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CC - Item 5C - Second Reading of Ordinance No. 982 Regulating Vacant Lots & MCA 18-03TO: 'THE I IONORABLE MAYOR AND CITY C.OUNCII. FROM: GLORIA MOLLEDA, CITY MANAGER DATE: SEPTEMBER 25, 2018 SUBJECT: ORDINANCE NO. 982 — SECOND READING AND ADOPTION: ON REGULATING VACANT LOTS AND MUNICIPAL CODE AMENDMENT 18-03 SUMMARY On September 11, 2018 the City Council Conducted a public hearing and introduced Ordinance No. 982 by title, amending chapter 17.68 of the Rosemead Municipal Code relating to the regulation of vacant lots. STAFF RECOMMENDATION It is recommended that the City Council approve the second reading and adoption of Ordinance No. 982 by title only. entitled: AN ORDINANCE OFTHECITY COUNCII., OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOIJS SECTIONS, OF CHAPTER 17.68 (FENCES, WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING CHAPTER 8.48, (V"AC"ANT LOTS) 01"FITLE 8 (HEALTH AND SAFETY) OF THE ROSEMEAD MUNICIPAL CODE REGI-ILATING VACANT L01"S FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: . . .... ....................................................... ................ ............... ... . . . Ericka Hernandez., City Clerk Attachment A: Ordinance No. 982 AGENDA ITEM NO. 5.0 Attachment A AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 17.68 (FENCES, WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING CHAPTER 8.48 (VACANT LOTS) OF TITLE 8 (HEALTH AND SAFETY) OF THE ROSEMEAD MUNICIPAL CODE RE GULATING VACANT LOTS, WHEREAS, the City is authorized by Article X1, Section 5 and Section 7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety and general prosperity; and WHEREAS, Section 38771 of the California Government Code 38,771 authorizes the City through it,, legislative body to declare actions and activities that constitute a public nuisance; and WHEREAS, Section 17,152.060 of the Rosemead Municipal Code provides the criteria for a Zoning Code Amendment.; and WHEREAS, Sections 6,5854 and 65855 of the California Government Code and Section 17.152.040 of the Rosemead Municipal Code authorizes, the Planning Commission to review and make recommendations to the City Council regarding amendments to the City's Zoning Code; and WHEREAS, Section 17.152.050 of the Rosemead Municipal. Code authorizes the City Council to approve amendments to the City's Zoning Code; and WHEREAS, adoption of the Vacant Lot Ordinance amends Title 17 of the Rosemead Municipal Code and adds "Chapter 8.48 — Vacant Lots", which sets requirements and provisions for vacant lots; and WHEREAS, on August 20, 2018, the Planning Commission held a duly noticed J)Ublic hearing and recommended approval of Municipal Code Amendment 18-03 to the City Council; and WHEREAS, on August 30, 2018, a notice was published in the Rosemead Reader and notices were posted in six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 18-03; and WHEREAS, on September 11, 2018, the City Council field a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Aluendinent 18- 03; and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination; THE CITY COUNCIL OF THE CITY OF it. OSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1, The City Council finds and declares as follows: A. Compliance with California Environmental Quality Act.. This Ordinance is exempt from additional environniental review under the: California Environmental Quallty, Act (California Public Resources Code §§ 21000, et seq., "CEQA"") and CE'QA:re gulations (14 California Code of Regulations §§ 15000. Et seq.) because it establishes rules and procedures to pen -nit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification ot'procedures, related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. (14 California Code of Regulations §§ 15060(c)(2), 15061(b)(3)) Furthern,iore, this Ordinance is categorically, exeryipt fi,om further. CEQA review under 14 Cal. Code Regs. §§ 15301, 1,5305, and 15308. SECTION 2. Findings. The City Council UIERE13Y l'INDS AND DETERMINES that facts do CXISt toa justify aapproving WuiCipaal Code Amendment 18-03, in accordance with Section 17.152.060 of the Rosemead MUlliCipal Code as follows: A. The proposed arriendinent is consistent with the General Plan and any applicable specific plan, FINDING:The proposed amendi-nent is consistent with the goals, policies, and objectives of the General Plan. It is a goal of the [..and Use Element of the General Plan to enhance and maintain the quality and character of Rosemead's residential neighborhoods and to revitalize b I underperforming commercial corridors, To ensure that the residential character is maintained. In General Plan Policy 1.3 necessitates the City to actively proniote the maintenance of properties and building through code enforcement. To ensure that the cornmercial and industrial districts in the City are maintained, General Plan Policy 2.6 necessitates the City to rigorously enforce property niaintenance standards f(',)r commercial and industrial properties. The proposed code amendment will provide the City with additional tools to maintain vacant or abandoned properties in all residential, commercial, and industrial zones. This ordinance will protect neighborhoods from negative impacts associated with vacant buildings and lots. Accordingly, the proposed amendment