HomeMy WebLinkAbout807 - OrdinancesORDINANCE NO. 807
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ADOPTING CURB
NUMBERING REGULATIONS AND AMENDING TITLE 8
OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
Section 1. Title 8 of the Rancho Cucamonga Municipal Code is hereby amended by
the addition of a new Chapter 8.36 to read as follows:
"Chapter 8.36
CURB NUMBERING REGULATIONS
Sections:
8.36.010 Permit required.
8.36.020 Application.
8.36.030 Decision of City Engineer.
8.36.040 Standards.
8.36.050 Service area and permit duration.
8.36.060 Solicitation of donations.
8.36.070 Revocation of permits and appeals.
8.36.080 Violations
8.36.010 Permit required.
No person shall paint, mark, inscribe, or affix upon any publicly owned or
controlled curb, parkway or street any address number without first obtaining a permit
therefore from the City Engineer. The term 'address number' as used in this chapter
shall mean the address number assigned to any property regardless of whether such
property, or any use thereof, is residential, commercial, industrial or otherwise.
8.36.020 Application.
Any application for an encroachment permit to paint address numbers on any
public curbs shall be signed under penalty of perjury and filed with the City Engineer or
designee ('City Engineer' herein), and shall include the following:
A. The name and business address of the applicant. If the applicant is a
partnership, the application shall state the name and address of each of the general
partners. If the applicant is a corporation, the application shall state the name and
address of the president of the corporation. If the applicant is a joint venture, the
application shall state the name and address of each of the joint venturers.
Ordinance No. 807
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B. A description of the area of the City to be serviced within the permit period
and the amount of the donation to be requested per address number.
C. The names and addresses of each person who will do the painting.
D. The names, home addresses and dates of birth of each person who will
make door-to-door solicitations or collections of donations for such services. The
applicant will also state whether or not any such person is registered or required to
register as a sex offender pursuant to Penal Code Section 290, or within the previous
ten (10) years has been convicted of any felohy involving bodily injury to another or theft
from any residence.
E. A signed agreement to indemnify, defend and hold the City, its elected
officials, officers and employees free and harmless with respect to all claims and
liabilities arising out of the applicant's activities in connection with or pursuant to the
address painting permit.
F. A completion bond or cash deposit in the amount of $250 to guarantee
completion of any of the work in compliance with this chapter.
8.36.030 Decision of the City Engineer.
A. Upon the filing of an application, the City Engineer shall have five (5)
business days to determine whether the application is complete. If the application is
determined to be incomplete, the City Engineer shall, within two business days following
such determination, give written notice by mail or personal delivery to the applicant
advising that the application is incomplete and stating the information needed to
complete the application.
B. Upon determination that the application is complete, the City Engineer
shall conduct an appropriate investigation, including consultation with the Police, Fire,
Code Enforcement and Planning Departments and inspection of the premises, as
needed. Within forty-five (45) days after receipt of a completed application, the City
Engineer shall issue the permit unless he or she finds that the applicant has provided
false information, or that any person who will make door-to-door solicitations or
collections of donations on behalf of the applicant is registered or required to register as
a sex offender pursuant to Penal Code Section 290, or within the previous ten (10)
years has been convicted of any felony involving bodily injury to another or theft from
any residence. Written notice of such denial and the reasons therefore shall be mailed
to the applicant. Any permit issued shall be valid for no longer than ninety (90) days.
8.36.040 Standards.
A. All curb. house numbers shall be of size, color and style conforming to
specifications approved by the City Engineer and on file in the Engineering Department
of the City.
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B. Reflective masonry paint shall be used for all numerals and background
and shall meet or exceed the curb paint specifications approved by the City Engineer
and on file in the Engineering Department of the City. Proof of compliance with this
requirement shall be provided to 'the City Engineer prior to commencement of curb
painting.
C. All numerals shall be located on the curb face not more than one inch from
the top of the curb.
8.36.050 Service area.
A. A permit issued pursuant to this chapter shall specify, by street and block
numbers, the area of the City to be solicited for the painting of address numbers. The
proposed service area shall be approved by the City Engineer prior to issuance of the
permit. No permit shall be authorized for a service area greater than can reasonably be
serviced by the permittee within the period the permit is valid and no more than one
permit shall be issued for any one time period for any proposed service area. No permit
shall authorize any service area for which an address painting permit has been issued
within the previous two (2) years.
