I 1�I L___ mM' -- :r RI RI Rl."u RI i 9 +a�A_* ��— F1� jljj Rl CF-E � .Dy:::, . R 1 RI T §RI' RI a RI RI i CF-R 0R L- 7 RI` RI a R1 RI 1 I/ RI R1 ° —� �' M•N•w ea sw p1 I RI 3I LjR °� a - a.. vc•mY RI Dn RI RI 'RI I s ° R�.. RIRI o RILRI RI RP : RI RI RI RI RI RI RI ' � Nw• srw1N—c .. : 1 -- --------- 1 • \ RRIRIJ --__.-.IDIANAMS ---- -"-{-- .- -�-'---' 1 NNcs7Rl �? DRI 14 cn4AI9 GF_R✓ RI RIRI RI RI > RI I ARI RI R I Y a RI R I a R I -"�I R I -- -- C F—E crn2aC7i— RI [ -RI I R 1 °r __JJ RI RIRl RI RI , RI RI f : RI hI RI RI I - ,.Ri. - RI RI 1 RI RI RI- :• I. i•'•ti S:M9- �_ _ DN� (N Ih �] CF_R RI 7 It J aq _ RI _ a ` I _.J �.J r4r•wl0ou" ar- RI C RI I "IRII - RI �I RI - RI RI rq•fnW4^ll_':N� l 1 - CF—E -u - RI �� I RI "I s:rss(N on RI ......... .. ._. RI 1 —1' I I Yf.ND RI RI RI �2r,t M � RI wu vfw q r RI i RIRl x . 'Y RI .. .- RI `ti". IRI J- R RI cN•rc( c6 u --...-.. . 2 + R E m Y RI ,. - RI RI C4 R1 �. . l '1 . RS - — _Ri-� - RI - _ RI --...__ RI JC—R�- ATLANTA --- t f--- AVE. SECTIONAL DISTRICT MAP 8-6-10 (,Irl'Y OF ` k HtINTIN(�TON BEACH t ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ADAMS AVENUE op Ff7 1 g 1 ( aW I CF-E CF-R I a - v 'A I 4,. .. L ATLANTA AVE. � --- --- — `I -PLANNING ZONING DM 8 SECTIONAL DISTRICT MAP 8-6-10 . - - - COMMADOPTED eUO 196n - N«TE.r'rr�.`•.. .. „ " TY �1/■■Tye' CITY C fMIfNN4 NANC N[F M(1 IRS •' u r ins•r 4.167 b) fbw 2.16-70 1594 LEGEND _ 2.17-66 1030 - �t 1'r�w[[,rr• e,v.1a It 7.64 1106 - [jam-,qM car[x,y n�•r,:•' - 6"R-65- 1145 - - QO rorrwn.r¢+n,n[o�c+�.+r•. HU NTINGTON BEACH 9�66 '20 CnR caurrn•rrr.nnuro�•, 6�1e-6e lxot .7.18 66 122e 10-3-66 1257 ONANG1, COUNTY CALIFORNIA SUFFIX LEGEND AMENDED BY ZONE CASE: u,r.. „r 1 1- - - -ADAMS - - AVENUE IRIr C4 �g VI A Nuca+a o[ . RI rou•J a f R.I, I • tr l ..+m• � ___ R I i Yr•� RI i RI RI PI RI ' L► RI RI y Y RI � RI�4 CF-E I CF-R� Rl RI I i ..... •—'off.-`' _Fi R I� I RI Jg RI 1 — ii" RI Rl ; 1 R1 I R I i RI rn :C 2 1 �.:tli1hJ"•�.r. ATLANTA AVE. I • rs PLANNING SECTIONAL ` DISTRICT MAP 9-5- 1I is •(,1`rY NI IJ U N'r1..N-(7'.r(.)N BEACH ORANGE COL NTY, CALIFORNIA USE OF PROPERTY MAP. Wr SrMINSTEW - AVE _ 1 i ST. �- - - NU TI N C DR I uRDrsT DR NI oox - oR ArccRs w y SAN SDVCI 9 � f.. .JSANDS DR CFFr _` fRON 71ER CA i \ ✓ T jT i- `L F i� J CA PIER DR r DR\ CA 1UT.1.11NAV� R EMS 4 l_1 I W \! J Q J Z p R 0) N NOLSA AVE HUNTINGTON BEACH ORDINANCL COGS: CHANGES i (mailed 8/6/75) PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapters 90 - 99 Chapters 90 - 99 Articles 90 - 96 Articles 90 - 96 DM 10 DM 10 DM 12 DM 12 DM 15 DM 15 DM 23 DM 23 DM 24 DM 24 DM 33 DM 33 DM 40 DM 40 S. 9352 (g) S. 9352 (g) r i PLANNING DIVISION 9 DIVISION 9 PLANNING CHAPTER 90. PLANNING COMMISSION AND DISTRICTING PLAN 91. LOW DENSITY RESIDENTIAL DISTRICTS 9.2. HIGH DENSITY RESIDENTIAL DISTRICTS 93. SPECIAL DEVELOPMENTS 94. COMMERCIAL DISTRICTS 95. INDUSTRIAL.DISTRICTS 96. MISCELLANEOUS DISTRICTS 97. . GENERAL PROVISIONS 98. ADMINISTRATION 99. CITY SUBDIVISION ORDINANCE 7/16/75 CONTENTS DIVISION PLANNING CHAPTERS ARTICLES . . CHAPTER 90 = PLANNING COMMISSION AND DISTRICTING PLAN Article 900. City Planning Commission 901. Purpose and Effect of Districting 902. Enforcement 905. Establishment of Districts 906. Districting Maps ' CHAPTER 91 - LOW.:DENSITY RESIDENTIAL DISTRICTS Article 910.. R1 District - Low Density Residential District. 913. Rl-PD5 District Repealed - (Ord. 1705 1/3/72) 915. -AR Alternative Residential Suffix - Low Density Residential District 916. R2 District - Medium Density Residential District CHAPTER 92 - HIGH DENSITY RESIDENTIAL DISTRICTS Article 920. R3 District - Medium High Density Residential District 923. R4- Distri6t High Density. Residential District 924. Mobilehome District 925. R5 - Office-Professional District - renumbered (Art. 940 - 6/72) 926. -PD Planned Development Suffix . CHAPTER 93 - SPECIAL DEVELOPMENTS Article 931. Planned Residential Development 932. Apartment Standards 933. Unclassified Uses 934. Multi-Story Suffix (MS). 935. Townlot Specific Plan Area-.One CHAPTER 94• - COMMERCIAL DISTRICTS. -Article 940. R-5, Office Professional District 941. Cl District - Neighborhood Commercial District 943. C2 District - Community Business District 945. C3 District - General Business District 947. C4 District - Highway Commercial District 948. Service Station Standards 949. Equine Standards Commercial ' CHAPTER 95 - INDUSTRIAL DISTRICTS Articlez951. Ml-A :District Restricted Manufacturing 953. Ml District, - Light Industrial 955. M2 District - Industrial CHAPTER 96 - MISCELLANEOUS DISTRICTS, Article 960. RA District - Residential Agricultural District 961. Al District Agricultural District 962. SP-1 District - Special Zone (cemeteries) 963. Equine Standards - Non-Commercial 965. S1 District - Shoreline District . 966. Community Facilities District 967. Civi( _strict Suffix 968.. O District - Combining Oil District 969. Recreational Open Space District 7/16/75 ,1 PLANNING ZONING DM ID 9-6-I I a SECTIONAL DISTRICT MAP 10-6-II - NOTE: CITY OF ATE: ARE IN FEET ADOVTED MARCH 7, 1960 ANY ZONE ADJOINING ANY RIGNT OF WRY IS INTENDED TO EX TEND TO THE CENTER CITY COUNCIL ORDINANCE NO. 754 of SUCH RIGHT OF WAY. LEGEND: AMENDED ORD.NO, AMENDED ORD.NO. ®SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH ®TWO FAMILY RESIDENCE DISTRICT 5-7-82 699 2-7-72 1710 ®LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 15-5-62 938 2-7-72 1711 ®MULTIPLE FAMILY RESIDENCE DISTRICT 2-21-66 1186 2-7,72 1712 ®GENERAL BUGIN E95 DISiRILT 9-I6-67 1348 2-7-72 1713 INDUSTRIAL DISTRICT O R A N G L COUNTY CALIFORNIA 2_17_70 1472 2-7-72 1715 LI NEIGHBORHOOD COIFS(RCL DISTRICT { 10-19-70 1606 2-7-72 1715 LF-R NEIGHB HRH PCCICOMM COMMERCIAL DTIONCT DISTRICT '1 8-3-71 1643 2-7-72 1716 SUFFIX LEGEND: 1-3-72 1707 6.5-72 1749 �COMBINED WITH OIL PRODUCTION AMENDED 8Y ZONE CASE: B-B-TB 9BB 8-5-72 1749 ® COMBINED WITH OIL PRODUCTION IN AREA 234,281,282,545,67-16,68-31,70-10,71-1,71-35,71-31(C).71-31(D),71-31�,71-31(F),7(-31(W,71-31(N1,71-31(Jl, q ep•s`'G� j. 7-5-72 1763 BOUNDED By PALM AVE.ON NE,GOLDExwEGT 71-31(A),71-31(B),72-I6(T),72-45, p. ST ON NW,OCEAN AVE.ON SW,B SEVENTH 2-20-73 1819 ST ON SE41 . ' T S COMBINED COMBD WITH OIL PRODUCTION J 2 i p. °p M.Z-OI r� Qry ® COMBINED WITH°IL PRODUCTION `I_,� M2-01 — CI M2-0 Q- RI-0 ti_.- QE a e RI-0y, RI-0 R 4-0 "'f ti ti 4�C Pti k/,"R1.0 :gyp "R O M 2-02 �\o � F-R JF�q� .--9PECFlC iLCN ��J� AREA ONE y 9 C, •\. i3O C3 � a 4�d �p � a C �b cla r y GF C3 � etiLf \ CSC C3 �O C3 Q°p C� 441 \ PLANNING SECT-IONAl_ DISTRICT MAP 10-5 -1Io S ----- "°' �» Ec E N FEET tZ CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP _ WESTMINSTER AVE �- � F —`3---- GINGER LN IA SUNSIDE AVE V N z L I Z a l I I I ; WAIT ST O MAHOGANY AVE WALT illST WEE WAY 3 II Z 1 3 ? Zw I i-i - I o z. -_ z - I.PITT . r a o CAMPHOR AVE u — Q HOMER Z ST ' I• I � GLACIER OR FT Q I E O CHINOOK V AVE J I I I III 3 ANACAPA DR. LF-E `U MAP J�Q m - N - i a fI o— s INDUSTRY WAY a r•—I ' i�� I BRIARCLIFF DR R.R. US NAVY R/W RR US NAVY R/W GLENWOOD GLENWOOD DR.? x I- _ yU V SANTEE AVE zQ�-z HARDWICK CR. I� V ROYAL UAK ' DR_ I i � I w IVORY CR. 9t, I " 1 \.♦ y je LARKS I I - F E 9 '._..: I f;....cY gCFi:i'i:.J IA::.A I_Ci.:ihtg d.ES.^,Fr-.....1 ♦♦ AVE JADE CR. VIKIN� I I I NY CR KELBEY CR.W NARMOLLJ-j--:'V I LARCHWOOD DR. LARCHWOOD DR.- p W CORTES DR.3 MAR VISTA I CDR. 4 Ld Q _ uu �l—y—•—U— U V-u W -L 0.MEN - W OJ W cr 1 ? Y a _I _ =_— o 0 le IA � r uIu BOLSA AVE I PLANNING ZONING -DM IZ SECTIONAL DISTRICT M-AP II-6-II LEGEND: CITY OF ADOPTED -MARCH 7, 1960 _ CITY COUNCIL ORDINANCE' NO.754 MOB!LENOME DISTRICT Tffi M PLANNED DEVELOPMENT DISTRICT AMENDED ORD.NO. AMENDED ORD.NO. AMENDED ORD.NO. ® 51xGLE FAMI Lr RESIDENCE DISTRICT 3-2B-n0 156 2-16-71 .633 ® TWOFAMILr RESIDENCE DISTRICT HUNTINGTON BEACH. 6-In-61 69) 9-3-TI I645 LIMITED MULTIPLE FAMILv RESIDENCE DISTRICT II-6-61 n76 7-6-71 :655 R4 MULTIPLE FAMI;,Y RESIDENCE DIS-RIOT 5-T-62 900 ]: ifiB2 L.! GENERAL BUSINESS DISTRACT O-I-fit 929 12-0--7 799 I� 12-3-62 929 2-2072 817 ® LIGHT INDUSTRIAL OISTRIGT e-5-83 992 8-5-70 '923 F® CpMMUNITY FACILITIES(RECREATIONAL)DISTRICT 6-1 6 C4-65 9.11 6-375 1988 COMMUNITY FACILITIES(CIVIC)DI STRIC T 2-7-66 1180 � NFFICE PROFESSIONAL DISTRICTORANGE COUNTY' CALIFORNIA 2166 E5-fib In CAIGXBORXOOD COMMERCIAL DISTRICT -66 AMENDED BY ZONE CASE: i 6-67 1304 HIGHWAY COMMUNITYeusmf IA DISTRICT 4-17-67 1316 IZ3] HIGHWAY COMMERCIAL DISTRICT 101,179,175,201,237,266,2BI,292,342,347,g64,536,545,66-23,66-q1,66-68,67-5 9-18.67 1398 �� DESIGNATES PRECISE PLAN OF STREET ALIGNMENT 9-18.6] 1349 67-I6,67-22,68-39.69-14.69-13.69-55,PP70-2,70-I0,PP70-4,71-3,71-10,71-29,72-33,72-43,73-26,74-7, 1-6.69 1463 ��I'J}GOMBweD WITH OIL Pg000LTI0N 7-21-69 1511 T-\ 0:2069 1515 --- SETBACK LINE I 4-20.70 1472 -`2; J -6-70 '60' '.�` COMBINED 0 H DyPAL PRODUCTION 2�� 10-19-T0 :606 N AREA NE.NOEL TE PALM AVE.ONNW,MEAN AI.ONTN STj \L ADAMS AVE.' oN NW,OCEAN AVE.ON SW, B SEVENTH ST.ON SE. �U LJ LJ I_JI__-J LJ LJ I I I I I I �J �J I I I I� . eo�za q2 AE�•�R-I-O�/4 i� `aS,yO{.,` ,fl/zO/ A 1.�a R I RRI F RI RI RR-I I RR2A � weRI-0 RI 300 _ R5 a—C'3Ln-_o(02 4 R3-0 no POPT LCrvO AVE s --� j. ..� COMA AVE. N R5-0 I (SmWrN c:C;400;1 '�''«'}z R I M R3-0 o PoRn9xD CR_ - R5-0 I > EH RI RI a RI R2 ¢ R3-0 5 I m k9t.y... R3-0 R5 50 CF—E RI0�8 THIRTEENTH F-R3- AVE. `n AVE. I RI RI I R3-0 0 0 0 0 0 C4; S �� a� R Y o R3-0 ¢ ¢ ¢ ¢ - RI RI ae R I R2-PD-10 (CWYER."i=D0:.1 CRf3� ; m 1n U NASHVILLE AVE. 9D v ST. � a R5 yA R�RI TwELFs�CF—R Y R3- R3-' R Dill R I R I ry ACE° 4 (•-AF;:: " '•11 MEMPHIS 280 EA-EVENT 2ENTH RIA. G:rc R 2 3oD CF—R Si j RI ('-�C..1i,.aa ? RI r) LINCOLN _ AVE. 'R3 _ C4 O RI I, RI R2 S ¢� R2 c yR ENrH RI R2 T 5D N N N N N N N N p R 2 R I S0 RI _ RNIECE AVE. RI N R2 N N N RR R2 s CC s ¢ ¢ JOLIET AVE. ♦� yA R3 R2 !R2 R R2" RR IBRDEL 5w ..R� ,¢ o R3 C Q,C•2'- y I INDIANAPOLI AVE, Q� f a3 w R 3 R3 RE Pam. v so 1 CF-C L't Oqv y� R 2 � - ¢ D: D: � � ti. f�`ryCf�•9 HARTFORD I•I AVE. P� �r e4c' y N5 R2 R2 ¢ ¢ ¢ o ¢ 2 y4�sr PAN, � O yLfG U U GENEVA 72.1 Ras "R3 ry c�, P FRANKFORT 1 �A a 96F in R 3 ¢ ¢ 2 •'g V 9 U V m ELMIRA AVE. 50-- O r H, R 3 M H C�91, C�p ]In DETROIT ZAVE.I �_J� oR2 � R 3 ¢ K ¢ a _ r ,y + p G � aCHICAGO 0 AVE " a U R3eJ/ I m R3 aW C3 �� 4•y G'y _ M a R 3 �iC (1 D BALTIMORE AVE, R5 C3 O,y 9�c FP G'yyt - .�jll' .& R 3 - R d� �ssoAeD�s :so c 10 O M F5 R5 m c3 R C G A�M - nzI la 7r3, a -1� 1 - 8 — \ G y V�o 177./Ill_ !.i .,-i-• �\ r 06 C3 G ry2.,yJ $ ATLANTA D l000 AVE SCALE IN FEET ••�� NOTE! / \ - ALL DIMENSIONS ARE 1N FEET ANY ZONE AO,OINING ANY RIGHT OF WAY IS INTENDED TO EXTEND TOTHE CENTER OF SUCH RIGHT OF WAY T, SECTIONAL DISTRICT MAP 12-6 —II SCALE '- IN FQT ¢IY CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP J l ADAMS AVE II I L II Iz ' 1 a + z T t5 8 — NDgTXPORT DR T CR. J Q 3 j C J B R N KT N C WSCDII TA ap � $ r Y ' C LLSMAE DR MILLRRI CR. 3` — KNGNTS Mlp&pfY ql. T.I NORFDLK 00._ ' KE140 DR. DIA6 C GALLANT Q DR. U a, CAE E.8 R. u NASTERy -3 $ Ci DR_i eURLCREST DR. ty SDUEXPDRT DR u C F—R j (PARK) t4RT� ; Rry O = Oq, CF_E NENTDN R. MAR IS CHOOL SITE) �A(E DR.2 TR BED pq, MGL D � MONSTER � DR UXTDN DR. �l Imo_1 1 1 18 9 CF-R �44, W (PARK SITE) �DR aY zg z MALLOY = DR CNARFORD DR. IN F RD 00.. W M i 7 INDIANAPOLIS Z V I J OI7IFTNOOD REILLY DR 3 J C CrC —E TERN CR (F'r.TERSON SGHC•L:L) SAIL CR. �ZR�N CR MERMAIDC . CE CIS NS C W q KINGFISHER OR Jy Q VARY CR AM 'R J 3 O t Z d q Q SEASIND CR 4LVMADO 3 a pt Ia—Ly. PUERTO ---•. -....' a ¢ w Q CASTILIAN DP. `,?F;,,EDa i Z :i6_• SNOWBIRD DR Q o 3 Ij +• Z ATLANTA AVE PLANNING ZONING DM 15 SECTIONAL DISTRICT MAP • 14-5-11 !GALE FEE' NOTE ALL DINEN31O1,13 ARE IN FEET. V F ANY ZONE ADJOINING ANY RIGHT Of WAY IT i �i 51DTO EXTEND TO THE CENTER 3 CH R CH RIGHT OF WAY. ___ CITY_GOUNGL OR0INANSE-M0._77_6—_LEGEND RI SINGLE FAMILY RESIDENCE O1lTR)CT HUNTINGTON BEACH AMENDED Q$B,HQ MA MI ENDED ORD.NO___ LIGHT MRNUFACTWRNO DISTRICT 9-s-BO 780 DE COMMUNITY BUSINESS DISTRICT I-3-61 811 a NI6NWAY COMMERCIAL DISTRET 3-20-81 626 347-61 829 __ _ ---6ET6ACR LINE 7-3-67 1333 --®COMMUNITY FACILITIES(EDUCATION)DISTRICT ORANGE COUNTY, CALIFORNIA 2-16-69 I544 - ®RESIDENTIAL AGRICULTURAL DISTRICT 4-3-72 IT33 QZ DESIGNATE!PIECOiE PLANOFGTREETALWNMENT 1734 AMENDED BY ZONE CASE z-1si? 1636 114,117,132,168,167,66-43,69-32,71-48A,71-488,PP70-6,72-37. 2-5-73 1803 I I z , AVE emu/ C r N O / > 9 I J m �9 ~ m z CT' OF WESTMINSTER HUNTINGTON BEACH.R I WHITNEY H4RHAY RI mM EKRFlT OR. LE DON a ° RI w r RI RI RI cE R ROCKW ELL Z AVE O O 3 V O O DA WIN AVE LL (� 3 0 p VOd CITY OF WESTMINSTER A V. CITY isr RI MINST R RI 0 RI �q C4 C4 CF-E (GOLDEN W ST COLLEGE) - R CIF-E CENTE e.uNE xMrt vs sEc N-e-u iR MI RI RI (EDISON R!W) RI RI `3 i H CL F. N N LINE 61/E SE 1/4 DW W EC 1 I I .C4 . - A)N 0.30 WE-63' N Ir N C L CI N 42'16'06•f-l3A6' Z 3 i DI N016'4e-E-260' tI _ W • F EI N!e•IS'!6'W-66.02' V O N O F)N66.41'M-W-364.11' E 1 W J ] C 4 6)NF0OW36'w-032.e1' y _ p7 IN ,�I. r zzlza EDINGER AVE za z4 .01 mill p SECTIONAL DISTRICT MAP 14-6-1I x sEEi R W O i CITY OF LEGEND a DENDTES PROPOSED sREEWA, HUNTINGTON BEACHA& ORANGE. COUNTY, CALIFORNIA USE OF PROPERTY MAP 46 1_ ATLANTA STREET o L_LL_J LJ LJL11 I i L 2P l KOC,D. rD4Qi, Pq�f l ri •`l O z\ �pkY' z ,E`�C .•l,�i o } x O \\� '91:cL� CF4" 'k m PLANNING ZONING. DIM-23 SECTIONAL DISTRICT MAP . 20 -5 11 1.— INrCcr° NOTE: CITY OF NL1CI RIGHT ARE IN FEET ADOPTED DECEMER 5,1960 Y ZONE JOINING ANY RIGHT DI w.Y IS IN TO EXTEND TO THE CENTER 01 lUCH R GHi OI WAY CITY COUNCIL ORDINANCE N0.-804 LEGEND AMENDED -ORD,N0. AMENDED ORD.N0.= O SINGLE FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 6-7-62 907 5-15-66 126 RB OFFICE PROFESSIONAL C DISTRICT 6-24-63 978 7-IB-66 1228 C2 COMMUNITY BUSINESS DISTRICT 13-2-64 1041 12-9-67 1269 - FROMT YARD SETBACK LINE 3'2'64 ID41 3-6-67 1304 0 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 4'6-64 1045 9-18-67 1349 GRANGE COUNTY, CALIFORNIA 5- -64 0 12-19-6 1373 TWO FAMILY RESIDENCE CISIRICT 5-4 4-84 1054 54 I I-IB-68 1451 AMENDED.BY ZONE CASE: 5-18-64 1056 2-(7-69 1471 ©4 HIGHWAY COMMERCIAL DISTRICT 247,292,367,398,403,410,413,429.434,408,499,460,476,66-10,66-28 6-I-64 1059 4-7.69 1486 COMMUNITY FACILITIES(EDUCATION)DISTRICT 481,496,530,66.53,66-72.67-22,67-29,67.30,68-33,68-28.69-4,70-19,71-20(e).71-20(C), 8-19-64 1079 7-19-71 1620 COMMUNITY FACI4TIE3IRECREATIONALI 019TRN:T II-2-64 1098 12-20-71 1692 CHH] MOBILEHOME DISTRICT 12-7-64 1108 7-3-72 1693 10--I8-65 1163 II-I 65 1164 EDINGER AVE F zo RI RI - C4 n J U u ? � i R5 'P 20 2- C ~ ,y 160 In R2 R2 RI a RI RI RI CZ a 3 ' U RI PRELUDE DR CF—E RI CF-E RI I a :rSCXCC.Y g R3 O R5 (S('H00L SITE) - SUITE DR �/SKONA�p� �:DR. B49 TENOR DR. J RI �' R3 R5 RI cD B9'" >r a�" m 5BD ND RI ti MINUET - DR y NILO CR. N z o Wn.'4F W CF-R - RI zKAu1 DR.i RI Rlq L •; e RI RHAPSODY DR. MAUI CR. D RI RI 4P " RI RI g RI 3 ? RI IP CF-R m OPERETTA DR OAHU DR. CF-R < RI 3 RI o RI a RI ♦ DR x x 3 RI _ :i--------------- SCENARIO OR. a° RI M H Rl -C4, O. C. F C. D. I 9 ND� fFISHER DR R E- R 2 R 2 C4 3R3 R3 _ 6616' -NEIL--- AVE P• CF-R I6 ° R3- - 2 CHRISTIANA BMN30•S9'33'W A: %c. 100.00 N 59•TI:.T`c 3762— 1' 1 R. CF-E R2 , D ..G...._...--o. R2 R3 Mm-R2" �• RI CF-R R 2 IN 6TAR :- SNo' RI J RI DR' - 4'PRA R DR. °PICKWICK CR r CF-R ;asvuwe_SE_: J RANFOR R i Y R I ° RI g R3 R2 R2 R2 o R2 CF-R RI RI PEARCE o m ST. FI RI R`Ii'ANEI ) R I CF-R DALE DR. 1 3,11 MAN P i � DI RI RI RUWALK R2 R2 R2 R2 R2 R3 RI R I TRg(µl `l Q CF-R RI R I R I R I :C4 M1 6T MILO ST. 3002 n F-R DAV NPORT (\ ° ---� o I RI r 0:_ = 0 R3 R3 R3 Z R3 0 CFR RIi �g� RI E Z o C2 3 W ND60R DR R I - R I R I R I J R I — D _ ' 330i It 0 TI o F77 WARNER AVE I J f W Li SECTIONAL DISTRICT MAP 21-5-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP �T 6 YO 2i Y 1' EDINGER zs AVE t I � i � I � I W � DR HENRICKSEN DR CASTLE It I AU RE z z - z - Z (:X.S ''.....:.t) N 2 J J Z j- J J J MANGRUM LINDA CR p< j Z CF-E I J Z YiE'i::;�.-.!il.) LITTLE \ SH D DR. CHERYL DR y� / J J � a _m O 3 U C - CLARK DR SI5SON. DR PROP05ED 0. C. F. C. D. C F-E I a I U MEADOWLARK DR fMu\D!i:-:'i:i:-:;Si:::.".:).] �fyµ DR z MEp00M PAR CR VENTURI DR I W a o -I z 0 F � i � — o a z z I a rc o ¢ O I I � o. F � = i } � a MARSHALL DR. J z I vi I 0 i O a Ol W CALIENTE- DR MIDDLECOFF DR. BRA95z 111ITIETEENE11111111 III HEIL 3 AVE CR i 4 ZWQ A W I CR V: I CR Lfj !A. LYN DR. z ftt1�0>Q. J DDH q. MAR CR. WEA O'W' LARK GM.F COURSE) MCR.EDMOkDS i GILDRED CR. W Q (ME2D!:4S' LARK AMPOR':) u I . U _ "QC0IL4NQ______.__r __aa,.. W U rt .________ _,J. Q • TROPHY DR. A�ffM3A_mr_,�_• O 3 X m :g _._..P? VIEW CR. o....r .ES�.- Q. J WARNER - AVE zo.z� ei ee size zs sT PLANNING ZONING. DM 24 SECTIONAL DISTRICT MAP 21-5-II ADOPTED APRIL 4,1960 NOTE CITY OF PLANNING COMMISSION RESOLUTION MI DIMENSIONS ARE IN FEET AY 15 CITY COUNCIL- ORDINANCE NO.758 Y ZONE AOTOINING ANY RIGHT OF w ry TENDED O EZTEND TO THE CENTER AMENDED QM NO. AMENDED ORD,N0. OF 3'CH RIGHT OF WAY 6-20-60 777 12-19-66 1274 LEGEND: 9.6-60 T90 II-20-67 1384 RA RESIDENTIAL AGRICULTURAL D43TRICT 7.3-61 849 I-IS-69 1386 RI SINGLE FAMILY RESIDENCE DISTR:CT HUNTINGTON BEACH 9-16-61 907 8-1-69 151 RS OFFICE PROFESSIONAL DISTRICT 3-19-62 894.895 9-3-68 1438 6-4-62 907 B-IB-69 1517 Q moBILEHOmE DISTRICT I-21.83 948 12-20-71 1694 L2 COMMUNITY BUSINESS DISTRICT 4-1-63 956 12-20-71 1695 _FRONT YARD SETOACK LINE ORANGE COUNTY, CALIFORNIA 5-3-63 056 12-20-71 696 5-16-64 1056 12-20-71 1697 R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT AMENDED BY ZONE CASE 6-I- 64 1060 12-20-71 1698 [L4]HIGHw4Y COMMERCIAL OISTRN:T 10-5-64 1090 8-7-72 I680 ® MULTIPLE'FAMILY RESIDENCE DISTRICT 105,106,112,113,185,195.223,226.241,296,301.324,323,435,438. II-2-64 1097 12-4-72 179. � Two FAMILY RESIDENCE DISTRICT 472,476,505,512,66-30,66-56,67-25,67-34,68-21,68-9.G9-16,7I-2OV,7I-20(F),71-2O(G), 4-5-65 1132 10-1-73 1873. __-DESIGNATES PRI—E STREETS 71-20(H),71-20(U,71-25,72-30,73-15,73-19,PP74-1,74-8 6-4-65 1145 8-5-74 1951 Q COMMUNITY FACILITIE(EDUCATION)DISTRICT 8-1-66 1234 11-18-74 1946 ® RECREATIONAL OPEN SPALE 61 PD.$1 2-24-75 I%5 COMBINED WITH OIL Mi0DUC710N '6 Is zI zz -EDINGER AVE I JII I I o C2 RI RI RI RI x RI — -94612�p RI RI - RI RI M RI d DR HENRICKSEN DR_ CA TL DR. n AUREY z = 3 RI RI 3 RI 8 C2 o If N = MANGRUM LIN:-::� oRI RI RIB CF—E RI RI J RI ' 6e_,B B60.3B PP' 640p RI RI a AD DR. $C41 1 KA (`ILLA'dE`.'._..SCI.00'.) LITTLER R. 8NE - CHERYL DR n Z Y i N RI RI J J RI ; o RI R5 CLARK DR. slssoN DR L RI RI RI RI0 C. F. C_ D. E jRI TGO TO E RI `RI 'MEADOWLARK DR . \ DR 0'NL' CR > PAR MH VENTURI DR P RI RI w RI RI RI RI RI RI I nRl RIRI ow 0 ` RI MARSHALL = DR. a 27GIG a, '0°L3°�" o - R I R L—J C2 u, y CALIENTE L—jDR W MIDDLECOFF DR.LL BBRA 6� MH RI RI RI RI P' 20 RI RI RI RI HEIL R5g C2 —4Ba Av — 159. ,n R2 $ d 206711 LR RI RI :C2 R2 R2 �$MH ! R3 DR R MEADOWBROOz DR RI ; rI 1 i - ez7.o0 EE OR 689 R I RI ROS ERI R I i RI DONLYN DR. a J RI RI aO FRANMAR CR. R I < ROS-OI EDMONDS CR. I R R2 ,rvDR ISIAE W RI pA w W GILDRED CR. w 94€ rc R I a I P4 = � 6GLa6 i u 39600 RI o. W _ '0YE4C4NZ__._._�____ ___0fl_l Q C 2H0 +t4=roR: ;? ROS 3 TROPHY DR. 4 O' Q N j R4 RI z AN— VIEW CR. D_ u In R5 .'. a G C • In i RI a WARNER AVE ! ZO P 212P 29 26 P61P1 PLANNING SECTIONAL DISTRICT MAP 22-5—II CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 21 22_1 r-21 21 EDINGER AVE. �� i jl 1 1 IIII1 I z t J BELUNGER DA WALTON DR.J I� z z z z z rIF/ �WWs o y FLINT OR ' 1 SrA CR. _ I 1 _ zi SOFTWIND D4. REUBENS R Z III-._jylII! lJI u i z Wa Z LENNOK DR. NYANZA DR. a J I 2 z z MONTECITO DR. J ' F I m w amu SILVERWOOD on 1 pURELHURSf CF-E PALISADE DR. 3 i i i YRTLE DR. LAFAYETTE DR I t ; + CF-R j w DAGNY CR. j 2 J I CR. a (-•�'+) AueuRxl I 1 oA u I _ z ORLANDO D2. GOVIN CR — EDGEMONT DR. 3 LDYDLA OR j ¢ 25 3 I w � 1 U y S U Y Z �11' JERSEY REOGROVE CR. OJUl1Ex CRoA Ig : : I3 ' Q CHRISTY DR. SHAYNE' ��OR. OAKGROVE CR. x CRELE RAIDGEWATER DR HEIL AVE. ! - gWE.ERCR 2 MM DR. ABBOTT RBONNIE Rz..ICF_R BISHOP DR VJEAN DR. N DR. iRIE CALF:R.—K) Iz z IICF-EC RRINE CR_ j. V CRANOALL DR.W-K R, - i - PEGGY CR. CF-R (IRDY:ARK). BRAD OR. ' YVIA R CARLA CR 2i 0 FA I DOYLE DR. F FARINELLA DR c R)NELLA DR. z I LYDIA DR. I ! L N SHIELDS m DR.N p MA 3 1 j - W i DR W 1 I I I 1 I W J 0. C F C. D I CHANNEL C5-3 a Q Q Z CD W ZOL ¢ � ¢ J SUN aDR. L — r L WARNER AVE. /_1-22\J 2e.n ee o PLANNING ZONING DM 33 SECTIONAL DISTRICT : MAP - 28 .5-11' o NOTE: ADOPTED AUGUST 15,1960 ALL DIMENSIONS ARE IN FEET CITY OF ANY ZONE ADJOINING ANY RIGHT OF WAY CITY COUNCIL ORDINANCE NO. 15 INTENDED TO EKTEND TO THE CENTER ` OF SUCH BIGHT OF WAY AMENDED ORD.N0. AMENDED ORD.NO. LEGEND. 9-3-1983 1000 10-16-72 I781 HUNTINGTON BEACH 5-1 -1964 1007 5-5-75 978 ® SINGLE AMITY RESIDENCE DISTRICT 4-8-1964 -1045 - HIGHWAY COMMERCIAL DISTRICT S-IB-1964 IO56 L MI'EJ MULTIPLE FAMILY RESIDENCE DISTRICT TWO FAMILY RESIDENCE DISTRICT 4-5-1965 1132 -0 OFFICE PROFESSIONAL DISTRICT 10-18-1965 .1162 ® RESIDENTIAL AGRICULTURAL DISTRICT 6-6-1966 i215 CCM1IMUNITY FACILITIES(EDJL4TIOM1)DISTRICT ORANGE COUNTY, CALIFORNIA 5-1-6T' 319 AMENDED BY ZONE CASE N0: 7-17-67 1343 SUFFIX LEGEND 8-7-67 1343 352,365,396,426,505,526,66-I6,67-6,67-12 - 2-5-68 1389 SETBACK LINE PP 67-2,67-35,69-3,71-9,71-45,PP72-4,71-2O(LI,75-2 4-7-68 1487 ULTIMATE RIGHT OF WAY 7-17-71 1659 --- 2-22-72 1723 "PRECISE PLAN OF STRECT ALIGNMF,IIT 8-21-72 1771 20�-21 21.22 29 2B J WARNER AVE I l I IL C4 R5 RI RI E' 1 g a B=E a�el aeo= - EL DORADO- DR. IH ROGE CDR, In RI �RI RI 3 RI o C4 /I. 2 <' RZ RI PEN DLE ON DI B�I �wxnnu cR 9 . � A 535.' xAs_ y o Rt I : RI RI RI RI s o R - of o 1 I. DR. r/ RI TBA 3 RI' w RI W RI = h' ? OE:41R RI RZ r RI U a 3 RI """ BRANNEN DR. - •f _ e.es=C ISxsI v UU GLENROY2�e RI 3 fiR1 !yP _ RI F LL F F' LIEGE OR. s 11. R3 ��d KENILWORTH DR. R1 RI RZ w'9- 260• R1 GHENT OR C J -I RI I � S• •SB'I7"'N77300_ PQE� iILBURG IF DR. RI RI �� +T >�T RI RI RI RI 01 ENDV CR.J F—E DORITA DR. RI C W W a R1 0 bI e ASGH RI 3 RI RI RI N 4 m ; z EL s ee Gy RI �o°A` nogDlrva DR. U) o- `> RI c c. IH 0 as fe xso se 1259.90 SLATER AVE. \ �W RI � RI Mo vp CR. PRICE DR. U U U = RI RI a RI � RI .\ R2—(5.5) SERENE m RI o RI RI `i RI MoIs DR, °+ RI RI DR. o RIDGEBURY R 4 OR sAS S7 fT I I R1 LOURDES DR. \ NElM3i0E D. C F—E c R I \ R1 J RI (_""F:�i::1.5:`%) RRI RAPHAEL DR. o` OW RI 4 \\ 9.0 jpma- RI <eDOG PINION DR. D q CF-R (--PARK SiTF1 - R1 0 RI $ RI R1 DR. TERRIER DR. \ RI RI 5 RI RI 3 �p o RI °4Dua PADUA DR. 1 RI a q �a0 RI a e RI � RI RID v_ANLEFIE O O i RI RI RI RI RIRI RI IF DR. RI RI' � 1 � S zB ze R 3z 33 3313A PLANNING M 0 IWO a SECTIONAL DISTRICT MAP 29-5—II SCALE RFEET �o CITY 01 LEGEND a OEn0i E9 nF0�09E0 FnEEv'Av HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP J 9 - e WARNER AVE I zo�zi 90 ze WESf T J u \1� POR < e ® f ILL � I EDGEWATER 0 Hilillil CF-R 0." AVE WEATHERLY BAY - EI iff CF-R W - N 0 WARNER AVE. s crtr OF AVE s ' I G C s �o eCJ• `S' F Cif p�9 sr 9 o. -I L' i ocls a� i qti fi� 9i 9t + ,e ee PLANNING ZONING DM 40 SECTIONAL DISTRICT MAP 36-5-II 11- IR,E.T NOTE CITY OF ADOPTED JUNE 20, 1980 vivi v "� F is p c^T 4�0+T-(;-waves CITY COUNCIL ORDINANCE NO. 771 LEGEND AMENDED OROyNO AMENDED ORD,NO, FRT-1 SINGLE FAMILY RESIDENCE DISTRICT 10-2-11961 970 2-6-67 1277 MOBILENDME DISTRICT HUNTINGTON 'BEACH 5-7-get 900 5-1-67 131 C4 LMITEDHIGHWAY COMMERCIAL DISTRICT ESIDEN 5-21-1962 903 11-20-67 1361 ® OFFICE PROFESSIONAL DISTRICT 8-I9-1962 906 5.1-67 1316 ® LIMITED MULTPLE FAMILY RESIDENTIAL DISTRICT I-21-1963 B4B II-2-70 1611 ® TWO FAMILY RESIDENCE DISTRICT ORANGE COUNTY, CALIFORNIA 1-z°_1964 1035 5-1-72 785 ° „0 OEVFIT iOPMENTIES�T DISTRICT 6-18_1964 1038 I I-6-72 1765 4-5-1965 1132 I-7-74 1895 O 3-21-1966 1192 2-3-75 1960 AMENDED BY ZONE CASE 4-21-1975 1975 5_19-75 1982 FRONT YARD SETBACK LINE 205,237.239,250.297,388,431,505.546,66-58 5-19-75 1981 VmP.PIIEGSE PLAN OF STREET ALIGNMENT 67-10,368,PP 67-1,69-36,71-28,72-27,PP72-7,74-21,73-28,74-4,74-13, - -RAATE STREET 26 25 25 30 TALBERT AVENUE J I 1� 1JL Boo RI -Z CRI N 5D ww �_ R I J TRN... 0 GLADYS AVE-ut a (CREsI Y:Ex sCK,:IL1 R I Rai RI { w w w RI _ISANTANA CR 0 J � O) O Soo CI m RI STERLING 5 AVENUE RI 5 kY''X77- 0 RI $ RI RI RI-PD �Maa u MINER AVENU MINER AV E. RI RI ,f TAYL•R DR LE CONTE DR. VRI ��IR RI R RzJR3 i NCY CR 1- ._ w R3 RI SO i R3 F ELLE %r R3 now. z IC4 R3 R3 Dunlvl[ ` I vt R2 nRl o RI RI RI-PD-' 3 w B..N R2E R2 ]R2 R3 i R3 AAO.SPc & BSDe - F R2-PD-8 R3 R3 LL R3 = UR3 MH R3 a�l n R3 g R3 `i _ ._. C 4 u R3-:—X�DMODD DR .fEw.......... .. .: ----- M3. Az 50 - . +---R3 R3�"` R3 s- .: 3 CONSTANTINE DR RI 4 R3 A R. 59^�� R I Z I w _ R3 =A D 0 0 C4 = RI a tJ o R-I m Bsox R I S E �M .R_1RRa --- ALIzt GARFIELD I AVENUE �S]6 J6 3GI PLANNING. TOWNLOT SPECIFIC PLAN AREA.ONE S. 9352 (g) (9) Site frontage shall mean the smallest dimension of the site adjacent to a public' street. (h) Recreation space shall mean the portion of the required livability space that is set aside exclusively as common active or passive recreation areas. S. 9352.1 PRIVATE LAND DEVELOPMENT. The general land use designation of low density .residential is established in the Townlot Specific Plan Area One. The designation, location and boundary of uses described therin are delineated upon the-plan entitled, "Townlot Specific Plan Area One." The above general land use classification corresponds to the land use designation included in the Land Use Element to the General Plan of the .City of Huntington Beach. Wherever a building or structure is erected, reconstructed, or structurally altered in the specific plan area, all applicable provisions of the Huntington Beach Ordinance Code shall prevail except where in conflict with the provisions .of this article, in which case the provisions of this article shall take precedence. S. .9352.2 TOWNLOT SPECIFIC.PLAN DEVELOPMENT STANDARDS. This article is intended to provide development standards that: reasonably relate parcel size to the intensity or residential development, establish proper building bulk and parcel size relationships, and generally implement the goals and objectives of the General Plan of the City of Huntington Beach. S.. 9352.3 USES PERMITTED. LOW DENSITY RESIDENTIAL. Permitted uses are single- family dwellings, duplexes, triplexes, and the customary accessory uses and structures. No tent, mobile home, trailer vehicle, recreation vehicle or temporary structure shall be used for dwelling or sleeping purposes. S. 9352.4 UNCLASSIFIED. USES PERMITTED. Unclassified uses, as provided in Article 933, are permitted subject to approval of a conditional use permit S. 9352.5 DEVELOPMENT INTENSITY. The maximum development intensity for each site developed in specific plan area one shall comply with the pro- visions of the following development intensity standards table: DEVELOPMENT INTENSITY STANDARDS TABLE Site Maximum Maximum_ Maximum Minimum Minimum Frontage - No. of Floor_ . Dwelling Livability Recreation (feet) -Units Area Unit Space Space At Less (Sq. ft.) Covarage (Sq. ft.) (Sq. ft.) Least BUT Than (Sq. ft.) 25 40 1 1,800 1,146- 627 357 40 50 _ 2 2,275 1,833 1,003 572 50 75 2 3,425 2,292 1,254 714 .75 100 .. 