would improve community aesthetics as itwould require the responsible party or designee to submit a Vacant Lot Landscape and Irrigation Plan for review,, iinplernent the approved plan, and provide regular maintenance of the landscaping. In addition, the improved aesthetics would be less intimidating for passing pedestrians, while increased landscaping, would provide additional passive cooling benefits. B. Thep amendment mendmen t will anent be detrimental to the public interest, health, safety, convenience, or welfcare of the City; and FINDING':'The proposed amendment will not be (Jetrin-ictual to the public interest, health, safety, convenience, or welfare of the City, as vacant lots were previously regulated in the Zoning 2 Code under Chapter 17.68 (Fences, Walls, and Landscaping Screening). The proposed aniendnient is in the public's best interest as it establishes inininluni standards of accountability oil the responsible parties or other responsible parties of vacant lots in order to Protect the health, safety, convenience, and welfare of the cu:►niniunity, The City has found that vacant lots cause harin to the health, welfare, and safety of the connnunity, including an increase in honieless encampments, criminal activity, litter,graffiti, and depreciating the property value of adjacent and neighboring properties. The proposed aniendinellt, Would protect the health, safety, and welfare ofthe City by requiring regular maintenance of the property and prornote accountability by requiring vacant lot registration. C. 'File proposed airiendinent is internally consistent with other applicable provisions of' [the] Zoning Code. FINDING: The Ciity's ability to exercise its, powers in accordance with Article X1, § 7 of the California Constitution to regulate land use is well-established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, nand other, sirnilar, matters related to public health, safety, and welGare. The proposed aniendilient is internally, consistent with other applicable provisions of" the Zoning Code. All applicable references to vacant lots have been revised to be consistent with the new standards pertaining to vacant lots. 1� SECTION 3. Code Amendment. Chapter 17.68 ofTnle 17 is HEREBY AMENDED as follows: Chapter 17.68 FE NCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.01.0 Purpose and applicability. 17. 8.020 Permit requirements. 17.68.030 11eight limitations — residential development. 17.6 .040 Ileight limitations — commercial, industrial, residential/conimerciall mixed-use or connnercial/industriall mixed-use development. 17.6 .050 Retaining walls. 17.68.060 Fencing for residential or nonresidential sports facilities. 17.68.071) Determining height. 17.68.080 Prohibited fencing materials. 17.68.090 Fencing of hazardous areas. 17.68.100 Fences, on lots that are under construction, or being demolished. 17.68.110 Re(juirement for construction of a six-foot high, masonry wall. 17.68,010 Purpose and applicability. The following standards are intended tO ensure that afl fences, walls, and hedges provide the desired privacy, safety, and quality design. The standards are also intended to ensure that fences, walls, and landscape screening do not create a public safety hazard or nUisance. Fences, walls, hedges, shrubs or similar materials used for screening shall be consistent with the following requirements. 17.68.020 Permit requirements. A. Residential zones. A fence pert -nit shall be required to install new or replacement fencing or masonry walls in any residential zone. No permit shall be required for the planting of landscape screening. B. Nonresidential zones. An administrative site plan review shall be required to install new or replacement fencing or masonry walls on nonresidential property. No permit shall be required for the planting of landscape screening. 17.68.030 Height limitations - residential development. A. Fences and Walls. 1. In the R-1, R-2, and R-3 zones no fence or wall located in a rear or side yard ,,hall exceed a height of six (6) feet. 2. In the R-1, R-2, and R-3 zones no fence or wall located in the required front yard shall exceed a height of four (4) feet. 3. On a reversed corner lot, no fence or wall or located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. 4. Walls and fences shall be kept in good condition and properly maintained. B. Landscape Screening. 1. Landscape screening in residential rear or side yards shall not be subject to, a height limit, except for landscape screening on reversed corner lots. On a reversed corner lot, no hedge or other landscape screening material located within five (5) feet of the street side or within ten (10) feet of the rear line between the: street and the established setback line on the key lot to the rear, shall. exceed a height of four (4) feet. 2. Landscape screening located within the required front yard shall not exceed a height of four (4) feet. 3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.040 Height limitation - commercial, industrial, residential/commercial mixed-use or commercial/industrial mixed-use development. A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be 4 not less than three (3) feet but not more than four (4) feet in height where it is actjacent to a required residential front yard setback. 