Loading...
HomeMy Public PortalAboutOrd. 1616ORDINANCE NO. 1616 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 3 PUBLIC SAFETY OF THE MUNICIPAL CODE TO INCLUDE REGULATIONS AND PENALTIES APPLICABLE TO PROPERTY OWNERS WITH DOCUMENTED HISTORY OF REPEAT VIOLATIONS OF GARAGE CONVERSIONS WHEREAS, the City Council of the City of Lynwood declares it is in the public interest to discourage property owners from the conversion of garages into secondary habitable units on a continual basis; and WHEREAS, unpermitted garage conversions do, individually and collectively, present a clear and present danger to public health, safety and welfare through the existence of unpermitted electrical wiring and plumbing and substandard building conditions; and WHEREAS, unpermitted garage conversions further contribute to problems of inadequate street parking, excessive trash, and excessive uses of utilities; and WHEREAS, the City, without undermining it's purpose of protecting the right of property owners to use and enjoy their property, wishes to amend Chapter 3 of the Lynwood Municipal Code to provide additional procedural penalties and requirements for property owners who have been found to allow the unpermitted conversion of their garage twice within a period of 18 months; and WHEREAS, the adoption of this Ordinance is necessary to protect the public safety and general welfare of the residents of the City of Lynwood. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOW: Section 1. The Lynwood Municipal Code is hereby amended by adding a new. Section 3.32 to Chapter-3, -which shall read in .its entirety as follows: Section 3 -32 PENALTIES FOR UNAUTHORIZED CHANGES IN USE OR OCCUPANCY OF GARAGES WITHIN 18 MONTHS OF APPROVAL AND SUBSEQUENT APPROVALS 3 -32.1 Definitions 3 -32.2 Administrative Procedures 3 -32.3 Investigative Fees 3.32.4 Additional Special Processing Fees 3.32.5 Penalties 3.32.6 Right to Appeal 3.32.7 Exceptions 3 -32.1 Definitions. For the purposes of this Section, the following words and phrases shall be construed to have the meanings herein set forth. "Conversion" and /or "Converted" shall mean the unauthorized altered use of an existing structure from its originally intended use specifically herein to mean any existing garage altered for the purpose of human occupancy and /or habitation to include living, sleeping, cooking, or bathing. "De- conversion" shall mean the process required to restore any garage back to its original intended use for vehicle storage. "Garage" shall mean the structure constructed for the sole use of vehicle storage and related uses. "Occupancy" shall mean the approved use of a specified structure that has been designated as approved for habitable use for living, sleeping, cooking and bathing. "Owner" applied to real estate shall mean and include any individual or part owner or owners, joint owner, joint interest or other fee interest in the whole or part of such real estate. "Property" shall mean the real property or parcel of land or real estate as specified. 3 -32.2 Administrative Procedures The Director of Development Services of the City of Lynwood or his or her designated representative may promulgate such administrative procedures as may be reasonably necessary to implement and enforce the provisions of this Section. 3 -32.3 Investigative Fees An investigative fee, assessed as a Code Enforcement Fee, to determine whether a garage conversion exists at a property, must be collected whether or not a permit is then or subsequently issued. This investigative fee must be equal to the amount of the permit fee as set forth in the Fee Schedule as adopted by the City. The payment of such investigative fee does not exempt any person from compliance with all other provisions of either this or any technical code or from any penalty prescribed by law. 3 -32.4 Additional Special Processing Fees Whenever any work for which a permit is required by this code has been commenced without first obtaining a permit, a special processing review must be made before a permit may be issued for such work for required de- conversion. A special processing fee set forth in addition to the permit fee and Investigative Fee must be collected whether or not a permit is subsequently issued. The Special Processing Fee must be established by the Fee Schedule as adopted by the City. The payment of such Special Processing Fee does not exempt any person from compliance with all other provisions of either this or any technical codes or from any penalty prescribed by law. 3 -32.5 Penalties (a) Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this code, have not been obtained, the City may initiate a criminal complaint against the owner and /or other responsible person and upon a determination or plea of guilt, the City will seek to have the offender placed on summary probation for a period of three (3) years with routine inspections included as part of the probation. (b) In addition to any other remedy by this code, the violation of any provision of this Section may be enforced by an administrative citation issued in the same manner as stated in Chapter 20 of this code. Issuance of an administrative citation under this Section shall not exceed one - thousand dollars ($1000.00) per violation for each day a violation pertaining to a garage conversion exists on the property. (c) The owner will certify by his or her signature on the disclosure that he or she has read and indeed does understand these provisions. 3 -32.6 Right to Appeal (a) Any person assessed the penalty per subsection 3 -32.5 in accordance with this Section may file.a written appeal with the Development Services Director of the City of Lynwood who'shall cause the matter to beset for a hearing before the Planning Commissiori.r The, appeal, to be effective >'s'must \,beJifed` with "and received by the Development Services Director within 10 calendar days of the date of the assessed penalty. \,- ' (b) At least ten (10) days written notice of the date, time, and place of said hearing shall be served personally or served by first class mail, addressed to the appellant's last known address. Service by mail shall be deemed to be completed a time of deposit in the United States mail. Proof of service of the notice may be made declaration signed under penalty of perjury by any employee of the City which shows service in conformity with this section. 3 -32.7 Exceptions Nothing in this Chapter shall be deemed to affect or impair the City's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this Chapter, or pursuant to the California Health and Safety Code section 17920.3. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining potions of this Ordinance. The City Council of the City of Lynwood hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 3. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 7th day of July, 2009 and adopted and ordered published at a regular meeting of said Council on the 21St day of July, 2009. ATTEST: Wria • I APPROVED AS TO FORM: Fred G lante, City Attorney Maria T. Santillan, Mayor _ /y i J_/ APPROVED AS TO CONTENT: J than Colin, Director evelopment Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 21St day of July, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No.1616 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 21St day of July, 2009. Maria Quinonez, City Clerk