3 4,950. 3,438 1,881 1,071 100 125 4 6,675 4,584 ,508 1,428 . 125 . 150 5 8,300 5030 3,135 1,785 1150 175 6 9,925 6,876 3,762 2,142 .175 200 7 11,550 8,022 4,389 2,499 .200 225 8 13,175 9,168 5,016 2,856 225 . 250 . 9 14,800 10,314 5,643 3,213 250 275 10 16,425 11,460 6,270 3,570 275 360 11 18,050 12,606 6,897 3,927 300 325 12 19,675 13052 7,524 4,284 325 350 13 21,300 14,898 8,151 4,641 350 14 22,925 16,044 8,778 5,355 7IM/7S S. 9352.6 TOWNLOT SPECIFIC PLAN AREA ONE. PLANNING . S. 9352.6. RECREATION SPACE DIMENSIONS AND LOCATION. Any recreation space provided .in accordance with Section 9352.5 shall have a minimum dimension of ten (10) feet provided that where more than one lot is utilized for a single development, such recreation area shall lave a minimum dimension of not less than twenty (20) feet. All required recreation areas shall be located behind the required front yard setback. S. 9352.7 FRONT YARD SETBACK. The minimum front yard setback for all main and accessory structures shall be twelve (12) feet; however, said setback may be reduced to not less than six (6) feet.foi any lot, provided that: (a) The six (6) foot setback is on fifty (50) percent or,: less of the total building width; and (b) An average setback of not less than twelve (12) feet is maintained for the total building width. S. 9352.8 REAR YARD SETBACK. Rear yards for all main and accessory structures shall have a minimum setback for seven and one-half (7�) feet measured from the rear property line, and provided that a maximum cantilever of three and one-half (A) feet is permitted for any part of a structure above the first floor double plate. S. 9352.9 SIDE YARD SETBACK. The aggregate setback for all main and accessory structures shall not be less than fifteen (15) percent of the lot width. Such setbacks shall be allocated between the side yards. subject to .the following: (a) A minimum of five (5) feet must be provided on both side yards except that the setback may be reduced to zero for fifty (50) percent of the building length along one side yard. If zero side yard is used, it must be within the rear seventy- five (75) percent of the lot depth. (b) The side yard area reduced by the above procedure must be made up elsewhere in either side yard. (c) Side yards abutting an arterial street shall maintain a minimum setback of ten (10) feet. (d) Side yards abutting a local street shall maintain a minimum setback of eight (8) feet. (e) The total side yard setback for a site with only twenty-five (25) feet of site frontage shall be a minimum of six (6) feet and may be apportioned as desired, provided a minimum separation of five (5) feet is maintained between adjacent struc- tures. Except that the side yard setback may be reduced to zero on one side of the side where (1) the abutting site is held under the same ownership at the time of initial construction;' or (2) the owners of abutting properties record an agreement or deed restriction and consent in writing to such zero setback and a minimum separa- tion of four (4) feet between structures. Where one side yard setback is zero, the y opposite aide yard shall be. a minimum of four (4) feet. I 4 _ ' HUNj�'3TON BEACH ORDINANCE CODE CHANP` PLEASE REMOVE FROM CODE (Updated 6/].6/75) PLEASE ADD TO CODE TABLE OF CONTENTS I TABLE OF CONTENTS 8.56 j TABLE OF CONTENTS 15.20 j 1.01.010 1.01.010 2.84.020 2.84.020 2.88.060 2.88.010 TITLE .3 TITLE 3 3.08.060 3.08.060 3.20.010 3.20.010 3.20.06 3.20.050 14.08.050 14.08.050 14.12.050 14.12.030 14.12.090 14.12.080 14.12.170 t J 14.12.140 �/� /`'�"'' 14.16.050 14.16.070 A)4*'"' 14.16.070 5.12.010 15-12.210 15.16.070 15.16.070 (Effective 7/16/75) TABLE OF CONTENTS City Charter Title 1 - GENERAL PROVISIONS 1 . 01 Code Adoption 1 .04 General Provisions 1. 08 Official Seal 1. 12 City Hall 1 . 16 General Penalty--Enforcement 1. 20 Notices Title 2 - ADMINISTRATION AND PERSONNEL ._2 .04 Eligibility of -Candidates 2. 08 Administrative Officer 2.12 City Clerk 2. 16 City Treasurer 2. 20 City`Attorney 2. 24 Police Chief 2. 28. City Council 2. 32 Building and Community Development Department 2. 84 Environmental Resources. .Department 2 . 36 Finance Department 2.40 Fire Department 2. 44 Harbors and Beaches Department 2 . 48 Planning Department 2 .52 Police Department 2. 56 Public Works Department 2 .60 Recreation and Parks Department 2. 64 Recreation and Parks Commission 2 .68 Street Department 2 .72 Personnel System 2. 76 Competitive Service Regulations 2. 80 Redevelopment Agency 2 .84 Public Library--General Provision! 2 . 88 Library. Board 2. 92 Public Library--Fiscal Matters 2 .96 Disposition of Unclaimed Property Title 3 REVENUE AND FINANCE 3 . 02 Purchasing Division 3 . 04 Fund Regulations 3 .08 Capital Outlay Fund 3. 12 Gas Tax Fund 3. 16 Tax Collection 3 .20 Documentary Transfer Tax 3. 24 Sales and Use' Tax i f•. _ r L 3 . 28 Transient Occupancy Tax 3 . 32 Cigarette Tax . 3. 36 Utilities Tax Title 4 RESERVED i Title 5 - BUSINESS LICENSES AND REGULATIONS 5 .04 General Provisions 5 . 08 Licensing Procedures 5 .10 Enforcement of Title 5. 12 Exemptions to Provisions 5. 16 Rates . 5. 20 Ambulance Service 5. 24 Bathhouses--Massage Parlors 5 .28 Dance Halls 5. 32 Oil Production 5 .36 Pawnbrokers , Junk Dealers and Secondhand Dealers 5. 40 Private Patrol Service 5. 44 Restaurants--Amusement and Entertainment Premises 5 . 48 Taxicabs--Vehicles for Hire 5 •.52 Motion Picture Theaters Title 6 - RESERVED Title 7 - ANIMALS 7 .04 General Provisions. 7 .08 Animal Control--Impoundment 7 . 12 Dog and Cat Licensing, Vaccination and Breeding 7. 20 Farm Animals and Fowl 7. 24 Wild Animals and Reptiles- 7 .28 Animal Care and Control Commission Title 8 HEALTH AND SAFETY 8. 04 Food Handling Establishments 8. 08 Lunch Wagons 8 . 16 Weed Abatement 8 .20 Refuse 8. 24 Dust--Industrial Waste 8. 32 Standing Water 8. 36 Rubbish 8. 40 Noises 8 . 44 Vehicles .and Motorcycles 8 . 48 Inoperable Vehicles ii _ w' 8 . 56 Mobile X-Ray Units 8 . 60 Civil Defense--Emergency Services 8 . 64 Farm Labor. Camps Title 9 - PUBLIC PEACE; MORALS AND WELFARE 9: 04 .. Interference with Police. 9. 20 Dressing in Public 9. 24 Gambling 9 . 28 . Pinball Machines 9. 32. Pool and Billiard Halls 9 36 Indecent Exposure .of Waitresses -and Performers 9. 40 Inhaling Certain Substances 9 . 44 Intoxicated and Disorderly Persons 9 . 48 Parades 9 . 52 Damaging City Property .9 . 54 Sleeping in vehicles' 956 Airport Noise 9 : 60 Fortunetelling 9 . 64 Registration of Canvassers 9 :68 Curfew 9 .76 Discharging 9.. 80 Concealed Title 10 - 10. 04 Definitions 10.08 Enforcement 10 . 12 Speed Limits 10. 16 Control Devices 10 . 20 Prohibited Places of Operation 10. 24 Truck Routes 10. 28 One-Way .Alleys 10. 32 Movement of Overloads. 10 . 36 Stops and Yields 10 . 40 General Parking .Regulations 10 . 44 Parking--Time .Limits 10 . 48 Loading Zones . 10. 52 Parking--City Lots 1.0. 56 . Parking Meters--Generally 10. 60 Meter Zones 10. 64 Meters--Installation 10. 68 Meters--Use 10.12 Driving Rules 10. 76 Trains 10 . 80 Pedestrian .Crosswalks 10 . 84 Bicycle Regulations 10. 88 Self-Propelled Wheelchairs and Invalid Tricycles Title 11 - RESERVED �rar ' iii Title 12 - STREETS AND SIDEWALKS 12 . 04 Datum Plane 12 . 08 House Numbers 12 .12 Street Work Generally 12 . 16 Repaving Streets 12 . 20 Utility Structures 12.24 Warning Lights--Barricades 12 .28 Sidewalks--Maintenance 12. 32 Sidewalks--Obstructing 12. 36 Benches Title 13 - PUBLIC PROPERTY . 13. 04 Beaches and Piers--General Provisions 13. 08 Beach Regulations 13. 12 Pier Regulations 13 .16 Beach Parking Lots 13.20 Private Beaches 13 . 24 Beaches--Vehicle and .Business Permits 13. 28 Camper Facilities 13 . 32 Harbors--Generally 13 . 36 Boating Regulations 13. 40 Swimming Rules 13 . 44 Harbor Sanitation 13. 48 Parks 13 .52 Public Buildings Title 14 - WATER AND SEWERS 14 . 04 Water Department 14 . 08 Service Connections . 14 .12 Fees, Rates and Deposits 14 . 16 Water Use Regulations 14 .20 Water Main 'Extensions 14 . 24 Water Pollution 14 . 26 Construction and Abandonment of Water Wells 14 .32 Sanitation Department 14 . 36 Sewer Connections 14 . 40 Sewer Fees and Deposits 14 . 44 Sewer Main Extensions 14 . 48, Drainage Title 15 - OIL 15 . 04 General Provisions 15.. 08 Definitions 15 . 12 Permits and Fees 15 .16 Bands and Insurance I � I iv i 15 . 20 Drilling and Safety Regulations 15 . 24 Clean Up--Maintenance 15. 28 Waste Water System 15. 32 . Idle Wells 15. 36 Nuisance Wells and .Sites 15 . 40 Nonproducing Wells Activated Title 16 - RESERVED Title 17 - BUILDINGS AND. CONSTRUCTION 17 . 04 Building Code 17 08. Housing Code 17. 12 Dangerous Buildings Code 17 . 16 Masonry Walls 17 .20 Driveways and Parking Areas 17 . 24 Sun Decks--Windscreens 17 . 2.8 Moving Buildings 17 . 3.2 Fire Zones 17 .36 Trailer Parks and Regulations 17 . 40 Mechanical Code 17 . 44 Plumbing Code 17 . 48 Electrical Code 17 . 52 Swimming Pool Code 17 .56 Uniform Fire Code Tables Index v 1. 0' ,10--1. 01. 030 Title 1 GENERAL. PROVISIONS Chapters: 1. 01 Code Adoption 1.07. General Provisions 1. 08 Official Seal 1 . 12 City Hall 1. 16' General. Penalty--Enforcement 1. 20 Notices Chapter 1. 01 CODE ADOPTION 'Sections : 1. 01. 010 Repeal of ordinance code. 1. 01. 020 Adoption. 1. 01. 030 Title--Citation--Reference. 1. 01. 040 Codification authority . 1. 01. 050 Reference applies to all amendment . VW 1. 01. 060 Title , chapter and .section headings. 1. 01. 070 Reference to specific ordinances. 1. 01. 080 Effect of code on past actions and obligations . 1. 01. 090 Effective date. 1. 01 . 010 Repeal of ordinance code. The Huntington Beach Qrdinance Gode, excepting Division 9 thereof, is hereby repealed. lOrd, 1990 . 16 Jul 75) 1. 01 . 020 Adoption. Pursuant to the provisions of Article V, Section 513 of the Charter of the .City of Huntington Beach, there is hereby adopted the "Huntington Beach Municipal Code, " as published by Book Publishing Company, Seattle , Washington, together with those secondary code s .adopted by reference as authorized by the Charter of the City of Huntington Beach, save and except those portions of the secondary codes as are deleted or modified by the provisions of. the Huntington Beach Municipal Code. (Ord. 1990 , 16 Jul 75) 1 - 01 . 030 Title--Citation--Reference . This code shall be known as the Huntington Beach Municipal Code and it shall be sufficient to refer to said code as the Huntington Beach Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding. to, amending, correcting or repealing all or. any part or portion thereof as an addition to, amendment to, correction or repeal of the Huntington Beach Municipal Code. Further reference may be had 1 1 . 01. 040--1. 01 . 0_ to the titles , chapters , sections and subsections of the Huntington Beach Municipal Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord.. 1990, 16 Jul 75) 1. 01. 040 Codification authority. This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Huntington Beach, codified pursuant to the provisions of Article V Section 513 of the Charter of the City of Huntington Beach. Ord. 1990, 16 Jul 75) 1. 01. 050 Reference applies to all amendments. Whenever a reference is made to this code as the Huntington Beach Municipal Code or to any portion thereof, or to any ordinance of the City of Huntington Beach, the reference shall apply to all amendments, . corrections and additions heretofore, now or here- after made. (Ord. 19903, 16 Jul 75) 1. 01. 060 Title, chapter and section headings . Title, chapter and section headings contained herein shall not be deemed to govern, limit , modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 1990 , 16 Jul 75) 1. 01.070 Reference to specific ordinances . The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1990, 16 Jul 75) 1. ol. 080 Effect of code on past actions and obligations . Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for viola- tions of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee , or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinances and all rights and obli- gations thereunder appertaining shall continue in full force and effect. (Ord. 1990, 16 Jul 75) 1. 01. 090 Effective date . This code. shall become effective on the date the ordinance adopting this code as the "Huntington Beach Municipal Code" shall become effective. (Ord. 19909 16 Jul 75) 2 2. 84 .0-20--2 . 84 .060 thooe duties specified for such officers in Sections 27301 et seq. of the California Education Code, and all amendments t,llut-cl.o, and the same shall be known as the "Huntington Beach Public Library ." (Ord. 18, 6/09) 2. 84. 020 Use . The public library -established under said Sections 27301 et seq. of the California Education Code shall be forever free to the inhabitants . and nonresident tax- payers of this city , subject always to such rules , regulations and by-laws as may. be. made by the board of library trustees, and provided,. that for violations of the same ,` a person may be fined or excluded from the privileges of the library . (Ord. 18, 6/09) 2. 84 .o3o Contracts with cities and counties . The board of library trustees of the public library of this city may con- tract with the legislative bodies of neighboring municipalities or boards 'of supervisors of the county in which any public library or- libraries are situated, for the lending of books of such library to residents of such counties or neighboring .municipalities upon a reasonable compensation to be paid by such counties or neighboring municipalities . (Ord. 18, 6/09) 2. 84. 040 Title to property. The title to all property acquired for the purpose of the library, when not inconsistent with the terms of its acquisition, or otherwise designated, shall rest in the city in which such library is or is to be situated and in the name of the city may .be sued for and de- fended by . action at law or otherwise. (Ord. 18, 6/09) 2. 84. 050 Harmony with state law. Nothing in Chapters 2. 84 through 2. 92 shall be construed as being in conflict with Sections 27301 et seq. of -the California Education Code, and any amendments thereto. (Ord. - 18, 6/o9) 2. 84 . 060 Distribution of duties. All the duties enumer- ated in said Section 27301 et seq. of the California Education Code shall devolve upon and be discharged by the officers and employees mentioned in said sections , and Chapters 2 . 84 through 2. 92. (Ord. 18, 6/o9) '�+ 43 2 . 88 .010--2 .88. ou0 Chapter 2. 88 LIBRARY BOARD Sections: 2. 88. 010 Board named--Members . 2.88. 020 Terms--Compensation. 2 . 88. 030 Initial terms . 2 . 88 .040 Vacancy filling. 2.88 .050 Meetings--Regular. 2. 88 . 060 Meetings--Special . 2. 88. 070 Quorum. 2 . 88 .08o President appointed. 2. 88 .090 Meetings--Minutes . 2. 88.100 Rules and regulations . 2 .88 .140 State reports and laws furnished library . 2 .88.150 Exchange and lending of books . 2. 88. 160 Incidental powers . 2. 88 .010 Board named--Members . The public library shall be managed by a board designated as the board of library trus- tees, consisting of five (5) members, to b.e appointed by the mayor, by and with the consent of the council . (Ord.. 18, 6/09) 2 .88.020 Term--Compensation. Such trustees shall severally hold office for three 3) years, serving without compensation. (Ord. 18, 6/09) 2. 88. 030 initial terms of office . The number of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two (2) at the end of one year thereafter, and the other two (2) at the end of two years thereafter. (Ord. 18, 6/09) 2. 88.040 Vacancy filling. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the same manner. (Ord. . 18, 6/09) 2. 88 . 050 Meetings--Regular. The board of library trus- tees shall meet at least once a month at such times and places as they may fix by resolution. (Ord. 18 , 6/09) 2. 88. 060 Meetings--Special . Special meetings may be called at any time by three 3 trustees, by written notice 44 2. 88 .070--2 . 88.160 served upon upon each member at least three ( 3) hours before the time specified for the proposed meeting. (Ord. 18, 6/09) 2 . 88. 070 Quorum. A majority of the board shall consti tute a quorum for the transaction of business . (Ord. 18, 6/09) 2 . 88 .080 President appointed. Such board shall appoint one of its number president who shall serve for one (1) year and until his successor is appointed, and in his absence shall select a . president pro tempore . .(Ord. 18, 6/09) 2 . 88 . 090 Meetings--Minutes . Such board shall cause a proper record of its proceedings to be kept. At the first meeting of such board it must immediately, upon organization, cause to be made out and filed with the State Librarian at Sacramento, a certificate showing that such library has been established, with the date thereof and the names 'of _the trus- tees and of the officers of the board chosen for the first year. (Ord. 18, 6/09) 2. 88 .100 Rules and regulations . The board of .library trustees shall have the power to . make and enforce all rules , regulations and bylaws - necessary for the administration, government and protection of the libraries under its manage- ment , and all. property belonging thereto . (Ord. 18, 6/09) 2 . 88 .140 State reports. and laws furnished library . The board of library trustees shall have the power to require the Secretary of State and other state officials to furnish such libraries. with .copies of any and all reports, laws and other publications of the state and otherwise disposed of by law. (Ord. . 18, 6/09) 2 . 88. 150 Exchanging and lending of books . The board of library trustees shall have the power to borrow books from, lend books to and exchange the same with other libraries; and to allow nonresidents to borrow books upon conditions as it may prescribe. (Ord. 18, 6/09) 2 . 88.160 Incidental powers . The board of library trus- tees shall have the power to do and perform any and all other acts and things .necessary or- proper to carry out the provi- sions of Sections 27301 et seq. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09) Sections 2 . 88.110 and 2 .88 .130 repealed by Ord. 1992 , 7 Aug 75 . 45 2. 92 .010 Chapter 2.92 PUBLIC LIBRARY--FISCAL MATTERS Sections : 2 .92 .010 . Annual report . 2. 92 .020 Library tax--Levy . 2 .92. 030 Library tax--Rate . 2 .92 .040 Library fund. 2.92 .050 Preservation of donations . _ 2.92 .060 Payments from fund. 2.92 . 070 Presentation of demands . 2. 92 .010 Annual report . The board of library trustees shall, on or before the last _day of July in each year, make report to the council, giving the condition of the .library on the thirtieth day of June preceding, together with a statement of its proceedings for the year then ended, and must imme diately upon the publication of such report forward a copy thereof to the State Library at Sacramento. (Ord. 18, 6/09) .✓ (The next page is 47) 46 Title 3 REVENUE AND FINANCE Chapters : 3. 02 Purchasing Division 3. 04 Fund Regulations 3. 08 Capital Outlay Fund 3. 12 Gas Tax Fund _ 3,. 16 Tax :-Collection . 20 Documentary Transfer Tax 3. 24 Sales And Use Tax 3. Transient Occupancy Tax 3. 32 Cigarette Tax 3. 36 Utilities Tax Chapter 3.02 PURCHASING DIVISION Sections : 3. 02. 010 Created. 3. 02 .020 Officer--Duties . -3 . 02 .030 Officer--Exemptions .from centralized purchasing. 3. 02.040 Agency estimates -of requirements and requisitions . 3.02 .050 Bid procedures . 3. 02 .060 Purchase orders . 3. 02 .070 Encumbrance of funds . 3. 02 .080 Formal contract procedure. 3. 02 .09.0 Bidder.'s. ..security. 3. 02. 100 Bid opening procedure . 3. 02. 110 Bid rejections . 3. 02.120 Award of contracts . 3. 02 . 130 Tie bids. 3. 02 . 140 Performance bonds . 3.02. 150 Open market procedure. 3. 02 . 160 Bids--Minimum number. 3. 02.1.70 Bids--Notice inviting. 3. 02.180 Bids Written. 3. 02. 190 Inspection and testing of equipment and services . 3.02 . 200 Surplus supplies and equipment. 51 3. 02. 010--3. 02 . 070 3. 02 . 010 Created. The purchasing division is created, under the supervision and direction of the director of fi- nance , for the centralized purchase_ of supplies , 'services and equipment. (Ord. 1842 , 5/73) 3. 02. 020 Officer--Duties . The purchasing officer shall have general supervision of the purchasing division. The purchasing officer shall be responsible to the director of finance. The purchasing officer shall perform the duties and responsibilities as outlined in the job description for purchasing officer approved and adopted by the personnel board. The purchasing officer shall enjoy all fringe be.ne- fits enjoyed by department heads . (Ord. 1842, 5/73) . 3. 02.030 Officer--Exemptions from centralized purchasing. The purchasing officer, with approval of the city council, may authorize in writing any agency to purchase or contract for specified supplies , services and equipment independently of the purchasing division; but he shall require that such purchases or contracts be made in conformity with the pro- cedures established by this chapter, and. shall further re- quire periodic reports from the agency on the purchases and contracts made under such written authorization. (Ord. 1842, 5/73) 3. 02.040 Agency estimates of requirements and requisi- tions . All using agencies shall file detailed estimates of i their requirements in supplies , services and equipment in such manner, at such time , and for such futire periods , as the pur- chasing officer shall prescribe, and using agencies shall submit requests for supplies., services and equipment to the purchasing officer by standard requisition forms. (Ord. 1842 , 5/73) 3. 02.050 Bid procedures.. Purchases of .supplies , ser- vices , equipment and the sale of personal property shall be by bid procedures pursuant to Sections 3.02.080 and 3. 02 . 150. Bidding shall be dispensed with only when. an emergency re- quires that an order be placed with the nearest available source of supply, when the amount involved is less than .two hundred dollars , or when the commodity can be obtained from only one vendor. (Ord. 1842, 5/73) 3. 02.060 Purchase orders . Purchases of supplies , ser- vices and equipment shall be made only by purchase order. (Ord. 1842, 5/73) 3. 02.070 Encumbrance of funds . Except in cases of emergency, the purchasing officer shall not issue any pur- chase order for supplies , services or equipment unless there exists an unencumbered appropriation in the fund ac- count against which the purchase is to be charged. (Ord. 1842 , 5/73) 52 3. 08. 060--3. 12. 030 3 . 08. 060 Transfer of surplus funds. The council may transfer to such fund any unencumbered surplus funds remaining on hand in the city at the end of any fiscal year. (Ord. 5,29, 5/48) . 3. 08. 070 Planned local drainage facilities fund. There is created a fund to be known as 'planned .local drainage facilities fund" and all fees received by the city for the }Manned drainage facilities shall be deposi"ted in such fund and shall be expended: only for the construction or. reimburse ment for construction of local drainage facilities within the planned local drainage area from which the fees_ comprising the funds were collected. . (Ord. 789, 8/60) . Chapter 3. 12 GAS TAX FUND Sections : 3. 12. 010 Created. 3. 12. 020 Payments into fund. 3. 12. 030 Expenditures from fund. 3. 12. 010 Created. To comply with the provisions of Sections 2113 et seq. of Chapter _ 3 of Division 3 of the Streets and Highways Code , there is created irT the . city treasury a special fund to be known as the "special gas tax street improve ment fund." (Ord. 388; 12/35) . 3. 12. 020 Payments into fund. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property. or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways , shall be paid into the fund. (Ord.. 388, 12/35) . 3. 12. 030 Expenditures from fund. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to, all of the provisions of. the Streets and High- ways Code, Sections 2113 et seq. . (Ord. 388, 12/35) • 57 3 .16 . 010--3 . 16 . 020 Chapter 3 . 16 TAX COLLECTION Sections : 3.16 .010 County responsibility . 3.16. 020 Effect -of prior ordinances . 3 .16 .010 County responsibility . The city elects that the duties of the assessment of city property for city taxes , the equalization and correction of the assessment, the collec- tion, payment and enforcement of the taxes , including delin- quent taxes , and the redemption of property from sale or other penalty for the nonpayment of city taxes , now provided by law 'to be assessed by the assessor and collected by the tax collec- tor and equalized by the city council, shall be performed by the county assessor, the county tax collector, the county auditor and the board of supervisors of Orange County when acting as board of equalization. (Ord. 567, 11/50) 3 . 16 . 020 Effect of prior ordinances. All ordinances or parts of ordinances in conflict herewith are repealed, except as the same . may be necessary for the assessment and collection of taxes pursuant to law by county officials , and except fur- ther to enforce .the collection of all city taxes assessed by the city which may now be or which may become delinquent . .