HomeMy Public PortalAboutOrdinance 75-398ORDINANCE NO. 75 -398
AN ORDINANCE OF THE CITY OF TEMPLE CITY
ADDING NEW SECTIONS 9296.1, 9296.2, AND
9296.3 TO THE TEMPLE CITY MUNICIPAL CODE
RELATING' TO DRIVEWAYS AND CURB CUTS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. That new Sections 9296.1, 9296,2, and 9296.3
reading as follows, shall be added to the City of Temple City
Municipal Code:
Section 9296.1. Abandoned Drivewa s and Curb Cuts.
Whenever the use of any curb cut, curb removal, driveway
or driveway approach from a public street or across any public
parkway, as set forth in Section 9296 of this Code, shall have
been discontinued for a period of 180 consecutive days or more,
then there shall arise a rebuttable presumption that there has
been an intent by the owner or user to abandon such use. The
issue of abandonment shall be heard and determined as part of
the public hearings required by Section 9296.2 hereof relating
to a determination of the existence of a public nuisance.
Section 9296,2,° Re air of Abandoned Drivewa s and Curb
Cuts,
Whenever any curb cut, curb removal, driveway, or driveway
approach from any public street or across any public parkway
shall be declared abandoned as set forth in Section 9296.1,
then the City may declare the same to be a public nuisance pur-
suant-to the procedures set forth in Section 9480 et seq. hereof
and may order the same removed and or improved and repaired in
accordance with the regulations providing for the improvement and
repair of streets and other public places in this City, and the
cost of such repairs may be made a lien against the land in the
manner provided in Section 38771, et seq., of the California' Gov-
ernment Code.
Section 9296.3. Nonconformin: Curb Cuts and Drivewa s
Public Nuisance
Notwithstanding any other provision of this Code to the
contrary, all curb cuts, curb removals, driveways, and drive-
way approaches within the City of Temple City shall comply with
the provisions of paragraph (13) of Section 9296 hereof within
90 days from the effective date of this Ordinance. Thereafter,
any curb cuts, curb removals, driveways, or driveway approaches
not conforming thereto may, upon the recommendations of the
Superintendent of Streets, be declared to be a public nuisance
pursuant to the procedure set forth in Section 9480 et seq.
hereof, The City Council may order the curbing replaced at
such locations in accordance with the provisions and regulations
providing for the improvement and repair of streets and other
public places in this City, and the cost of such replacements
may be made a lien against the land in the manner provided by
Section 38771 et seq., of the California Government Code.
SECTION 2. The City Clerk shall
of this Ordinance and to its approval
cause the same to be published in the
paper of general circulation, printed
in the City of Temple City,
APPROVED and ADOPTED this 15th
ATTEST
Ch °e Deputy City Clerk
certify to the adoption
by the Mayor and shall
Temple City Times, a news-
, published and circulated
975,
OR
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Ordinance No, 75 -398
i HEREBY CERTIFY that the foregoing Ordinance, being
Ordinance No 75 -398, was introduced at a regular meeting of
the City Council of the City of Temple City, held on the 1st
day of April , 1975, and was duly passed, approved and adopted
by said Council at a regular meeting of the said City Council
held on the 15th day of April 1975 by the following vote:
AYES: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson
NOES: Councilmen- None
ABSENT: Councilmen- None
Gt/t., (6/. at-c.c__,
Ch Deputy City Clerk