HomeMy WebLinkAbout2013-05-14 - AGENDA REPORTS - MUNICODE UPDATE (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 14
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
May 14, 2013
Arming Chaparyan
INTRODUCTION AND FIRST READING BY TITLE ONLY OF
AN ORDINANCE AMENDING: CHAPTER 1.01 (CODE
ADOPTED), CHAPTER 3.12(PURCHASES), CHAPTER 10.06
(FLOODPLAIN MANAGEMENT), CHAPTER 11.46 (FILMING
POLICY), CHAPTER 11.68 (GRAFFITI), TITLE 14 (PARKS AND
OTHER PUBLIC PLACES), CHAPTERS 23.10, 23.20 AND
CHAPTER 23.30; (NEIGHBORHOOD PRESERVATION);
ADDING CHAPTER 15.40 (CHANNELS) AND REPEALING
CHAPTER 23.40 (COST RECOVERY) OF THE SANTA CLARITA
MUNICIPAL CODE
Community Development
RECOMMENDED ACTION
City Council introduce and read by title only an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING: CHAPTER 1.01
(CODE ADOPTED), CHAPTER 3.12 (PURCHASES), CHAPTER 10.06 (FLOODPLAIN
MANAGEMENT), CHAPTER 11.46 (FILMING POLICY), CHAPTER 11.68 (GRAFFITI),
TITLE 14 (PARKS AND OTHER PUBLIC PLACES), CHAPTERS 23.10, 23.20 AND
CHAPTER 23.30 (NEIGHBORHOOD PRESERVATION); ADDING CHAPTER 15.40
(CHANNELS) AND REPEALING CHAPTER 23.40 (COST RECOVERY) OF THE SANTA
CLARITA MUNICIPAL CODE. " Set the Ordinance for adoption on May 28, 2013.
BACKGROUND
As the community changes, it becomes necessary for the City of Santa Clarita (City) to clarify
and update various municipal codes to meet those changes and have codes in place that reflect
our community's needs.
APPROVED
The review and update of the Municipal Code has been an ongoing process for the past year, with
great involvement of City Staff, the City Attorney's Office, members of the City Council
Development Sub -Committee, and the community. Staff completed extensive public outreach
related to these proposed changes. An internet survey was created and advertised to a number of
our local partners; including The Signal, KHTS Radio, the City's webpage, and through local
community groups. Over 300 community members participated in the survey and provided
valuable feedback. As part of the survey, staff solicited interested community members to see if
they would be willing to work with staff as part of a focus group. As a result of that outreach,
staff held three focus group meetings, with 21 community members participating. The results of
the survey are attached.
The proposed changes were presented to the Development Sub -Committee, consisting of
then -Mayor Pro Tem Bob Kellar and Councilmember TimBen Boydston on October 29, 2012.
Additionally, the changes being proposed to Title 14 were presented to the Parks, Recreation, and
Community Services Commission on November 1, 2012. An additional Development
Sub -Committee meeting was held on February 14, 2013, to further discuss these changes. A
public open house was held on March 13, 2013, (which was attended by only one community
member), and the proposed changes have been posted on the City's website since late February.
A final Development Sub -Committee meeting was held on April 29, 2013. The following are
additional staff recommended changes that resulted from the Sub -Committee meeting:
• Need for Community Preservation Officer to be present at Administrative Hearing(s) as
requested by residents (Chapter 23.20.190(D)- Conduct of Hearing): In the current
Community Preservation process, after a citation is issued for violation and ultimately not
corrected, the resident has an opportunity to request an Administrative Hearing. This
process involves the City hiring a third party, independent hearing officer, who hears facts
from the City and the resident and makes a finding. Staff clarified that this hearing will
include the Community Preservation Officer that initially issued the citation and has been
working on the case. Staff has worked with the City Attorney's Office and made this
update to the proposed Municipal Code changes.
• Clearly define "Brush" (Chapter 23.30.020 (A) Definition)- Staff has worked with the
City Attorney's Office and the following is the new definition, "Brush shall mean the
predominant plant community in the canyons of Southern California also known as
Chaparral, comprised of shrubby plants that have adapted to dry summers and moist
winters."
• Clearly define "Inoperable Vehicle" (Chapter 23.30.020 (J)- Definitions "Inoperable
Vehicle")- Staff has worked with the City Attorney's Office and the following is the new
definition, "Inoperable and/or unregistered/unlicensed vehicle means any motor vehicle
that is mechanically incapable of being driven or prohibited from being operated on a
public street or highway pursuant to the provisions of Vehicle Code Sections 4000
(unregistered vehicles), 5202 (failure to display license plate), 24002 (unsafe conditions,
improper equipment, load) and 40001 (all violations apply to driving or operating on
highways)."
Define what ground cover is permitted (Chapter 23.30.040(M 10)- Staff has worked with
the City Attorney's Office to expand on this definition and additional language includes,
"City approved groundcover should be predominately living material that can be used in
conjunction with other porous materials, such as rock, mulch and decomposed granite.
The City encourages property owners to install drought tolerant, climate appropriate,
ground cover vegetation in order to meet the intent of the State's Model Water Efficient
Landscape Ordinance.In a addition, the Fire Department is consulted as needed in order
to ensure conformance with landscaping requirements for State designated Very High
Fire Hazard Severity Zones."
The proposed changes include: deleting redundant codes, amending current codes, and adopting
new codes. Additionally, existing definitions are proposed to be revised, and new definitions are
proposed to be added to conform to State and Federal regulations. Staff is proposing to make
changes to the following Titles:
• Title I — Administration (Chapter 1.01)
• Title 3 — Revenue and Finance (Chapter 3.12)
• Title 10 — Floodplain Management (Chapter 10.06)
• Title 1 I — Public Peace and Welfare (Chapter 11.46, Chapter 11.68)
Title 14 — Parks and Recreation (Several Chapters Amended)
• Title 15 — Utilities (Chapter 15.40)
• Title 23 — Neighborhood Preservation (Several Chapters Amended)
A summary of the changes to each Title is presented below.
Title 1— Administration (Chapter 1.01)
The proposed changes in Chapter 1.01 involve removing code sections that deal with violations
of code that are considered infractions. The sections will be moved to Chapter 23.10 where there
is already code language for infraction penalties. The punishment section for misdemeanors and
infractions is removed, as it is redundant with sections in Chapter 23.10. In addition, there is a
cost recovery section that is amended, which allows for the prevailing party to recover reasonable
attorney's fees, pursuant to Government Code section 38773.5.
Title 3- Revenue and Finance (Chapter 3.12)
Changes to this section of the Municipal Code are provided in an effort to eliminate duplication
of information already detailed in the City's existing Purchasing Policy. The Purchasing Policy is
approved by the City Council. Edits to this section include eliminating the specific dollar
amount that the City Manager is authorized to approve as well as dollar amounts for open market
purchases, such as, quotes, informal bids, and formal bids as this information is already included
in the Purchasing Policy. This approach is the same taken when other Municipal Code sections
that have a complementary City policy or document such as the City's Fee Schedule as it is
regularly submitted to the City Council for review and consideration. Without taking this
approach, future changes to the City's purchasing practices would require an update to both the
Municipal Code and Purchasing Policy.
Title 10 - Floodplain Management (Chapter 10.06)
This section of the Municipal Code deals with development in the floodplain which is heavily
dictated by the Federal Emergency Management Agency (FEMA). The changes being proposed
to this section include: clarifying existing definitions, the inclusion of language to automatically
incorporate any change FEMA may issue through Technical Bulletins, the addition of two
Special Flood Hazard area designations to our Municipal Code for reference, a requirement to
show all proposed fences or walls on development permit applications, and a new provision for
the collection of investigation fees associated with illegal development in a floodplain, whether a
permit is subsequently issued or not.
Title 11 - Public Peace and Welfare (Chapter 11.46, Chapter 11.68)
Chapter 11.46 of the Municipal Code outlines the City's Film Policy. This section of the code
has not been updated since 2002, when the Film Office was initially created. In that time, a
number of new forms of media have been developed that require inclusion in the Film Policy.
Additionally, the California Film Commission, in conjunction with a variety of governmental
organizations, recently revised their Local Government Model Film Ordinance. Minor language
changes were made to reflect consistency with this document.
In addition, keeping with the City Council's stance against graffiti in our community, staff is
proposing to add language that would put financial liability on the parent or guardian of a minor
that has been caught vandalizing the community. These costs include, but are not limited to:
court costs, law enforcement costs, repair, and replacement of defaced property. This change in
the code is consistent with California Civil Code 1714.1(b), which holds the parent/guardian
responsible for damages caused by their minor resulting from willful misconduct.
The intemet survey asked the community if they thought a parent or guardian should be
responsible for monetary damages due to vandalism, such as graffiti, caused by their minor, and
93% of those surveyed either strongly or somewhat agreed with this statement.
Title 14 - Parks and Recreation (Several Chapters Amended)
To proactively manage the City's park and public spaces, and their usage and enjoyment by
residents, the first comprehensive review of the current rules and growing parkland issues
suggest necessary amendments to Title 14 of the Municipal Code, providing for new and updated
regulations. The recommended updates promote safety for users, and protection and
sustainability for the City. These updates include: adding definitions to address new issues
including dog parks and open space, strengthening existing language to prohibit commercial uses
in public parks, and expanding the sections relating to riding and hiking trails. In addition, other
prohibited uses and activities in City parks and public spaces will be clarified. The proposed
code additions will also include new chapters for open space, aquatics facilities, and skate parks.
Title 15 — Utilities (Chapter 15.40)
Every winter, many Southern California communities experience regular flooding and clogged
storm drains. This type of flooding and damage rarely occurs in Santa Clarita due in part to
Chapter 15.40 of the Municipal Code. Maintenance of channels codes help protect the City and
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its residents by allowing our inspectors to enforce illegal dumping, impeding the flow of water,
and enforce maintenance of private water ways, swales, and the like. This code was
inadvertently deleted in 2009 and needs to be replaced in the Municipal Code.
Title 23 - Neighborhood Preservation (Several Chapters Amended)
This section of the Municipal Code deals with the preservation of our neighborhoods and gives
Community Preservation staff the guidelines to ensure our neighborhoods are maintained.
During the community survey, poorly maintained private properties was identified as the most
important code enforcement issue in our City today. As a result of that feedback, the changes
being proposed to this section are to help clarify what the community constitutes as a nuisance.
These changes include:
• A change to existing definitions to clarify their meaning and new definitions have been
added to be more specific.
• New codes are proposed to be added to deal with issues identified in staffs field
enforcement experience which were also confirmed by the community survey. This
includes: the addition of clotheslines as a public nuisance in front and side yards, and an
expansion of items prohibited in the public right of way (basketball hoops, vessels, boats
and storage containers).
• An additional method of recording code violations with the County of Los Angeles
Assessors Office for City code violations. This will inform prospective property buyers of
violations that exist on the property.
• A clarified section is proposed to be added that allows the City to abate public nuisances
and recover those costs from the property owners, if they are not responsive to our current
code enforcement process.
All of the changes being proposed will be brought back for a second reading. This is scheduled
for the May 28, 2013, City Council meeting. The proposed changes would then go into effect 30
days after the final reading.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact as a result of this action.
ATTACHMENTS
Ordinance -
Public Survey
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA AMENDING: CHAPTER 1.01 (CODE
ADOPTED), CHAPTER 3.12 (PURCHASES), CHAPTER 10.06
(FLOODPLAIN MANAGEMENT), CHAPTER 11.46 (FILMING
POLICY), CHAPTER 11.68 (GRAFFITI), TITLE 14 (PARKS
AND OTHER PUBLIC PLACES), CHAPTERS 23.10, 23.20 AND
CHAPTER 23.30 (NEIGHBORHOOD PRESERVATION);
ADDING CHAPTER 15.40 (CHANNELS) AND REPEALING
CHAPTER 23.40 (COST RECOVERY) OF THE SANTA
CLARITA MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS OF FACTS. The City Council finds as follows:
A. Article XI, Section 7 of the California Constitution authorizes the City to enact,
amend, and enforce ordinances to promote social, economic or aesthetic considerations and/or
that regulate conditions which may be public nuisances or create health hazards. The City may
also regulate individual conduct and certain operational aspects of businesses in order to protect
the public health, safety, and welfare.