(Ord. 567, 11/50 ) Chapter 3 .20 DOCUMENTARY TRANSFER TAX Sections : 3 . 20 .010 Title . 3. 20. 020 Tax imposed . 3 . 20 .030 Payment of tax. 3. 20 .040 Exceptions . 3. 20 .050 Exception--Partnership. 3 . 20. 0-60 Administration. 3. 20.070 Refunds . I 58 3.-20 .010--3 . 20 .040 3. 20. 010 Title This chapter shall be known as the " "Documentary Transfer Tax Chapter" of the city of Huntington Beach. It is adopted pursuant .to the authority contained in Part 6 .7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. (Emergency Ord. 1993; 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) . 3. 20. 020 Tax imposed. There is hereby imposed on each , deed, instrument or writing by which any lands , tenements , _or other realty sold within the city of Huntington Beach shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers,- or any other person or persons , by his or their direction, when the consideration or value of the interest or property conveyed .(exclusive of the value of any lien or encumbrances remaining thereon at the time of sale ) exceeds One Hundred Dollars (.$100) , a tax at the rate of Twenty-seven and one-half cents ($0. 275 ) for each Five Hundred Dollars . ($500) or fractional part thereof. (Emergency_ Ord. 1993, 16 Jun_ 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) 3. 20. 030 Payment of Tax. Any tax imposed pursuant to Section 3. 20 .020 hereof shall be paid by any person who makes , signs , or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Emergency Ord. 1993, 16 .Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67 ) J . .3. 20. 040 Exceptions . The tax imposed by Section 3. 20 . 020 hereof shall not apply to: (a) Any instrument in writing given to secure a debt . (b) The United States or any agency or instrumentality thereof, or the District of Columbia for any tax imposed pur- suant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other. party liable therefor. (c ) The making, delivering or filing of conveyance to make effective any plan of reorganization or adjustment : (1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad. corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended; (3) Approved in an equity. receivership proceeding in a. court involving a corporation, as defined in subdivision (3) of Section . 506 of Title 11 of the United States Code, as amended; or 59 3 . 20.040--3 . 20 .0; ( 4) Whereby a mere change in identity , form or place of organization is effected. Subdivisions (1) to ( 4 ) , inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five (5) years from the date of such confirmation, approval or change . (d) The making or delivery of .conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if-- (1) The order of the Securities and Exchange Commission in obedience to. which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provi- sions of Section 79k of Title 15 of the United States Code, rela- ting to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67 ) 3. 20 . 050 Exception - Partnership. The following exception shall apply to partnerships : (a) In the case of any realty held by a partnership, no levy shall . be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if-- (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954;, and (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encum- brance remaining thereon), all realty held by such partnership at the time of such termination. (c ) Not more . than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b ) , and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Emergency Ord. 1993, 16. Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) 60 3 . 20 .050--3 . 20 .070 3 . 20. 060 Acaministration. The county recorder shr: ll ui;� _r: 1 1—'or . this chapter.. in conformity with the provisions of Par;, of DI vision 2 of the Revenue and Taxation Code and the provi.sion_:� (-)f' any county ,ordi:nance adopted pursuant thereto. (f;me,"'l�c. ,-:;i Orr,a . 1993, 16 Jun 1975; Ord. 1925, 8/74.; Ord. 1369, ll/(7 ) 3. 20. 070 Refunds . Claims for refund .of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section .5096 ) of Part 9 of DI.v:ision 1 of the Revenue and Taxation Code of the State of Ga:lifornia. (Emergency Ord . 1993, 16 Jun 1.975; Ord: 1925; r/74 ; Ord . 1369, 11/67 ). . (The next page is 61 . ) , I 60-1 14. 10b. i50- 14 . 08. 060 (a) Where there exists a dwelling on the rear of a lot , in front of which is another dwelling, one service .may be provided for such premises . The cost of such water meter insLallation and service shall be paid by the owner or party receiving service.. (b ) Where two or more buildings owned by the same person are built upon the lot, said buildings may be served by one service' pipe and one meter if approved by �the water superintendent . (Ord. 674, 11/57) 1.4". 08. 050 . Property separatio.n. . Whenever .one service pipe . and meter has been serving more than one occupancy on the same parcel of property owned by one owner, and the property owner- ship is severed, the ..water superintendent may in his discretion require separate service pipe and meter for each occupancy. (Ord. 674, 11/57) . 14. 08. 060 Interfering with pipes: No person shall, without the permission of the water superintendent , or his duly .. appointed agents or employees, remove, change, disturb, or in any way tamper with or interfere with any of the facilities , . apparatus , appliances or property used or maintained for the production, storage or supply of water by the city to consumers thereof; nor shall any person without the permission of the water super- intendent install any pipe, apparatus, appliance or connection to any part of the system of water works in the. city. (Ord. 674, 11/57) ChapT ter 14:12 FEES. RATES AND DEPOSITS Sections : 14.12.010 Service fee 14. 12.020 Installation and meter fees. 14.12.030 Installation by applicant. .14.12. 040 Water rates--Designated. 14.12. 050 Water rates--Construction purposes. 14. 12. 060 Water rates--Other uses. 14. 12. 070 Private fire service rates. 14. 12.080 Commodity adjustment clause. 14. 12. 090 Water service=Applications. 14.12.100 Water service--Turn on charges, 14. 12.110 Water' rates-`.' Turn, on.f:' 14. 12.120 Water rates--Date due. 14.12. 130 Vacating premises`... 14.12.140 Change of 'address, ` _ 391 14. 12. 010--14 . _ 020 Sections : (Continued) 14 .12 . 150 Renewing service. 14. 12. 160 Adjustment of rates . 14. 12. 170 Water fund. 14. 12. 010 Service fee. The water department , as a condi- tion to granting the application and furnishing water service to the premises , is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the city for the cost of the system and future replacements and extensions thereof (a) The sum of Thirty Dollars ($30) for each dwelling unit on .parcels containing less than ten thousand (10,000) square feet. A "dwelling unit" shall be each residential quarter in hotels , apartments and motels, and each trailer space providing permanent facilities in trailer parks . (b ) For any parcel containing ten thousand (.10,000 ) square feet of area or more, One Hundred Fifty Dollars ($150 ) per acre or each fraction thereof, or Thirty Dollars ($30 ) per dwelling unit, whichever is greater. A "dwelling unit" shall be any unit defined in subsection (a) above. The charge of. One Hundred .Fifty Dollars ($150 ) per acre shall apply to all commercial and manufacturing developments , and those portions of trailer parks which accommodate overnight parking. (c ) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in subsection (a) if said other ordinance or agreement charge is greater than the charge per subsection (a) . (Ord. 1100, 11/64; Ord. 1001, 9/63; Ord.. 723, 5/59; Ord. 674 , 11/57 ) 14 . 12. 020 Installation and meter fees . In addition to the fee set .forth in Section 1 12. 010 a the water department shall charge and collect , in advance, the following amount for the installation of water connections and meters : a sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of. replacing pavement , plus fifteen (15) percent for overhead. The cost of such installation shall be estimated by the water department , and such estimated cost shall be paid by the applicant to the water department before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner there- of. Any excess payment shall be returned to the person applying for installation. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 392 14 .12.030--14012. 1.4 . 12 . 030 Installation by applicant . The water super- intendent may in his discretion authorize an applicant to make the installation at applicant !.s . own cost , and in conformity with the specifications set- forth by the water department. (Ord. 674, 11/57) 14. 12. 040 Water rates--Designated. The water rates to be charged monthly and collected monthly or bimonthly as may be determined by' the city from consumers of water supplied by the city are established and the water department is authorized and directed to charge and collect the same .as follows : Domestic , Commercial and Industrial Service Quantity rates First 700 cu. ft . or less $2. 65 Next 4300 cu. ft . , per 100 cu. ft . 0. 28 Over .5000 cu. ft . , per 100 cu. ft 0. 23 Minimum Charges. Size of service Minimum charge per month Water in cu. ft . 5/8" or 3/4". $ 2. 65 700 1" 4. 89 500 1-1/211 6. 29. 2,000 211 9. 09 3,000 311 19. 29 7,000 411 35. 39 .14,000 611 60. 69 25,000 811 83. 69 35, 000 loll 118. 19 50,000 A charge of One Dollar ($1) shall be made for each unit in excess of one connected to each meter. "Units' means any building or a portion of a building consist- ing of one or more rooms separated from the rest of the build- ing by a partition, .occupied independently of the other parts of the building, or another .building. (Ord. 1996, 6 Aug 75; Ord. 1901, 3/74; Ord. 1344, 8/67; Ord. 1343-A, 8/67; Ord. 1217 , 6/66; Ord. 1100, 11/64; Ord. 892, 3/62; Ord. 751, 3/60; Ord. 674., 11/57) 14 . 12. 050 Water rates--Construction purposes . All construction water shall be taken from existing outlets designated by the water department or from special outlets installed at the expense of the consumer. If in the determination of the water department , the setting of`a meter is impracticable or un- economical for the supply of construction water, the charge for such unmetered water shall be as follows : 393 14. -e. 060--14 . 12. 070 (a) Housing tracts or subdivisions will be charged a flat rate of Six Dollars ($6) per unit during construction. (b ) General Construction. (1) For each one hundred (100) lineal feet of curb , Twenty-Four Cents (24rd) ; (2) For each one hundred (100) square feet of side- walk, Twelve Cents (1U) ; (3) For each one hundred (100) 'square feet of con- crete pavement , Twenty-Four Cents (24,d) ; (4 ) For each barrel of cement used for other con- struction, Twelve Cents (120) ; (5 ) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Ninety-Six Cents (960) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department ; .(7) For settling each one hundred (100 ) square feet of graded street , Twelve Cents (.12t ) ; (8) For settling filled ground a charge will be made for a quantity of water equal to one-third (1/3) the cubic contents of the fill at a rate of Twenty-Four Cents (240) per one hundred (100) cubic feet ; (9 ) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the water depart- ment and charged at the rate of Twenty-Four Cents (240) p.er one hundred (100) cubic feet . (Ord. (Ord. 1996, 6 Aug 75; Ord. 792, 9/60; Ord. 674, 11/57 ) 14. 12. 060 Water rates--Other uses . Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the city council under separate agreement with the consumer. (Ord. 674, 11/57) . 14.12. 070 Private fire service rates. The monthly rates for private fire service protection shall be at the following flat rates: 394 14. 12. 080--14. 1, 90 Size. of. service Monthly rate 2 inch or less $ 2. 00 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 751, 3/60; -Ord. 6143 11/57) . 14 .12. 080 Commodity adjustment clause. This clause shall be applicable to the areas served by the city. Water charges will be based on the percent use of pumped water as against purchased water and their related cost. The base year shall be 1975-76 Cost in Base Year. a. Orange County water district tax per acre foot . . . . . . $22 . 00 b. Metropolitan Water District . Cost per acre foot 77. 00 Schedule rate charges in all rate blocks will be adjusted law when gross costs per acre foot are above the base year as follows : $ 0. 00 to $ 3. 99 per acre foot, change $0. 01 per 100 cu. ft. 4. 00 to 7. 99 per acre foot, change 0. 02 per 100 cu. ft . 8. 00 to 11. 99 per acre -foot , change 0. 03 per 100 cu. ft. 12. 00 to 15 . 99 per acre -foot, change 0. 04 per 100 cu. ft . 16. 00 to 19. 99 per acre foot, change 0. 05 per 100 cu. ft . 20. 00 to 23. 99 per acre foot, change 0. 06 per 100 cu. ft . 24. 00 to 27. 99 per acre foot , change 0. 07 per 100 cu. ft . 28. 00 to 31. 99 per acre foot , change 0. 08 per 100 cu. ft . 32. 00 to 35 . 99 per acre foot, change 0. 09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the increase in rate blocks under the commodity adjustment clause. (Ord. 1996, 6 Aug 75; Ord. 1217, 6166) 14. 12. 090 Water service--Applications. All applications for water must be made out on the forms provided by the water department and must be signed by the applicant . All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four (4) times the sum of the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10) , as a guarantee that all . 395 14. 12.100--14. 12. 130 water bills, fines and penalties shall be paid by the applicant . The deposit shall not be returned to the applicant , unless the water service is discontinued, and then only in the event that all water bills, fines and penalties of the consumer have been paid in full . (Ord. 674, 11/57) 14. 12. 100 Water service--Turn on charges. No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of Five ($5) Dollars shall be made for restoring the water service to the premises. (Ord. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water turned on' such premises , the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises , whether the same is actually used or not . (Ord. 674, 11/57) 14. 12. 120 Water rates--Date due. All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and shall become delinquent on the fifteenth (.15th) day thereafter and if not paid thirty (30) days after the mailing date, the water superintendent is directed, through his deputies, to shut off the water from the premises and the water shall remain shut off until all rates, fines and pe.naltie"s have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the additional sum of Five ($5) Dollars which is made a penalty for the failure to pay the said rate, and to pay the department for turning on water. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.130 Vacating premises . Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the water department. Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the city to him up to that time. Thereupon the consumer shall pay said bills to the water department . In the event that the consumer shall have made a deposit with the department , as required in Section 396 • 14. 12. 140--14..1, _70 1.4. 12. 0901, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of said. bills. _ Until such notice and payments shall have been made , the premises shall be deemed occupied by the consumer and his liability continued. (Ord. 674, 11/57) 14. 12. 140 Change of address. Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with city water, and changes in mailing addresses of consumers of. city water must . be filed in writing at., the water department. on forms provided for that purpose. (Ord 674, 11/57) 14. 12. 150 Renewing service . Each owner or occupancy of any premises previously connected with the city water system desiring to renew the use of water shall make application for renewal of water service and upon payment of all unpaid charges , if. any, together with any turn- on charge imposed by Section 14. 12. 100, the water will be turned on. (Ord. 674, 11/57 ) 14. 12.160 Adjustment of rates. The council -shall have the sole power to grant rebates from the rates specified in this chapter to indigent persons, and in the event of any dispute as to the water rate to be paid by any consumer, it shall deter- mine the same. (Ord. 674, 11/57) 14 . 12. 170 Water Fund. All moneys .collected from fees and charges under Chapters 14 . 04 through .14 .20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the city in a water fund and annually there shall be disbursed from said water fund to the general fund, an amount equal to 15 percent of the gross revenue. received from the sale of water by the water department in lieu of franchise and property taxes . (Ord. 738, 11/59) Chapter 14. 16 WATER USE REGULATIONS Sections: 14.16.010 During fire . 14.16. 020 Waste from improper fixtures . 14.16. 030 Meters--Property of city. 14.16. 040 Meters--Replacement or repair. 14.16. 050 Meters--Accuracy tests. 14.16. 060 Meters--Test. deposit. 14.16. 070 Meters--Placement . 14.16. 080 Meters--Inside premises. 14.16. 090 Consumer' s responsibility. 397 14. 16. 010--14. 16. 040 Sections : (Continued) 14. 16. 100 fire hydrants--Maintenance. 14 . 16 . 110 Fire hydrants--Use . 14. 16. 120 Fire hydrants--Permits for special use. 14.16. 130 Fire. hydrants--Use permit cancellation. 14. 16. 140 Fire hydrants--Obstructing access . 14. 16. 150 Pressure maintenance or shut off. 14: 16. 160 Drawing water into steam boilers. 14 . 16. 170 Violations reported. 14.16.180 Sale of water 'outside city. 14. 16.190 Protecting cross-connections. 14.16. 010 During fire. No person shall use any water for Irrigation or any steady flow during the progress of any fire in the city unless for protection of property, and all irrigation and sprinkling shall immediately be stopped when an alarm of fire is sounded in any part of the city, and shall not be begun j until the fire is extinguished. (Ord. 674, 11/57) . 14 . 16. 020 Waste from improper fixtures . No person shall waste water or allow it to be wasted by imperfect or leaking stops, valves , pipes, closets, faucets or other fixtures , or use water closets without self-closing valves, or use the water for purposes other than those named in the application upon which rates for water are based, or use it in violation of any of the provisions of any ordinance of this city, provided further that no person shall drain or permit water to drain upon any public street or alley, or over any private property not owned by such person. (Ord. 674, 11/57) . 14. 16. 030 Meters--Property of city. All water service and water meters installed or required to be installed by the city water department shall remain at all times the property of -the city and shall be maintained, repaired and renewed by the water department when rendered unserviceable by normal wear and tear. (Ord. 674 , 11/57) • 14. 16. 040 Meters--Replacement or repair. Where replacements , repairs or adjustments of any meter are rendered necessary by an act resulting from malice, carelessness or neglect of the consumer or any member of his family, or any one employed by him, and any damage which may result from hot water, or steam from water heater, boiler or otherwise, shall be charged to and paid for by such consumer to the water department on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter which has been so attached. (Ord. 674, 11/571. 398 14 :16. 050--14 .16. 060 14 . 16 . 050 Meters--Accuracy tests. Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer' s request and shall in his presence be tested in the shops of the water department by' means of the apparatus there provided, and a report thereon duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent (3% ) of the meter' s registry, the excess of the-. consumption on the three percent (3%) readings shall be credited to the consumer' s meter account , and the water department will bear the entire expenses of the test , and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no such error is found, the person who has requested the test shall pay the charge, fixed for such test . (Ord. 674, 11/57) . 14. 16. 060 Meters--Test deposit . Before making a test of any meter, the person requesting such a test shall, at the time of filing his request, make a deposit with the water department of the amount charged for such a test , subject to the conditions herein stated, which charges are fixed as follows: For testing 5/8 inch meters . . . . . . . . $10. 00 For testing l inch meters . . . . . . . . . 10. 00 For testing 1 112 inch meters . . . . . . 20. 00 For testing 2 inch meters . . . . . . . . . 20. 00 For testing 3 inch meters . . . . . . . . . 80. 0.0 For testing 4 inch meters . . . . . . . . . 105. 00 No meter shall be removed, or in any way disturbed, nor the seal broken, except in the presence of or under the direction of the superintendent . (Ord. 1996, 6 Aug 75; Ord. 674, 11/57 ) (The next page is 399 ) 398-1 14. 16 . j70--14. 16. 110 14. 16. 070 Meters--Placement . All meters of the water department shall be placed at the curb line of the street or near the property line in alleys, whenever and wherever practicable, and be protected and maintained as a part of . the operation of the department . (Ord. 674, 11/57) 14. 16. 080 Meters--Inside premises . Where a water meter is placed inside the premises of a consumer, for the conven- ience of the consumer, provisions shall be made for convenient meter reading and repairing by representatives of the department . Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of . the superintendent of the department and the withholding of service until installation is made at the curb line as herein provided. (Ord. 674, 11/57) 14. 16. 090 Consumer' s responsibility. The city shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and the city shall not be responsible for any leakage, breakage or seepage for any pipe situated between any meter properly installed at the curb and the private premises served thereby nor shall the city be .responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property. (Ord. 674, 11/57) 14. 16. 100 Fire hydrants--Maintenance. Public fire hydrants shall be placed, maintained and repaired by the water department . , Any damage thereto by persons or agency other than representa- tives of the fire and water departments, .shall be a claim against the person or agency committing such damage, and the superintendent shall take such action as may be necessary to collect the same. (Ord. 674, 11/57) 14. 16. 110 Fire hydrants--Use. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the water and fire departments or such persons as may be authorized to do so by the chief of the fire department , or the superintendent of the water department as herein provided. (Ord. 674 , 11/57) 14. 16. 120 Fire hydrants--Permits for special use. All persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the city, shall be required 399 14.16. 130--14.16. 160 to obtain a permit , first , from the chief of the fire department, . second, from the superintendent of. the water department , who shall issue no such permit to any person who has violated any of the provisions of this title- or whose indebtedness to the city of water used or damage to hydrants or equipment is delin- quent . All such persons having permit for use of water from the fire hydrants must .provide hydrant wrenches for the operation of such fire hydrants. (Ord. 674, 11/57) 14.16. 130 Fire hydrant--Use permit cancellation. Permit for the use of water through the fire hydrants of the city may be cancelled at the will of the superintendent on evidence that the holder thereof is or. has. violated the privileges conveyed thereunder. . Such. notice of ' cancellat16n shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (Ord. 674, 11/57 ) 14. 16. 140 Fire hydrants--Obstructing access. No person shall obstruct the access to .any ire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or operate any fire hydrant , or draw or attempt to draw water therefrom, except as provided in Section 14.16.120. COrd. 674, 11/57) 14 . 16. 150 Pressure maintenance or shutoff. The water department shall not accept any responsibility for the main- tenance of pressure and it reserves the right to shut off the water from any premises, or from any part of the distributing system, as long as necessary without notice to consumers, at any time of emergency, but in all cases. of extensions or connections, the department shall notify occupants of the premises of the necessity of shutting off water and the probable Length of time the water. shall be so shut off before taking such action. (Ord. 674, 11/57) 14. 16.160 Drawing water into steam boilers. No station- ary steam boiler shall be connected directly with the water distribution system of the city, but in each and every case a suitable tank of storage capacity sufficient for a twelve (12) hour supply . for said boiler shall be provided and the service pipe supplying the tank shall discharge directly into the top of the tank. (Ord. 674, 11/57) 400 "�- . 15. i2. 210--15.16. 020 in any report or record required .by this code to be filed or furnished by permittee . (Ord. 1653, . 11/71) 15 . 12. 210 Permit--Effect of suspension or revocation. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof or after the revocation thereof, or pending a judgement of the court upon any application. for writ taken to review the decision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained shall be construed to prevent the performance of such operation as- may be• necessary in connec- tion with a .diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revo- cation of the permit was ordered, or such operation as nec- essary for the safety. of: persons . (Ord. 1653, 11/71) Chapter 15 .16 BONDS:*.AND INSURANCE . Sections : 15.16- 010 . Bond--Required--Exception. 