8.36.060 Solicitation of donations.
A. Prior to painting the address number upon the curb of any property, the
person or company providing such service shall provide written notice to the owner,
manager, or occupant of the property stating that it is the intention of such person or
company to repaint the address number upon the curb of such property. The notice
shall be approved in advance and in writing by the City Engineer. The notice shall be
delivered in person or by mail to the property, not less than three (3) business days prior
to the date such address painting will or is proposed to occur. Such notice shall state: (i)
the amount of any suggested donation for such service and shall provide a reasonable
means by which the owner, manager or occupant of the property may reject such
service or payment therefore; (ii) that whether or not to accept the service and make a
donation, including the amount of any donation, is strictly voluntary and that failing to
reject the service does not create any binding obligation for payment; (iii) that the
person or business providing the notice has a City permit to provide address numbering
service, but such service is not sponsored by or affiliated with the City of Rancho
Cucamonga; and (iv) the permittee's business address, telephone number and full
business name.
B. The required notice shall be delivered only during daylight hours and shall
be placed at or around the front entrance, and shall not be deposited in any mailbox, on
any vehicle or in any yard.
C. All persons delivering notices, soliciting donations and/or painting address
numbers pursuant to this chapter shall at all times wear a name tag stating the .
permittee's business name and address, and the bearer's actual name.
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D. No address shall be painted nor solicitation therefore shall be made
unless such address is set forth in a one month summary of addresses to be painted
and provided to the City Engineer at least one week prior to the date such painting is to
occur.
E. No person shall paint the address number or anything else upon the curb
of any property, nor solicit any payment or donation from the owner, manager or other
occupant of any property, where the address painting service for such property has
been rejected as provided herein.
F. No person shall solicit donations for the painting of address numbers in
excess of the amount stated in the written notice delivered to the property in accordance
with this chapter. In soliciting such donations, no person shall trespass or remain upon
any private property after being requested by the owner or an occupant of the premises
to depart from the property or after any request for a donation has been denied. After
being requested to depart from private property following any such solicitation or after
being denied any request for a donation, no person shall threaten, coerce or otherwise
intimidate any owner, manager or other occupant of the property.
G. Each permittee shall maintain written records of all donations received and
address numbers painted, and all denials or rejections of address painting services, and
shall make the same available for review by the City during normal business hours at
the permittee's business address, for not less than one (1) year after provision of each
of notice of intent to paint the address.
8.36.070 Revocation of permits; Appeals.
A. Revocation Notice. The City Engineer shall be authorized to revoke any
permit for non-compliance with any term, condition or regulation specified in this section
or for failure to perform such services within the time period of the permit. Unless
immediate suspension pending a hearing is deemed necessary in order to protect the
public from a real and immediate risk of harm, then not less than five (5) business days
prior to the effective date of any such revocation, a notice of revocation containing the
reasons therefore, shall be provided to the permittee by first class mail or personal
delivery to the business address specified in the permit application. Any permittee
aggrieved by such revocation may appeal such action to the City Manager or designee
thereof ('City Manager') at any time prior to the effective date of such revocation, by
filing a letter of appeal with the City Engineer. The letter of appeal must actually be
timely received by the City Engineer to be effective.
B. Appeal. Any timely filed letter of appeal shall contain a concise
explanation of the grounds for such appeal. Upon receipt of a timely appeal in
compliance with this section, the effective date of any revocation shall be stayed during
the appeal process, unless immediate suspension pending a hearing is deemed
necessary pursuant to subsection B, above. Within ten (10) business days following the
date of such timely appeal, the City Manager shall hold a hearing at a date and time set
forth in a notice given to the permittee by first class mail or personal delivery not less
than three (3) business days prior to the hearing date. Within ten (10) business days
Ordinance No. 807
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following completion of the hearing, the City Manager shall issue a written decision and
shall provide the same to the permittee by first class mail or by personal delivery. Said
decision shall be final and shall become effective upon the earlier of either (i) the third
day following the date of deposit in the U.S. Mail, first-class, postage prepaid, to the
permittee if the decision is mailed, or (ii) the date of personal delivery thereof to the
permittee.
8.36.080 Penalties.
Any person violating any provision of this chapter shall be guilty of an
infraction. "
Section 2. Severability. The City Council declares that, should any article, provision,
section, paragraph, sentence or word of this Ordinance or the Chapter hereby adopted
be or declared invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislative, the remaining provisions, sections, paragraphs,
sentences and words of this Ordinance and the Chapter hereby adopted shall remain in
full force and effect.
Section 3. Civil remedies available. The violation of any of the provisions of this
Ordinance or the Chapter hereby adopted shall constitute a nuisance and may be
abated by the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of such
nuisances.
Section 4. The City Clerk shall certify to the adoption of this Ordinance.
Please see the Iollowing page
/ar lormal adoption, certllicatlon and signatures
Ordinance No. 807
Page 6 of 6
PASSED, APPROVED, AND ADOPTED this 18th day of February 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth
ATTEST:
anice C. Reynolds, Ci Clerk
I, JANICE C. REYNOLDS, 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 4th day of February 2009,
and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 18th day of February 2009.
Executed this 19th day of February 2009, at Rancho Cucamonga, California.
anice C. Reynolds, ty Clerk