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HomeMy WebLinkAbout317 - Ordinances ORDINANCE NO. 317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 8.20 TO TITLE 8 THEREOF AND ADOPTING, BY REFERENCE, ORDINANCE NO. 3105 OF THE COUNTY OF SAN BERNARDINO AMENDING DIVISIONS 1 THROUGH 6 OF TITLE 3 AND RESTATING VARIOUS REGULATORY PROVISIONS OF THE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES COVERING: FOOD, DAIRIES, WATER, TOXICS, WASTES, VECTORS, HOUSING, RECREATION, AND OTHER SUCH ENVIRONMENTAL HEALTH REGULATORY SUBJECTS, WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES A. Recitals. (i) Article 2 of Chapter I of Part I of Division I of Title 5 of the California Government Code (Sections 50020, et seq.), authorizes the adoption, by reference, of the County of San Bernardino Environmental Health Code as adopted by Ordinance No. 3105 of the Board of Supervisors of the County of San Bernardi no. (ii) At least one (1) copy of said Code certified as a full, true and correct copy thereof by the City Clerk of the City of Rancho Cucamonga has been filed in the office of the City Clerk of the City of Rancho Cucamonga in accordance with the provisions of California Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and ordain as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: A new Chapter 8.20 is hereby added to the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: Ordinance No. 317 Page 2 "Chapter 8.20 "Environmental Health Code "Section 8.20.010 Adoption of San Bernardino County Environmental Heal th Code. "Section 8.20.020 Amendments to County of San Bernardino Environmental Heal th Code. "Section 8.20.030 Fees. "Section 8.20.040 Penalties for violation of chapter. "Section 8.20.050 Civil remedies available. "Section 8.20.060 Severabil ity. "Section 8.20.010. Adoption of San Bernardino Environmental Health Code. "The San Bernardino County Environmental Healtho. 3105 of the Board of Supervisors of the County of San Bernardino, hereby is adopted as the Environmental Health Code of the City of Rancho Cucamonga together with the amendments, additions, deletions and exceptions set forth in this chapter. "Section 8.20.020. Amendments to San Bernardino County Environmental Health Code. "Article I of Chapter 8 of Division 3, pertaining to refuse storage, Article 2 of Chapter 8 of Division 3, pertaining to refuse collection, and Article I of Chapter 10 of Division 3, pertaining to buildings used for human habitation, as set forth in the County of San Bernardino Environmental Health Code adopted by the Board of Supervisors of the County of San Bernardino as Ordinance No. 3105, hereby are deleted in their entirety. "Section 8.20.030. Fees. "Notwithstanding any other provision of the County of San Bernardino Environmental Health Code as set forth in this Chapter 8.20, fees required by any provision thereof shall be paid to the appropriate official with respect to the issuance of licenses, permits, inspections and related matters. Fees for such activities shall be established, and may be amended from time to time, by resolut.ion of the City Council of the City of Rancho Cucamonga. "Section 8.20.040. Penalties for violation of chapter. "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter or the code adopted hereby. Any person, firm, partnership, or corporation violating any provision of this chapter or the code adopted hereby or failing to comply with any of the requirements of this chapter or the code adopted hereby shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or Ordinance No. 317 Page 3 corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter or the code adopted hereby is committed or continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this chapter. "Section 8.20.050. Civil remedies available. "The violation of any of the provisions of this chapter or the code adopted hereby shall constitute a nuisance and may be abated by the City through civil process through means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "Section 8.20.060. SeverabilitS. "The City Council hereby declares that should any provision, section, paragraph, sentence or word of this chapter or the code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter and the code hereby adopted shall remain in full force and effect." SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail~y Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 19th day of August, 1987. AYES: Brown, Buquet, Stout, King NOES: None ABSENT: Wright ~~,~y~~ .~.~~C Dennis L Stout, Mayor ATTEST: Beverly/A. Authelet, City Clerk Ordinance No. 317 Page 4 I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of August, 1987, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of August, 1987. Executed this 20th day of August, 1987 at Rancho Cucamonga, California. Beverly ~(. Authelet, City Clerk