15.16.020 . Bond--New wells . 15.16.030 Bond--Form. 15.16 .040 Bond--Single 15. 16-050 Bond Substitution. 15.16 .060 Bond--Blanket. 15.16.070 Default in performance of . conditions. 15.16.080 Exoneration. 15. 16 .010 Bond--Required--Exception. Except as to oil bonds existing on the effective day of this oil code which satisfy the requirements of the previous Huntington Beach oil code, a bond -in the form required by this chapter shall be filed for .each well drilled prior to said effective date of this chapter, which has not been abandoned prior to said effective date in accordance with the standards and laws of the state and the requirements of the Huntington Beach Municipal Code . (Ord. 1653, 11/71; ;Ord. 1203 , 5/66; Ord. 418 , 10/38) 15.16. 020 Bond--New wells . A bond or bond rider in the form . required by this chapter shall accompany every applic- . ation for drilling or redrilling of any oil well, injection Well or .disposal well . (Ord. 1653, 11/71; Ord . 1203, 5/66) 439 15. 16 . 030--15. 16. 060 15. 16 . 030 Bond--Form. Bonds or riders to existing bonds shall be on forms approved by the city attorney and V' shall be filed with -.the department of oil field control . (Ord. 1653 , 11/71 ; Ord . 1203 , 5/66) 15. 16.040 Bond--Single. Corporate surety bonds in the penal sum of five thousand dollars shall be required. The bonds shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with this title and any other ordinance of the city, or of the division of fire prevention of the city, which ordinance, law, rule or regulation in any manner pertains or applies to any .of the principal soil operations. : Compliance by the prin- cipal named in the bond shall include compliance to any and all provisions , amendments and changes in the Huntington Beach oil code regularly adopted. The bond shall secure the city against all costs, charges and expenses incurred by it for reasons of the failure of the. principal to comply with the provisions fully of this title. The bond shall include the correct name and number and legal description or precise location of the .well and such other information as may be- necessary to identify the oil well readily. Any operator may furnish negotiable securities or cash in lieu of a cor- porate surety bond. The obligations and liabilities under . the bonds required hereunder (corporate, surety or cash) are continuing .obligations and liabilities, and the liability of the surety under this bond may be terminated solely and only at the time or times , in the manner and by strict compliance with the provisons for termination of liability as set forth in any ordinance of the city. Regardless of expenditures which may incur from action on any bond, said bond shall always be maintained at its original face value, and it shall be the responsibility of the principal to insure and provide that the bond shall be fully maintained. . (Ord. 1653 , 11/71 ; Ord . 1203, 5/66; Ord. 332 , 6/30) 15. 16.050 Bond--Substitution. A substitute bond may be filed in lieu of the bond on file hereunder and the depart- ment of oil field control shall accept and file the same if it is qualified in a proper form and substance and the bond for which it is substituting shall be exonerated. Substitu- tion shall be allowed only if the department of oil field con- trol and the city attorney find that all of the conditions of the aforementioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. (Ord. 1653, 11/71) 15.16 .060 Bond--Blanket. Any operator may, in lieu of filing a single bond on each well, as required by the fore- going, file a bond in the amount of Twenty-five Thousand 440 15 . 16 .070--15 . 16 .080 dollars if he has more than five wells . (Ord. 1653, 11/71; Ord. 1203, 5/66 ) 15. 16 .070 Default in performance of conditions . When- ever the department of oil field control finds that a default has occurred in the performance of any requirement or condi- tion of these regulations , a written notice thereof shall be . given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the department of oil field control to be reasonably necessary for the comple- tion of such work. After receipt of such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing thereupon, shall pay over to the department of oil field control the estimated cost of doing the work as set forth in the notice. Upon re- ceipt of such moneys , .the department of oil field control shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the division of oil and gas , such additional money may be demanded from the surety as is necessary to restore the drill site in conformity with the regulations of this title. (Ord. 1653, 11/71; Ord. 1203, 5/66) 15. 16 . 080 Exoneration. When the well or wells , covered by said bonds have been properly abandoned in conformity with all regulations of this title, and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the department of oil field control , or upon receipt of a satisfactory substitute bond, the bond issued in compliance with the regulations shall be terminated and cancelled and the surety relieved of all obli- gations thereunder. (Ord. 1653, 11/71; Ord. 1203, 5/66) Section 15 .16 . 090 repealed by Ord . 1987 , 16 Jul 75 . 441 1. 0, J10--1. 01. 030 l:of Title 1 GENERAL PROVISIONS Chapters: 1. 01 Code Adoption 1.OT General Provisions 1.07 Official Seal 1. 12 City Hall 1. 16 General Penalty--Enforcement 1. 20 Notices Chapter 1. 01 CODE ADOPTION Sections : 1: 01. 010 Repeal of ordinance. code. 1. 01. 020 Adoption. 1. 01. 030 Title--Citation--Reference. 1. 01. 040 Codification authority. 1. 01. 050 Reference applies to all amendment. 1. 01. 060 Title, chapter and section headings. 1. 01. 070 Reference to specific ordinances. 1. 01. 080 Effect of code on past actions and. obligations . 1. 01. 090 Effective date. 1. 01. 010 Repeal of ordinance code. The Huntington Beach Ordinance Code, excepting Division 9 thereof, is hereby repealed. 1. 01. 020 Adoption. Pursuant .to the provisions of Article V, Section 513 of the Charter of the City of Huntington Beach, there is hereby adopted the "Huntington Beach Municipal Code," as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the Charter of the City of Huntington Beach, save and except those portions of the secondary codes as are deleted or modified by * the provisions of the Huntington Beach Municipal Code. 1. 01. 030 Title--Citation--Reference. This code shall be known as the Huntington Beach Municipal Code and it shall be sufficient to refer .to said code as the Huntington Beach Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to , amending, correcting or repealing all or any part or portion thereof as an ,addition to, amendment to, correction or repeal. of the Huntington Beach Municipal Code. . Further reference may be had 1 1. 01. 040--1. 01'. Liy0 to the titles, chapters, sections and subsections of the Huntington Beach Municipal Code •and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. 1. 01. 040 Codification authority. This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Huntington Beach, codified pursuant to the provisions of Article V, Section 513 of the Charter of the City of Huntington Beach. 1. 01. 050 Reference applies to all amendments. Whenever a reference is made to this code as the Huntington Beach Municipal Code or to any portion thereof, or to any ordinance of the City of Huntington Beach, the reference shall apply to all amendments, corrections and additions heretofore, now or here- after made. 1. 01. 060 Title, chapter and section headings . Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. 1. 01. 070 Reference to specific ordinances . The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. 1. 01. 080 Effect of code on past actions and obligations. Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for viola- tions of ordinances, which violations were committed prior to the effective date hereof, nor be construed as_ a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinances and all rights and obli- gations thereunder appertaining shall continue in full force and effect . 1. 01. 090 Effective date. This code shall become effective on the date the ordinance adopting this code as the "Huntington Beach Municipal Code" shall become effective. 2 2 . 84 .020--2. 84 .060 those duties specified for such officers in Sections. 27301 et seq. of the California Education Code, and all . amendments thereto, and the same shall be known as the "Huntington Beach Public Library ." (Ord. 18, 6/09) . 2. 84. 020 Use . The public library established under said Sections 27301 et .seq. of the California Education Code shall be forever free to the inhabitants and nonresident tax- payers. of this city, subject always .to such rules , regulations and by-laws as may made by the board of library trustees, and provided, that for violations of the. same, .a .person may be fined or excluded from the .privileges of the library . (Ord. 18, 6/09) . 2. 84. 030 Contracts with cities and counties . The board of library trustees of the public library of this city may con- tract with the legislative bodies of neighboring municipalities or boards of supervisors of the county in which any public library or- libraries are situated, for the lending of books of such library to residents of such counties or neighboring municipalities upon a reasonable compensation to be paid by. such counties or neighboring municipalities . (Ord. 18, 6/09) . . 2. 84 . 040 Title to property. The title to all property acquired for the purpose of the library, when not inconsistent with the terms of its acquisition, or -otherwise. designated,.. shall rest in the city in which such library is or is to be situated and in the name of the city may be sued for and de- fended by action at .law or otherwise. (Ord. 18, 6/09 ) . 2. 84. 050 Harmony with state law: Nothing in Chapters 2. 84 through 2. 92_ s.hall be construed as being in conflict with Sections 27301 et seq. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09) . 2. 84. 060 Distribution of duties. All the duties enumer- ated. in .said Section 27301 et seq. of. the .California Education Coale shall devolve upon and be discharged by the officers and employees mentioned in said sections, and Chapters 2 . 84 through 2. 92. (Ord. 18, 6/09) . 43 2. 88. 010--2 . 88. --)b . . Chapter 2.88 LIBRARY BOARD Sections : 2. 88.010 Board named--Members . 2. 88. 020 Terms--Compensation. . 2. 88. 030 Initial terms . 2. 88.040 Vacancy filling. 2. 88. 050 Meetings--Regular. 2. 88.060 Meetings--Special. 2. 88.070 Quorum. 2. 88. 080 President appointed. 2. 88. 090 Meetings--Minutes . 2. 88. 100 Rules and regulations . 2. 88. 110 Receipt of gifts and bequests . 2. 88. 130 Purchase of publications and property. 2. 88. 14.0 State reports and laws furnished library. 2. 88.150 Exchange and lending of books. 2. 88. 160 Incidental powers . 2. 88. 010 Board named--Members. The public library shall be managed by aboard designated as the board of library trus- tees , consisting of five members, to be appointed by the mayor, by and with the consent of the council. (Ord. 18, 6/09) . 2. 88. 020 Terms--Compensation. Such trustees shall severally hold office for three years,. serving without com- pensation. (Ord. 18, 6/09) . 2. 88. 030 Initial terms of office. The number of the first board appointed shall so classify _ themselves by .lot that one of their number shall go out of office at the end of the current fiscal v.ear, two at the end of one year there- after, and the other two at the end of two years thereafter. (Ord. 18, 6/09) . 2. 88. 040 Vacancy filling. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the same manner. (Ord. 18, 6/09 ) . 2.88. 050 Meetings--Regular. The board of library trus tees shall meet at least once a month at such times and-places as they may fix by resolution. (Ord. 18, 6/09) . 44 2 .88 . _60--2 88.130 2 . 88. 060 Meetings--Special. Special meetings may be called at any time by three trustees,. by written notice served upon each member at least three hours before the time speci- fied for the ,proposed meeting. (Ord. 18, 6/09) . 2. 88. 0.70 Quorum. A majority of the board shall consti- tute a quorum for the transaction of 'business . . (-Ord. 18, 6/09) . 2. 88. 080 President appointed. Such board s.hall . appoint one of'. their number president, who shall serve for one year. and until his. successor is appointed, and .in his absence shall select a president pro tempore . (Ord. 18, 6/09) . 2. 88. 090 Meetings--Minutes . Such board shall cause a proper record of their proceedings to be kept . At the first meeting of such board it must immediately, upon organization, cause to be made out and filed with the State Librarian at . Sacramento, a certificate showing that such library has been established, with the date thereof and the names of the trustees and of the officers of the board chosen for the first year'. (Ord. . 18, 6109) . 2 . 88. 100 Rules and regulations . The board of library trustees shall have the power to make and enforce all rules , regulations and by-laws necessary. for the administration, government and protection of the libraries under their manage- ment, and all property belonging thereto. (Ord. 18, 6/09) . 2. 88.110 . Receipt of gifts and, bequests. The board of library trustees shall have the power to administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or..elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries . (Ord., 18, 6/o9) . 2 . 88 . 130 Purchase of publications and property. . The board of library trustees shall have the power: (a) . To purchase necessary books , journals, publications and other personal property; and (b) To purchase such real property, and erect or rent and equip, such .building or buildings, room or rooms as. may be necessary when in their- judgment a suitable building, or por- tion thereof, has not. been provided by the council for such libraries . (:Ord. 183 6/09) . 45 2. 88.140--2 .92.O10 l 2. 88 .14o. State reports and laws furnished library. The board of library trustees shall have the power to require the Secretary of State and other state officials to furnish such. libraries with copies of any and all reports, laws. and other. publications of the state not otherwise disposed of by law. (Ord. 18, 6/09 ) . 2 . 88. 150 Exchange and lending of books . The board of library trustees shall have the power to borrow books from, lend books to and exchange the same with - other libraries; and to allow nonresidents to borrow books upon conditions as they may prescribe. (Ord. 18, 6109) . 2. 88. 160 Incidental powers . - The board of library trus- tees shall have the power to do and perform any and all other acts and things necessary or proper to carry out the. provi- sions of Sections . 2730.1 et seq. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09 ) . Chapter 2 .92 PUBLIC LIBRARY--FISCAL MATTERS Sections : 2.92. 010 Annual report . 2.92. 020 Library Tax--Levy. 2.92. 030 Library tax--Rate. 2. 92. 040 Library fund. 2. 92.050 Preservation of donations . 2. 92. 060 Payments from fund. 2. 92. 070 Presentation of demands. 2 .92. 010 Annual report. The board of library trustees shall, on or before the last day of July in each year, make a report to the council, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and must imme- diately upon the publication of such report forward a copy thereof to the State Library at Sacramento. (Ord. 18, 6/09) . 46 Title 3 REVENUE AND FINANCE Chapters : 3. 02 Purchasing Division 3. 04 Fund Regulations 3. 08 Capital Outlay Fund 3. 12 Gas Tax Fund 3 . 16 Tax Collection 3. 20 Real Property Transfer Tax 3. 24 Sales And Use Tax 3. 28 Transient Occupancy Tax 3. 32 Cigarette Tax 3. 36 Utilities Tax Chapter 3.02 PURCHASING DIVISION Sections : 3. 02 . 010 Created. 3. 02 .020 Officer--Duties . 3 . 02 .030 Officer--Exemptions from centralized purchasing. 3. 02 . 040 Agency estimates of requirements and requisitions . 3. 02 . 050 Bid procedures . 3. 02 . 060 Purchase orders . 3. 02 .070 Encumbrance of funds . 3. 02 . 080 Formal contract procedure. 3. 02 .090 Bidder' s security. 3. 02 . 100 Bid opening procedure . 3. 02 . 110 Bid rejections . 3. 02. 120 Award of contracts . 3. 02 . 130 Tie bids . 3. 02. 140 Performance bonds . 3. 02 . 150 Open market procedure. 3. 02 . 160 Bids--Minimum number. 3. 02. 170 Bids--Notice inviting. 3. 02 . 180 Bids--Written. 3. 02 .190 Inspection and testing of equipment and services. 3.02 . 200 Surplus supplies and equipment. 51 3. 02. 010--3. 02. 07C 3. 02 . 010 Created. The purchasing division is created, under the supervision and direction of the director of fi- nance, for the centralized purchase of supplies , services and equipment. (Ord. 1842 (part) , 1973) . 3. 02. 020 Officer--Duties . The purchasing officer shall have general supervision of the purchasing division. The purchasing officer shall be responsible to the director of finance. The purchasing officer shall perform the duties and responsibilities as outlined in the job description for purchasing officer approved and adopted by the personnel board. The purchasing officer shall enjoy all fringe bene- fits enjoyed by department heads . (Ord. 1842 (part) , 1973) . 3. 02 .030 Officer--Exemptions from centralized purchasing. The purchasing officer, with approval of the city council, may authorize in writing any agency to purchase or contract for specified supplies , services and equipment independently of the purchasing division; but he shall require that such purchases or contracts be made in conformity with the pro- cedures established by this chapter, and shall further re- quire periodic reports from the agency on the purchases and contracts made under such written authorization. (Ord. 1842 (part) , 1973) . 3. 02. 040 Agency estimates of requirements and requisi- tions . All using agencies shall file detailed estimates of their requirements in supplies , services and equipment in such manner, at such time, and for such futire periods , as the pur- chasing officer shall prescribe, and using agencies shall submit requests for supplies , services and equipment to the purchasing officer by standard requisition forms. (Ord. 1842 (part) , 1973) . 3. 02. 050 Bid procedures . Purchases of supplies , ser- vices , equipment and the sale of personal property shall be by bid procedures pursuant to Sections 3. 02 . 080 and 3. 02 . 150. Bidding shall be dispensed with only when an emergency re- quires that an order be placed with the nearest available source of supply , when the amount involved is less than two hundred dollars , or when the commodity can be obtained from only one vendor. (Ord. 1842 (part) , 1973) . 3. 02. 060 Purchase orders . Purchases of supplies , ser- vices and equipment shall be made only by purchase order. (Ord. 1842 (part) , 19.73) . 3. 02. 070 Encumbrance of funds . Except in cases of emergency , the purchasing officer shall not issue any pur- chase order for supplies , services or equipment unless there exists an unencumbered appropriation in the fund ac- count against which the purchase is to be charged. (Ord. 1842 (part) , 1973) . 52 3. 08. 060--3. 12. 030 3. 08. 060 Transfer of surplus funds. The council may transfer to such fund any unencumbered surplus funds remaining on hand. in the city at the end of any fiscal year. (Ord.. 529, 5/48) . .3. 08. 070 Planned local drainage facilities fund. There is created a fund to be known as 'planned local drainage facilities fund". and all fees received by the city for the planned .drainage facilities shall be deposited in such fund. and . shall .be expended only for the construction or reimburse- ment for construction of local .drainage. facilit.ies within the planned local drainage area- from which the fees comprising the funds were collected. (Ord. 789,. 8/60) Chapter 3. 12 GAS TAX FUND Sections : 3. 12. 010 Created. 3. 12. 020 Payments into fund. 3.12. 030 Expenditures from fund. 3. 12. 010 Created. To comply with the provisions of Sections 2113 et seq. of- Chapter 3 of Division 3 of _the . Streets. and Highways Code, there is created. in the city treasury a special fund to be .known as the "special gas tax street improve- ment fund. " (Ord. 388, 12/35) . 3. 12. 020 Payments into fund. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real. property or interests. therein for, or the construction, maintenance or improvement of streets or highways other than state highways , shall be paid into the fund. (Ord. 388, 12/35) . 3.12. 030 Expenditures from fund. All moneys in the fund . .shall be expended exclusively for the purposes authorized by and subject to, all of: the. provisions 'of the .Streets and High- ways Code, Sections 2113 et seq. (Ord. 388, 12/35) . 57 3. 16. 010--3 . 16. c Chapter 3. 16 TAX COLLECTION Sections: 3. 16. 010 County responsibility. 3. 16. 020 Effect of prior ordinances . 3.16. 010 County responsibility. The city elects that the duties of the assessment of city property for city taxes, the equalization and correction of the .assessment, the collec- tion, payment and enforcement of the taxes , including •delin- quent taxes, and the redemption of property from sale or other penalty for the nonpayment of city taxes, now provided by law to be assessed by the assessor and collected by the tax collec- tor and equalized by the city council, . shall be performed by the county assessor, the county tax collector, the county auditor and the board of supervisors of Orange County when acting as board of equalization. (Ord. 567, 11/50) . 3. 16. 020 Effect of prior ordinances . All ordinances or parts of ordinances in conflict herewith are repealed, except. as the same may be necessary for the assessment and collection of taxes pursuant to law by county officials, and except fur- ther to enforce the . collecti.on of all city taxes assessed by the city which may now be or which may become delinquent. (Ord. 567, 11/50) . Chapter 3. 20 REAL PROPERTY TRANSFER TAX Sections : 3. 20. 010 Title. 3. 20. 020 Tax imposed. 3. 20. 030 Definitions. 3. 20. 040 Persons subject to tax. 3. 20. 050 Exceptions. 3. 20. 060 Administration of tax. 3. 20. 070 Due dates , delinquencies, penalties , interest. 3. 20. 080. Declaration requirement. 3. 20. 090 Deficiency--Determination. 3. 20. 100 Deficiency--Notice. 3. 20. 110 Notice. 3. 20.120 Redetermination petition. 3. 20. 130 Redetermination Hearing. 3. 20. 140 Determination of petition. 3. 20. 150 Determination finality. 3. 20.160 Tax as a debt. 3. 20. 170 Refunds . 58 3.20 '.0--3.20. 030 . 3 20. 010 Title. This chapter shall be known .as the "real property transfer tax ordinance" of the city. The tax .imposed under this chapter is solely for the purpose- of raising .income and revenue which is necessary to pay the usual and current expenses of conducting the municipal government of the city. (Ord: 1925, 1 Aug 74; Ord. 1369, 11/67) . 3. 20. 020 Tax imposed. There is. hereby imposed a tax on all transfers by deeds, instruments, writings or any other document by which any lands, tenements or other interests in real property sold, located in the city of Huntington Beach are or is granted, assigned, transferred or otherwise conveyed to or vested in a purchaser, or purchasers thereof, or any other person or persons, by his or their direction. Said tax shall be .levied at the rate of .one-half (1/2) of one percent (1%) of the value of consideration. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67) . 3.20. 030 Definitions . The term "value of consideration" means the total consideration, valued . in money of the United States , paid or delivered, or contracted to be . paid or delivered in return for the transfer of real property, including the : amount of any indebtedness existing immediately prior to the transfer which is secured by a lien, deed of trust or other encumbrance on the property conveyed and which continues to be secured by such lien, deed of trust or encumbrance. after said transfer, and also including the amount of any indebtedness which is secured by a lien, deed of trust or encumbrance given or placed upon the property in connection with the transfer to secure the payment of the purchase price or any part thereof which remains unpaid .at the time of transfer. "Value of the consideration" also includes the amount of any special assess- ment levied or imposed upon the property by a public body, district or agency, .where said special assessment is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such special assessment or takes the property subject to the lien of such special assessment . The value of any lien or encumbrance of a type other than those which are hereinabove specifically included, existing immediately prior to the transfer and remaining after said transfer, .shall not be included in determining the value of the consideration. If the "value of the consideration" cannot be definitely determined, or is left open to be fixed by future contingencies , "value of the consideration" shall be deemed to .mean the- fair market value of the property at the time .of transfer, after deducting the .amount of any lien . or encumbrance, if any., of a type which would be excluded in 'determining' the "value of the consideration" pursuant to the above ,provis'ions of this section. 59 . 3. 20. 040--3. 20. 1 As used in this chapter, the terms "real property" and "realty" shall be deemed. to mean real. property as .defined in and under the laws of the state of California (Ord. 1925, 1 Aug 74) . .3. 20. 040 Persons subject to tax. Any persons who make a transfer which is subject to the tax imposed under Section 3. 20. 020 of this chapter, and any persons to whom such a transfer is made, shall be jointly and severally liable for payment of the tax imposed under said Section 3 . 20. 020; pro .vided, however, .that the United States, state of California,. any city, county, city and county, district or any other political subdivision of the state of California_. shall be exempt from any liability for the tax imposed herein.. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67 ) . 3. 20. 050 Exceptions. The tax imposed by Section 3 . 20. 020 hereof shall not apply to: (a) Any transfer made solely to secure a debt ; provided, however, that nothing herein contained shall be deemed to . exclude the amount of any such indebtedness from being included in the "value of consideration,". pursuant to Section 3.20. 020 in connection with. transfers which are not made solely to secure a debt; (b) Transfers to make effective any plan of corporate reorganization or adjustment : (1 ) Confirmed under the Bankruptcy Act , as amended; (2 ) Approved in an .equity receivership. proceeding . in a court involving a railroad corporation as defined in Section 77(m). of the Bankruptcy Act , as amended; (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 106 (3) of the Bankruptcy Act , as amended. (c ) Any transfer of property from one spouse to the other in accordance with the terms of a decree of dissolution or in fulfillment of a property settlement incident thereto; provided, however, that such property was acquired by the husband and wife or husband or wife prior to the final decree of dissolution; (d) Transfer or transfers, conveyance, lease or. sublease without consideration which confirm or correct a deed previously recorded or filed; (e) Tranfer to or between the United States , state of California; any city, county, city and county, district or any other political subdivision of the state of California and transfer executed pursuant to eminent domain proceedings by the United States, state of California, any city, county, city and county, district or. other political subdivision of the state of California; (f) Transfers made .pursuant to any order by the .. court in any mortgage or lien foreclosure proceeding or upon execution of a judgment, or a transfer in lieu of foreclosure; 6o 3. 2C 50--3.. 20. 070 (g) Transfers recorded prior to .the effective date of this chapter; (h) (1) In the case of real property. held by a partner- ship, the tax imposed shall not apply- by reason of `any transfer of, an interest in a partnership or otherwise, if: (i) Such partnership is considered as _a con- tinuing partnership within the meaning of. Section 708 of the Internal Revenue Code of 1954, and (ii) Such continuing partnership continues to hold the real property concerned. (2) If .there is a termination of any partnership within .the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was transferred, for fair _market value, all. realty held by such . partnership at .the time of such termination. (3). Not more than one tax shall .be imposed pursuant to this chapter by termination described in (h) (2) hereof, and any transfer pursuant thereto, with respect to the real property held by such partnership at the time .of such termination. (i) The making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954, but only if: (1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made, recites .that such . conveyance. is necessary or appropriate to effectuate . the provisions of Section 79K of Title 15 of the United. States Code, relating . . to the Public Utility Holding Company Act _of 1935; (2 ) . Such .order specifies the property which is ordered. to be conveyed; (3) Such conveyance is. made in obedience to such order. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67 ) . 3. 20. 060 Administration of tax.. The director of finance of the city .of Huntington Beach hereinafter in this chapter referred to as "director".) shall collect the tax imposed under this chapter and shall otherwise administer this chapter. He may make such rules and regulations , not inconsistent with . this chapter, as he may deem reasonably necessary or desirable to administer this chapter as ' well as necessary forms and receipts. (Ord. 1925, 1 Aug 74; Ord. 1369, 11/67) . 3.20. 070 Due dates, .delinquencies, penalties, interest . The tax imposed under this chapter is due and payable at the time . the deed, instrument or writing effecting a transfer subject to the tax is delivered, and is delinquent if unpaid at the time of recordation thereof. In the event that . the tax is .not paid prior to becoming. delinquent, a delinquency penalty of ten percent (10%) of the amount . of .tax ,due shall accrue. In the event a portion of the tax .is unpaid prior to becoming delin- 60-1 3. 20. 080--3. 20. E quency, the penalty shall only accrue as to the portion remain- ing unpaid. An additional penalty of ten percent (10%) shall accrue if. the tax remains unpaid on the ninetieth (90th) day following the date of the original: delinquency. Interest shall .accrue at the rate of one-half (1/2) of one percent (1%) a - month, or fraction thereof, on the amount of tax, exclusive of penalties , from the date the tax becomes delinquent to the. date of payment. Interest and penalty accrued shall become part of the tax. (Ord. 1925, 1 Aug .74; Ord. 1369, 11/67 ) . 3. 20. 080 Declaration requirement . The tax imposed by this chapter shall be paid to the director by the persons referred to in Section 3. 20. 040. The director shall have the authority as part of any rules and regulations promulgated by him as provided for herein to require that the payment shall be accompanied by. a declaration of the amount of tax due signed by the person paying the tax or by his agent .. The declaration shall include a statement . that the value of the consideration on which the tax due was computed includes all indebtedness secured by liens, deeds of trust, or other encumbrances remain- ing or placed on the- property transferred at the time of trans-. fer, and also includes all special assessments on the property which the purchaser or transferee agrees to pay or which remains. a lien on the property at . the time of transfer. The declaration shall identify the deed, instrument or writing effecting the transfer for which the tax is being paid. The director may require delivery to him of a copy of such deed, instrument or writing whenever he deems such to be reasonably necessary to adequately identify such writing or to administer the ,provisions of this chapter. The director may rely on the declaration as to .the amount of the tax due provided. he has no reason to . believe that 'the_ full amount of the tax due is not shown on the declaration. Whenever the director has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, he may, by notice served upon any person liable for the tax, require him to furnish a true copy of his records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within _three (3) years after recordation of the deed, instrument or writing which transfers such property. (Ord. 1925, 1 Aug 74 ) . 3. 20. 090 Deficiency--Determination. If on the basis of such information as the director receives pursuant to the last paragraph of Section 3. 20. 080 and/or on the basis of such other relevant information that comes into his possession, he deter- mines that the amount of tax. due as set forth in the declaration; 60-2 14. i 050--14. 08. 060 W Where there exists a dwelling on the rear of a lot, in front of which is another dwelling, one service may be provided for such premises . The cost of such water meter installation and service shall be paid by the owner or party receiving service (B) Where two or more buildings owned by the same person are built upon the lot, said buildings may be served by one service pipe and one meter if approved by the water superintendent. (Ord. 674 (part) , 1957) . 14. 08. 050 Property separation. Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner, and the property owner- ship. is. severed, the water superintendent may in his discretion require separate service pipe and meter for each occupancy. (Ord. 674 (part) , 1957) . 14. 08. 060 Interfering with pipes . No person shall, with- out the permission of the water superintendent, or his duly appointed agents or. employees , remove , change , disturb, or in any way tamper with or interfere with any of the facilities , apparatus , appliances or property used or maintained for the production, storage or supply of water by the city to consumers thereof; nor shall any person without the permission of the water superintendent install any pipe, apparatus, appliance or connection to any part of the system of water works in the city. (Ord. 674 (part) , 1957) . Chapter 14. 12 FEES , RATES AND DEPOSITS Sections : 14. 12. 010 Service fee. 14. 12. 020 Installation and meter fees . 14. 12. 030 Installation by :applicant. 14. 12 .040 Water rates--Designated. 14. 12 .050 Water rates--Construction purposes. 14. 12 . 060 Water rates--Other uses . 14. 12. 070 Private fire service rates . 14. 12 .080 Commodity adjustment clause. 14. 12. 090 Water service--Applications . 14. 12. 100 Water service--Turn on charges . 14. 12. 110 Water rates--Turn on. 14. 12 . 120 Water rates--Date due. 14. 12. 130 Vacating premises . 14. 12. 140 Change of address . 14. 12 . 150 Renewing service. 14. 12. 16.0 Adjustment of rates. 14. 12 . 170 Water fund. 391 14. 12. 010---14. 12 . 0 14. 12. 010 Service fee. The water department, as a condi- tion to granting the application and furnishing water service to the premises, is authorized to charge and shall collect in ad- vance the following sums for the purpose of reimbursing the city for the cost of the system and future replacements and .ex- tensions thereof: (A) The sum of thirty dollars for each dwelling unit on parcels containing less than ten thousand square feet. A "dwelling unit" shall be each residential quarter in hotels, apartments and motels, and each trailer space providing per- manent facilities in trailer parks. (B) For any parcel containing ten thousand square feet of area or more, one hundred fifty dollars per acre or each fraction thereof, or thirty dollars per dwelling unit, which- ever is greater. A "dwelling unit" shall be any unit defined in subsection (A) above. The charge of. one hundred fifty dollars per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks which accommodate overnight parking. (C) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in subsection (A) if said other ordinance• or agreement charge is greater than charge per subsection (A) . (Ord. 1100 (part) , 1964 : Ord. 1001, 1963 : Ord. 723, 1959: Ord. 674 (part) , 1957) . 14. 12. 020 Installation and meter fees. In addition to the fee set forth in Section 14. 12. 010 (A) , the water department shall charge and collect, in advance, the following amount for the installation of water connections and meters: A sum equal the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus ten percent for overhead. The cost of such installation shall be estimated by. the water department, and such estimated cost shall be paid by the applicant to the water department be- fore the work of connecting the main with the property is com- menced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installa- tion was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation. .(Ord. 674 (part) , 1957) . 14. 12. 030 Installation by applicant. The water superinten- dent may in his discretion authorize an applicant to make the in- stallation at applicant' s own cost, and in conformity with the specifications set forth by the water department. (Ord.. 674 (part) , 1957) . 14. 12. 040 Water rates--Designated. The water rates to be charged--a—n-d collected monthly or i-monthly as may be determined by the city from consumers of water supplied by the city are established and the water department- is authorized and directed to charge and collect the same as follows 392 14. 12. 050 Domestic , Commercial and Industrial Service Quantity rates First 1000 cu. ft . or less $2. 70 Next 1000 cu. ft. , per 100 cu. ft. 0. 24 Next 1000 cu. ft. , per 100 cu. ft. .- 0. 22 .Next 2000 cu. ft. .$ per 100 cu. ft . 0. 20 Over .5000 cu. ft. ; per 100 cu. ft. 0. 18 Minimum Charges Size of service Minimum charge per month - "Water in cu. ft . 5/8" or 3/4" $ 2. 70 . 1,000 1" 4. 40 1,700 1 112" 5. 10 2,000 211 7. 30 , 3,.000 3" 14. 70 7000 4" 27. 30 . 14,0o0 6" 47. 10 25,000 8" 65. 00 35,000 .1011 . 92. 10 50,000 12" 146.1.0 80,000 A- charge of One Dollar . ($1) shall be made for each unit in excess of . one connected to each meter. "Unit". means any building or a_ portion of a building consist- ing of one or more rooms separated from the rest of the build-. - ing by a partition, occupie.d. independently of the other parts of the building, or another building. (Ord. 1901; 3/74; Ord. 1344, 8/67; Ord. 1343-A, 8/67 Ord. 1217, 6166; Ord. 1100, 11/64; . Ord. 892, 3/62; Ord. 7.51, 3/60; Ord. _674, 11/57. ) 14. 12. 050 Water rates--Construction purposes . All construction water shall be taken - from existing outlets designated by the water department or from special outlets installed at the expense of the consumer. If. in the determination of the water department, the setting of a meter is impracticable or un- economical for the supply of construction water, the charge for such unmetered water shall be as follows : : (a) Housing tracts or subdivisions will be. charged a flat. rate of Five Dollars ($5) per unit during construction. (b ) General Construction. (1 ) For each one hundred (100) lineal feet of curb, Twenty Cents (20,) ; (2) For each one .hundred (100 ) square feet of side- walk; Ten Cents (104) ; 393 14. 12. 060--14. . o80 (3 ) For each one hundred (100 ) square feet of con- crete pavement, Twenty Cents (20�) ; (4 ) For each barrel of cement used for other con- struction, Ten Cents (10�4_ ) ; (5) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Eighty Cents (80),) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department; (7) For settling each ,one hundred (100) square feet of graded street, Ten Cents (10jd) ; (8) For settling filled ground a charge will be made for a quantity of water equal to one-third (1/3 ) the cubic contents of the fill at a rate of Twenty Cents (20,) per one hundred (100 ) cubic feet; (9 ) For miscellaneous uses not herein specified, the quantity of water shall be estimated by the water depart- ment and charged at the rate of Twenty Cents (20t ) per one hundred (100 ) cubic feet . (Ord. 792, 9/60; .Ord 674, 11/57) . 14 . 12. 060 Water rates--Other uses . Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the city council under separate agreement with the consumer. (Ord. 674, 11/57 ) . 14. 12. 070 Private fire service rates. The monthly rates for private fire service .protection shall be at the following flat rates : Size of service Monthly rate 2 inch or less $ 2. 00 j 3 inch . 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 751, 3/60; Ord. 674, 11/57) • 14. 12. 080 • Commodity adjustment clause . This clause shall be applicable to the areas served by the city. Water charges will be based on the percent use of pumped water as against purchased water and their related cost . The base year shall be 1965-66 Cost in Base Year. 1 . Orange County water district tax per acre foot . . . . . . . . . . . $11. 00 2. Metropolitan Water District . 394 14 . . 090--14 . 12. 120 Cost per acre foot: West Orange County feeder . . . . . . . . . . $ 33. 00 East Orange County feeder 37.00. Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year as follows : $0 .00 to $ 3.99 per acre foot, change $0 .01 per 100 cu. ft. 4 .00 to -7.99 per acre foot, change 0 . 02 per 100 cu. ft. 8. 00 to 11 .99 per acre foot, change 0 . 03 per 100 cu. ft. 12. 00 to 15 .99 per acre foot, change 0 .04 per 100 cu. ft. 16 . 00 to 19 .99 per acre foot, change 0 . 05 per 100 cu. ft. 20 .00 to 23. 99 per acre foot, change 0 . 06 per 100 cu. ft. 24 . 00 to 27.99 per acre foot, change 0 . 07. per 100 cu. ft.. 28. 00 to 31 .99 per acre foot, change 0 .08 per 100 cu, ft. 32. 00, to 35.99 per acre foot, change 0 . 09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the in- crease in rate blocks under the commodity adjustment clause. (Ord. 1217. (part) , .1966) . 14 . 12 .090 Water service--Applications . All applications for water must be made out on the forms provided by the water_ department and must be signed by the applicant. All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four times the sum of the minimum charge for the type of service rendered, but in no event less than ten dollars , as a guarantee that all water bills , fines and penalties shall be paid by the applicant. The deposit shall not be returned to the applicant, unless the water service is discon- tinued, and then only in the event that all water bills , fines and penalties of the consumer -have been paid in full. (Ord. 674 (part) , 1957) . . 14 .12. 100 Water service--Turn on charges . No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of three dollars shall be made for restoring the water service to the premises . (Ord. 674 (part) , 1957) . 14 .12 .110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and . the water turned on such premises, the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises, whether the same is actually used or not. (Ord. 674 (part) ; 1957) . 14 .12 .120 Water rates--Date due.. All water rates are due and payable at the office of the Huntington Beach water department the day after mailing date of bill each month or bi-monthly and 395 i 14. 12. 130--14 . 12. 1 shall become delinquent on the fifteenth day thereafter and if not paid thirty days after the mailing date the water. super- intendent is directed, through his deputies, to shut off the water from the premises and the water shall remain shut off until all rates, fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the addi- tional sum of two dollars and fifty cents which is made a penalty for the failure to pay the said rate, and to pay the department for turning on water. (Ord. 674 (part) , 1957) . 14 .12. 130 Vacating premises . Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the water department. Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the city to him up to that time. Thereupon the consumer shall pay said bills to the water department. In the event that the consumer shall have made a deposit with the department, as required in Section 14 .12 . 090, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of said bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by the consumer and his liability continued. (Ord. 674 (part) , 1957) . 14 . 12 .140 Change of address . Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with city water, and changes in mailing addresses of consumers- of city water must be filed in writing at the water. department on forms provided for that purpose. (Ord. 674 (part) , 1957) . 14 . 12 .150 Renewing service. Each owner or occupant of any premises previously connected with the city water system desiring to renew the use of water shall make application for renewal of water service and upon payment of all unpaid charges, if any, together with any turn on charge imposed by Section 14 .12.100, the water will be turned on. (Ord. 674 (part) , 1957) . 14 .12 .160 Adjustment of rates . The council shall have the sole power to grant rebates from the rates specified in this chapter to indigent persons and, in the event of any dispute as to the water rate to be paid by any consumer, it shall determine the same. (Ord. 674. (part) 1957) . 396 14.�2.170--14.16. 020 14. 12 .170 Water Fund. All moneys "collected from fees and charges under Chapters 14.04 through 14.20 of the Huntington Beach Municipal Code shall be. deposited in the treasury of the city in a water fund .and annually there shall be disbursed from said water fund to the general fund, an amount equal .to 15 percent of the gross revenue received from the sale of water by the water department in lieu of franchise and property taxes (Ord. 738, 11/59) Chapter 14. 16 WATER USE REGULATIONS Sections: z4. 16. 010 During fire. 14..16. 020 Waste from >improper :fixtures. 14 .16. 0.30 • Meters--Property of city. 14.16. 0-40 Meters Replacement or. repair.. 14.16. 050 Meters--Accuracy tests. . 14.16. 060 Meters--Test deposit. 14.16. 070 Meters--Placement . 14.16. oft Meters--Inside premises. 14.16. 090* Consumer' s responsibility. 14. 16. 100 Fire hydrants--Maintenance. 14.16. 110Fire hydrants--Use. . 14. 16.120 Fire hydrants--Permits for special use. 14.16. 130 Fire hydrants--Use permit cancellation. 14.16. 14o Fire hydrants--Obstructing access. 1.4. 16.150 Pressure maintenance or shut off. 14 .16:160 Drawing water into steam boilers. 14. 16. 170 Violations reported. 14. 16. 180 Sale of water outside city. 14. 16. 190 Protecting cross-connections. 14. 16.010 During fire. No person shall use any water for irrigation or any steady. flow during the progress of .any fire in the city unless for protection of property, and all irrigation and sprinkling shall immediately be stopped when an alarm of fire is sounded in any part of the city, and shall not be .begun until the fire is extinguished. (Ord. 674, 11/57) . 14. 16. 020 Waste -from. improper fixtures . No person' shall waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or use water closets without self-closing valves , or use the water for .purposes other than those named in the application upon which rates for water are based, or use it in violation of any of the provisions of any 397 14. 16. 030--14. 1.c. 060 ordinance of this city, provided further that no person shall drain or permit water to drain upon any public street or alley, or over any private property not owned by such person. (Ord. 674, 11/57 ) . I 14. 16. 030 Meters--Property of city. All water : service and water meters installed or required to be installed by the city water department shall remain at all times the property of the city and shall be main- tained, repaired and renewed by the water department when rendered unserviceable by normal wear and tear. .(Ord. 674, 11/57) . . 14.16. 040 Meters--Replacement or repair. Where re- placements, •repairs or adjustments of any meter are rendered necessary by an act resulting from malice, carelessness. or neglect of the consumer or any member of his family, or any one employed by him, and any damage which may result from hot water, or steam from water heater, boiler or otherwise, shall be charged to and paid for by such consumer to the water department on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off from such premises . and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter which has been so attached. (Ord. 674, 11/57) .. 14. 16. 050 Meters---Accuracy tests. Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer' s request and shall in his presence be tested in the shops . of the water department by means of the apparatus there provided, and a report thereon duly made. Both parties to the test. must accept the findings so made. If the test discloses an error against the consumer of more than three percent (3%) of the meter' s registry, the excess of the consumption on the three percent (3%) readings shall be credited to the consumer' s meter account, and the water department will bear the entire expenses of the test, and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no such error is found, the person who has requested the- test shall pay the charge, fixed for such test. (Ord. 674, 11/57) . 14 . 16. 060 Meters--Test deposit . Before making a test of any meter, the person requesting such a test shall, at the time of filing his request, make a deposit with the water department of the amount charged for such a test, subject to the conditions herein stated, which charges are fixed as follows : 398 14. 1 070--14 .16. 110 For testing 5/8 inch meters . . . . .. . . . . . . . . $ - 2 . 50 For testing 1 inch meters . . . . . . . . . . . . . 2. 50 For testing 1 1/2 inch meters . . . . . . . . . . . 5.00 For testing 2 inch meters . . . . . . . . . . . . . 10 .00 For testing 4 inch meters . . . . . . . . . . . . 40 . 00. No meter shall be removed, or in any way disturbed, nor the seal broken, .except in the presence of or under the direction of the superintendent. (Ord. 674 (part) , 1957) . 14 .16.070 Meters--Placement. All meters of the water department shall be placed at the curb line of the street or near the property line in alleys , whenever and wherever practicable, and be protected and maintained as a part of the operation of the department. - (Ord. 674 (part) , . 1957) . 14 .16.080 Meters--Inside premises . Where a water meter is placed inside the premises of a consumer, . for the convenience of the consumer, provisions shall be made for convenient meter reading and repairing by representatives of -the department. -Failure to make such provisions by the consumer shall -be sufficient cause for removal of such meter at the option of the superintendent of the department and the withholding of service until installation is made at the curb line as herein provided. (Ord. 674 (part) , 1957) . 14 . 16 . 090 Consumer ' s responsibility. The city shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and the city shall not be responsible for any leakage; breakage or seepage for any pipe situated between any meter properly installed at the curb and the private premises served thereby nor shall the city be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property. (Ord. 674 (part) , 1957) . 14 . 16. 100 Fire hydrants--Maintenance . Public fire hydrants shall be. placed, maintained and repaired by the water department. Any damage thereto by persons or agency other than representatives of the fire and water depart- ments, shall be: a claim against the person or agency committing such damage, and the superintendent shall take such action as may be necessary to collect the same. (Ord. 674 (part) , 1957) . 14 .16 .110 Fire hydrants-=Use. Fire hydrants are provided for the sole. purpose of extinguishing fires and 399 14. 16. 120--14. 