B. There are multiple provisions in the Municipal Code that address a variety of
nuisance conditions, businesses, and activities, and are designed and intended to protect and
promote the public health, safety, and welfare.
C. The City has determined that many of these provisions are in need of amendment
in order to; eliminate redundant requirements and procedures, provide City staff with greater
enforcement flexibility, enable the City to seek cost recovery for public nuisances to the fullest
extent allowed by State law, address emerging and evolving problems within the community,
and ensure that the City's nuisance regulations, abatement and cost recovery procedures are easy
to understand and comply with due process requirements under the Federal and State
constitutions and recent court decisions.
D. In order to achieve that objective, this ordinance adds several new definitions and
clarifies the language concerning designated public nuisances to provide better guidance to both
City staff and the public regarding the conditions and activities that are prohibited under the
Municipal Code. The ordinance also strengthens existing Municipal Code provisions regarding
review of administrative citations and administrative abatement procedures. The ordinance
establishes the City Council as the final decision maker regarding the collection of unpaid
administrative citation fines and nuisance abatement costs, which the City may collect as either a
lien or special assessment against the property at issue. The ordinance repeals Chapter 23.40,
which was duplicative of certain cost recovery procedures set forth in Chapter 23.30. The
amendments proposed to Chapter 3.12 regarding the purchasing authority of the City Manager
will eliminate duplication of information already detailed in the City's existing Purchasing Policy
which is approved by the City Council.
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Ordinance No.
R
E. The ordinance amends Chapter 10.06 regarding floodplain management and adds
Chapter 15.40 regarding maintenance of flood channels to ensure that the City's regulations are
consistent with the State model ordinance and current practices and standards for floodplain
management and to prevent situations and conditions that may result in loss of life and property,
health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, all of which would adversely affect the public
health, safety and welfare.
F. The ordinance amends Chapter 11.46 in order to ensure that the City's filming
regulations are consistent with developments in the film industry and reflect the issues that
commonly arise from film projects within the City.
G. With regard to Chapter 11.68, the ordinance is intended to strengthen existing cost
recovery procedures in connection with graffiti abatement. Graffiti presents an ongoing nuisance
for City residents and law enforcement, blight on the community, and an unnecessary expense
for the City. California Government Code sections 38772, 38773, and 38773.5 specifically
authorize cities to abate graffiti as a public nuisance and collect the expenses of abatement from
the responsible party. The ordinance adds to and strengthens existing procedures for the removal
of graffiti with city funds and the collection of graffiti abatement expenses from responsible
parties, including the parents of minors who have committed graffiti violations, as permitted by
state law.
H. The ordinance amends Title 14 regarding parks and other public places. The City
of Santa Clarita owns, operates, and/or supervises a number of parks, indoor and outdoor
recreational facilities, and open spaces. The City is empowered to enact rules to ensure that
members of the public use City parks, facilities, and open spaces in a manner that is consistent
with the purposes of these places and that promotes the public's common benefit. The proposed
amendments to Title 14 will promote and encourage a safe, family -friendly atmosphere at City
parks, facilities, and open spaces and are intended to ensure that the public can use and enjoy
such places for their intended purposes.
SECTION 2. Amendment of Chapter 1.01. Chapter 1.01 of the Santa Clarita
Municipal Code entitled "General Provisions" is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein by this reference.
SECTION 3. Amendment of Chapter 3.12. Chapter 3.12 of the Santa Clarita
Municipal Code entitled "Purchases" is hereby amended to read as shown in Exhibit B, which is
attached hereto and incorporated herein by this reference.
SECTION 4. Amendment of Chapter 10.06. Chapter 10.06 of the Santa Clarita
Municipal Code entitled "Floodplain Management" is hereby amended to read as shown in
Exhibit B, which is attached hereto and incorporated herein by this reference.
SECTION 5. Amendment of Chapter 11.46. Chapter 11.46 of the Santa Clarita
Municipal Code entitled "Filming Policy" is hereby amended to read as shown in Exhibit C,
which is attached hereto and incorporated herein by this reference.
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Ordinance No.
SECTION 6. Amendment of Chapter 11.68. Chapter 11.68 of the Santa Clarita
Municipal Code entitled "Graffiti" is hereby amended to read as shown in Exhibit D, which is
attached hereto and incorporated herein by this reference.
SECTION 7. Amendment of Title 14. Title 14 of the Santa Clarita Municipal Code
entitled "Parks and Other Places" is hereby amended to read as shown in Exhibit E, which is
attached hereto and incorporated herein by this reference.
SECTION 8. Addition of Chapter 15.40. Chapter 15.40 of the Santa Clarita Municipal
Code entitled "Utilities" is hereby added to read as shown in Exhibit F, which is attached hereto
and incorporated herein by this reference.
SECTION 9. Amendment of Chapter 23.10. Chapter 23.10 of the Santa Clarita
Municipal Code entitled "General Penalties" is hereby amended to read as shown in Exhibit G,
which is attached hereto and incorporated herein by this reference.
SECTION 10. Amendment of Chapter 23.20. Chapter 23.20 of the Santa Clarita
Municipal Code entitled "Administrative Citations" is hereby amended to read as shown in
Exhibit H, which is attached hereto and incorporated herein by this reference.
SECTION 11. Amendment of Chapter 23.30. Chapter 23.30 of the Santa Clarita
Municipal Code entitled "Public Nuisances" is hereby amended to read as shown in Exhibit I,
which is attached hereto and incorporated herein by this reference.
SECTION 12. Repeal of Chapter 23.40. Chapter 23.40 of the Santa Clarita is hereby
repealed in its entirety.
SECTION 13. Environmental Review.
A. The Ordinance is exempt from CEQA because it is not a project as defined in
Public Resources Code section 21065 and CEQA Guidelines section 15378. (CEQA Guidelines
section 15060(c)(3).) The Ordinance does not meet the definition of a project because it does not
have the potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment. Further, the Ordinance is
not subject to CEQA under CEQA Guidelines section 15060 (c)(2) because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment. The Ordinance
merely supplements preexisting code enforcement authority by amending procedures for the
abatement of public nuisances, refining existing administrative citation and administrative
abatement procedures, updating existing floodplain management provisions, ensuring the City's
ability to recover costs in nuisance and graffiti abatement actions, prohibiting commercial
activities in areas zoned as open space, and establishing specific regulations for commercial
activities in non -open space zones. The City already has the authority and power in the
Municipal Code to address each of these issues. Therefore, the Ordinance will not encourage or
discourage development. Accordingly, there is no possibility of a physical change in the
environment.
B. The City has analyzed the Ordinance and has determined that it is exempt from
CEQA under section 15061(b)(3) of the CEQA Guidelines (the common sense exception) which
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Ordinance No.
provides that CEQA only applies to projects that have the potential for causing a significant
effect on the environment. Where, as here, it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment; the
activity is not subject to CEQA. The Ordinance does not relate to any one physical project and
will not result in any physical change to the environment because it merely supplements
preexisting code enforcement authority and does not encourage or discourage any development
within the City.
C. Implementation of the flood management and commercial activities measures
described above in furtherance of the purposes set forth above are exempt from the provisions of
the California Environmental Quality Act (CEQA); Chapter 3 (commencing with Section 21100)
of Division 13 of the Public Resources Code as provided in categorical exemption classes 4, 5, 7,
8, 9, and 21 of the CEQA Guidelines (Title 14, California Code of Regulation §§ 15301-15329).
SECTION 14. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 15. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
PASSED, APPROVED AND ADOPTED 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Attorney
Mayor
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Ordinance No.
EXHIBIT A
Chapter 1.01
CODE ADOPTED
Sections:
1.01.001
Declaration of Purpose.
1.01.002
Establishment of Municipal Code.
1.01.003
Contents of Code.
1.01.004
Outline of Code.
1.01.005
Maintenance of Code.
1.01.010
Interpretation of Code and Other Ordinances.
1.01.020
Effect of Code on Past Actions and Obligations.
1.01.030
Partial Invalidity.
1.01.040
Territorial Limitation.
1.01.050
Local Signification.
1.01.100
Rules of Construction.
1.01.110
Effect of Headings.
1.01.120
Meaning of "Section" and "Subsection."
1.01.130
Acts by Deputies.
1.01.140
"Writing."
1.01.150
References to Ordinances: Application to Amendments.
1.01.160
Statute of Limitations.
1.01.170
Definitions.
1.01.200
Aiding and Abetting.
1.01.210
Violations Public Nuisances.
1.01.220
Nuisances: Recovery of Abatement Expenses.
1.01.230
Violation of Administrative Provisions.
1.01.240
Notices—Service.
1.01.250
Notices—Proof.
* Editor's Note: The Santa Clarita Municipal Code, as compiled, edited and published by Book Publishing
Company of Seattle, Washington, including Titles 16 and 17 known as the "Unified Development Code," was
republished, and adopted by Ordinance 99-5, 1/26/99.
1.01.001 Declaration of Purpose.
The City Council finds that it is desirable and in the public interest to establish a municipal code
in order to provide a scheme of organization for the classification and grouping of ordinances
which the Council may adopt. The Council intends in adopting ordinances of a general and
permanent nature to provide for their placement in accordance with the scheme of the code. This
will provide the user with a convenience and logical compilation of the ordinances of the City.
(Ord. 87-2, 12/15/87)
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Ordinance No.
l0
1.01.002 Establishment of Municipal Code.
This code shall be known as the "Santa Clarita Municipal Code." It shall be sufficient to refer to
this code as the Santa Clarita Municipal Code in any prosecution for the violation of any
provision of this code. It shall also be sufficient to designate any ordinance adding to, amending,
or repealing provisions of this code as an addition or amendment to, or a repeal of, the Santa
Clarita Municipal Code, or a portion thereof. (Ord. 87-2, 12/15/87)
1.01.003 Contents of Code.
The Santa Clarita Municipal Code shall consist of all ordinances adopted by the City Council
which are of a general and permanent nature. An ordinance relating to any of the following
subject matters is not considered an ordinance of general and permanent nature and need not be
included within the municipal code:
A. The naming of streets or roads;
B. Granting, altering, or withdrawing franchises;
C. Levying real property tax;
D. Calling an election;
E. Annexation proceedings;
F. Interim zoning measure;
G. Zoning or rezoning a particular parcel of property; and
H. Such other ordinances of a special or particular subject matter which the Council considers
are not appropriate to a general compilation of laws of a general and permanent nature. (Ord. 87-
2, 12/15/87)
1.01.004 Outline of Code.*
A. The ordinances of the City which are of a general and permanent nature shall be organized
and grouped according to the subject matter.
B. Ordinances which are adopted from time to time shall be classified and organized under the
following scheme of titles:
General Provisions
2. Administration and Personnel
3. Revenue and Finance
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Ordinance No.
4. Franchises
5. Business Licenses
6. Consumer Protection
7. Political Reform
8. Animals
9. Health and Safety
10. Environmental Protection
11. Public Peace and Welfare
12. Vehicles and Traffic
13. Highways
14. Parks and Other Public Places
15. Utilities
16. Subdivisions
17. Zoning
18. City Building Code
19. City Electrical Code
20. City Plumbing Code
21. City Mechanical Code
22. City Fire Code
23. Neighborhood Preservation
24. City Energy Code
25. City Green Building Standards Code
(Ord. 87-2, 12/15/87; amend Ord. 91-14, 3/13/91)
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Ordinance No.