13, Within the (,- L C-3, C-4, CBD�, and CI -MU zones,,, walls located within ten (1 t)) feet of any public right-of-way shall not exceed a height of three (3) feet. C. Within the .M- I zone,,, a solid wall not less than six (6) feet in height and no more than eight (8) feet in height shall be erected along the property fine separating the 111-1 zone from any residential zone or use, school, park or commercial zone. However, the wall shall riot be more than four (4) feet in height where it adjoins a front yard setback of any residential or commercial property. D. Any outdoorarea used for storage shall be completely enclosed by a solid,, decorative masonry wall and a solid gate not less than six (6) feet in height. The Cc rnmunity Developnient Director niay approve the substitution of a fictice or decorative wall where such fence or wall provides adequate visual clearance,, is structurally adequate, and is equivalent in decorative al.)pearance. In no event shall the height of such storage exceed the height of the wall or 1ence enclosing the storage area. E. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatiment of the wall is required. 1. Where new walls are erected in locations visible from a public right-of-way, the use of full dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied. 2In locations where walls might invite vandalism car graffiti, landscaping should be provided along the walls. F Walls and fences shall be kept in good condition and properly maintained. Cl. Landscape screening shall not encroach onto a Curb or sidewalk or aver lot line. 17.68. 050 Retaining walls. A. Where there is a necessary retaining wall for a lot. that is above a sidewalk or at, the top of a curb grade, addit1cmal wall height up to three (3) feet may be allowed, subject to a Site Plan and Design Review approval. The triaximurn height for a combination retaining wall and fence shall be seven (7) feet. B. The non -retaining portion of the fence or wall corribination cannot exceed four (4) I-eet. C. The retaining portion of the fence or wall combination cannot exceed four (4) feet. D. Extensions above f(.)Lir (4) feet, as ineaSiUred from the sidewalk, or top of the curb, shall be constructed of wrought iron or other non -obscuring inaterials determined to be acceptable, subject to the Site Plan and Design Review application. 17.68.060 Fencing for residential or nonresidential sports facilities. To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet in height shall be permitted, provided that any portion of the fence or structure which is higher than six (6) feet shall be composed of wire mesh or other material whose vertical service is not n -tore than ten (10) percent solid, unless safety necessitates otherwise, Such additional wire mesh or similar material shall be subJect to site plan approval, 17.68.070 Determining height. A. General. 'The height offences, walls, and hedges shall be rneaSUred as the vertical distance from the ground elevation or, finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of fence or wall may vary intermittently up to six (6) inches. B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two (2) adjoining parcels of less than two (2) feet, the height ofany fence or wall constructed along the common property line shall be determined by using the finished grade ofthe highest aqjioining parcel. When there is a difference in ground level between two (2) adjoining Parcels of two (2) feet or more, the height of the fence shall be determined by the Community Development Director. The Community Development Director shall consider the physical and visual height impact on abutting parcels. 17.68.080 Prohibited fencing materials. A. Residential zones. The following fencing materials shall be prohibited in all residential zones: barbed or razor wire, electrified wire, chicken wire and similar small -gauge wire or mess product, chain-link fencing, or other materials hazardous to wildlife. 1. Exceptions., Chain-link fencing shall be a permitted fencing material for: a. The screening of side yard areas that are not visible froni the public right-of-way and rear yard areas; and b, j 'he temporary screening of lots under construction or being demolished in accordance with Section 17.68.1()(). 2. All chain-link fences in existence at the time of the adoption of this Part shall be deerned legal non -conforming as set forth in Chapter 17.72 and the properties 01.1 which they have been placed shall be permitted to undertake maintenance, repair, and replacement, consistent with the requirements of that Chapter. B. Cominerci at, industrial, residential/comrnercial in i x ed- use zones, commercial/industrial mixed use. The following fencing materials are prohibited in all commercial, industrial, residential/commercial, and commercial/industrial zones: barbed or razor wire, electrit'ied 6 wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain-link fencing, or other niaterials, hazardous to wildlife. I. Exceptions, Chain-link fencing shall be a pernutted fencing material for- a 'I'lie screening of side, yard areas that are not visible front the pUbhC right-of-way and rear yard areas-, la. The ternporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and c. To enclose an area where as solid wall or fence would create a physical hazard (i.e. the c(�)ntainrnent of mechanical equipment under an electrical transmission right-of- way). The use of chain -fink fencing in this circurnstance is subject to the: review and approval cal" the. Community Development Director. 