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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 1 1 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