* Editor's note: This section has been editorially amended to reflect Ordinance 04-7's addition of Title 23,
Neighborhood Preservation, and Ordinance 10-16's addition of Titles 24, City Energy Code, and 25, City Green
Building Standards Code.
1.01.005 Maintenance of Code.
At least three copies of this Code, duly certified by the City Clerk, shall be maintained on file in
the office of the City Clerk as official copies of this Code. Additional copies of this Code shall
be distributed to the departments of the City as shall be prescribed by the City Manager.
Duly certified copies of each ordinance making a change in this Code shall be filed in the office
of the City Clerk in books for such purpose, duly indexed for ready reference.
At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which
changes have been made to be reproduced, including a notation as to the ordinance number and
the date pursuant to which such change is adopted. Such reprinted pages shall be distributed in
order that the loose leaf copies of this Code prepared by the use and convenience of the officers
and employees of the City and the general public may be brought up to date. (Ord. 87-2,
12/15/87)
1.01.010 Interpretation of Code and Other Ordinances.
The provisions of this Code and all proceedings under it are to be construed to effect its objects
and to promote justice.
All the provisions of this Code and all other City ordinances shall be interpreted to refer to the
appropriate or designated officer or office of the city, and whether an ordinance, uniform Code,
statute, or other matter which is adopted by reference refers to any department, officer,
employee, inspection, police, or other functions, unless the context requires otherwise, all
references shall be to the appropriate or designated office, officer, department, agency,
employee, or function of the City, or to the person or agency performing the function for the
City. (Ord. 87-2, 12/15/87)
1.01.020 Effect of Code on Past Actions and Obligations.
Neither the adoption of this Code, nor the repeal by this Code of any ordinance previously in
effect in the City or within the territory currently comprising the City, shall in any manner affect
the prosecution for the violation of any ordinance, which violation was committed prior to the
effective date of this Code, nor be construed as a waiver of any license or penalty on such
effective date due and unpaid under such ordinances, nor be construed as effecting any of the
provisions of such ordinances relating to the collection of any such license or penalty or the
penal provisions applicable to any violation of such ordinances, nor to affect the validity of any
bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all
vested rights and obligations pertaining to such ordinances shall continue in full force and effect.
(Ord. 87-2, 12/15/87)
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Ordinance No.
1.01.030 Partial Invalidity.
If any chapter, section, sentence, clause or portion of this Code is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portions thereof. (Ord. 87-2, 12/15/87)
1.01.040 Territorial Limitation.
This Code shall refer only to the omission or commission of acts within the territorial limits of
the City of Santa Clarita and that territory outside of the City over which the City has jurisdiction
or control by virtue of the Constitution, or any law, or by reason of ownership or control of
property. (Ord. 87-2, 12/15/87)
1.01.050 Local Signification.
All references in this Code to places, acts, persons or things and all else in relation to this Code
shall be construed to mean that the same are applicable to this City, whether the City is
mentioned in each particular section or not. (Ord. 87-2, 12/15/87)
1.01.100 Rules of Construction.
Unless the provisions of this Code otherwise specifically provide, or the context of this Code
indicates to the contrary, the general provisions, rules of construction, and definitions set forth in
the following sections of this chapter shall govern the construction of this Code. (Ord. 87-2,
12/15/87)
1.01.110 Effect of Headings.
The title, chapter, article, and section headings contained in this Code shall not be deemed to
govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of
any title, chapter, article, or section of this Code. (Ord. 87-2, 12/15/87)
1.01.120 Meaning of "Section" and "Subsection_"
"Section" shall mean a section of this Code, unless some other source is specifically set forth.
"Subsection" shall mean a subsection of the section in which the term occurs, unless some other
section is expressly set forth. (Ord. 87-2, 12/15/87)
1.01.130 Acts by Deputies.
Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the
power may be exercised or the duty may be performed by a deputy of such officer or employee
or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code
expressly provides otherwise. (Ord. 87-2, 12/15/87)
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1.01.140 "Writing."
"Writing" includes any form of recorded message capable of comprehension by ordinary visual
means. Whenever any notice, report, statement, or record is required or authorized by this Code,
such notice, report, statement, or record shall be made in writing in the English language, unless
this Code expressly provides otherwise. (Ord. 87-2, 12/15/87)
1.01.150 References to Ordinances: Application to Amendments.
Whenever any reference in this Code is made to an ordinance, the reference shall apply to such
ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is
made to any portion of this Code or to any ordinances of this City, the reference shall apply to all
amendments and additions to this Code. (Ord. 87-2, 12/15/87)
1.01.160 Statute of Limitations.
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring
a right to barring a remedy, or for any other purpose, has begun to run before this Code goes into
effect, the time which has already run shall be deemed a part of the time prescribed as such
limitation. (Ord. 87-2, 12/15/87)
1.01.170 Definitions.
As used in this Code, unless a different meaning is apparent from the context or is specified
elsewhere in the Code.
"Calendar year" shall mean from January 1 through December 31 of any given year.
"City" shall mean the City of Santa Clarita.
"City Manager" shall mean the appointed official of the City who occupies the position as chief
administrative officer of the City.
"Council" shall mean the City Council of the City of Santa Clarita.
"Councilmember" shall mean a person duly elected to the Council.
"County" shall mean the County of Los Angeles.
"Fiscal year" shall mean from July 1 of any given year through June 30 of the following year.
"Gender" the masculine gender shall include the feminine and neuter genders.
"Goods" shall mean and include wares and merchandise.
"May" shall be permissive.
"Month" shall mean a calendar month, unless otherwise specially expressed.
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"Number" the singular number shall include the plural, and the plural number shall include the
singular.
"Oath" shall include affirmation.
"Official time standard" wherever certain hours are named in this Code, they shall mean standard
time or daylight savings time as may be in current use in the City.
"Operate" shall mean and include carrying on, keeping, conducting, or maintaining.
"Owner" shall be applied to a building or land, shall include any part owner, joint owner, tenant,
tenant in common, or joint tenant of the whole or a part of such building or land.
"Person" shall include any person, firm, company, corporation, partnership, association, public
corporation, political subdivisions, City (except the City of Santa Clarita), the County of Los
Angeles, any district in the County of Los Angeles, the State of California, or the United States
of America, or any department or agency of any thereof, unless this Code expressly provides
otherwise.
"Personal property" shall include money, goods, chattels, things in action, and evidences of
debts.
"Police," "Police Chief' or "Chief of Police" shall mean the agency which performs the
appropriate law enforcement function for the City, and the head of the agency or division thereof
which at the time involved has responsibility for performing the police function for, or within,
the City.
"Property" shall include real and personal property.
"Quarterly" designate a period of time, shall mean the first three calendar months of any given
year or succeeding period of three calendar months.
"Real property" shall include land, tenements, and hereditaments.
"Sale" shall include any sale, exchange, barter, or offer for sale.
"Shall" shall be mandatory.
"State" shall mean the State of California.
"Street" shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares,
or other public ways in the City which have been or may hereafter be dedicated and open to
public use, or such other public property so designated in any law of the State.
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"Tenant or occupant" applied to a building or land, shall include any person who occupies the
whole or a part of such building or land, whether alone or with others.
"Tense" the present tense shall include the past and future tense, and the future tense shall
include the present tense.
Words and phrases not defined in this Code are construed according to the approved usage of the
language, or, when appropriate, by reference to definitions contained in State or Federal law.
(Ord. 87-2, 12/15/87)
1.01.200 Aiding and Abetting.
Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting,
aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 87-2, 12/15/87)
1.01.210 Violations Public Nuisances.
A. In addition to other penalties provided by law, any condition caused or permitted to exist in
violation of any provision of this code, or any such threatened violation, shall be deemed a public
nuisance and may be summarily abated as such by the City,
B. Also, any such violation or threatened violation as referred to in subsection (A) of this
section, or any condition caused or permitted to exist in violation of any of the provisions of any
code adopted by reference by this code, or of the provisions of any other City ordinance, shall be
deemed a public nuisance which may be abated by the City Attorney in a civil judicial action.
(Ord. 87-2, 12/15/87)
1.01.220 Nuisances: Recovery of Abatement Expenses.
A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as
referred to in Section 1.01.210, or other public nuisance, as defined under State law or other
ordinance of regulation, has been given notice, by or on behalf of the City Attorney or by any
other City officer, employee or policing agent authorized to give such notice, to abate such
nuisance or cease and desist from continuing such nuisance or violation of law, and such person
who was given notice fails, refuses, or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then within a time reasonably sufficient to
enable such compliance, such noncomplying person may be liable to the City for any and all
costs and expenses to the City involved in thereafter abating the nuisance and in obtaining
compliance with or enforcing the law as referred to or encompassed in the said notice.
B. Costs and expenses, as referred to in subsection (A) of this section, may include, but are not
limited to, any and all direct costs and expenses related to such things as personnel salaries and
benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or
expenses, including attorneys' fees, claims against the City arising as a consequence of the
nuisance or violation, and procedures associated with collecting moneys due hereunder.
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C. The provisions of subsection (A) of this section shall also apply to any person who received
a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person
subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D. Pursuant to Government Code section 38773.5, in any action, administrative proceeding, or
special proceeding brought to abate a public nuisance, the prevailing party will be entitled to
recover attorneys' fees, provided that attorneys' fees will only be available in those actions or
proceedings in which the city has provided notice at the commencement of such action or
proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding
shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the
City in the action or proceeding.
E. The liability of any person for the payment of the costs and expenses provided for in
subsection (A) of this section may be waived in whole or in part by the City Attorney in any case
wherein he determines, in his sole discretion, that the failure or refusal of such persons to comply
with the notice therein involved was based upon a good faith and bona fide issue of law or fact
specifically involved in the circumstances of the case. Any determination or decision of the City
Attorney in this regard shall be final and conclusive and shall not be subject to appeal as
prescribed in Chapter 2.04 of this code.
F. Moneys due to the City pursuant to this section may be recovered in an appropriate civil
action. Alternatively, such liability may be enforced by special assessment proceedings against
the parcel of land upon which the nuisance existed, which proceedings may be conducted in a
manner substantively similar to proceedings described in Section 39574 et seq. of the
Government Code of the State relating to weed abatement assessments. (Ord. 87-2, 12/15/87;
Ord. 08-1, 2/12/08; Ord. 08-3 § 1, 3/11/08)
1.01.230 Violation of Administrative Provisions.
The violation of, or the failure or omission to perform in accordance with, any administrative
provision of this code by any officer or employee of the City shall generally not be considered a
criminal act, but may be deemed a failure to perform the duties or to observe the rules or
regulations of the department, office, commission or board within the meaning of the civil
service ordinances and rules and regulations of the City, if applicable. (Ord. 87-2, 12/15/87)
1.01.240 Notices—Service.
Whenever a notice is required to be given, or may be given, under any provision of this code or
any provision of any code adopted by reference by this code or any provision of any ordinance or
resolution of the City not included within this code, such notice may be given as herein provided.