16 . _ shall be used otherwise only as herein provided for, and shall be opened and used only by the water and fire departments or such persons as may be authorized to do so by the chief of the fire department, or the superintendent of the water department as herein provided. (Ord. 674 (part) , 1957) . 14 . 16. 120 Fire hydrants--Permits for special use. All . persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the city, shall be required to obtain a permit, first, from the chief of the fire depart- ment, second, from the superintendent of the water depart- ment, who shall issue no such permit to any person who has violated any of the provisions of this title or whose indebtedness to the city of water used or damage to hydrants or equipment is delinquent. All such persons having permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants . (Ord. 674 (part) , 1957) . 14 .16 .130 Fire hydrant--Use permit cancellation. Permit for the use of water through the fire hydrants of the city may be cancelled at the will of the superintendent on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (Ord. 674 (part) , 1957) . 14 .16 .140 Fire hydrants--Obstructing access . No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom, except as provided in Section 14 .16 .120 . (Ord. 674 (part) , 1957) . 14 .16. 150 Pressure maintenance or shutoff. The water department shall. not accept any responsibility for the maintenance of pressure and it reserves the right to shut off the water from any premises, or from any part of the distribut- ing system, as long as necessary without notice . to consumers, at any time of emergency, but in all cases of extensions or connections, the department shall notify occupants of the premises of the necessity of shutting off water and the probable length of time the water shall be so shut off before taking such action. (Ord. 674 (part) , 1957) . 14 .16.160 Drawing water into steam boilers. . No stationary steam boiler shall be connected directly with the. water distribution system of the city, but in each and every case a suitable tank of storage capacity suff_icient . for a twelve hours supply for said boiler shall be provided and the service pipe supplying the tank shall discharge directly into the top of the tank. (Ord. 674 (part) , 1957) . 400 1102. 010--15. 12. 060 Sections: (Continued) 15 .12. 200 : Permits--Grounds for revocation. 15 .12'. 210 Permit--Effect of suspension or revocation. 15 .12.010 Permits required. Permits , as required by this chapter, shall be obtained from . the city for the follow- ing oil operations, activities, buildings or structures in the city limits . (Ord. 1653 (part) , 1971 : Ord. 1203 (part), 1966: -Ord. 224 , 1921) . 15.12.020 Permit--Drilling or redrilling. Drilling or redrilling shall - not- be commenced or continued unless or until a permit therefor has been obtained from the department .of oil field control of the city. Said permit is herein refer- red to as a drilling permit. (Ord. 1653 (part) , 1971: Ord 1203 (part) , 1966) . 15. 12 .030 Permit--Annual inspection. The oil field superintendent shall inspect annually, and at such other times as he deems necessary, each producing oil well and suspended or idle oil well regulated by this title, for the purpose of ascertaining whether the well is being operated or maintained within the standards of this code . On the first day of July next after the issuance of a drilling per- mit and on the first day of July of each year thereafter, until the well has been abandoned as provided in this code, an annual renewal inspection permit must be obtained from the department of oil field control for each and every well, including injection wells . Such annual inspection permit shall be a permit to operate for the time period for which issued and no well shall be operated without such per- mit. (Ord. 1653 (part) , 1971 : Ord. 1203 (part) , 1966) . 15 .12. 040 Permit--Wastewater . For the purpose of dis- posing of wastes from oil and gas wells , including waste F" water, water and brine in the sanitary system, a permit must *' first be obtained from the department of oil field control . (Ord. 1653 (part) , 1971) . 15 .12 .050. Permit--Oil field recovery heater. An oil field recovery heater shall not be erected and/or installed for the purpose' of secondary recovery unless a permit there- for has been obtained from the department of oil field con- trol . (Ord. 1653 (part) , 1971) . 15.12.060 Permit--Building. A building permit shall be obtained from the building department to erect, construct, enlarge, alter, repair, move, improve or demolish any struc- ture or tanks, or appurtenances thereto. The building permit includes the required electrical permits . A building permit fee shall be charged by the building department regarding the 435 I 15. 12. 070--15. 12 . aforementioned and such fee shall be based on the total .eval- uation of the structure when completed, as listed in the Uniform Building Code, adopted by the city council. The building department shall issue all required plumbing and electrical permits . (Ord. 1653 (part) , 1971) . 15 .12.070 Permit--Encroachment. An encroachment permit shall be obtained from the director of public works when it is necessary to encroach over public property lines with well drilling or servicing equipment. (Ord.- 1653 (part) , 1971) . 15 .12. 080 Fees--Set _by resolution. Fees shall be re- quired for the issuance of each of the permits required pur- suant to this chapter. Such fees shall be set by resolution in November of 1971 for the period ending June 30 , 1972, ex- cept the annual inspection fee which shall remain at the cur- rent rate until July 1, 1972 . Thereafter, such fees shall be set prior to July 1 of each year by resolution on an annual fiscal year basis , commencing July 1 of each such year and expiring on June 30 of the next succeeding year. Such fees shall be based upon the projected administrative and legal costs in the administration and enforcement of the Huntington Beach oil code and any other provisions relating to oil oper- ations during such annual fee fiscal year period. The resolu- tion shall also determine the conditions of payment and col- lection of the required fees . Proceeds from such collection of fees shall become part of the city 's general fund and shall not be refundable. (Ord. 1653 (part) , 1971) . 15. 12.090 Annual inspection fee payment. The annual inspection fee shall be due and payable on July 1 of each year, commencing with the year 1972 and shall be delinquent on August 1 of each year. (Ord. 1653 (part) , 1971) . 15.12.100 Waste water fee payment. The waste water fee shall be due and payable on January 1 of each year and shall be delinquent on January 31 of each year. (Ord. 1653 (part) , 1971) . 15. 12 .110 Drilling and recovery heater fees . The drill- ing and redrilling fee and oil field recovery heater fees shall be due and payable at the time of application therefor. (Ord. 1653 (part) , 1971) . 15.12.120 Permit--Obtainment procedure. Permits required by this chapter shall be obtained from the appropriate city department. The application for drilling, redrilling or oil field recovery heater permits shall be obtained from the de- partment of oil field control and the application shall contain the following required information: 436 15.-Lo .070--15...16.090 dollars if he has more than five wells . (Ord. 1653, 11/71; Ord. 1203, 5/66 ) . 15. 16 . 070 Default in performance of conditions . When- ever the department of oil field control finds that a default has occurred in the performance of any requirement or condi- tion of these regulations , a written notice thereof shall be given .to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the department of oil field control to be reasonably necessary for the comple- tion. of- such work. After receipt. of such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing thereupon, shall pay over to the department of oil field control the estimated cost of doing the work as set forth in the notice. Upon re- ceipt of such moneys , the department of oil field control shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but . no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the. division of oil and gas , such additional money may be demanded. from the surety as is necessary to restore the drill site in conformity with the regulations of this title. (Ord. 1653, 11/71; .Ord. 1203, 5/66 ) . 15. 16 . 080 Exoneration. When _ the well or wells , covered by said bonds have been properly abandoned in conformity with all regulations of this title, . and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the department of oil field control, or upon receipt of a satisfactory substitute bond, the . bond issued in .compliance with the regulations. shall be terminated and cancelled and the surety relieved of .all- obli- gations thereunder. (Ord. 1653; 11/71; Ord. 1203, 5/66) . . 15. 16 . 090 Insurance Requirement. All oil operators , drilling contractors and well-servicing companies doing busines's within . the city limits of Huntington Beach, shall file with the oil field department within ninety (90.). days after the effec- tive date of this chapter, a certificate . of insurance, with the city of Huntington Beach named as an additional insured, and in the following value: Combined Single Limit Bodily Injury and/or Property Damage Including Products Liability.: 1,000,000 Combined Single Limit Per Occurrence. (Ord. 1976 , 21 May 1975, Ord. i653, 11/71; Ord. 1203., 5/66) . .441 Y' 15. 20. 010 Chapter 15. 20 DRILLING AND SAFETY REGULATIONS Sections• 15. 20. 010 Encroachment . 15. 20. 020 Derricks--Specifications. 15. 20. 030 Derricks--Bracing. 15. 20. 040 Derricks--Removal.. 15. 20. 050 Inspection. 15. 20. 060 Lights. ' 15. 20. 070 Signs--Size. 15. 20. 080 Signs--More than one well. 15. 20. 090 Waste collection' -Disposition. . 15.20. 100 Waste collection--Sump or skim pond-- Unlined. 15. 20.110 Waste collection--Sump or skim pond-- Filling. 15. 20. 120 Surfacing roads and drill sites. 15. 20.130 Distance from dwellings and hours. 15. 20.140 Soundproofing required when. 15. 20.150 Pulling a wall--Limitations. 15. 20.160 Noises and vibrations deemed nuisance. 15.20. 170 Access to well head. 15. 20. 180 Blow-out prevention. 15. 20. 190 Cellars. 15. 20. 200 Setbacks. 15. 20. 210 Compliance with setbacks. 15. 20.220 Safety-sight angle. 15. 20. 230 Fences. 15. 20. 240 Oil field recovery heaters specifications. 15. 20. 250 Use of power motors. 15. 20. 260 Fire prevention--Standards. 15. 20. 270 Fire prevention--Sources of ignition. 15. 20. 280 "No smoking" signs. 15. 20. 290 Oil storage tanks. 15. 20. 300 Removal of wooden construction. 15. 20. 310 Pulling masts and gin poles . 15. 20. 320 Service yards. 15. 20. 330 Pulling line stripper. 15. 20. 010 Encroachment . No operator or person while redrilling, servicing or maintaining any well drilled shall encroach with equipment over public property lines, sidewalks , parkways, alleys or streets unless a permit therefor has been granted by the department of public works . (Ord.. 1653, 11/71; .Ord. 1203, 5/66) . 442 Transmitted herewith is the new Huntington Beach Municipal Code, Volume I . The new Municipal Code completely replaces the Huntington Beach Ordinance Code, Divisions 1 through 8, which may be discarded. The effective date of the new Municipal- Code is July 16, .1975. REMOVE INSERT Table ' of Contents Table of Contents, pages i through v .'(Insert after Title page) 1 1 , 43, 43 45 45 51 . 5l 57 57 59 59 60-1 6o-1 60-3 39.1 391 393 393 395 395 397. 397 399 399 4:3 9 439 441 441 . INDEX. (Complete) . INDEX .(Complete) (:Updates, to new Index) T-23 L_�3 1-27. =-27 I-59 I-59 I-61 I-61 1-63 I-63 TABLE OF CONTENTS City Charter Title 1 - GENERAL PROVISIONS 1 . 01 Code Adoption 1 . 04 General Provisions 1. 08 Official Seal 1. 12 City Hall 1. 16 General Penalty--Enforcement 1 . 20 Notices Title 2 - . ADMINISTRA:TION AND PERSONNEL 2 .04 Eligibility of Candidates 2. 08 Administrative Officer 2 . 12 City Clerk 2. 16 City Treasurer . 2 . 20 City Attorney 2. 24 Police Chief 2. 28 City Council 2 . 32 Building and Community Development Department 2. 34 Environmental Resources Department 2 . 36 Finance Department 2 .40 Fire Department 2 . 44 Harbors and Beaches Department 2 . 48 Planning Department 2 . 52 Police Department 2. 56 Public Works Department 2 .60 Recreation and Parks Department 2. 64 Recreation and Parks Commission i 2 . 68 Street Department 2 .72 Personnel System 2 . 76 Competitive Service Regulations 2 . 80 Redevelopment Agency 2 . 84 Public Library--General Provisions 2 . 88 Library Board 2. 92 Public Library--Fiscal Matters 2 .96 Disposition of Unclaimed Property Title 3 - REVENUE AND FINANCE 3 . 02 Purchasing Division 3 . 04 Fund Regulations 3 . 08 Capital Outlay Fund 3. 12 Gas Tax Fund 3. 16 Tax Collection 3 . 20 Documentary Transfer Tax i 3. 24 . Sales and Use Tax i i 3 .28 Transient Occupancy Tax 3 . 32 Cigarette Tax 3 . 36 Utilities Tax Title 4 - RESERVED Title 5 BUSINESS LICENSES AND REGULATIONS 5 .04 General Provisions 5 . 08 Licensing Procedures .5 .10 Enforcement of Title 5. 12 Exemptions to Provisions 5.16 Rates . 5. 20 Ambulance Service 5. 24 Bathhouses--Massage .Parlors 5 .28 Dance Halls 5. 32 Oil Production 5 .36 Pawnbrokers , Junk Dealers and Secondhand Dealers 5 . 40 Private Patrol Service 5 . 44 Restaurants--Amusement and Entertainment Premises 5 .48 Taxicabs--Vehicles for Hire 5 .52 Motion Picture Theaters Title 6 - RESERVED Title 7 - ANIMALS 7 .04 General Provisions. 7 . 08 Animal Control--Impoundment 7 . 12 Dog and Cat Licensing, Vaccination and Breeding 7. 20 Farm Animals and Fowl 7. 24 Wild Animals and Reptiles 7 .28 Animal Care and Control Commission Title 8 HEALTH AND SAFETY 8. 04 Food Handling Establishments 8. 08 Lunch Wagons 8 . 16 Weed Abatement 8 . 20 Refuse 8. 24 Dust--Industrial Waste 8 . 32 Standing Water 8. 36 Rubbish 3. 40 Noises 8 . 44 Vehicles and Motorcycles 8 . 48 Inoperable Vehicles ii 8 . 56 Mobile X-Ray Units 8 . 60 Civil Defense--Emergency Services 8 .64 Farm Labor Camps Title 9 - PUBLIC PEACE; MORALS AND WELFARE 9. 04 Interference with Police 9. 20 Dressing in Public 9. 24 Gambling 9 . 28 Pinball Machines 9 . 32 Pool and Billiard Halls 9. 36 Indecent Exposure of Waitresses-' and Performers 9 . 40 Inhaling Certain Substances 9 . 44 Intoxicated and Disorderly Persons 9 . 48 Parades 9 . 52 Damaging City Property 9 . 54 Sleeping in Vehicles . 9 . 56 Airport Noise 9 . 60 Fortunetelling 9 . 64 Registration of Canvassers 9 . 68 Curfew 9 .16 Discharging 9. 80 Concealed Title 10 - 10. 04 . Definitions 10 . 08 Enforcement 10 . 12 Speed Limits 10 . 16 Control Devices 10 . 20 Prohibited Places of Operation 10. 24 Truck Routes 10 .28 One-Way Alleys 10 . 32 Movement of Overloads 10. 36 Stops. and Yields 10 . 40 General Parking Regulations 10 . 44 - Parking--Time Limits 10 . 48 Loading Zones 10. 52 Parking--City Lots 10 . 56 Parking Meters--Generally 10 . 60 Meter Zones 10. 64 Meters--Installation 1068 Meters--Use ' 10 .. 72. Driving Rules 10 . 76 Trains 10 . 80 Pedestrian Crosswalks 10 . 84 Bicycle Regulations 10. 88 Self-Propelled Wheelchairs and Invalid Tricycles Title 11 - RESERVED iii Title 12 - STREETS AND SIDEWALKS 12 .04 Datum Plane. 12 . 08 House Numbers 12 .12 Street Work Generally 12.16 Repaving Streets _ 12. 20 Utility Structures 12 . 24 Warning Lights--Barricades 12 .28 Sidewalks--Maintenance 12 . 32 Sidewalks--Obstructing 12. 36 Benches Title 13 - PUBLIC PROPERTY 13. 04 Beaches and Piers--General Provisions 13 .08 Beach Regulations 13 .12 Pier Regulations 13 .16 Beach Parking Lots 13. 20 Private Beaches 13 . 24 Beaches--Vehicle and Business Permits 13 . 28 Camper Facilities 13 . 32 Harbors--Generally 13 . 36 Boating Regulations 13 .40 Swimming Rules 13 .44 Harbor Sanitation 13 . 48 Parks 13 .52 Public Buildings Title 14 - WATER AND SEWERS 14 .04 Water Department 14 . 08 Service Connections 14 .12 Fees, .Rates and Deposits 14 . 16 Water Use Regulations 14 .20 Water Main Extensions 14 . 24 Water Pollution 14 . 26 Construction and Abandonment of Water Wells 14.32 Sanitation Department 14 . 36 Sewer Connections. 14 . 40 Sewer Fees and Deposits 14 , 44 Sewer Main Extensions 14. 48 Drainage Title 15 - OIL 15 . 04 General Provisions 15 . 08 Definitions 15. 12 Permits and Fees 15 .16 Bonds and Insurance iv . 15. 20 Drilling and Safety Regulations 15. 24 Clean Up--Maintenance 15. 28 Waste Water System 15 . 32 Idle Wells 15. 36 Nuisance Wells and. Sites 15 . 40 Nonproducing Wells Activated Title 16 - RESERVED Title 17 - BUILDINGS AND CONSTRUCTION 17 . 04 Building Code 17. 08 Housing Code 17.12 Dangerous Buildings Code 17.16 Masonry Walls 17. 20 Driveways and Parking Areas, 17 . 24 Sun Decks--Windscreens 17 . 28 Moving Buildings 17 . 32 Fire Zones 17 .36 Trailer Parks and Regulations 17 . 40 Mechanical Code 17 . 44 Plumbing Code 17 .48 Electrical Code 17 . 52 Swimming Pool Code 17 . 56 Uniform Fire Code Tables Index v 1. 01 10--1. 01. 030 Title 1 GENERAL PROVISIONS Chapters : 1. 01 Code Adoption 1.07 General Provisions 1. 08 Official Seal 1. 12 .City Hall 1.16 General Penalty--Enforcement 1. 20 Notices Chapter 1. 01 CODE ADOPTION Sections: 1. 01. 010 Repeal of ordinance . cod.e. 1. 01. 020. Adoption. 1. 01. 030 Title--Citation--Reference. . 1. 01. 040 Codification authority. 1. 01. 050 Reference applies to all amendment 1. 01. 060 Title, chapter and section headings. 1. 01: 070 . Reference to specific ordinances. 1.. 01. 080 Effect. of code on past actions and obligations . 1. 01. 090 Effective date. 1. 01. 010 Repeal of :ordinance code. The Huntington Beach prdinance Gode, excepting Division 9 thereof, is hereby repealed. (.Ord, 1990 . 16 Jul 75) 1. 01. 020 Adoption. Pursuant to the .provisions of Article V, Section 513 of the Charter of the City of Huntington Beach, there is hereby adopted the "Huntington Beach Municipal Code," as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the Charter of the City of Huntington Beach, save and except those portions of the secondary codes as are deleted or modified by the provisions of the Huntington. .Beach Municipal Code. - (Ord. 1990, 16 Jul' 75) . 1. 01. 030 Title—Citation—Reference. This code shall be known as the Huntington Beach Municipal Code and it shall be sufficient to refer to said code as the Huntington Beach Municipal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to , amending, ,correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Huntington Beach Municipal Code. Further reference may be had 1 1 . 01. 040--1. 01. E to the titles , chapters, sections and subsections of the Huntington Beach Municipal Code and such references shall apply . to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 1990 , 16 Jul 75) 1. 01. 040 Codification authority. This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Huntington Beach, codified pursuant to the provisions of Article V Section 513 of the Charter of the City of Huntington Beach. Ord.. 1990, 16 Jul 75) 1. 01. 050 Reference applies to. all amendments . Whenever a reference . is made to this code as the Huntington Beach Municipal Code or to any portion thereof, or to any ordinance of the City of Huntington Beach, the reference shall apply t.o all amendments, corrections and additions heretofore, now or here after made. (Ord. . 1990, 16 Jul 75) 1. 01. 060 Title, chapter . and section headings . Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in .any manner affect the .scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 199o , 16 Jul 75) 1. 01. 070 - Reference to .specific ordinances . The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding rovisions contained within this code. (Ord. 1990 , 16 Jul 7J 1. 01. 080 Effect of code on .past actions and obligations . Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for viola- tions of ordinances , which- violations were committed prior to the effective date hereof, nor be construed as .a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof .required to be posted, filed or deposited pursuant to any ordinances and all rights .and obli gations there-under appertaining shall continue in full force and effect . . (Ord. 1990, 16 Jul 75) 1. 01. 090 Effective date . This code shall become effective on the date the ordinance adopting this code as the "Huntington Beach Municipal Code" shall become effective. (Ord. 1990, 16 Jul 75) 2 2. 84 .0-20--2 . 84 . 0 6 0 those duties specified for such officers in Sections 27301 et seq. of the California Education Code, and all amendments thereto, and the same shall be known as the "Huntington Beach Public Library . " (Ord. 18, 6/09) 2. 84. 020 Use . The public library established under said Sections 27301 et seq. of the California Education Code shall be forever free to the inhabitants and nonresident tax- payers of this city, subject always to such rules , regulations and by-laws as may be made by the board of library trustees , and provided,. that for violations of the same, . a person may be fined or excluded from the privileges of the library . (Ord. 18, 6/09) -. 2. 84. 030 Contracts with cities and counties . . The board of library trustees of the public library of this city may con- tract with the legislative bodies of neighboring municipalities. or boards of supervisors of the county in which any public library or- libraries are situated, for the lending of books of such library to residents of such counties or 'neighboring municipalities upon, a reasonable compensation to be paid by such counties or neighboring municipalities . (Ord. 18, 6/09) . i 2. 84 . 040 Title to property. The title to all property acquired for the purpose of the library, when not inconsistent with the terms of .its acquisition, or otherwise designated, shall rest in the city in which such library is or is to be situated and in the name of- the city may be sued for and de- fended by action. at law or otherwise . (Ord. 18, 6/09 ) 2. 84. 050 Harmony with state law. Nothing in Chapters 2. 84 through 2.92 shall be construed as being in conflict with Sections 27301 et seq. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09'). 2. 84 . 060 Distribution of duties. All the duties enumer- ated in said Section 27301 et seq. of the California Education Code shall devolve upon and. be discharged by the . officers and employees mentioned in said sections , and Chapters 2 . 84 through 2. 92 . (Ord. 18, 6/09) 43 2 . 88 .010--2 .88. 1rv0 i Chapter 2. 88 LIBRARY BOARD Sections : 2. 88. 010 Board named--Members . 2. 88 . 020 Terms--Compensation. 2 . 88. 030 Initial terms . 2 . 88. 040 Vacancy filling. 2. 88 . 050 Meetings--Regular. ' 2.88 . 060 Meetings--Special . 2. 88 . 070 Quorum. 2 . 88 .080 President appointed. 2. 88 .090 Meetings--Minutes . 2. 88.100 Rules and regulations . 2 . 88 .140 State reports and laws furnished library . 2 .88.150 Exchange and lending of books . 2. 88. 160 Incidental powers . 2. 88 . 010 Board named--Members . The public library shall be managed by a board designated as the board of library trus- tees, .consisting of five (5) members, to be appointed by the mayor, by and with the consent of the council . (Ord. 18, 6/09) 2 . 88 . 020 Term--Compensation. Such trustees shall severally hold office for three 3) years , serving without compensation. (Ord: 18, 6/09) 2. 88. 030 .. Initial terms of office. The number of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at. the end of the current fiscal year, two (2) at .the end of one year thereafter, and the other two (2) at the end of two years thereafter. (Ord. 18, 6/09) 2.88.040 Vacancy filling. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by , appointment .for the unexpired term in the same manner. (Ord. 18, 6/09 ) 2. 88. 050 Meetings--Regular. The board of library trus- tees shall meet at least once a month at such times and places as they may fix by resolution. (Ord. 18, 6/09) 2. 88 . 060 Meetings--Special . Special meetings may be called at any time by. three 3 trustees, by written notice 44 2 . 88 .070--2 . 88 .160 served upon upon each member at least three (3) -hours before the time specified for the proposed meeting. (Ord. 18, 6/09) 2 . 88. 070 Quorum. A majority of the board shall consti- tute a quorum for the transaction of business . ..(Ord. 18, 6/09) 2 . 88 . o80 President appointed. Such board shall appoint one of its number president who shall serve for one (1) year and until his successor is appointed, and in his absence shall select a president pro tempore . (Ord. 18, 6/09) 2 . 88.. 090 Meetings--Minutes : Such board shall cause a proper record of its proceedings to be kept. At the first meeting of such board it must immediately, upon organization, cause to be made out and filed with the State Librarian at Sacramento, a certificate showing that such library has been . . established, with the date thereof and the names of the trus- tees and of the officers of the board chosen for the first year. (Ord. 183 6/09) 2 . 88.100. Rules and regulations . The board of library trustees shall have the power to make and enforce. all rules , regulations and bylaws necessary for the administration, government and protection of the libraries under its manage- ment., and all property belonging thereto . (Ord. 18, 6/09) 2 . 88 .140 State reports and. .laws furnished library . The board of library trustees shall have the power to require the Secretary of State and other state officials to furnish such libraries with copies of any and all reports, laws and other .publications of the state and otherwise disposed of by law. (Ord. 183 6/09) 2 . 88.150 Exchanging and lending of books . The board of library trustees shall have the power to borrow books from, lend books to and exchange the same with. other libraries; and to allow nonresidents to borrow books upon conditions as it may prescribe. .(Ord 183 6/09) 2 .88 .160 Incidental powers . The board of library trus- tees shall have the power to do and perform any and all other acts and things necessary or proper to carry out the provi- sions of Sections 27301 et seq.. of the California Education Code, and any amendments thereto. (Ord. 18, 6/09) Sections 2.. 