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