Unless different or special provisions are otherwise specifically made in this code or in some
other applicable enactment, any such notice may be given either by personal delivery thereof to
the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage
prepaid, addressed to such person to be notified, at the person's last known business address as
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the same appears in the public records or other records pertaining to the matters to which such
notice is directed. Service by mail shall be deemed to have been completed at the time of deposit
in the post office or in the official receptacle thereof. (Ord. 87-2, 12/15/87)
1.01.250 Notices—Proof.
Proof of giving any notice may be made by the certificate of any officer or employee of this City
or by the affidavit or declaration under penalty of perjury of any person over the age of eighteen
(18) years, which shows service in conformity with this code or other provisions of law
applicable to the subject matter concerned. (Ord. 87-2, 12/15/87)
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Chapter 3.12
PURCHASES
Sections:
3.12.010 Adoption of Purchasing System.
3.12.020 Repealed.
3.12.025 Purchasing Officer.
3.12.030 Purchasing Agent.
3.12.040 Purchasing Regulations.
3.12.050 Exemptions from Centralized Purchasing.
3.12.060 Estimates of Requirements.
3.12.070 Requisitions.
3.12.080 Repealed.
3.12.090 Encumbrance of Funds.
3.12. 100 Inspection and Testing.
3.12.110 Bidding.
3.12.120 Formal (Sealed) Bid Procedures.
3.12.130 Notice Inviting Formal Bids.
3.12.140 Published Notice for Formal Bids.
3.12.150 Repealed.
3.12.160 Repealed.
3.12.170 Bidder's Security.
3.12.175 Other Formal Bond Requirements.
3.12.180 Formal Bid Opening Procedure.
3.12.190 Rejection of Formal Bids.
3.12.200 Award of Formal Bid Contracts.
3.12.205 Support of Santa Clarita Businesses.
3.12.210 Tie Formal Bids.
3.12.215 No Formal Bids.
3.12.230 Open Market or Quote Procedure.
3.12.240 Minimum Number of Quotes.
3.12.250 Notice Inviting Quotes.
3.12.260 Record of Quotes.
3.12.270 Exceptions to Competitive Bidding Requirement.
3.12.280 Regulations Regarding Selection of Professional Services.
3.12.300 Surplus Supplies and Equipment.
3.12.310 Surplus Supplies—Trade-ins.
3.12.320 Surplus Supplies—Sale.
3.12.330 Surplus Supplies—Donations.
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3.12.010 Adoption of Purchasing System.
In order to establish efficient procedures for the purchase of supplies and equipment at the lowest
possible cost commensurate with quality needed, to exercise positive financial control over purchases, to
clearly define authority for the purchasing function, and to assure the quality of purchasing, a purchasing
system is adopted. The procedures established in Sections 3.12.050 through 3.12.270 do not apply for
the purchase of supplies and equipment for public works projects covered under Chapter 3.14. (Ord. 87-
2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 09-6 § 1, 5/26/09)
3.12.020 Repealed.
(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)
3.12.025 Purchasing Officer.
There is created the position of Purchasing Officer, who shall be the City Manager. The Purchasing
Officer (or designee) may authorize and execute all documents relating to procurement as set forth in the
City of Santa Clarita Purchasing Policy. (Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 98-15, 6/23/98)
3.12.030 Purchasing Agent.
There is created the position of Purchasing Agent, who shall report to the Director of Administrative
Services and/or his/her designee. The Purchasing Agent shall have the authority to:
A. Purchase or contract for supplies and equipment required by any using agency in accordance with
purchasing procedures prescribed by this chapter, such administrative regulations as the Purchasing
Agent shall adopt for the internal management and operation of the purchasing function, and such other
rules and regulations as shall be prescribed by the City Council or the City Manager,
B. Negotiate and recommend execution of contracts for the purchase of supplies, services and
equipment.
C. Act to procure for the City the needed quality in supplies, services, and equipment.
D. Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all
purchases.
E. Through the Director of Administrative Services and the City Manager, prepare and recommend to the
City Council rules governing the purchase of supplies, services, and equipment for the City.
F. Prepare and recommend revisions and amendments to the purchasing rules.
G. Keep informed of current developments in the field of purchasing, prices, market conditions and new
products.
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H. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and
other rules and regulations.
I. Maintain a vendors list, vendors catalog file, and records needed for the efficient operation of the
purchasing division. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 98-5, 6/23/98;
Ord. 04-5 § 1, 6/8/04; Ord. 09-6 § 2, 5/26/09)
3.12.040 Purchasing Regulations.
The Purchasing Agent shall be responsible for determining that the regulations and procedures in
Sections 3.12.050 through 3.12.330 are carried out. (Ord. 87-2, 12/15/87; Ord. 09-6 § 3, 5/26/09)
3.12.050 Exemptions from Centralized Purchasing.
The City Manager may authorize, in writing, any department to purchase specified supplies, services and
equipment independently of the Purchasing Division, but he shall require that such purchases shall be
made in conformity with the procedures established by this chapter and shall further require periodic
reports from the department on the purchases made under such written authorization. (Ord. 87-2,
12/15/87, Ord. 09-6 § 4, 5/26/09)
3.12.060 Estimates of Requirements.
All using departments shall file detailed estimates of their requirements in supplies and equipment in such
manner, at such time, and for such future periods as the Purchasing Agent shall prescribe. (Ord. 87-2,
12/15/87)
3.12.070 Requisitions.
Using departments shall submit requests for supplies, services, and equipment to the Purchasing Agent
by standard requisition form, or by other means as may be established by the purchasing rules and
regulations. Except as provided herein, no requisition form shall be processed unless the prior approval of
the Purchasing Agent or designee has been obtained. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 09-6
§ 5, 5/26/09)
3.12.080 Repealed.
(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)
3.12.090 Encumbrance of Funds.
Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for supplies or
equipment unless there exists an unencumbered appropriation in the fund account against which said
purchase is to be charged. (Ord. 87-2, 12/15/87)
3.12.100 Inspection and Testing.
The Purchasing Agent shall, in his discretion, inspect supplies, services, and equipment delivered to
determine their conformance with the specifications set forth in the order. The Purchasing Agent shall
have authority to require chemical and physical tests of samples submitted with bids and samples of
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deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 87-2,
12/15/87; Ord. 09-6 § 6, 5/26/09)
3.12.110 Bidding.
Purchases of supplies, equipment and services (other than professional) shall be by bid procedures
pursuant to Sections 3.12.120 through 3.12.260. Bidding may be dispensed with only under certain
conditions stated in Section 3.12.270. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95)
3.12.120 Formal (Sealed) Bid Procedures.
Except as otherwise provided herein or as set forth in the City of Santa Clarita Purchasing Policy,
purchases of supplies, equipment and services (other than professional) shall be awarded to the lowest
responsive, responsible bidder, or most qualified bidder if the multiple criteria award process is followed,
pursuant to the formal bid procedures described in Sections 3.12.200 and 3.12.205 hereinafter
prescribed. Formal bids as used in this context includes any solicitation following the procedures
prescribed below including, but not limited to, invitations to bid and requests for proposal. (Ord. 87-2,
12/15/87; Ord. 89-8, 3/14/89; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-5 § 2, 6/8/04; Ord. 04-12 §
1, 8/24/04; Ord. 07-2 § 1, 3/13/07)
3.12.130 Notice Inviting Formal Bids.
Notices inviting formal bids shall include a general description of the article or service desired, shall state
where bid documents and specifications may be secured and the time and place for opening bids. (Ord.
87-2, 12/15/87)
3.12.140 Published Notice for Formal Bids.
Notices inviting formal bids shall be published at least ten (10) days prior to the date of opening of the
bids. Notices shall be published at least twice in a newspaper of general circulation in the City and/or
published on the City's website. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 09-6 § 7, 5/26/09)
3.12.150 Repealed.
(Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95)
3.12.160 Repealed.
(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)
3.12.170 Bidder's Security.
Where deemed necessary by the Purchasing Agent, formal bids shall be accompanied by security, either
cash, cashier's check, certified check or surety bond, in a sum equal to ten percent (10%) of the total
aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return
of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or
failure to execute the contract within ten (10) days after the notice of award of contract has been mailed,
unless the City is solely responsible for the delay in executing the contract. The City Council, or
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Purchasing Officer (or designee) for bid amounts as set forth in the City of Santa Clarita Purchasing
Policy, may, on refusal or failure of the successful bidder to execute the contract, award it to the next
lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise.
(Ord. 87-2, 12/15/87; Ord. 89-8, 3/14/89; Ord. 09-6 § 8, 5/26/09)
3.12.175 Other Formal Bond Requirements.
The City Council shall have authority to require a faithful performance bond or other bonds before
entering into a contract pursuant to this chapter. If bonds are required, the form and amount thereof shall
be designated in the notice inviting bids. (Ord. 87-2, 12/15/87; Ord. 89-8, 3/14/89)
3.12.180 Formal Bid Opening Procedure.
Sealed bids shall be identified as "bids' on the envelope. The Purchasing Agent, or designee, shall
publicly open all bids at the time and place stated in the public notices. Electronic bids may be conducted
in accordance with procedures established by the Purchasing Agent. Such procedures shall require, at a
minimum, that electronic bids will be received only into an electronic time -locked box that may only be
accessed by the Purchasing Agent, or designee, on the date and time specified in the bid. A tabulation of
all bids received shall be available for public inspection in the purchasing office during regular business
hours for a period of not less than thirty (30) calendar days after the bid opening. (Ord. 87-2, 12/15/87;
Ord. 93-3, 2/9/93; Ord. 04-5 § 3, 6/8/04)
3.12.190 Rejection of Formal Bids.
In its discretion, the City Council or Purchasing Officer (or designee), for bid amounts as set forth in the
City of Santa Clarita Purchasing Policy, may reject any and all bids presented and may cause
readvertising for bids pursuant to the procedure hereinabove prescribed. However, when incomplete bids
are received, a defect in the solicitation of bidding process is identified after the bid opening, all bids
exceed the authorized budgeted amount, or if the products or services are no longer required, the
Purchasing Officer (or designee) may authorize rejection of all bids and, if appropriate, authorize
rebidding based upon the original specifications or as they may be modified, in accordance with
procedures prescribed herein. (Ord. 87-2, 12/15/87; Ord. 07-2 § 2, 3/13/07; Ord. 09-6 § 9, 5/26/09)
3.12.200 Award of Formal Bid Contracts.
Except as otherwise provided herein, formal bid contracts exceeding the Purchasing Officer's Authority as
provided in the City of Santa Clarita Purchasing Policy shall be awarded by the City Council as set forth in
the City of Santa Clarita Purchasing Policy to the lowest responsive, responsible bidder or most qualified
bidder if the multiple criteria award process is followed. Formal bid contracts below the threshold set forth
in the City of Santa Clarita Purchasing Policy, may be awarded by the Purchasing Officer (or designee)
subject to the application of Section 3.12.205. The determination of"lowest responsive, responsible
bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented
by the Purchasing Officer (or designee) at the time of award of contracts.(Ord. 87-2, 12/15/87; Ord. 93-3,
2/9/93; Ord. 95-10, 11/28/95; Ord. 98-15, 6/23/98; Ord. 04-5 § 4, 6/8/04; Ord. 04-12 § 2, 8/24/04; Ord. 07-
2 § 3, 3/13/07)
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3.12.205 Support of Santa Clarita Businesses.
A. Should the bidder that submits the lowest responsive bid or quote and would otherwise normally
qualify to receive the bid pursuant to Sections 3.12.120, 3.12.200 and 3.12.230 of the City of Santa
Clarita Municipal Code not be a Santa Clarita business as defined herein, the lowest bid or quote
submitted by a Santa Clarita business that is within ten percent (10%) of the lowest bid or quote, whether
or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the bidder
agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within one (1) business
day, and providing that the Purchasing Officer, or designee, determines that said Santa Clarita bidder is a
responsible bidder submitting a bid or quote that is responsive to the City's specifications, terms, and
conditions and the application of this section is appropriate.
B. If the lowest Santa Clarita bidder within ten percent (10%) of the lowest bid or quote does not elect to
reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Santa Clarita
bidder shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above,
providing that this bidder is also within ten percent (10%) of the lowest bid or quote that has been deemed
responsive.