88 .110 and 2 . 88 .130 repealed by Ord. 1992 , 7 Aug 75 . 45. 2. 92 . 010 Chapter 2.92 PUBLIC LIBRARY--FISCAL MATTERS Sections : 2 .92 .010 Annual report 2.92 .020 Library tax--Levy . 2 .92. 030 Library tax--Rate . 2 .92.040 Library fund. 2 .92 .050 Preservation of donations . 2 .92.060 Payments from fund. 2. 92 . 070 Presentation of demands . 2 . 92 . 010 Annual report . The board of library -trustees shall, on or before the last day of July in each year, make report to the council, giving the condition of the library on the thirtieth day of June preceding, together with a statement of its proceedings for the year then ended, and must imme- diately upon the publication of such report forward a copy thereof to the State Library at Sacramento. (Ord. 18, 6/09) (The next page is 47) 46 Title 3 REVENUE AND FINANCE Chapters : 3. 02 Purchasing Division 3. 04 Fund Regulations 3. 08 Capital Outlay Fund 312 Gas Tax Fund 3 . 16 Tax Collection 3. 20 Documentary Transfer Tax 3. 24 . Sales And Use Tax 3. 28 Transient Occupancy Tax 3. 32 Cigarette Tax 3. 36 Utilities Tax Chapter 3.02 PURCHASING DIVISION Sections : 3. 02 . 010 Created. 3 . 02 .020 Officer--Duties. 3 . 02 .030 Officer--Exemptions from centralized purchasing. 3. 02 .040 Agency estimates of requirements and requisitions . 3. 02 . 050 Bid procedures . 3. 02 .060 Purchase orders . 3. 02 .070 Encumbrance of• funds . .3. 02 .080 Formal contract procedure. 3. 02 .090 Bidder' s security. 3. 02 . 100 Bid opening procedure. 3. 02 . 110 Bid rejections . 3. 02. 120 Award of contracts . 3. 02 . 130 Tie bids . 3. 02 . 140 Performance bonds . 3. 02 . 150 Open market procedure. 3. 02 . 160 Bids--Minimum number. 3. 02 . 170 Bids--Notice inviting 3. 02 . 180 Bids--Written. 3. 02 . 190 Inspection and testing of equipment and services . 3. 02 . 200 Surplus supplies and equipment. 51 3 . 02. 010--3. 02 . 070 t3. 02 . 010 Created. aThe purchasing division is created, under the supervision and direction of the director of fi- nance , for the centralized purchase of supplies , services and equipment. (Ord. 1842 , 5/73) 3. 02. 020 Officer--Duties . . The purchasing officer shall have general supervision of the purchasing division. The purchasing officer shall be responsible to the director of finance. The purchasing officer shall perform the duties and responsibilities as outlined in the job description for purchasing officer approved and adopted by the personnel board. The purchasing officer shall enjoy all fringe bene- fits enjoyed by department heads . (Ord. 1842, 5/73) 3. 02 .030 Officer--Exemptions from centralized purchasing. The purchasing officer, with approval of the city council, may authorize in writing any agency to purchase or contract for specified supplies , services and equipment independently of the purchasing division; but he shall require that such . purchases or contracts be made in conformity with the .pro- cedures established by this chapter, and shall further re- quire periodic reports from the agency on the purchases and contracts made under such written authorization. (Ord. 1842, 5/73) 3. 02.040 Agency estimates of requirements and requisi- tions . All using agencies shall file detailed estimates of their requirements in supplies , services and equipment in such manner, at such time , and for such futire periods , as the pur- chasing officer shall prescribe, and using agencies shall submit requests for supplies , services and equipment to the purchasing officer by standard requisition forms . (Ord. 1842 , 5/73) 3. 02.050 Bid procedures . Purchases of supplies , ser- vices , equipment and the sale of 'personal property shall be by bid procedures pursuant to Sections 3. 02. 080 and 3. 02 . 150.. Bidding shall be dispensed with only when an emergency re- quires that an order be placed with the nearest available source of supply , when the amount involved is less than two hundred dollars , or when the commodity can be obtained from only one vendor. (Ord. 1842, 5/73) 3. 02 .060 Purchase orders . Purchases of supplies , ser- vices and equipment shall be made only by purchase order. (Ord. 1842 , 5/73) 3. 02.070 Encumbrance of funds . Except in cases of emergency , the purchasing officer shall not issue any pur- chase order for supplies , services or equipment unless there exists an unencumbered appropriation in the fund ac- count against which the purchase is to be charged. (Ord. 18423 5/73) 52 3. 08. 060--3. 12. 030 3 . 08. 060 Transfer of surplus funds. The council may transfer to such fund any unencumbered surplus funds remaining on hand. in the city at the end of any fiscal year. (Ord. 529, 5/48) . 3. 08. 070 Planned local drainage facilities fund. There is created a fund to be known as "planned local drainage facilities fund" and all fees received by the city for the planned drainage facilities shall be deposited in such fund and shall be expended only for the construction or reimburse- ment for construction of local drainage facilities within the planned local drainage area from which the fees comprising the funds were collected. (Ord. 789, 8/60) . Chapter 3. 12 GAS TAX FUND Sections : 3. 12. 010 Created. 3. 12. 020 Payments into fund. . 3.12. 030 Expenditures from fund. 3. 12. 010 Created. To comply with the provisions of Sections 2113 et seq. of. Chapter 3 of Division 3 of the Streets and Highways Code ,. there is created in the city treasury a special fund to be known as the "special .gas tax street_ improve- ment fund. " (Ord. 388, 12/35) . 3. 12 . 020 Payments into fund. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways , shall be paid into the fund. (Ord. 388, 12/35) . 3. 12 . 030 Expenditures from fund. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to, all of the provisions of the Streets and High- ways Code, Sections 2113 et seq. (Ord. 388, 12/35) . 57 3 .16. 010--3 . 16 . 020 Chapter 3 . 16 TAX COLLECTION Sections : 3.16 .010 County responsibility . 3.16.020 Effect of prior ordinances . 3 .16 .010 County responsib-ility . The city elects that the duties of the assessment of city property for city taxes, the equalization and correction of the assessment, the collec- tion, payment and enforcement of the taxes , including delin- quent taxes , and the redemption of property from sale or other penalty for the nonpayment of city taxes , now provided by law to be assessed by the assessor and collected by the tax collec- tor and equalized by the city council, shall be performed by the county assessor, the county tax collector, the county auditor and the board of supervisors of Orange County when acting as board of equalization. (Ord. 567, 11/50) 3 . 16 . 020 Effect of prior ordinances . All ordinances or parts of ordinances in conflict herewith are repealed, except as the same may be necessary for the assessment and collection of taxes pursuant to law. by county officials , and except fur- ther to enforce the collection of all city taxes assessed by the city which may now be or which may become delinquent . (Ord. 567, 11/50 ) Chapter 3 .20 DOCUMENTARY TRANSFER TAX Sections : 3. 20 .010 Title . - 3 . 20. 020 Tax imposed . 3. 20 .030 Payment of tax. 3 . 20 .040 Exceptions . 3. 20 .'050 Exception--Partnership. 3 . 20. 060 Administration. 3. 20. 070 Refunds . I 58 3. 20 .u10--3 . 20 .040 3. 20. 010 Title . This chapter shall be known as the "Documentary Transfer Tax Chapter" of the city of Huntington Beach. It is adopted pursuant to the authority contained in Part 6 . 7 .(commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. (Emergency Ord. 1993,16 Jun 1975;. Ord.. 1925, 8/74; Ord. 1369, 11/67) 3 . 20. 020 Tax imposed. There is hereby imposed on each deed, instrument or writing by which any lands, tenements , or other realty sold within the city of Huntington Beach shall be granted, assigned, transferred or otherwise conveyed. to, or vested in, the purchaser or purchasers, or any other person or persons , by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of. the value of any lien or encumbrances remaining thereon at the time of sale ) exceeds One Hundred Dollars ($100) , a tax at the rate of Twenty-seven and one-half cents ($0. 275 ) for each Five Hundred Dollars ($500) or fractional part thereof. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) 3 . 20. 030 Payment of Tax. Any tax . imposed pursuant to Section 3. 20 .020 hereof shall . be paid by any person who makes , signs , or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) 3 . 20. 040 Exceptions . The tax imposed by Section 3 . 20 . 020 . hereof .shall not apply to : (a) Any instrument. in writing given to secure a debt . (b) The United States or any agency or instrumentality thereof, or the District of Columbia for any tax . imposed pur- suant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the .tax may be collected by assessment from any other party liable therefor. (c ) The making, delivering or filing of conveyance to make effective any plan of reorganization or adjustment.: (1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an' equity receivership proceeding in a court involving. a railroad corporation, as defined in subdivision (m) of. Section 205 of Title 11 of the United States Code, as amended; ( 3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or 59 3 .20 .040--3 . 20 . ( 4) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (1) to (4) , inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five ( 5) years from the date of such confirmation, approval or change . I (d) The making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if-- j (1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provi- sions of Section 79k of Title 15 of the United States Code, rela- ting to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67 ) 3. 20 . 050 Exception - Partnership. The following exception shall apply to partnerships : I (a) In the case of any realty held by a partnership, no levy shall _ be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if-- (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encum- brance remaining thereon) , all realty held by such partnership at the time of such termination. (c ) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b) , and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67 ) 60 3. 20 .050--3 . 20 .070 3 . 20. 060. Administration. The county recorder shall admin- ister this chapter in conformity with the provisions of Part 6 .7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. (Emergency Ord. 1993, 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) 3. 20. 070 Refunds . Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096) *of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California. (Emergency Ord. 1993., 16 Jun 1975; Ord. 1925, 8/74; Ord. 1369, 11/67) (The next page is 61. ) 60-1 14. o. _ J50--14 . 08. 060 (a) . Where there exists a dwelling on the rear of a lot , in front of which is another dwelling, one service may be provided for such premises . The cost of such water meter installation and service shall be paid by the owner or party receiving service . (b) Where two or more buildings-owned by the same person are built upon the lot , said buildings may be served. by one service pipe and one meter if approved by the water superintendent . (Ord. 674, 11/57) 14. 08. 050 Property separation. Whenever one service pipe and meter has. been serving more than one occupancy on the same parcel of property owned by one owner, and the property owner- ship is severed, the water superintendent may in his discretion require separate service pipe and meter for each occupancy. (Ord. .674, 11/57) 14. 08.060 Interfering with pipes. No person shall, without the permission of the water superintendent , or his duly appointed Agents or employees, remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus , appliances or property used or maintained for the production, storage or supply of water by the city to consumers thereof; nor shall any person without the permission. of the water super- intendent install any pipe, apparatus, appliance or connection to any part of the system of water works in the. . city. (Ord. 674, 11/57) Chapter 14. 12 FEES, RATES AND DEPOSITS Sections: 14. 12. 010 Service fee. 14. 12. 020 Installation and meter fees. 14.12. 030 Installation by ,applicant. 14.12. 040 Water rates--Designated. ' 14.12. 050 Water rates--Construction purposes: 14.12. 060 Water .rates--Other uses. 14. 12.070 Private fire service rates. 14.12* 080 Commodity: ad,just.ment' clause. 14. 12. 090 Water service--Applications . 14.12.100 Water service--Turn on charges. 14.12. 110 Water rates--Turn on. 14. 12.120 Water rates--Date due. 14. 12. 130 Vacating premises. 14.12. 140 Change of address. 391 14. 12. 010--14. " 020 Sections : (Continued) 14.12 .150 Renewing service. 14. 12.260 Adjustment of rates . 14: 12. 170 Water fund. 14.12. 010 Service fee. The water department , as a condi- tion to granting the application and furnishing water service to the premises , is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the city for the cost of the system and future replacements and extensions thereof: (a) The sum of Thirty Dollars ($30) for each dwelling unit on parcels containing less than ten thousand C10,000) square feet. A "dwelling unit" shall be each residential quarter in hotels, apartments and motels, and each trailer space providing permanent facilities in trailer parks . (b ) For any parcel containing ten thousand (10,000 ) square feet of area or more, One Hundred Fifty Dollars ($150) per acre or each fraction thereof, or Thirty Dollars ($30) per dwelling unit, whichever is greater. A "dwelling unit" shall be any unit defined in subsection (a) above. The charge of One Hundred Fifty Dollars ($150 ) per acre shall apply to all commercial and manufacturing developments, and those portions .of trailer parks which accommodate overnight parking. (c) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in subsection (a) if said other ordinance or agreement charge is greater than the charge per subsection (a) . (Ord. . 1100, 11/64; Ord. 1001, 9/63; Ord. 723, 5/59; Ord. 674, 11/57) 14. 12. 020 Installation and meter fees. In addition to the fee set forth in Section 1 . 12. 010 a , the water department shall charge and collect , in - advance, the following amount for the installation of water connections and meters : a sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement , plus fifteen (15) percent for overhead. The cost of such installation shall be estimated by the water department, and such estimated cost shall be paid. by the applicant to the water department before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner there- of. Any excess payment shall be returned to the person applying for installation. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57 ) i 392 14. 12 030--14. 12 0 14. 12 . 030 Installation by applicant . The water super- intendent may in his discretion authorize an applicant to make the installation at applicant ' s own cost , and in conformity with the specifications set forth by .the water department . (Ord. 674, 11/57) 14. 12. 040 Water rates--Designated. The water rates to be charged monthly and collected monthly or bimonthly as may be determined by the city from consumers of'- water supplied by the city are established and the water department is authorized and directed to charge and collect the same as follows : Domestic, Commercial and Industrial Service Quantity rates First 700 cu. ft . or less . $2. 65 Next 4300 cu. ft . , per 100 cu: ft . 0. 28 . Over 5000 cu. ft., per 100 cu. ft . 0. 23 Minimum Charges Size of service Minimum charge per month Water in cu. ft . 5/8" or 3/4". $ 2:.65 700 1" 4 . 89. 500 .1-1/2" 6. 29 2,000 21' 9 . 09 3,000 3" 19. 29 7,000 4" 35. 39 14,000 6" 60.69 252000 8" 83.69 35,000 10" 118. 19 50,000 A charge of. One Dollar ($1) shall be made for each unit. in excess of one connected to each meter. "Unit" means any building or a portion of a building consist- ing of one or more- rooms separated from the rest of the build- by a partition, occupied independently of 'the other parts of the building, or another building. (Ord. 1996 , 6 Aug 75; Ord. 1901, 3/74; Ord.. 1344, 8/67; Ord. 1343-A, 8/67; Ord. 121 ( , 6166; Ord. 1100, 11/64; Ord. 892, 3/62; Ord. 751, 3/60; Ord. 674, 11/57) 14. 12. 050 Water rates--Construction purposes . All construction water shall be taken from existing outlets designated by the water department or from special outlets . installed at. the expense of the consumer. If in the determination of the water department , the setting of a meter is impracticable or .un- economical for the supply of construction water, the charge for such unmetered water shall be as follows: 393 14. _-2. 060--14. 12. 070 (a) Housing tracts or subdivisions will be charged a flat rate of Six Dollars ($6) per unit during construction. (b ) General Construction. (1) For each one hundred (100) lineal feet of curb, Twenty-Four Cents (241) ; (.2 ) For each one hundred .(100 ) square feet of side- walk, Twelve Cents (12,6) ; (3) For each one hundred (100) square feet of con- crete pavement , Twenty-Four Cents (24j) ; (4 ) For each barrel of cement used .for other con- ' struction, Twelve Cents (121) ; (5 ) For settling each one hundred (100) lineal feet of backfill in trenches not over three (3) feet in depth and two (2) feet in width, Ninety-Six Cents (96r ) ; (6) For larger trenches a proportional charge shall be made as estimated by the water department; (7) For settling each one hundred (100 ) square feet of graded street , Twelve Cents (12td) ; (8) For settling filled ground a charge will be made for a .quantity of water equal to one-third (1/3) the cubic contents of the fill at a rate of Twenty-Four Cents (24,6) per one hundred (100) cubic feet ; _ (9 ) For miscellaneous uses not herein specified, the quantity of water .shall be estimated by the water depart- ment and charged at the rate of Twenty-Four Cents (24k4, ) per one . hundred (100) cubic feet. (Ord. (Ord. 1996, 6 Aug 75; Ord. 792, 9/60; Ord. 674, 11/57) 14. 12. 060 Water rates--Other uses . Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the city council under separate agreement with the consumer. (Ord. 674, 11/57) . 14. 12. 070 Private fire service rates. The monthly rates for private fire service protection shall be at the following flat rates: 394 14. 12. 080--14. 1, _ i90 Size of service Monthly rate_ 2 inch or less $ 2. 00 3 inch 3. 00 4 inch 4. 00 6 inch 6. 00 8 inch 8. 00 10 inch 10. 00 12 inch 12. 00 (Ord. 7513 3/60; Ord. 674, 11/57) . 14. 12. 080 Commodity adjustment clause`. This clause shall be applicable to the areas served by the city. Water charges will be based on the percent use of pumped water as against purchased water and their related cost. The base year shall be 1975-76 Cost in Base Year. a. Orange County water district tax per acre foot $22 . 00 b . Metropolitan Water District . Cost per acre foot . . . . . . . . . . . 77. 00 Schedule rate charges in all rate blocks will be adjusted when gross costs per acre foot are above the base year- as follows : $ ,0. 00 to $ 3. 99 per acre foot , change $0. 01 per 100 cu. ft. 4. 00 to 7.99 per acre foot, change 0. 02 per 100 cu. ft . 8. 00 to 11. 99 per acre foot, change 0. 03 per 100 cu. ft . 12.00 to 15. 99 per acre foot, 'change 0. 04 per 100 cu. ft . 16. 00 to 19.99 per acre foot ; change 0. 05 per 100 cu. ft. 20. 00 to . 23. 9.9 per acre ,foot, change 0. 06 per 100 cu. ft . . 24. 00 to 27. 99 per acre - foot , ,change .0. 07 per 100 cu. ft . 28. 00 to 31.99 per acre foot, change 0. 08 per 100 cu. ft . 32. 00 to . 35 .99 per acre foot, change 0. 09 per 100 cu. ft. Minimum charge shall increase in direct proportion to the increase in rate blocks under the commodity adjustment . clause. (Ord. 1996, 6 Aug 75; Ord. 1217, 6/66) 14.12. 090 Water service--Applications. All applications for water must be made out •on the forms .-provided by the water department and must be signed by the applicant . All applicants other than real property owners holding title by recorded deed to the property served must deposit with the water department an amount equal to four (4 ) times the sum of the minimum charge for the type of service rendered, but in no event less than Ten Dollars ($10) , as a guarantee that all 395 14: 12: 100--14: 12.130 i I water bills, fines and penalties shall be paid by the applicant . The deposit shall not be returned to the applicant , unless the water service is discontinued, .and then only in the event that all water bills, fines and penalties of the consumer have been paid in full . (Ord. 674, 11/57) 14. 12. 100 Water service--Turn on charges. No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turn off of water service, a charge of Five ($5) Dollars shall be made for restoring the water service to the premises. (.Ord. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14.12. 110 Water rates--Turn on.. Whenever the distribution line of the municipal water system. shall be duly connected with the premises of any person, and the water turned on such premises, the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises, whether the same is actually used or not . (Ord. 674, 11/57 ) 14. 12. 120 Water rates--Date due. All water rates are due and payable at the office of the Huntington Beach water depart- ment the day after mailing date of bill each month or bimonthly and shall become delinquent on the fifteenth (15th) day thereafter and if not paid thirty (30) days after the mailing date, the water superintendent is directed, through his deputies, .to shut off the water from the premises and the water shall. remain shut off until all .rates, fines and penalties have been paid. When the supply of water has been shut off for a violation of any ordinance or of any rule, regulation or requirement of the water department governing consumers of water, it shall not be turned on again except upon payment of the amount due, together with the additional sum of Five ($5) Dollars which is made a penalty for the failure to pay the said rate, and. to pay the department for turning on water. . (Ord. 1996, 6 Aug 75; Ord. 674, 11/57) 14. 12.130 Vacating premises . Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the water department . Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the city to him up to that time. Thereupon the consumer shall pay said bills to the water department . In the event that the consumer shall have made a deposit with the department, as required in Section 396 14. 12-.140--14 .12._ _ 70 14. 12. 050, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of said bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by the consumer and his liability continued. (Ord. 674, 11/57) 14. 12. 140 Change of address. Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in. occupancy of property supplied with city water, and changes in mailing addresses of consumers of city water must be .filed in writing at the water department . on forms . provided for that' purpose (Ord. 674, 11/57) 14. 12. 150 Renewing service . Each owner or occupancy of any premises previously connected with the city water system desiring to renew the use of water shall make application for renewal of water service and upon'.payment of. all unpaid charges, if any, together with any turn on charge imposed by Section 14. 12.100, the water will be turned .on. (Ord. 674, 11/57 ) 14. 12.160 Adjustment of rates. The council shall have the sole power to grant rebates from the rates specified in this chapter to indigent persons, and in the event of any dispute as to the water rate to be paid by any consumer,' it .shall deter- mine the. same: (Ord. 674, 11/57) 14. 12. 170 Water Fund. All moneys collected from fees and charges under Chapters 1 . 04 through 14. 20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the city .in a water fund and .annually there shall be disbursed from said water fund to the general fund, an amount equal to 15 percent of the gross revenue received from the sale of water by the water department in lieu of franchise and property taxes: (Ord. 7.38, 11/59) . Chapter. .14. 16 WATER USE REGULATIONS Sections: 14.16. 010 During fire 14.16. 020 Waste from improper fixtures. 14.16. 030 Meters--Property of city. 14.16. 040 Meters--Replacement or .repair. 14.. 16. 050 Meters--Accuracy tests. 14..164060 Meters--Test deposit. 14:16. 070 Meters--Placement . 14.16. 080 Meters--Inside premises. 14: 16. 090 Consumer' s responsibility. 397 14. -0. 010--14 .16. 040 Sections: (Continued) 14. 16.100 Fire hydrants--Maintenance. 14. 16. 110 Fire hydrants--Use . 14. 16. 120 Fire hydrants--Permits for special use . 14.16. 130 Fire hydrants--Use permit cancellation. 14. 16. 140 Fire hydrants--Obstructing access . 14. 16. 150 Pressure maintenance or shut off. 14. 16. 160 Drawing water into steam boilers . 14 .16. 170 Violations reported. 14.16.180, Sale of water outside city. 14.16.190 Protecting cross-connections. 14. 16. 010 During fire. No person shall use any water for irrigation or any steady flow during the progress of any fire in the city unless for protection of property, and all irrigation and sprinkling shall immediately be stopped when an alarm of fire is sounded in any part of the city, and shall not be begun until the fire is extinguished. (Ord. 674, 11/57) . 14.16. 020 Waste from improper fixtures . No person shall waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or use water closets without self-closing valves, or use the water for purposes other than those named in the application upon which rates for water are based, or use it in violation of any of the provisions of any ordinance of this city, provided further that no person shall drain or permit water to drain upon any public street or alley, .or over any private property not . owned by such person. (Ord'. 674, 11/57) . 14. 16. 