17.68.,090 Fencing of hazardous areas. A fence or wall si,x (6) feet or greater in height may be required along the perinieter of all areas which, by reasons of conditions ofthe property or physical hazards, such as frequent flooding, erosion, excavation, or grade separation, are considered by the CorrinlUnity Developaient Director to be dangerous to the public health and safety, 17.68.100 Fences on lots that are tinder construction, or being demolished. For the purposes of this subsection, "under constructioil" and ""demolish"" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City, A. All property that is under construction, or being deniolished shall be totally enclosed around the perimeter by as fence that is a ininirriurn of six (6) feet in height as measured from adjacent property, SLIIajCCJ to the appro%,ral of the Coniniunity Developi-rient Director or other designated officials. B. The required fence shall be adequately constructed from chain link, lumber, masonry or other approved materials. The fence shall be entirely self-supportingand shall not encroach or utilize I structures or fencing on any adjacent property without prior written approval of the adjacent owner. C. The fence shall be installed prior to the initiation ofany construction or demolition and shall be continuously nj, aintained in good condition. D. Signs stating "PRIVATE PROPERTY, NOTRESPASSING" shall be posted on the fence. E. The provisions of' this section shall not apply to a fence or wall as re(JUired by any law or regulation of the state of California or any agency thereof. 17.68.110 Requirement for construction of a six-foot high masonry wall. 7 The City Council l'i rids that there are areas within the City where corriniercial zones abut residential zones and the construction of as block wall is necessary to protect such residential areas. Any owner, lessee, Occupant or agent constructing or causing the construction of any building, building addition, acccssory building, or repairs estirnaled by the Building Deparlincrit to have a value of ten thousand dollars ($10,000.00) or rnore upon any cornmercially used and zoned lot adjacent to property zoned and used f6r residential purposes shall cons(ruct as six-foot high rnasonry wall along the property line where the corninercially zoned lot has a coninion or rear lot line with a residentially zoned property. Any person dc,.,,iiring to obtain as niodification from the Provisions of this section jnay file with the Planning Coninussion as writtert application, citing the reasons for such request, 'rhe Planning Commission shall give the applicant for such modification an opportunity to be heard if lie or she so desires, and thereafter may grant or deny the application for- the modification, or irtay, grant the same upon such conditions as the Planning Commission deenis necessary f()r the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Plaru nning Cornission to (fie City Council to (r,11 by filing an appeal pursuant ­ apter 17.160 (Appeals and Requests for Review) of this code. SECTION 4. Code Amendment. Chapter 8.48 (Vacant Lots) shall be added to Title 8 of the Rosemead Municipal Code to read as follows. Chapter 8.48 VACANT LOTS Sections: 8.,48.010 Purpose. X1.4 .020 Definitions. 8.48.030 City Standards. 8.48.040 Implernentation. 8.48.050 Noncompliance Declared Nuisance. 8.48.060 Exemption. 8.48.010 Purpose. The purpose of this section is to regtilate vacant lots in the (lity in order to protect residential and corriniercial areas frorn becoming blighted due to the lack ofadequate inainteriance and security, and to establish rninitnurn standards of accountability on the responsible parties of' vacant lot in order to protect the health, welfare,, and safety of the C0111111LInity. 8.4,8.020 Dermitions. AS used in this chaplet-, the following definitions shall apply; "Responsible Party" nicans and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the: last equalized assessment roll of (fie Los Angeles COLInty Assessor's I Office. Responsible parties include persons, with powers of attorney, executors of` estates, trustees, or who are courtappointed administrators, conservators, guardians or receivers. A responsible party of personal property shall be any person who has legal title, charge, control, or possession of, such property. "Vacant Lot" means any property that, is either: (1) Uniniproved; or (2) Improved with an existing building or structure that is abandoned, vacant and/or unoccupied for more than 30, days. 8.48.03O City Standards. A. Unimproved Vacant. Lots. 1. Landscaping. a. The responsible party of as vacant lot that was never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed, must provide as Va cant Lot Landscape all(] Irrigation Plat), along with the appropriate City fees, to tile (:"OMMUnity Development Department for review and approval. b. Upon approval of as Vacant Lot Landscape and Irrigation Plan, vacant lots must be improved and maintained at all times in accordance with the approved plan and the following provisions: A MinfillUrn ten -foot wide landscape area must be maintained oil all perimeters of vacant lot located adJacent to all, streets, alleys, or other public rights-of- way, 2) Landscaped areas must be planted with natural, drought -tolerant vegetation consisting of a combination of trees, shrubs, and groundcover, subject to approval of tile ("I(I)Irrimunity Development Department. Stich landscape materials must rnauitain as ITIHInIlUm height of two feet. 3) The vacant lot must be improved with an operable automatic irrigation systern for tile ground cover, which must be installed and iriaintained in good condition by the responsible party at all times. 