C. To qualify as a Santa Clarita bidder, the bidder must have a physical presence within the Santa Ciarita
City limits by maintaining a permanent office, factory, or other facility carried on the business records with
at least one (1) employee of the company operating out of said facility. The Purchasing Officer, or
designee, is hereby granted the authority to finally determine if the bidder qualifies as a Santa Clarita
bidder as set forth herein. The Purchasing Officer, or designee, may take into account the permanency of
the business in Santa Clarita, and whether the business appears to be claiming to be a Santa Clarita
business solely or primarily to qualify for the contract award, and any other material factors.
D. This support of local business policy shall only apply to supplies, material, nonprofessional services,
and equipment required for the conduct of City business, except where prohibited by state or federal law,
and it shall only apply to purchases and contracts in amounts set forth in the City of Santa Clarita
Purchasing Policy.
E. No contract awarded to a Santa Clarita business under this section shall be assigned or subcontracted
in any manner that permits more than fifty percent (50%) or more of the dollar value of the contract to be
performed by an entity that is not a Santa Clarita business as defined herein.
F. Solicitations for bids or quotes must include notice of this section. (Ord. 04-12 § 3, 8/24/04; Ord. 05-15
§ 3, 9/13/05; Ord. 09-6 § 10, 5/26/09)
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3.12.210 Tie Formal Bids.
If two (2) or more formal bids received are for the same total amount or unit price, quality and service
being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council, or
Purchasing Officer (or designee) for bid amounts set forth in the City of Santa Clarita Purchasing Policy,
may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with
the tie bidders at the time of the bid opening or award of contract. (Ord. 87-2, 12/15/87; Ord. 04-12 § 4,
8/24/04)
3.12.215 No Formal Bids.
When no formal bids or no responsive bids are received, the Purchasing Officer or designee is authorized
to negotiate for written proposal, and his recommendation shall be presented to the City Council and
award, if any, shall be made in accordance with applicable provisions prescribed herein. (Ord. 87-2,
12/15/87; Ord. 93-3, 2/9/93)
3.12.230 Open Market or Quote Procedure.
Purchases of supplies, equipment, and services (other than professional) in estimated amounts set forth
in the City of Santa Clarita Purchasing Policy, may be made by the Purchasing Agent in the open market
pursuant to the procedure prescribed in Sections 3.12.240 through 3.12.260 and without observing the
procedure prescribed in Sections 3.12.120 through 3.12.215; provided, however, all quoting may be
dispensed with for purchases of supplies and equipment in estimated amounts set forth in the City of
Santa Clarita Purchasing Policy. Quotes as used in this context include any solicitation following the
procedures described below including, but not limited to, requests for quote and requests for proposal..
(Ord. 87-2, 12/15/87; Ord. 88-33, 7/28/88; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-5 § 5, 6/8/04;
Ord. 04-12 § 5, 8/24/04; Ord. 09-6 § 11, 5/26/09)
3.12.240 Minimum Number of Quotes.
Open market purchases shall, wherever possible, be based on at least three (3) quotes, and shall be
awarded to the quoter offering the most advantageous quote to the City after consideration of price,
quality, durability, servicing, delivery time, standardization, and other factors subject to the application of
Section 3.12.205. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 04-12 § 6, 8/24/04)
3.12.250 Notice Inviting Quotes.
The Purchasing Agent shall solicit quotes by written and/or electronic requests to prospective vendors, or
by telephone, or by public notice posted on a public bulletin board at the City offices. (Ord. 87-2,
12/15/87; Ord. 95-10, 11/28/95; Ord. 04-5 § 6, 6/8/04)
3.12.250 Record of Quotes.
The Purchasing Agent shall keep a written record of all purchases as set forth in the City of Santa Clarita
Purchasing Policy, whether accomplished by formal bid (Sections 3.12.120 through 3.12.215), quote
(Sections 3.12.230 and 3.12.270), or through no bid at all (Sections 3.12.230 and 3.12.270). All records
so kept shall be available for public inspection and shall be subject to destruction in accordance with the
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City's retention schedule. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-12 § 7,
8/24/04)
3.12.270 Exceptions to Competitive Bidding Requirement.
Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and
requirements may be dispensed with in any of the following instances:
A. When the estimated amount involved is less than the threshold set forth in the City of Santa Clarita
Purchasing Policy.
B. When the commodity can be obtained from only one (1) vendor.
C. The City Manager and/or his/her designee may authorize the purchase of materials, supplies,
equipment, and services where an emergency is deemed to exist and it is determined that service
involving the public health, safety, or welfare would be interrupted if the normal procedure were followed.
All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to
this section shall be submitted to the City Council for ratification at the next regular Council meeting after
the purchase is authorized.
D. The formal bid process is waived for the purchase of information technology goods or services which
may be acquired through the quote procedures described in Sections 3.12.230 through 3.12.260.
E. Any agreement involving acquisition of supplies, equipment, or service entered into with another
governmental entity.
F. Any request to waive competition for a procurement not covered by the exceptions herein must be
approved by the City Council. In the event the City Council finds that it is in the public interest and
necessity to purchase supplies, equipment, or services without compliance with the formal contract
procedures set forth in this section, the City Council may waive such procedures by declaring so in a
motion or resolution. (Ord. 87-2, 12/15187; Ord. 88-33, 7/28/88; Ord. 90-25; 9/11/90; Ord. 93-3, 2/9/93;
Ord. 95-10, 11/28/95; Ord. 04-5 § 7, 6/8/04; Ord. 04-12 § 8, 8/24/04; Ord. 05-15 §§ 1, 2, 9/13/05, Ord. 09-
6 § 12, 5/26/09)
3.12.280 Regulations Regarding Selection of Professional Services.
The City Council shall, by resolution, prescribe procedures, rules and regulations governing the
solicitation, selection and award of proposals or bids for the furnishing of professional or consulting
services, the contracts for which may be awarded without observing the bidding procedures provided for
in this chapter. Such procedures, rules and regulations shall have as one (1) purpose the obtaining of
professional services of the highest quality together with cost-effectiveness. (Ord. 87-2, 12/15/87, Ord.
95-10, 11/28/95)
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3.12.300 Surplus Supplies and Equipment.
All using departments shall submit to the Purchasing Agent, at such times and in such forms as he shall
prescribe, reports showing all supplies and equipment which are no longer used or which have become
obsolete and worn out. (Ord. 87-2, 12/15/87)
3.12.310 Surplus Supplies—Trade-ins.
The Purchasing Agent shall have authority to exchange for, or trade in on, new supplies and equipment,
all supplies and equipment unsuitable for City use. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)
3.12.320 Surplus Supplies—Sale.
The Purchasing Officer or designee shall also have authority to dispose of surplus supplies or equipment
by auction or by sale or otherwise after receiving bids or proposals which, in his judgment, provide the
maximum return to the City. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)
3.12.330 Surplus Supplies—Donations.
The Purchasing Officer or designee shall have authority to dispose of surplus supplies or equipment by
donation to local schools or nonprofit organizations when the estimated market value of such surplus is
less than the threshold amount set forth in City of Santa Clarita Purchasing Policy (Ord. 04-5 § 8, 6/8/04)
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EXHIBIT C
Chapter 10.06
FLOOD PLAIN MANAGEMENT
Sections:
10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods.
10.06.020 Definitions.
10.06.030 General Provisions.
10.06.040 Administration.
10.06.050 Provisions for Flood Ham d Reduction.
10.06.060 Variance Procedure.
10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods.
A. Statutory Authorization. The Legislature of the State of California has in Government Code
Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its citizenry.
Therefore, the City Council of the City of Santa Clarita does hereby adopt the following
floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the City of Santa Clarita are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed or
protected from flood damage. The cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities also contribute to flood losses.
C. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety
and general welfare and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to all
publicly and privately owned land within flood prone areas. These regulations are designed to:
Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
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4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by flood
damage;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this chapter
includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or flood heights
or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and natural protective
barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging and other development which may increase flood
damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
6. These regulations take precedence over any less restrictive conflicting local laws,
ordinances and codes. (Ord. 08-11 § 2, 8/26/08)
10.06.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter it's most
reasonable application.
A Zone. See "Special flood hazard area."
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"Accessory structure" means a structure that is either:
1. Solely used for the parking of no more than two (2) cars, with an interior clear space of
no more than four hundred (400) square feet, or
2. A small, low-cost shed for limited storage, no greater than one hundred fifty (150)
square feet and one -thousand five -hundred dollars ($1,500) in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit of
boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by
flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high
velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow
may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. See "Special flood hazard area."
"Base flood" means a flood which has a one percent (1%) chance of being equaled or exceeded
in any given year (also called the "one hundred (100) year flood"). "Base flood" is the term used
throughout this chapter.
"Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate Map for
zones AE, AH, Al -30, VE and VI -30 that indicates the water surface elevation resulting from a
flood that has a one percent (I%) or greater chance of being equaled or exceeded in any given
year.
"Basement" means any area of the building having its floor subgrade, i.e., below ground level,
on all sides.
Building. See "Structure."
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"Development" means any manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures, development or any other obstruction into a floodplain which
may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before April 25, 1980.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
"Flood, flooding, or floodwater" means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood
hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
"Floodplain" or "flood -prone area" means any land area susceptible to being inundated by water
from any source. See "Flood."
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"Floodplain Administrator" is the community official designated by title to administer and
enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
flood -prone areas. This term describes federal, State or local regulations in any combination
thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. For guidelines on dry and
wet floodproofing, see FEMA Technical Bulletins TB 1, TB 3-93, and TB 7-93 and all
subsequent revisions.
"Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.
"Floodway fringe" is that area of the floodplain on either side of the regulatory floodway where
encroachment may be permitted.
"Fraud and victimization," as related to Section 10.06.060, Variance Procedure, of this chapter,
means that the variance granted must not cause fraud on or victimization of the public. In
examining this requirement, the City Council will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of the community for fifty (50)
to one hundred (100) years. Buildings that are permitted to be constructed below the base flood
elevation are subject during all those years to increased risk of damage from floods, while future
owners of the property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition, future owners may
purchase the property unaware that it is subject to potential flood damage, and can be insured
only at very high flood insurance rates.
"Governing body" is the Santa Clarita City Council that is empowered to adopt and implement
regulations to provide for the public health, safety, and general welfare of its citizenry.
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"Hardship," as related to Section 10.06.060, Variance Procedure, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance. The
governing body requires that the variance be exceptional, unusual, and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
Individually listed on Table OS -3, Historic Resources, in the Open Space and
Conservation Element of the City's General Plan;
4. Individually listed on a State inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
5. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved State program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in
states with approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control or divert the flow of water so
as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accord with sound engineering practices.
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"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"basement" definition).
1. An unfinished or flood -resistant enclosure below the lowest floor that is usable solely
for parking of vehicles, building access or storage in an area other than a basement area is
not considered a building's lowest floor, provided it conforms to applicable nonelevation
design requirements, including, but not limited to:
a. The flood openings standards in Section 10.06.050(A)(3)(c).
b. The anchoring standards in Section 10.06.050(A)(1).
c. The construction materials and methods standards in Section 10.06.050(A)(2).
d. The standards for utilities in Section 10.06.050(B).
2. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see "basement" definition). This prohibition includes below -
grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a recreational
vehicle.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
"Market value" shall be determined by estimating the cost to replace the structure in new
condition and adjusting that cost figure by the amount of depreciation which has accrued since
the structure was constructed. The cost of replacement of the structure shall be based on a square
footage cost factor determined by reference to a building cost estimating guide recognized by the
building construction industry and shall not include any improvements not physically attached to
the structure. The amount of depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as approved by the Floodplain
Administrator, but shall not include economic or other forms of external obsolescence. Use of
replacement costs or accrued depreciation factors different from those contained in recognized
building cost estimating guides may be considered only if such factors are included in a report
prepared by an independent certified appraiser and supported by a written explanation of the
differences.