030 Meters--Property of city. . All water service and water meters installed or required to be installed by the city water department shall remain at all . times the property of the city and shall be maintained, repaired and renewed by the water department when rendered unserviceable by normal wear and tear. (Ord. 674, 11/57) . i 14.16. 040 Meters--Replacement or repair. Where replacements , repairs or adjustments of any meter are rendered necessary by an act resulting from malice , carelessness or neglect of the consumer or any member of his, family, or any one employed by him, and any damage which may result from hot water, or steam from water heater, boiler or otherwise, shall be charged to and paid for by such consumer to the water department on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter which has been so attached. (Ord. 674; 11/57). 398 14 .16. 050--14 .16. 060 14 . 16. 050 Meters--Accuracy tests. Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer' s request and shall in his presence be tested in the shops of the water department by means of the apparatus there provided, and a report thereon duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more .than three percent (3%.) of the meter' s registry, the excess of the consumption on the three percent (3%) readings shall be credited to the consumer' s meter account , and the water department will bear the entire expenses of the test , and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no such error is found, the person who has requested the test shall pay the charge, fixed for such test . , (Ord. 674, 11/57) . 14.16. 060 Meters--Test deposit . Before making a test of any meter, the person requesting such a test shall, at the time of filing -his request, make a deposit with. the water department of the amount charged for such a test , subject to the conditions herein stated, which charges are fixed as follows: For testing 5/8 inch meters . . . . . . . . $10. 00 For. testing l inch meters . . . . . . . . . 10. 00 For testing 1 1/2 inch meters . . . . 20. 00 For testing 2 inch meters . . . . 20. 00. For testing 3 inch meters . . . . . . 80..0.0 For testing 4 inch meters . . . . . 105. 00 No meter shall be 'removed, or in any way disturbed, nor the seal broken, except in the presence of or under the direction of the superintendent. (Ord. 1996, 6 Aug 75; Ord. 674, 11/57 ) (The next- page is 399 ) 398-1 14 . , . 070--14. 16. 110 14 . 16. 070 Meters--Placement . All meters of the water department shall be placed at the curb line of the street or near the property line in alleys, whenever and wherever practicable, and be protected and maintained As a part of the operation of the department. (Ord. 674, 11/57) 14. 16. 080 Meters--Inside premises. Where a water meter is placed inside the premises of a consumer, for the conven- ience of the consumer,_ provisions shall be made for convenient meter reading and repairing by representatives of the department .. . Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the superintendent of the department and the withholding of service until installation is made at the curb line as herein provided. (Ord. 674, 11/57) 14.. 16. 090 Consumer' s responsibility. The city shall in no way whatsoever be responsible for any damage to person or property because ..of any leakage, breakage or seepage from, or accident or damage to any meter or pipe .situated within any private premises, and the city shall not be responsible for any leakage, breakage or seepage for any pipe situated between any meter properly. installed at the curb and the private premises served thereby nor shall the city be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by .the existence of any meter or pipe situated upon private property. (Ord. 674, 11/57) 14. 16. 100 Fire hydrants--Maintenance. Public fire hydrants shall be placed, maintained and repaired by the water department. Any damage thereto by persons or agency other than representa- tives of the fire and water departments, shall be a claim against the person or agency committing such damage, and the superintendent shall take such action as may be necessary to collect the same. (Ord. 674, 11/57) . 14. 16.110 Fire hydrants--Use. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the water and fire departments or such persons as maybe authorized to do so by the chief of the fire department , or the superintendent of the water department as herein provided. (Ord. 674 , 11/57) 14. 16. 120 Fire . hydrants--Permits for special use. All persons desiring to use water through fire hydrants, or other hydrants , owned or controlled by the city, shall be required 399 I 14.16.130--14.16. 160 . to obtain a permit , first , from the chief of the fire department, second, from the superintendent of the water department , who shall issue no such permit to any person who has violated any of the provisions of this title or whose indebtedness to the city of water used or damage to hydrants or equipment is delin- quent . All such persons having .permit for use of water from . the fire hydrants must. provide hydrant wrenches for the operation of such fire hydrants. (Ord. .674, 11/57) 14. 16. 130 Fire hydrant--Use permit cancellation. Permit for the use of water through the fire hydrants of the city may be cancelled at the will of the superintendent on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such. notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (.Ord. 674, 11/57) 14 . 16.140 Fire hydrants--Obstructing access . No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully. or carelessly injure the same, or open or operate any fire hydrant , or draw or attempt to draw water therefrom, except as provided in Section 14. 16. 120. (Ord. 674, 11/57 ) 14 . 16. 150 Pressure maintenance or shutoff. The water department shall not accept any responsibility for the main- tenance of pressure and it reserves the right to shut off the water from any premises, or from any part of the distributing system, as long as necessary without notice to consumers, at any time of emergency, but in all cases.. of extensions or connections, 'the department shall notify occupants of the premises of the necessity of shutting off water and the probable length of time the .water shall be so shut off before taking such action. (Ord. 674, 11./57) 14. 16.160 Drawing water into steam boilers. No station- ary steam boiler shall be connected directly with the water distribution system of the city, but in each and every case a suitable tank of storage capacity sufficient for a twelve (12) hour supply for said boiler shall be provided and the service pipe supplying the tank shall discharge directly into the top of the tank. (Ord. 674, 11/57) 400 15—L20210--15. 16. 020 .in any report or record required by this code to be filed or '�✓" • furnished .by permittee. (Ord. 1653, 11/71) 15.12. 210 Permit--Effect of suspension or revocation. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof or after the revocation thereof, or pending a judgement of the court upon any application for writ taken to review the decision or order of the city in suspending or revoking such permit; provided, however, that nothing therein contained shall be construed to prevent the performance :of such operation as may be necessary in connec-. tion with a diligent and bona fide effort to cure and remedy the default, or violation for which the suspension or revo- cation of the permit was ordered, or such operation as nec- essary for the safety of persons . .(Ord. 1653, 11/71) - Chapter 15 .16 BONDS AND INSURANCE Sections : 15.16 . 010. Bond--Required--Exception. 15.16.020 Bond--New wells . 15.16.030 Bond--Form. 15.16.040 Bond- 'Single 15. 16 .050 Bond--Substitution. 15.16 .060 Bond- 'Blanket. 15.16.070 Default . in performance of conditions. 15.16.080 Exoneration. 15 . 16.010 Bond--Required--Exception. Except as to oil bonds existing on the effective day of this oil code which satisfy the requirements of the previous Huntington Beach oil code, a bond in the form required by this chapter shall be filed for each well- drilled prior to said effective date of this chapter, which has- not been abandoned prior to said effective date in accordance with the standards and laws of the state and the requirements of the Huntington Beach Municipal Code . (Ord. 1653, 11/71; Ord. 1203 , 5/66; Ord. 418 . 10/38) 15 .16. 020 Bond--New wells . A bond or bond rider in the form required by this chapter shall accompany every applic ation for drilling. or redril1" g of any oil well, injection _---- _ well or disposal well . (Ord. 1653, 11/ 1; Ord . 1203 , 5/66) 439 15. 16. 030--15. 16. Uo0 15. 16 . 030 Bond--Form. Bonds or riders to existing bonds shall be on forms approved by .the city attorney and shall be filed with the department of oil field control . (Ord. 1653 , 11/71; Ord. 1203 , 5/66) 15. 16.040. Bond--Single. Corporate surety bonds in the penal sum of five thousand dollars shall be required. The bonds shall be executed by the operator as .principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall . faithfully comply with this title and any other ordinance of the city, or of the division of fire prevention of . the city, which ordinance, law, rule or regulation in any manner pertains or applies to any of the principal soil operations . Compliance by the prin- cipal named in the bond shall include compliance to any and all provisions , amendments and changes .in the Huntington Beach oil code regularly adopted. The bond shall secure the city against all - costs, charges and expenses incurred by it for reasons of the failure of the principal to comply with the provisions fully of this title. The bond shall include the correct name and number and legal description or precise location of the well and such other information as may be necessary to identify the oil well readily. Any operator may furnish negotiable securities or cash in lieu of a cor- porate surety bond. The obligations and liabilities under the bonds required hereunder (corporate, surety or cash) are continuing obligations and liabilities, and the liability of .,,,,►� the surety under . this bond may be terminated solely and only at the time or times , in the manner and by strict compliance with the provisons for termination of liability as set forth in any ordinance of the city. Regardless of expenditures which may incur from action on any bond, said bond shall always be maintained at its original face value, and it shall be the responsibility of the principal to insure and provide that the bond shall be fully maintained: . (Ord. 1653, 11/71 ; Ord. 12-03 , 5/66 ; Ord . 332 , 6/30) 15. 16.050 Bond--Substitution. A substitute bond may be filed in lieu of the bond on file hereunder and the depart- ment .of oil field control shall accept and file the same if it is qualified in a proper form and substance and. the bond for which it is substituting shall be exonerated. Substitu- tion shall be allowed. only if the department of oil field con- trol and the city attorney find that all of the conditions of the aforementioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. (Ord. 16531 11/71) 15.16 .060 Bond--Blanket. Any operator may, in lieu of filing a single bond on each well, as required by the' fore going, file a bond in the amount of Twenty-five Thousand 440 15. 16 .070--15. 16. 080 dollars if he has more than five wells . (Ord. 1653, 11/71; Ord. 1203, 5/66 ) 15. 16 . 070 Default in performance of conditions . When- ever the department of oil field control finds that a default has occurred in the performance of any requirement or condi- tion of these regulations , a written notice thereof' shall. be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the department of oil field control to be reasonably necessary for the comple- tion of such work After receipt. .of such notice, the surety shall, within the time therein specified, either cause or require the work to be performed, or failing thereupon, shall pay over to the department of oil field control the estimated cost of doing the work as set forth in the notice. Upon re- ceipt of such moneys , the department of oil field control shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, _but no liability shall .be incurred therein other than - for the expenditure . of said sum in hand. In the event that the well has not been p.roperly. abandoned under the regulations of .the division of oil and gas , such additional money may be demanded from the surety as is necessary to restore the drill site in conformity with the regulations of this title. (Ord. 1653, 11/71; Ord. 1203, 5/66 ). 15. 16 . 080 Exoneration. When the well or wells , covered by said bonds have been properly abandoned inconformity with all re.gulat.ions .of this title, and in conformity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the department of oil field control, or upon . receipt of . a satisfactory substitute bond, the bond issued in compliance with the regulations shall be terminated and cancelled and. the surety relieved of all obli- gations thereunder. . (Ord. 1653, 11/71; Ord. 1203, 5/66) _ Section 15 . 16 . 090 repealed by Ord.. 1987 , 16 Jul 75 . 441 15. 20. 010 Chapter 15. 20 DRILLING AND SAFETY REGULATIONS Sections: 15. 20. 010 Encroachment. 15. 20. 020 Derricks--Specifications. 15. 20. 030 Derricks--Bracing. 15. 20. 040 Derricks--Removal. 15. 204050 Inspection. 15. 20. 060 Lights. 15. 20. 070 Signs--Size. 15. 20. 080 Signs--More than one well. 15. 20. 090 Waste collection--Disposition. 15. 20. 100 Waste collection--Sump or skim pond-- Unlined. 15. 20.110 Waste collection--Sump or skim pond-- Filling. 15. 20.120 Surfacing roads and drill sites. 15. 20.130 Distance from dwellings and hours. 15. 20.140 Soundproofing required when. 15. 20. 150 Pulling a wall--Limitations. 15. 20.160 Noises and vibrations deemed .nuisance. 15. 20.170 Access to well head. 15. 20:180 Blow-out prevention. 15. 20.190 Cellars. 15. 20. 200 Setbacks. 15. 20.210 Compliance with setbacks. 15. 20.220' Safety-sight angle. 15. 20.230 Fences. 15. 20. 240 Oil field recovery heaters specifications. 15. 20. 250 Use of power motors. . 15.20. 260 Fire prevention--Standards. 15. 20.270 Fire prevention--Sources of ignition. 15. 20. 280. "No smoking" signs. 15. 20. 290 Oil storage tanks . 15. 20. 300 Removal of wooden construction. 15. 20. 310 Pulling masts and gin poles . 15. 20. 320 Service yards. 15. 20. 330 Pulling line stripper. 15. 20. 010 Encroachment. No operator or person while redrilling, servicing or maintaining any well drilled shall encroach with equipment over public property lines , sidewalks , parkways, alleys or streets unless a permit . therefor has been granted by the department of public works . (Ord. 1653, 11/71; Ord 1203, 5/66) I 442 DANCE HALL (Continued) EXEMPTIONS 5 . 28. 210 HOURS 5 . 28 . 020 LIGHTING Dimming prohibited 5 . 28.130 Maintaining during dance required 5 . 28,120 Minimum intensity. 5. 28.110 Required . 5 . 28. 1.00 MINOR Under sixteen years, prohibited exception 5 . 28. 050 unlawful when 5. 28. 060 Under twenty-one years prohibited exception 5. 28 . 030 presence unlawful 5 . 28 . 040 MISCONDUCT• See DISORDERLY PERSON PERMIT., REVOCATION See also VIOLATION Delivery of notice 5. 28 .17.0, 5 .28 . 180 Hearing 5. 28 . 150 Notice_ 5 . 28 . 160 Statement of cause 5. 28 .140 VIOLATION Penalty 5 . 28 . 190 Permit revocation 5. 28 . 200 DANGEROUS BUILDING See BUILDING BUILDING, MOVING DINNER, DANCING PLACE See DANCE HALL DISORDERLY CONDUCT COMPLAINT FILING 9 . 44 . 030 DRINKING IN PUBLIC. PROHIBITED 9.. 44 . 010 RIOTOUS HOUSE PROHIBITED . 9 .44 . 020 DOCUMENTARY TRANSFER TAX ADMINISTRATION 3 . 20. 060 EXCEPTIONS. 3 . 20. 040 EXCEPTION--PARTNERSHIP 3.. 20. 050 PAYMENT OF TAX 3 .20. 030 REFUNDS 3 . 20. 010 < TAX IMPOSED 3 .20. 020 TITLE 3 . 20.010 DOG, CAT AT LARGE PROHIBITED 7 .12 . 110, 7 . 2.0. 010 BEACHES, PIERS PROHIBITED 13 . 08 . 070 CAT Breeding permit required 7 . 12. 330 restrictions 7 . 12. 320 I-23 DOG, CAT (Continued) DOG (Continued) Kennel restrictions 7 . 12 . 340 Spaying, neutering required 7 .12 . 300 DEFINED 7 . 04 . 010 DOG Bite See also Rabies report to animal control officer required 7 . 12 . 240 Breeding, permit required 7 . 12 . 330 Defecation on public property 7 .12 . 350 Impoundment See also IMPOUNDMENT generally. 7 . 12'.120 Kennel breeding restrictions 7 ..12 .310 cat , .defined 7 . 04 . 010 dog, defined 7 . 04 . 010 License See also Vaccination. rabies vaccination certificate required 7 . 12 . 170 vaccination information 7 . 12. 180 Rabies See also Vaccination animal kept within contaminated area 7 . 12 . 220 captured animal examined 7 .12 . 190 quarantine, when 7 . 12. 210 suspected animal examined 7. 12..200 transporting animal out of contaminated area, prohibited 7 . 12.. 230 Vaccination certificate 7 . 12 .160 required 7.. 12. 140 revaccination when 7 . 12 .150 IMPOUNDMENT See also DOG Minimum holding period cat 7 . 12 . 280 dog 7 . 12. 270 Owner notification 7 .12 . 250 Recovery fee 7 . 12. 260 Unredeemed, sale, destruction 7 .12 . 290 LICENSE See also DOG Certificate expiration date 7 . 12 . 030 issuance 7 . 12 . 040 Display required when. 7 .12 . 080 Exemptions 7 . 12 . 070 Fee owner responsibility 7 .12 . 050 penalty, when 7 . 12. 060 Nontransferable 7 . 12. 020 Required 7 . 12 . 010 ' I I-24 EXPLOSIVES See FIRE FARM LABOR CAMPS 8 . 64 . 010 FINANCE DEPARTMENT See also PURCHASING DIRECTOR See FINANCE DIRECTOR ESTABLISHED 2 - 3b . 010 FINANCE DIRECTOR ADMINISTRATIVE DUTIES GENERALLY 5 . 10 . 010 BOND REQUIRED 2 . 36 .040 CIGARETTE TAX Assessment , penalties 3 .32. 080 Record inspection 3 . 32 . 120_ FUNCTION, DUTIES GENERALLY 2 .36. 020 LICENSE EXAMINATION 5 .10. 030 METER, PARKING .Coin collection 10.56 . 030 Proceeds disposition 10. 56..040 PURCHASING DIVISION, SUPERVISORIAL DUTIES 3 . 02. 010 QUALIFICATIONS, MINIMUM 2 . 36.. 030 TAX ADMINISTRATOR Assessment notices 3 . 36. 230 Inspector, utility tax records 3 . 36. 250 Payment failure notices 3 .36. 220 Penalty imposition 3.36 . 190 FIRE ACCESS, BUILDING 17 . 56. 170 ALARM SYSTEM REQUIRED WHERE 17 :56. 250 ' CHIEF Appointed 2 . 40 .020 Ex officio duties 2. 40 . 050 Material , occupancy, processes evaluation, permit issuance 17.. 56 330 Officers , employees appointment 2 . 40. 030 CODE Additions Section 1..218 17 . 56 . 080 Section 10.114 1-7 . 56. 120 Section 13 ,301(d) , (e) , (f) , (g) , (h) 17. 56 . 180 :Section 13 . 301. 1 17 . 56. 190 Section 13 •315 17 . 56 . 200 Section 31.101.1 17 . 56 .230 I-27 FIRE (Continued) CODE (Continued) Adopted 17 . 56 . 010 Amendments generally 17 . 56 .070 Section 1. 216 17 . 56. 090 Section 1. 403 17 . 56. 100 Section 10. 113 17 . 56 .240 Section 10. 408 17 . 56. 110 Section 11. 105 17 . 56.130 Section 12 . 102(a) 17 . 56. 140 Sectionsl2 .107 , 12 . 108, 12. 109 17 . 56. 150 Section 13 . 207 17 . 56. 160 Section 13 . 208 17 . 56. 170 Section 13 . 307(a) 17 . 56 . 250 Section 15 .104 17 . 56. 210 Section 15 .705(e) (4) 17 .56 . 270 Section 15 .710(c) (8) 17 . 56. 280 Section 15 .1101 17 . 56 . 290 Section 15. 1102 17 . 56 . 300 Section 31. 111(c) 17 . 56 . 310 Corporation council defined 17 . 56 . 030 Definitions 17 . 56 . 030, 17 . 56 .100 Municipality defined 17 . 56 .030 Violation, penalty 17 . 56. 340 COOKING, COMMERCIAL, SAFETY PRECAUTIONS 17 . 56 . 190 CYLINDER, GAS .FUEL, STORAGE 17 . 56. 310 DEPARTMENT Defined 15. 08 . 290 Employees promotion, conditions 2 . 40 . 040 Established 2 . 40. 010 EQUIPMENT, PROTECTION, TESTING 17 . 56 . 200 EXITS, OBSTRUCTING 17 . 56. 110 EXPLOSIVES Blasting agents, storage restricted 17 . 56. 060 Bond required 17 . 564130 EXTINGUISHING SYSTEM Buildings housing combustible material 17 . 08 .120 Generally 17 . 04 . 130 FIREWORKS See FIREWORKS FLAMMABLES Liquid, container 17 .56. 210 Material, storage, prohibited where 17 . 56 . 040 HYDRANT See WATER MALL USE 17 - 5 .120 MATERIAL, OCCUPANCY, PROCESS, PERMIT REQUIRED WHEN 17 . 56 . 330 PERMIT Denial, appeal. 17 . 56. 320 Requiring discretionary approval 17 . 04 . 140 I-28 PURCHASING (Continued) BID Invitation notice 3 . 02 .170 Minimum number 3 . 02. 160 Procedures generally 3. 02 . 050 opening 3 . 02. 100 Rejection 3 . 02.110 Security 3 . 02 . 090 Submittal 3 .02 ..180 Ties 3 . 02 . 130 BOND REQUIRED, WHEN 3 . 02 .140 CONTRACT Award 3 . 02 . 120 Procedure .3 . 02 .080 DIRECTOR See FINANCE DIRECTOR DIVISION CREATED 3 . 02.010 OFFICER Authority, reports 3 .02 . 030 Bid invitations 3 . 02 . 170 record keeping 3. 02.180 Duties 3 .02. 020 Surplus sales , exchange 3. 02 . 200 Testing, inspection 3 . 02. 190 OPEN MARKET 3 . 02 .150 ORDERS Required 3 .02. 060 When issued . 302. 070 SURPLUS 3. 02 . 200. TESTING, INSPECTION 3. 02 .190 -R- RABBIT See FOWL, RABBITS RECORDER, COUNTY DOCUMENTARY TRANSFER TAX ADMINISTRATION 3 . 20. 060 RECREATION AND PARKS ' COMMISSION COMPOSITION 2 . 64 . 020 DUTIES, RESPONSIBILITIES 2. 64 .100 ELECTION OF OFFICERS 2 . 64 :120 ESTABLISHED 2 . 64 . 010 MAYOR, EX-OFFICIO. MEMBER 2. 64 . 050 MEETINGS, WHEN 2 . 64 .110 MEMBERS Reappointment 2 . 64 . 090 Removal 2 .64 . 070 I-59 RECREATION AND PARKS COMMISSION (Continued) MEMBERS ' (Continued) Retirement 2 . 64 . 080 Terms four year 2 . 64. 030 one year 2 . 64 . 040 QUORUM, PROCEDURE 2 . 64 . 130 SECRETARY DESIGNATED 2 . 64 . 060 VACANCY FILLING 2. 64 . 080 RECREATION AND PARKS DEPARTMENT BUDGET 2 . 60 . 060 COMMISSION See RECREATION AND PARKS COMMISSION DIRECTOR Appointment 2 . 60. 070 Duties generally 2 . 60 . 090 secretarial 2 . 64 . 060 Responsibilities 2 . 60. 080 Subordinates, power to appoint 2 . 60 .100 ESTABLISHED 2 . 60 . 010 FEE IMPOSITION AUTHORITY 2. 60. 030 GIFTS, ACCEPTANCE AUTHORIZED 2 .60. 040 MONEYS, DEPOSITION 2 . 60. 050 OBJECTIONS 2 . 60. 020 REDEVELOPMENT AGENCY ESTABLISHED 2 . 80. 010 POWERS, DUTIES 2 . 80 . 020 REFUSE. See also POLLUTION, INDUSTRIAL WASTE RUBBISH WATER, OIL WASTE WEEDS ACCUMULATION PROHIBITED 8 . 20 .040 BASE LEVEL OF SERVICE DEFINED 8 . 20 . 010 CERTIFICATE OF NEED, NECESSITY Application contents 8 .20. 180 copies distributed to specified departments 8 . 20 . 190 filing 8. 20.170 I-6o REFUSE (Continued) CERTIFICATE . OF NEED, : NECESSITY (Continued) . Council decision 8 .20. 230 hearing 8. 20. 220 Granting 8. 20. 200 Not to replace other permits , licenses 8 . 20. 210 Required when 8 . 20 . 160 Revocation 8 . 20.240 CITY ACTION Fee collection 12 . 28. 130 delinquent becomes lien, foreclosure 12 .28. 160 nonpayment 12 . 28 .140 . Owner liable 12 .-28 .100 Statement contents 12. 28 .120 to owner 12 . 28 .150 CLEARANCE; TIME EXTENSION 12 . 28 .110 COLLECTION City contract to private collector . 8 . 20 .130 Defined . 8 . 20. 010 Excluded refuse 820.120 Manner prescribed 8 .20. 090 Other premises . 8. 20.110 Single family residence' 8 . 20 . 100 Vehicle approval required 8. 20 .140 COLLECTOR City, defined 8 . 20 . 010 Generally 8. 20 ..010 COMPLIANCE, FAILURE 12 . 28. 090 CONTAINER Improper substance specified 8. 20. 080 Interference prohibited 8 . 20 . 070 Location 8 .20. 060 DEFINED 8 . 20 . 010 DEFINITIONS 8 . 20. 0.10 DIRECTOR DEFINED 8 . 20 .010 DISPOSAL Certificate required when 8 . 20 .160 Methods specified 8 . 20. 150 GARBAGE DEFINED 8 . 20. 010 LEAVING IN PUBLIC PLACES .PROHIBITED 8. 20 . 020 L.IABILITY ..INSURANCE REQUIRED 8 .20. 250 OCCUPANT RESPONSIBILITY 8 .20..030 I-61 REFUSE (Continued) RESIDENCE; Nonsingle family, defined 8 . 20 .010 Single family, defined 8.. 20. 010 RUBBISH See also RUBBISH Defined8 20. 010 STORAGE PROVISIONS 8 . 20 . 050 VIOLATION Misdemeanor- 12 . 28 . 170 Penalty 8 . 20 . 260 WASTE See also WATER, OIL .WASTE Solid, defined d . 20. 010 RESERVE POLICE FORCE ESTABLISHED 2 . 52 .090 RESOURCES, ENVIRONMENTAL, DEPARTMENT 2 .34 .010 RESTAURANT See AMUSEMENT, ENTERTAINMENT PREMISES FOOD HANDLING ESTABLISHMENT RIFLE See WEAPONS ROOMING HOUSE BUSINESS LICENSE FEE. . 5.16. 200 DEFINED 5. 04 . 010 RUBBISH See also REFUSE STREETS AND SIDEWALKS ABATEMENT City action owner liability 8. 36 .060 time extension 8 .36 . 070 Cost as liens when 8 .36 . 100 payment not to bar further prosecution 8. 36:110 Council hearing 8 . 36 .050 Records filed 8 . 36 .090 kept 8. 36 . 080 I-62 . RUBBISH (Continued) ACCUMULATION Declared nuisance 8. 36 . 020 Prohibited 8. 36. 010 NOTICE. TO REMOVE Generally 8 . 36 .030 Issuance 12 . 28 . 050 Serving 8 . 36. 040 NUISANCE, PERMITTING. DEEMED MISDEMEANOR 8 . 36. 120 -S- SALES, USE TAX COLLECTION, ENJOINING, PROHIBITED 3 . 24 . 140 . OPERATIVE DATE 3 . 24 . 030 PURPOSE 3 . 24 . 040 RATE 3 . 20 . 020 SALES Consummation location 3 . 24 .080 Exemptions designated 3 . 24 . 060 operative date 3 . 24. 150 Impositions 3 . 24 . 070 Permit not required when 3 . 24. 2.20 State code amendments adopted 3 . 24 . 130 provisions application 3 . 24 .030, 3 . 24.. 040 TITLE 3 . 24 . 010 USE Exemptions designated 3. 24 .120 operative date 3 . 24 .150 Imposition 3 .24 . 090 State code provisions adopted generally 3 . 24 . 200 limitations ' 3 . 24 . 210 SANITATION DEPARTMENT Created 14 . 32. 010 Sewer main extension installation 1-4 . 44 . 030 size, location, cost . determination 14 . 44 . 020 I-63 SANITATION (Continued) SUPERINTENDENT Duties 14 - 32 . 030 Office created 14 . 32. 020 Sewer main extension installation 14 . 44 . 080 oversize required when 14 . 44 ..060 SEAL, CITY DESIGN, .INSCRIPTION 1. 08 . 010 SECONDHAND DEALER BUSINESS LICENSE REQUIRED 5 . 36. 060 BUY-FORM Defined 5 . 36. 140 Identification 5 . 36.160 Required exemption 5 . 36. 260 when 5 . 36. 150 DEFINED 5 . 36 . 050 GOODS Altering prohibited 5 . 36 . 220 Export prohibited when 5. 36 . 250 Holding generally 5. 36. 240 period 5 . 36 . 200 Release 5 .36. 230 HOURS 5 . 36 . o4o MINOR, DEALING WITH, PROHIBITED 5 . 36. 030 PROVISIONS FURNISHED 5. 36 . 290 RECORDS Exemption 5 . 36 . 2.70 Police file 5 . 36 .190 Retention 5 . 36. 180 SELLER, PLEDGER IDENTIFICATION 5 . 36 . 170 SEWER See also SANITATION STREETS AND SIDEWALKS CONNECTION, CITY SYSTEM Application 14, 36. o10 Damage , user' s responsibility 14 . 40. 030 Fee designated 14 . 40. 020 generally 14. 40. 010 Inspection 14 - 36. 030 1-64