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HomeMy Public PortalAboutOrd. 1169 ORDINANCE N0. 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 8, ARTICLE II, DIVISION 3 OF THE LYNWOOD MUNICIPAL CODE, BY REVISING THE PROCEDURES FOR PROCESSING RELOCATION-PERMITS. The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: Section 1. Section 8-47 of the Lynwood Municipal Code ("Code") is amended to read as follows: Section 8-47. Action on application. follows: (a) Upon the filing of an application for a permit required by this division, plus the payment of fees and submittal of appropriate information, the building official shall cause the application to be acted upon. The applicant may amend the application to meet the requirements of the Building Department. (b) The building official shall notify all owners of property within 300 feet of the proposed relocation of the filing of an application therefor and that they may object there- to by filing written objections with the Building Depart- ment during the 10 days following the date of said notifi- cation. Upon completion of investigation and processing, or upon expiration of the time allowed for filing objec- tions, the building official shall forthwith consider all the fact"s and shall either deny or approve the appli- cation. The building official shall prepare a written report setting forth a summary of the pertinent facts in- volved and his/her decision. Section 2. Section 8-48 of the Code is amended to read as Section 8-48. Criteria for granting a permit required by this division shall only be issued to relocate any building or structure which: 1. Will be consistent with the intended property as indicated in the Lynwood 2. Will meet the requirements of the Ly the most recently adapted edition of ing Code for the construction of new applicable land use; use of the subject General. Plan; nwood City Code and the Uniform Build- buildings for the 3. Will have a monetary value olual to or greater than the monetary value of all other buildings of the same type within three (300) feet in every direction from the subject property; and 4. Will be in harmony with size, quality, design and appear- ance of all other buildings of the same type within three hundred (300) feet in every direction from the subject property. Section 3. Section 8-51 of the Code is amended to read as follows: Section 8-51. Imposition of conditions on permit; time for commencement and completion of work. The building official or, in the case of an appeal of the decision of the building official, the Planning Commission may attach such appropriate conditions as are not in vio- lation of law, in granting the permit. Such conditions shall be made and resolved pursuant to the guidelines set up in Section 8-48. However, there shall be included in every relocation permit a clause that work of relocation must be commenced within 45 days from the date the housemover's permit required by this article is granted and the building or structure shall be completely relocated and all work re- quired by the building official pursuant to all City codes, the provisions of this Code and other City ordinances and all conditions imposed by the Planning Commission, if any, shall be complied with within 120 days from the date the housemover's permit is granted pursuant to this article. The period here- in specified within which the work shall be commenced shall not be subJect to extension. The applicant may file an appli- cation for an extension of the 120-day period for comple- tion with the building official not less than 15 days prior to the 120th day from the date the housemover's permit re- quired by this article was granted, for an extension thereof; however, the only grounds upon which the building official shall grant an extension are strikes, inclement weather, earthquakes, fires or critical shortages of material or labor. The period of any extension granted shall be within the discre- tion of the building offical, but shall in no case exceed 90 days and no extension shall be granted without the approval in writing of the surety on the bond required by this division. Section 4. Section 8-52 of the Code is amended to read as follows: Section 8-52. Appeals from determinations of the building official. (a) An appeal to the granting of a relocation permit may be filed by the owner, lessee or other person having the right to possession of any property within 300 feet of the proposed relocation during the five-day period immediately following the decision of the building offi- cial. In the event that the building official shall deny the application for a relocation permit, the appli- cant may file an appeal within the five-day period immedi- ately following said decision. The letter of appeal shall contain the name(s) and address(es) of the appel- lant(s) and indicate the reasons for the appeal. The building official shall forthwith send the appeal with a copy of the application and his/her written decision, including the reasons therefor, to the Secretary of the Planning Commission. (b) The Secretary of the Planning Commission shall forth- with set the matter for a hearing before the Planning Commission at a regular meeting to be held not less than ten (10) days after the date of filing the notices of the time and place of the hearing. Notices shall be ailed to the applicant and property owners pursuant to ~8-48(b) hereto. (c) At the time and place of hearing, the Planning Commission shall consider the application, the report of the build- ing official and the objections thereto and shall hear such evidence as may be offered. The Planning Commission shall thereupon grant or deny the application subject, however, to Sections 8-48 and 8-51, or impose conditions upon the granting of the application as it may deem proper. Section 5. Severability. If any section, subsection, sub- division, sentence, clause, phrase or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sen- tences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. Section 6. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 1st day of June , 1982, and finally ordered published at a regular meeting of said Council held on the 15th day of June 1982. AYES Councilmen Byork, Green, Morris, Rowe, Thompson NOES: None A[3SENT: None LOUIS THOMPSON, MA R City of Lynwood ATTEST: ~i~.C-ate ol.~~ Andrea Hooper, City Clerk City of Lynwood APPR D AS FORM: APPRO D AS TO CONTENT: ~~ STATE OF C_~LIFORNIA ) ss. COUNTY OF LOS A2IGELES ) i, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the abobe is a true and correct copy of Ordinance No. 1169 adopted by the City Council of the' City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated. this 16th day of June ,1982. (,SEAL) City Clerk, City of Lynwood