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"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or
other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map
are referenced.
"New construction" for floodplain management purposes, means structures for which the "start
of construction" commenced on or after April 25, 1980, and includes any subsequent
improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after April 25,
1980.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
One Hundred (100) Year Flood. See "Base flood."
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance," as related to Section 10.06.060, Variance Procedure, of this
chapter, means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of persons,
or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
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3
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1) foot.
"Remedy a violation" means to bring the structure or other development into compliance with
State or local floodplain management regulations, or, if this is not possible, to reduce the impacts
of its noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of the
chapter or otherwise deterring future similar violations, or reducing State or federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Sheet Flow Area" see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent
(1%) or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone
A, AO, Al -A30, AE, A99 or AH.
"Start of construction" includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one
hundred eighty (180) days from the date of the permit. The "actual start" means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a
gas or liquid storage tank or a manufactured home.
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"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed fifty percent (50%)
of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed
new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the
market value of the structure before the start of construction of the improvement. This term
includes structures which have incurred substantial damage, regardless of the actual repair work
performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or State or
local health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions; or
2. Any alteration of a historic structure; provided, that the alteration will not preclude the
structure's continued designation as a historic structure.
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with this
chapter. A structure or other development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur. (Ord. 97-11, 7/8/97; Ord. 08-11
§ 2, 8/26/08. Formerly 10.06.010.)
10.06.030 General Provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Santa Clarita.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FIS) for the City of Santa Clarita dated September 29, 1989, with accompanying Flood
Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs) and all
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subsequent amendments and/or revisions and the Los Angeles County Floodway Maps dated
May of 1980 through August of 1985 are hereby adopted by reference and declared to be a part
of this chapter. This FIS and attendant mapping are the minimum area of applicability of this
chapter and may be supplemented by studies for other areas which allow implementation of this
chapter and which are recommended to the City Council by the Floodplain Administrator. The
Los Angeles County Floodway Maps shall apply in areas of the City where the FIRMS do not
identify floodway areas. Where the FIRMs do identify floodway areas, the FIRMs shall govern.
The study, FIRMS, Los Angeles County Floodway Maps and FBFMs are on file at the Office of
Public Works at 23920 Valencia Boulevard, Suite 140, Santa Clarita, California 91355.
C. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter and other applicable
regulations. Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor, and shall also be
considered a municipal code violation subject to fines and penalties as provided for in Chapter
23.20 of the Santa Clarita Municipal Code. Nothing herein shall prevent the City Council from
taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the City of Santa Clarita, City
Council, or any officer or employee thereof, the State of California or the Federal Emergency
Management Agency for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
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G. Severability. This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the chapter as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid. (Ord. 97-11, 7/8/97; Ord. 08-11
§ 2, 8/26/08. Formerly 10.06.020.)
10.06.040 Administration.
A. Designation of the Floodplain Administrator. The Director of Public Works is hereby
appointed to administer, implement, and enforce this chapter by granting or denying
development permits in accord with its provisions.
B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities
of the Floodplain Administrator shall include, but not be limited to, the following:
Permit Review. Review all floodplain area development permits to determine that:
a. Permit requirements of this chapter have been satisfied, including determination
of substantial improvement and substantial damage of existing structures;
b. All other required State and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not been
designated. This means that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one (1) foot at any point within
the City of Santa Clarita; and
e. All letters of map revision (LOMRs) for flood control projects are approved prior
to the issuance of building permits. Building permits must not be issued based on
conditional letters of map revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation as specified in
the "start of construction" definition.
2. Development of Substantial Improvement and Substantial Damage Procedures.
a. Using FEMA publication FEMA 213, "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and administering
requirements for substantial improvement and substantial damage, to include defining
"market value."
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b. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
c. Any reconstruction, rehabilitation or additions to existing permitted structures
constructed not compliant to the provisions of this chapter must be evaluated to
determine if the proposed scope of work exceeds the "substantial improvement' or
"substantial damage" threshold. An analysis based on the current City policy must be
submitted to, and approved by, the Public Works Department prior to the issuance of
building permits.
3. Review, Use and Development of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 10.06.030(B), the Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal or State agency, or other source, in order to
administer Section 10.06.050. Any such information shall be submitted to the City Council
for adoption.
Note: A base flood elevation may be obtained using one (1) of two (2) methods from the FEMA publication
FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and
Developing Base (100 -Year) Flood Elevations" dated July 1995.
4. Notification of Other Agencies.
a. Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
ii. Submit evidence of such notification to the Federal Emergency Management
Agency; and
iii. Assure that the flood -carrying capacity within the altered or relocated
portion of said watercourse is maintained.
b. Base flood elevation changes due to physical alterations:
i. Within six (6) months of information becoming available or project
completion, whichever comes first, the Floodplain Administrator shall submit or
assure that the permit applicant submits technical or scientific data to FEMA for
a letter of map revision (LOMR).
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ii. All LOMRs for flood control projects are approved prior to the issuance of
building permits. Building permits must not be issued on conditional letters of
map revisions (CLOMRs). Approved CLOMRs allow construction of the
proposed flood control project and land preparation as specified in the "start of
construction" definition.
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
c. Changes in corporate boundaries:
i. Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the
community clearly delineating the new corporate limits.
5. Documentation of Floodplain Developments. Obtain and maintain for public
inspection and make available as needed the following:
a. Certification required by Sections 10.06.050(A)(3)(a) and 10.06.050(D) (lowest
floor elevations);
b. Certification required by Section 10.06.050(A)(3)(b) (elevation or floodproofing
of nonresidential structures);
c. Certification required by Sections 10.06.050(A)(3)(c) (wet floodproofing
standard);
d. Certification of elevation required by Section 10.06.050(C)(1)(c) (subdivision
standards); and
e. Certification required by Section 10.06.050(F)(2) (floodway encroachments).
6. Map Determinations. Make interpretations where needed as to the exact location of the
boundaries of the areas of special flood hazard, for example, where there appears to be a
conflict between a mapped boundary and actual field conditions. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in subsection (E) of this section.
Remedial Action. Take action to remedy violations of this chapter as specified in
Section 10.06.030(C).
8. Biennial Report. Complete and submit biennial report to FEMA.
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9. Planning. Assure community's General Plan is consistent with floodplain management
objectives herein.
C. Development Permit. A development permit shall be obtained before any construction or
other development, including manufactured homes, within any area of special flood hazard
established in Section 10.06.030(B). Application for a development permit shall be made on
forms furnished by the City of Santa Clarita. The applicant shall provide the following minimum
information:
Plans in duplicate, drawn to scale, showing:
a. Location, dimensions and elevation of the area in question, existing or proposed
structures, existing or proposed fences/walls, storage of materials and equipment and
their location;
b. Proposed locations of water supply, sanitary sewer and other utilities;
c. Grading information showing existing and proposed contours, any proposed fill
and drainage facilities;
d. Location of the regulatory floodway when applicable;
e. Base flood elevation information as specified in Section 10.06.030(B) or
subsection (B)(3) of this section;
f. Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all structures; and
g. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 10.06.050(A)(3)(b) and detailed
in FEMA Technical Bulletin TB 3-93.
2. Certification from a registered professional civil engineer or licensed land surveyor
that the nonresidential floodproofed building meets the floodproofing criteria in Section
10.06.050(A)(3)(b).
3. For a crawl -space foundation, location and total net area of foundation openings as
required in Section 10.06.050(A)(3)(c) and detailed in FEMA Technical Bulletins TB 1,
TB 7-93, and all subsequent revisions.
4. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
5. All appropriate certifications listed in subsection (B)(5) of this section
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D. Work commencing before permit issuance. Any person who commences any manmade
change to improved or unimproved property, including but not limited to buildings or other
structures, fences/walls, mining, dredging, filling, grading, paving, excavation or drilling
operations, storage of equipment or materials or any other "obstruction" as defined in Section
10.06.020 of this chapter, for which a permit is required by this code before obtaining the
necessary permits, shall be subject to an investigation fee whether or not a permit is then or
subsequently issued. The investigation fee shall be equal to twice the amount of the review fee.
Payment of such fee shall not exempt any person from compliance with all other provisions of
this code nor from any other penalty prescribed by law.
E. Appeals. The City Council of the City of Santa Clarita shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this chapter. Appeals to the City Council
shall be in accordance with Chapter 2.04 of the Municipal Code of the City of Santa Clarita.
(Ord. 97-11, 7/8/97; Ord. 08-11 § 2, 8/26/08. Formerly 10.06.030.)
10.06.050 Provisions for Flood Hazard Reduction.
A. Standards of Construction. In all areas of special flood hazards the following standards are
required:
1. Anchoring. All new construction and substantial improvements of structures,
including manufactured homes, shall be adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2. Construction Materials and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall be constructed:
a. With flood -resistant materials as specified in FEMA Technical Bulletin TB 2 and
all subsequent revisions and utility equipment resistant to flood damage for all areas
below the level of the base flood elevation plus one (1) foot;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding; and
d. Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed structures.
3. Elevation and Floodproofing. (See definitions for "basement," "lowest floor," "new
construction," "substantial damage" and "substantial improvement.")
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a. Residential Construction. All new construction or substantial improvements of
residential structures shall have the lowest floor, including basement:
i. In AE, AH, Al -A30 Zones, elevated to at least one (1) foot above the base
flood elevation;
ii. In an AO Zone, elevated above the highest adjacent grade to a height
exceeding the depth number specified in feet on the FIRM by at least one (1)
foot, or elevated at least three (3) feet above the highest adjacent grade if no
depth number is specified; and
iii. In an A Zone, without BFEs specified on the FIRM (unnumbered A zone),
elevated at least one (1) foot above the base flood elevation, as determined by
Section 10.06.040(B)(3).
Upon the completion of the structure, the elevation of the lowest floor, including
basement, shall be certified by a registered civil engineer or licensed land surveyor,
and verified by the community building inspector to be properly elevated. Such
certification and verification shall be provided to the Floodplain Administrator.
b. Nonresidential Construction. All new construction or substantial improvements of
nonresidential structures shall either be elevated to conform with subsection (A)(3)(a)
of this section or:
i. Be floodproofed, together with attendant utility and sanitary facilities, below
the elevation recommended under subsection (A)(3)(a) of this section, so that the
structure is watertight with walls substantially impermeable to the passage of
water;
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered professional civil engineer or licensed land
surveyor that the standards of subsection (A)(3)(b)(i) and (ii) of this section are
satisfied. Such certification shall be provided to the Floodplain Administrator.
c. Flood Openings. All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding basements) that are usable
solely for parking of vehicles, building access or storage, and which are subject to
flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs for meeting
this requirement must exceed the following minimum criteria:
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i. For non -engineered openings:
(A) Have a minimum of two (2) openings on different sides having a total
net area of not less than one (1) square inch for every one (1) square foot of
enclosed area subject to flooding;
(B) The bottom of all openings shall be no higher than one (1) foot above
grade;
(C) Openings may be equipped with screens, louvers, valves or other
coverings or devices; provided, they permit the automatic entry and exit of
flood water; and
(D) Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
ii. Be certified by a registered professional civil engineer or architect.
d. Manufactured Homes.
i. Manufactured homes located outside of manufactured home parks or
subdivisions shall meet the elevation and floodproofing requirement in
subsection (A)(3) of this section.
ii. Manufactured homes placed within manufactured home parks or
subdivisions shall meet the standards in subsection (D) of this section. Additional
guidance may be found in FEMA Technical Bulletins TB 1, TB 7-93, and all
subsequent revisions.
e. Garages and Low -Cost Accessory Structures.
Attached Garages.
