ORDINANCE NO. 2017-O1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING AZUSA MUNICIPAL CODE SECTIONS 30- 36 AND 30-37 AND ADOPTING BY REFERENCE THE 2017 EDITION OF THE LOS ANGELES COUNTY FIRE CODE.
WHEREAS, California Government Code Section 50022.9 authorizes the City of Azusa (“City”) to adopt by reference county ordinances and codes; and
WHEREAS, the Los Angeles County Board of Supervisors has adopted Ordinance No. 2017-0003 amending Title 32 of the Los Angeles County Code to adopt and incorporate by reference the 2016 Edition of the California Fire Code published by the California Building Standards Commission, with certain amendments as set forth in Ordinance No. 2017-0003, to be known as the 2017 Los Angeles County Fire Code; and
WHEREAS, at least one copy of the 2017 Los Angeles County Fire Code adopted by reference by this Ordinance shall be filed in the office of the City Clerk of the City of Azusa, and is certified as a full, true and complete copy thereof by the City Clerk, in accordance with the requirements of California Government Code Section 50022.6; and
WHEREAS, a duly noticed public hearing, as required by California Government Code section 50022.3 was conducted prior to the adoption of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 30-36 of Chapter 30, Article 2 of the Azusa Municipal Code is hereby amended, in its entirety, to read as follows:
Subject to the changes and amendments as may be set forth in this article, that certain code entitled “2017 Los Angeles County Fire Code” has been filed in the office of the city clerk, which is referred to and by this reference expressly incorporated in this article, is adopted and by reference made a part of this article as fully and for all intents and purposes as though set forth in this article at length. If there is any inconsistency between any provisions of such Fire Code and other provisions of this Municipal Code, such other provisions of this Municipal Code shall prevail.
SECTION 2. In accordance with California Government Code Section 50022.4 the City of Azusa specifically adopts the following penalty provisions provided in the “2017 Los Angeles County Fire Code”:
327 Administrative Fines.
327.1 Administrative fine – imposition. Improved parcels found to be in violation of Sections 325.2.1, 325.2.2, 325.10, 503.2.1, 3104.21, or 6107.3 of this code relating to clearance of brush and combustible growth, roadway clearance, and vertical clearance on fire access roads, shall be subject to an administrative fine, noncompliance fee, and or possible liens as allowed by the provisions of Title 1, Chapter 1.25 of the County Code.
327.2 Administrative fine – enforcement. An administrative penalty will be imposed and enforced upon failure of the responsible party to comply with written abatement instructions and timeframes contained on the Official Inspection Report Form (County of Los Angeles Fire Department FORM 4108) issued by the fire department.
327.3 Declared parcel. A declared parcel is a parcel which contains noxious weeds and other flammable vegetation that are a fire hazard and which constitutes a public nuisance which must be abated as declared in an annual resolution of the board of supervisors. An owner of a declared parcel will be mailed a declaration card specifying the abatement actions required of the owner. The declaration card constitutes the first official notice to the owner.
327.3.1 Declared parcel inspection – notice of violations. A physical inspection of the declared parcel is conducted by the fire department to determine compliance with the declaration card. After the physical inspection, if the fire department determines that the owner has not complied with the declaration card, then such noncompliance constitutes the first violation of the fire code. The owner will be given notice of such first violation of the fire code. This notice constitutes the second official notice to the owner. The second official notice shall also inform the owner that an administrative penalty may be imposed on the declared parcel if not properly cleared. An owner’s failure to comply with the second official notice constitutes the second violation of the fire code.
327.4 Undeclared parcel. An undeclared parcel is a parcel not contained in the annual resolution of the board of supervisors described in Section 327.3.
327.4.1 Undeclared parcel inspection – notice of violations. After a physical inspection, if the fire department determines that an undeclared parcel is not in compliance with the fire code, the owner will be given
notice of such violation of the fire code. This notice of violation constitutes the first official notice. An owner’s failure to comply with the first official notice constitutes the first violation of the fire code. After a first violation, a physical inspection of an undeclared parcel will be conducted by the fire department to determine compliance with the fire code. After the physical inspection, if the fire department determines that an undeclared parcel is not in compliance with the fire code, the owner will be given notice of the second violation of the fire code. This notice constitutes the second official notice to the owner. This second official notice shall also inform the owner that an administrative penalty may be imposed on an undeclared parcel if not cleared. An owner’s failure to comply with the second notice constitutes the second violation of the fire code.
327.5 Administrative fine – amount. The administrative fine for a first violation as described in Section 327.3.1 or 327.4.1 is $0. The administrative fine for a second violation as described in Section 327.3.1 or 327.4.1 is $500.
327.6 Administrative fine – collection. The administrative fine will be collected by the fire department through direct invoice. The fire department shall notify the owner of the imposition and amount of the administrative penalty.
327.7 Administrative fine – administrative review and appeal. The imposition of the administrative fine may be appealed in writing utilizing the Request for Administrative Hearing form provided with the administrative fine invoice. The Request for Administrative Hearing form must be filed with the brush clearance section manager of the fire department within 10 calendar days following the service of the notice of administrative fine.
Upon conclusion of the administrative hearing, the hearing officer shall issue a written decision within 10 calendar days. The hearing officer’s written decision shall constitute the final administrative decision of the County.
Any person contesting the final administrative order or decision of the fire department may seek further review pursuant to section 53069.4 of the California Government Code.
Any administrative penalty imposed shall be cancelled or refunded as provided in sections 14920 – 14921 of the State Health and Safety Code, or any successor statute of similar import.
327.8 Creation of lien for unpaid administrative fines. Pursuant to Title 1, Chapter 1.25 of the County code, the amount of the unpaid administrative fines shall become a lien on the real property that is in violation of this chapter.
SECTION 3. Section 30-37 of Chapter 30, Article 2 of the Azusa Municipal Code is herby amended in its entirety to read as follows:
30-37. Reference to California Building Code.
Any reference in the Los Angeles County Fire Code to the Los Angeles County Building Code shall mean the “2016 California Building Code.”
SECTION 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. This Ordinance would set forth new construction code requirements, which are required to be implemented by state law, and any specific development projects that would be subject to the requirements of these new regulations, would require separate environmental review. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk’s office within five (5) working days of project approval.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 6. Certification/Summary. The City Clerk shall certify the passage of this Ordinance and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose. Alternatively, the City Clerk may cause a summary of this Ordinance to be prepared and published as provided by California Government Code Section 36933(c)(1). The summary shall be published in a local weekly newspaper of general circulation and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published in a local weekly newspaper of general circulation with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage.
PASSED, APPROVED and ADOPTED the 17th day of April, 2017.
/s/Joseph Romero Rocha