4), Any dead or dying vegetation, as well as any broken, malfunctioning Irrigation Components, on the lot must be replaced by, the responsible party or designee, within 72 hours of discovery or notification by the City. The responsible party or designee, must inspect the property at reasonable intervals and take other steps to reasonahly ensure that there are no dead or dying vegetation nor any broken, malfunctioning irrigation corilponents on the lot. 9 2. Fencing. A four -toot high with anti -graffiti coating (if feasible) white rail fence approved by the Community Development Department must be, located behind all required perimeter landscaping., All fencing mustbe provided with as gate to allow access to the vacant lot for emergency access. As deemed necessary by `eta ft' for health,, safety, or general welfare reasons, as security fence of a maxinIUM Of six (6) feet per approval by the Community Developinent Director may be required around vacant properties. 3. Maintenance. a. The vacant lot must be maintained free of litter, weeds, graffiti, debris, and the stockpiling of any material at all times. The responsible party or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure thatt no litter, weeds, graffiti, debris Or materials stockpiling collects or is maintained on the lot. K All fOnCifIg must be rnaintained in good condition at all times by the responsible party or designee, Any on-site graffiti must be remove(,] by the responsible party or designee, within 24 hours of discovery or notification by the City. The responsible party or designee, must inspect 1he property at reasonable intervals for any on-site graffiti and take other steps to reasonably ensure that there are no on-site graffiti. B, Improved Vacant Lots, 1. Vacant lots improved with existing can -situ buildings or structures that are vacant, abandoned, or unoccupied for snore than 30 (lays, as determined by the Community Development Director, niust, be improved and maintained at all times in the same manner its set forth in the "Unimproved Vacant Lots" subsection of this secti(:)n, however, the C0111111LInity Development Director may tri()dify the landscaping requirements if the landscaping requirements are deemed Unnecessary or unsuitable for an improved vacant lot. 2. In addition, such vacant lots must be maintained as follows: a. All on-site buildings or structtires must he maintained in good condition at all times. Damage to any on-site buildings or .structure; must be abated within ten days by the responsible party or designee upon discovery or City notification. An alternative abaternent period may he granted if deemed necessary by the Corninunity F)evelopment Director, if the responsible party: I ) Demonstrates that physical improvernents towards ren-iedying the site or buildings/structures reasonably require more than ten days- and 2) SUbrnits as written re(luest to the Community Development Director justifying the requested time extension and detailing the scope of work to be completed within such time. IKE b. The vacant lot inust be ade(Ituately secured at all times to prevent illegal dumping, criminal activity, vandalism, graffiti, on-site loitering, and any and all ollier attractive nuisances to the satisfaction of the Community Developrilent Director. C, Vacant Lots in C ORjUnction with all Approved Project. Before the City issues a demolition perrint on array lot in which the construction of a new building, structure, parking lot, or impervious surface is not scheduled tea commence within 30 days after demolition, the responsible party or designee must submit a Vacant Lot Landscape and Irrigation Man for review and approval by the Community Development Department, along with the appropriate City fees, The Community Development Department may impose any conditions of approval oil the vacant lot landscape and irrigation plan to ensure that the lot will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation iniprovetuents to the vacant lot, as, specified oil the approved plan, must be completed to the satisfaction of the Community Development Department, within 30 days after approval of the plans. 8.48.040 Implementation. AAll vacant lots, regardless of how they became vacant, (hat are existing at the firne this section becornes effective must comply with this section within 60 days after the City provides notice alerting the responsible party or operator of the requirements of this section. f`or put -poses of this section, the responsible party or operator is deenred to have been provided notice five days after such notice be resiled by first class and certified mail to the owner(s) shown oil the last assessment roll of the county. The failure of any person to receive this notice does not affect the validity of any proceedings under this section. A 30 -day tinie extension may be granted by the 0:nrimunity Development Director for good cause as determined by the C.'orn.munity Development Director. 