(A) A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the
automatic entry of floodwaters. See subsection (A)(3) of this section. Areas
of the garage below the level of the base flood elevation plus one (1) foot
must be constructed with flood resistant materials. See subsection (A)(2) of
this section.
(B) A garage attached to a nonresidential structure must meet the above
requirements. For guidance on below grade parking areas, see FEMA
Technical Bulletin TB 6-93 and all subsequent revisions.
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ii. Detached Garages and Accessory Structures.
(A) Accessory structures used solely for parking (two (2) car detached
garages or smaller) or limited storage (small, low-cost sheds), as defined in
Section 10.06.020, may be constructed such that its floor is below the base
flood elevation (BFE), provided the structure is designed and constructed in
accordance with the following requirements:
(1) Use of the accessory structure must be limited to parking or limited
storage;
(2) The portions of the accessory structure located below the level of
the base flood elevation plus one (1) foot must be built using flood -
resistant materials;
(3) The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
(4) Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to at least one (1) foot above the BFE;
(5) The accessory structure must comply with floodplain encroachment
provisions in subsection (F) of this section; and
(6) The accessory structure must be designed to allow for the automatic
entry and exit of floodwaters in accordance with subsection (A)(3)(c) of
this section.
(B) Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable standards of
this subsection (A).
B. Standards for Utilities.
All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them, during flooding.
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C. Standards for Subdivisions and Other Proposed Development.
I. All new subdivision proposals and other proposed development, including proposals
for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres,
whichever is the lesser, shall:
a. Identify the special flood hazard areas (SFHAs) and base flood elevations (BFEs);
b. Identify the elevations of lowest floors of all proposed structures and pads on the
final plans; and
c. If the site is filled above the base flood elevation, the following as -built
information for each structure shall be certified by a registered professional civil
engineer or licensed land surveyor and provided as part of an application for a letter of
map revision based on fill (LOMR-F) to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent with the
need to minimize flood damage.
3, All subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and constructed to
minimize flood damage.
4. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
D. Standards for Manufactured Homes Within Manufactured Home Parks and Subdivisions.
All manufactured homes in special flood areas shall meet the anchoring standards in subsection
(A)(1) of this section, construction materials and methods in subsection (A)(2) of this section,
flood opening requirements in subsection (A)(3)(c) of this section, and garage and low-cost
accessory structure standards in subsection (A)(3)(e) of this section.
Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and
floodproofing requirements in subsection (A)(3) of this section.
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1. All manufactured homes that are placed, or substantially improved, on sites located in
a new manufactured home park or subdivision, in an expansion to an existing
manufactured home park or subdivision, or in an existing manufactured home park or
subdivision on a site upon which a manufactured home has incurred substantial damage as
the result of a flood shall:
a. Within Zones A, AO, Al -30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to at least one (1) foot above the base flood elevation
and be securely fastened to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A, AO, Al -30, AH, and AE on the
community's Flood Insurance Rate Map that are not subject to the provisions of subsection
(D)(1) of this section will be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at least one (1) foot above the base
flood elevation; or
b. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty-six (36)
inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor, including basement,
shall be certified by a registered civil engineer or licensed land surveyor, and verified by
the community building inspector to be properly elevated. Such certification and
verification shall be provided to the Floodplain Administrator.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed on sites within Zones A, AO, Al -30, AH, and AE on
the community's Flood Insurance Rate Map will either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days;
b. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by
quick -disconnect type utilities and security devices, and has no permanently attached
additions; or
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c. Meet the permit requirements of Section 10.06.040(C) of this chapter and the
elevation and anchoring requirements for manufactured homes in subsection (D)(1) of
this section.
F. Floodways. Since floodways are extremely hazardous areas due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
1. Until a "regulatory floodway" is adopted, no new construction, substantial
development or other development (including fill) shall be permitted within Zones A, AO,
Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other development, will not increase the water
surface elevation of the base flood more than one (1) foot at any point within the City of
Santa Clarita.
2. Within an adopted regulatory floodway, the City of Santa Clarita shall prohibit
encroachments or obstructions, including fill, new construction, substantial improvements
and other development, unless certification by a registered professional civil engineer is
provided demonstrating that the proposed encroachments or obstructions shall not result in
any increase in the base flood levels during the occurrence of the base flood discharge.
3. If subsections (F)(1) and (2) of this section are satisfied, all new construction,
substantial improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of this section.
G. Cumulative Substantial Improvement and Substantial Damage.
1. Improvements of any type or value to structures located in areas of special flood
hazard, constructed on or after April 25, 1980, must meet all floodproofing requirements of
this chapter.
2. Improvements valued up to forty-nine percent (49%) of an existing structure's pre -
improvement market value, located in areas of special flood hazard, constructed prior to
April 25, 1980, may be permitted without meeting the flood protection requirements of this
chapter. Once the substantial improvement or substantial damage threshold of greater than
forty-nine percent (49%) has been reached:
a. No further building permits will be issued for the structure for a period often (10)
years from the date of the issuance of the first building permit for improvements,
alterations or additions, rehabilitations or repairs, regardless of the origin of the
damage, or any combination of said improvements unless the structure is made to
comply with the requirements of this chapter;
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b. When the total value of the cumulative improvements meets or exceeds fifty
percent (50%) of a structure's pre -improvement market value within a ten (10) year
period, the original structure must be protected according to the requirements of this
chapter; and
c. The market value of the structure used at the issuance of the first building permit
is the market value that will be used throughout the ten (10) year period to determine
the cost percentage of the proposed improvements. (Ord. 97-11, 7/8/97; Ord. 08-11
§ 2, 8/26/08. Formerly 10.06.040.)
10.06.060 Variance Procedure.
A. Nature of Variances. The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according to actuarial risk and will not
be modified by the granting of a variance.
1. The variance criteria set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so
unusual that complying with the requirement of this chapter would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be
unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
2. It is the duty of the City Council of the City of Santa Clarita to help protect its citizens
from flooding. This need is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood elevation or
from other requirements of this chapter are quite rare. The long-term goal of preventing
and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this chapter are more detailed and contain
multiple provisions that must be met before a variance can be properly granted. The criteria
are designed to screen out those situations in which alternatives other than a variance are
more appropriate.
B. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial improvement,
and other proposed new development to be erected on a lot of one-half (1/2) acre or less in
size contiguous to and surrounded by lots with existing structures constructed below the
base flood level; providing, that the procedures of Sections 10.06.040 and 10.06.050 have
been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical
justification required for issuing the variance increases.
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2. Variances may be issued for the repair or rehabilitation of historic structures as defined
in Section 10.06.020 upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a historic structure and the variance is
the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the requirements of this chapter. For
example, in the case of variances to an elevation requirement, this means the City Council
need not grant permission for the applicant to build at grade, or even to whatever elevation
the applicant proposes, but only to that elevation which the City Council believes will both
provide relief and preserve the integrity of this chapter.
5. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as twenty-
five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
b. Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the Office
of the Los Angeles County Recorder and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel of land.
6. The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
C. Appeal Board.
1. In passing upon requests for variances, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and
the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger to life and/or property due to flooding or erosion damage;
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c. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future owners of the
property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity of the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the Comprehensive Plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
k. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
2. Variances shall be issued only upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship as defined in Section 10.06.020 to the applicant; and
c. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create a
nuisance (see "public safety and nuisance" as defined in Section 10.06.020), cause
fraud or victimization (as defined in Section 10.06.020) of the public, or conflict with
other existing local laws or ordinances.
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3. Variances may be issued for new construction, substantial improvement, and other
proposed new development necessary for the conduct of a functionally dependent use;
provided, that the provisions of subsections (C)(1) through (4) of this section are satisfied,
and that the structure or other development is protected by methods that minimize flood
damage during the base flood and does not result in additional threats to public safety, and
does not create a public nuisance.
4. Upon consideration of the factors in subsection (13)(1) of this section and the purposes
of this chapter, the City Council may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this chapter. (Ord. 97-11, 7/8/97; Ord. 08-11
§ 2, 8/26/08. Formerly 10.06.050.)
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EXHIBIT D
Chapter 11.46
FILMING POLICY
Sections:
11.46.010 Definitions.
11.46.020 Permits and Exemptions.
11.46.030 Rules and Regulations.
11.46.040 Applicants and Issuance.
11.46.050 Permit Fees.
11.46.060 Liability Provisions.
11.46.070 Violation.
11.46.010 Definitions.
"Charitable Films" shall mean motion or still photography produced by a nonprofit organization,
which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit from the marketing and
production of the motion or still photography product or from showing the motion or still
photography product.
"City Produced Content/Projects" shall mean motion or still photography produced by or in
association with the City. Productions working on City produced projects shall obtain a letter
identifying that it is a project from the City.
"Motion or Still Photography" shall mean and include all activity attendant to staging, filming or
shooting for commercial purposes in any medium including film, tape or digital format of motion
pictures, television shows or programs, commercials, music videos, industrial videos/films,
online/web-based content/promotions and student films and to the taking of single or multiple
photographs for sale or commercial use where the photographer sets up stationary equipment in
any one location for longer than five (5) consecutive minutes.
"News Media" shall mean motion or still photography for the purpose of spontaneous, unplanned
television news broadcast or reporting for print media by reporters, photographers or cameramen.
"Student Films" shall mean motion or still photography produced to satisfy a course or
curriculum requirement at an educational institution. The student filmmaker must supply proof
that he/she is currently enrolled.
"Studio" shall mean a legally established, commercial, motion or still photography place of
business where filming activities (motion or still photography) are regularly conducted inside a
studio/stage upon the premises. (Ord. 02-10, 10/22/02)
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11.46.020 Permits and Exemptions.
A. Permit Required: No person shall use any public or private property, public right-of-way,
facility or residence for the purpose of motion or still photography without a permit issued
pursuant to the provisions of this chapter.
B. Exemptions: The provisions of this chapter shall not apply to or affect:
1. News media.
2. City Produced Content/Projects.
3. Family Video: Motion or still photography solely for private use, and not for commercial
purposes.
4. Studio Filming: Motion or still photography conducted in a studio. (Ord. 02-10, 10/22/02)
11.46.030 Rules and Regulations.
A. Rules: The City Manager's designee is hereby authorized and directed to promulgate rules
and regulations governing the form, time and location of any film activity set forth within the
City. He/she shall also set forth the procedures for the issuance of permits. The rules, regulations,
and procedures shall be based upon the following criteria:
1. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The safety of property within the City; and
4. Traffic congestion at particular locations within the City. (Ord. 02-10, 10/22/02)
11.46.040 Applicants and Issuance.
Any person desiring a permit under the provisions of this chapter shall make application on the
appropriate form provided by the City Manager's designee. The application must be
accompanied by all required fees, deposits and insurance certificates required by this chapter
before it will be processed.
A. Issuing Authority: The person or body responsible for issuing permits under this chapter
shall be designated by the City Manager.
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B. Issuance: The City Manager's designee shall issue, conditionally issue, or not issue a permit
as provided for in this chapter after consideration of the application and from such other
information as may be otherwise obtained. The decision of issuance will be final unless appealed
in writing within five (5) working days of the decision by requesting a hearing of the City
Manager and/or the City Manager's designated appeal officer at his/her earliest convenience.
(Ord. 02-10,10/22/02)
11.46.050 Permit Fees.
Each application shall be accompanied by:
A. Permit fees determined by a fee schedule to be established by resolution of the City Council
to reimburse the City for staff time required to process and issue a film permit and to monitor the
activity. The basic permit fee shall not apply to or affect:
1. Charitable films
2. Student films
B. Property use fees to be established by resolution of the City Council to compensate the City
for the use of public property and its unavailability for ordinary and usual purposes resulting
from the filming activity. The property use fees may not apply to or affect:
1. Charitable films
2. Student films
3. Productions conducted wholly on private, County or State property where no vehicles or
equipment are parked or stored on City property or rights-of-way, where no traffic control
measures are required and where the production activity will not in any respect interfere with
the use and enjoyment of City property, public streets and neighboring property. (Ord. 02-10,
10/22/02)
C. Other filming related fees established by other government/public agencies (e.g., L.A.
County Fire, L.A. County Sheriff) for permits, procedures and personnel required in conjunction
with the City's film permit and associated filming activity.