13. The responsible party shall complete and submit a vacant lot registration application on as farmLI made available by the Community Developmera Department within 60 days, after the lot becomes vacant: or within 60 days after the effective date of this section, whichever is later. At the time of registration, all annual fee, as established by resolution of the City Council, shall be paid to defray the cost of administering* this section. 'rhe CortimunityDevelopment Director shall have the authority to make specific fee exemptions in a ease where the responsible party has agreed to allow the property to be used and operated for a specific corturruni(y serving use arid specific firriefrarne approved by the City of Rosernead. 8.48.050 Noncompliance Declared Nuisance. A. Failure to corriply with any of the applicable reciLhi-ernents in this section constitute public nuisances and abatement proceedings may proceed to gain compliance in accordance with the provisions (,Wthis section. B. Failure to comply with the City Standards or any other applicable requirements in this section may result in any combination of the following actions by the City of Roseniead: 1.1 The City ofRosemead may take action to bring the property into compliance, as set forth in this section, which may include, but not limited to, niaintaining the cleanliness of the, property, installing fencing, and/or rehabilitating the existing landscaping. The responsible party or designee shall submit full payment to the City of Rosernead for the cost of all work completed by the City of Rosernead. The amount of such payment xvill be provided on an invoice to the responsible party by the City of'Rosernead, 2. Any fees or costs not paid when due may be specially assessed against the property involved. If' the fee or invoice amount is specially assessed against the property, said assessment may be collected and shall be subject to the same pcnaaIties and the sarne procedure and sale in case of delinquency, as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property Laxes are applicable to the special assessment. 3. The City of Rosemead may cause as notice of lien to be recorded against the property. The notice of lien shall, at minimum, identify the: record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fees or oasts assessed against the property, C The City may pursue any other remedies or enforcement action(s) provided in the Municipal Code, 8.48.060 Exemption. Any vacant lot that is undergoing construction or any vacant lot t'(:,)r which as building, permit has Z= been issued and has riot expired is exciript frorn the requirements of this section. This exemption does not apply to any extension,,,, modifications, or changes to as building permit that extend the building permit beyond the initial expiration period provided by this code. SECTION 5. Cmistruction. This Ordinance must be broadly constructed in order to achieve the purposes stated in this Ordinance. It is the, City Council's intent that the provisaons, of' this Ordinance be interpreted or implemented by the City and others in a manner that facilitates (lie purposes set forth in this Ordinance. SECTION 6. Eiiforceability. Repeal ofany provision of the RMC does not affect any penalty, forfeiture, or liability incurred berore, or prechide prosecution and imposition of penalties for any violation occurring before this Ordniance's, effective date. Any such repealed part will remain in 1"Lill force and effect for sustainitig action or proseCLaing violations occurring; before the effective date of this (Hinance. SECTION 7. Severability.The City Council hereby declares that, should any provision, Sion, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competerujurisdiction car by reason of any preemptive legislation, such decision or action shall not affect the validity of' the remaining section or portions, sal' the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, 12 sections, subsections, paragraphs,, sentences, clauses, phrases, or words of this Ordinance irrespective of the faact that, any one or more provisions, sections, subsections, para-naphs, sentences, clauses, phrases, or words ruay be declared invalid or unconstitutiowd. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoptiou. SECTION 9. Publication. 'rhe, City Clerk shall certify to the adoption of this Ordinauce and Shall publish a surnmary of this Ordinance and post as certified copy of the full Ordinance in the office of the City Clerk at least five (lays prior to the adoption and within 15 (lays after adoption of the Ordinance, the City Clerk shall publish as summary of the Ordinance with the names of the Council Members votlug for an(] against the Ordinance. This Ordinance shall take effect thirty (301) days after the (]ate of its adol)tjon. PASSED, APPROVE'D, AND ADOPTED by the City Council of the City of Rosemead, County of Los Angeles of the State of'Californi,'t on September 25, 2018. AYES, NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk APPROVEDAS TO FORM: Rachel H. Richinan, City Attorney Burke, Williams & Sorensen, Ll....I) x Steveu Ly, Mayor