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11.46.060 Liability Provisions.
A. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in
an amount not less than one million dollars ($1,000,000) naming the City of Santa Clarita as an
additional insured for protection against claims of third persons for personal injuries, wrongful
deaths, and property damage and to indemnify the City for damage to City property arising out
of the permittees' activities. The certificate shall not be subject to cancellation or modification
until after thirty days written notice to the city. Such insurance shall be evidenced by the
standard General Liability Special Endorsement Form required by the City. A copy of the
certificate will remain on file.
B. Worker's Compensation Insurance: An applicant shall conform to all applicable Federal and
State requirements for Worker's Compensation Insurance for all persons operating under a
permit.
C. Performance Deposit: To ensure cleanup and restoration of the site, an applicant may be
required to post a refundable deposit or cash in lieu of bonds, (amount to be determined) at the
time application is submitted. Upon completion of filming and inspection of the site by the City,
the deposit may be returned to the applicant. (Ord. 02-10, 10/22/02)
11.46.070 Violation.
If an applicant violates any provisions of this chapter or a permit issued pursuant thereto, the
City may cancel the permit. Violation of the terms and conditions of the film permit is
considered a misdemeanor. A penalty fee no to exceed twice the permit fee may be assessed.
(Ord. 02-10, 10/22/02)
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EXHIBIT E
Chapter 11.68
GRAFFITI
Sections:
11.68.010 Purpose.
11.68.020 Definitions.
11.68.030 Graffiti Prohibition and Declaration as a Public Nuisance.
11.68.040 Restrictions on the Possession of Graffiti Implements by Minors.
11.68.050 Removal of Graffiti.
11.68.060 Liability for Graffiti Abatement Costs—Property Owner.
11.68.070 Liability for Graffiti Abatement Costs -Defendant.
11.68.080 Expenditure of Public Funds.
11.68.090 Sale of Aerosol Paint Containers and Markers—Storage Requirements.
11.68.100 Liability for Damages.
11.68.110 Penalty.
11.68.120 Alternative Actions.
11.68.010 Purpose.
A. The purpose of this chapter is to prevent the spread of graffiti and to establish a program for
its removal from public and private property.
B. The spread of graffiti on public and private buildings, structures or places causes blight,
which depreciates the value of adjacent and surrounding properties and businesses.
C. Graffiti is inconsistent with the City's aesthetic standards, and unless it is promptly removed
other adjacent properties may become the target of graffiti.
D. Graffiti also encourages other acts of vandalism and can breed criminal activity.
E. The placement of graffiti is often done in connection with gang activities and is often
committed by persons under the age of eighteen (18) years.
F. This chapter is intended to supplement state law by providing for penalties and remedies to
inhibit and abate the placement of graffiti on public and private property. (Ord. 06-8 § 2,
11/14/06)
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11.68.020 Definitions.
The following words or phrases as used in this chapter have the following meanings:
"Aerosol paint container" means any aerosol container regardless of the material from which it is
made, which is adapted or made for the purpose of spraying paint or any other substance capable
of defacing property.
"City Manager" means the City Manager of the City of Santa Clarita or the Manager's designee.
"Felt tip marker" means any marker or similar implement with a marking tip exceeding one-
quarter (1/4) inch, containing anything other than a solution which can be removed with water
after it dries.
"Graffiti" means any unauthorized inscription, word, figure, or design as marked, etched,
scratched, drawn, or painted on any structural component of any building, structure, or place,
including but not limited to any wall, curb, sidewalk, sign, post, lamppost, hydrant, bridge,
vehicle, tree, or other facility regardless of the nature of the materials of that structural
component.
"Graffiti implement" means an aerosol paint container, a felt tip marker, a paint stick, spray paint
tip, or etching tool capable of marking or scarring glass, metal, concrete, wood, or other similar
type surface.
"Hearing Officer" means the person designated by the City Manager to hear administrative
appeals of graffiti abatement determinations under this chapter.
"Minor" means any person under the age of eighteen (18) years
"Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface by pressure, and upon
application, leaving a mark of at least one-eighth (1 /8) inch.
"Responsible adult" means a parent or legal guardian having custody or control of a minor.
"Slap tags" means any material with an adhesive glue or tape, such as, but not limited to, decals,
stickers, posters, or labels that may be applied to building structures, light posts, street poles,
street signs, newspaper stands, phone booths, windows, utility boxes, or other surfaces on public
and private property without permission. Slap tags are a form of street art in which an image or
message is publicly displayed using stickers.
"Spray paint tip" means any device capable of being placed upon an aerosol spray container for
the purpose of spraying paint or any substance capable of defacing property. (Ord. 91-51,
1/14/92; Ord. 94-12, 10/11/94; Ord. 06-8 § 2, 11/14/06; Ord. 10-11 § 1, 9/28/10. Formerly
11.68.010)
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11.68.030 Graffiti Prohibition and Declaration as a Public Nuisance.
A. It is unlawful for any person to use a graffiti implement to apply graffiti upon any publicly
or privately owned building, structure or place within the City.
B. Graffiti on public or private property constitutes a public nuisance. (Ord. 93-15, 10/12/93;
Ord. 06-8 § 2, 11/14/06. Formerly 11.68.03 1)
11.68.040 Restrictions on the Possession of Graffiti Implements by Minors.
A. It is unlawful for any minor, without the consent of the applicable property owner, to
possess any graffiti implement.
B. The provisions of subsection (A) of this section do not apply to any person who is traveling
to or from a school or other nonprofit organization in which he or she is enrolled and is attending
a class or other event for which the instructor or organizer has required, in writing, the use of any
graffiti implement. (Ord. 94-12, 10/11/94; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.05 1)
11.68.050 Removal of Graffiti.
Graffiti may be removed by any of the following methods:
A. Removal by Person Involved. Any person applying graffiti within the City must remove
such graffiti with twenty-four (24) hours after notice by the City or the owner of the property
involved. Failure to promptly remove the graffiti constitutes an additional violation of this
chapter.
B. Removal by Property Owner.
1. A property owner must cause the removal of graffiti within seven (7) calendar days
after the date of written notification from the City to remove such graffiti delivered
personally or by certified mail to the address of the owner of the property appearing on the
most recent equalized assessment roll or supplemental roll.
2. Proof of service of the notice must be made by declaration of the person effecting
service stating the time, date and manner in which service of the notice was made.
The City's notice to abate the graffiti must be in substantially the following form:
NOTICE TO ABATE GRAFFITI
The undersigned code enforcement officer of the City of Santa Clarita has determined
that graffiti constituting a public nuisance exists on your property located at: [address
of property]
The graffiti must be removed within 7 calendar days from the date of this notice
unless you file a written appeal of this determination with the Office of the City
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Ordinance No.
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Manager of Santa Clarita within 3 business days of the date of this notice. The
address for filing an administrative appeal is:
The graffiti must be removed by washing, sandblasting, chemically treating, or
otherwise obscuring the graffiti such as to blend with the surrounding structure or
property.
If the graffiti has not been removed by the date required by this notice or as ordered
by the city's hearing officer if this determination is appealed, then the city may cause
the abatement of the nuisance. If the city abates the nuisance, then the cost of all code
enforcement efforts may be charged against your property in the form of a special
assessment or lien.
Dated:
Department Officer
4. Within three (3) business days from the date of a graffiti abatement notice, the owner
or any other person interested in the property affected by the notice may appeal the
determination by filing a written notice of appeal with the City Manager. The City
Manager will promptly schedule the hearing and provide written notice to the appellant of
the date, time and place of the hearing at the address provided in the appeal. The hearing
process will follow the procedure set forth in Section 23.30.090 of this code.
C. Removal by City.
1. Standard Abatement. If the graffiti has not been removed from the premises in
question as directed by the abatement notice or by the order of the Hearing Officer,
authorized City representatives may cause the graffiti to be removed and may obtain all
necessary legal authorization to enter upon the property for the purpose of abating the
nuisance if the consent of the property owner cannot be timely secured.
2. Summary Abatement. Notwithstanding the other provision of this section, the
Department Director is authorized to cause the summary abatement of graffiti that is
determined to create an immediate threat to public welfare or safety. (Ord. 93-15, 10/12/93;
Ord. 06-8 § 2, 11/14/06. Formerly 11.68.033)
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3. The City reserves the right to recover City costs and expenses pursuant to Sections
11.68.060 and 11.68.070 of this Chapter, Penal Code Section 594, Civil Code Sections 731
and 1714. 1, and Government Code Section 38771, et seq. and Welfare and Institutions
Code Section 742.10 et seq. from any person, including any parent or legal guardian of a
minor, who has willfully damaged property in a manner described within Section
11.68.030 of this code. The City further preserves the right to file a civil action and/or
pursue any other legal remedy to collect the costs of abatement incurred pursuant to this
chapter.
11.68.060 Liability for Graffiti Abatement Costs—Property Owner.
In addition to any other legal remedy, the City may utilize the following procedures to recover
the costs of abating graffiti against a property owner:
A. Upon the City's removal of graffiti, the City may provide a written accounting of the costs
of removal along with a demand for payment to the property owner pursuant to the notice and
hearing procedures set forth in Section 23.30.120 of this Code.
B. If the costs of removal have not been paid within ninety (90) days from the date of the
demand, or, if applicable, the City Manager's or designee's written decision on the costs of
abatement, the City Manager may cause the unpaid amount to be charged as a lien or a special
assessment upon the property owner's property following the applicable procedures in Section
23.30.130 of this code.
C. The notice of lien required under this code must be in substantially the following form:
i�[�Il�(y7I�7�111�1`►1
(Claim of the City of Santa Clarita)
As authorized under Government Code sections 38773, 38773. 1, and 38773.5 and
Chapter 11.68 of the Santa Clarita Municipal Code, on [insert date] the City of Santa
Clarita caused the removal of graffiti at the premises described below in order to
abate a public nuisance on the real property. On [insert date], the City of Santa
Clarita determined the cost of abating this nuisance to be the sum of $
As this money has not been paid, the City of Santa Clarita claims this sum as a lien
against the real property described below until the amount has been paid in full.
This amount may be collected as a special assessment against the premises described
below. Please note that the property may be sold after three years by the tax collector
for unpaid delinquent assessments and that any special assessment for abatement
costs and fees may be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary municipal taxes.
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The real property upon which a lien is claimed is that certain parcel of land in the
City of Santa Clarita, County of Los Angeles, State of California and particularly
described as follows: [insert property description and assessor's parcel number]
Dated:
City Officer
(Ord. 91-51, 1/14/92; Ord. 93-1, 1/26/93; Ord. 93-15, 10/12/93; Ord. 06-8 § 2, 11/14/06.
Formerly 11.68.030, 11.68.032)
11.68.070 Liability for Graffiti Abatement Costs—Defendant.
In addition to any other legal remedy, the City may utilize the following procedures:
A. When the disposition of a criminal case, or a proceeding pursuant to Welfare and
Institutions Code Section 602, determines that a minor or other person in such case is responsible
for creating, causing or committing the graffiti which was abated by the City, that same person,
or in the case of a minor, the minor's parent or parents or legal guardian, shall be liable for all
abatement and related costs incurred by the City. These costs shall include, but are not limited
to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of
repair and replacement of defaced property, and the law enforcement costs incurred by the City
in the identification and apprehension of the minor or other person responsible for the graffiti or
other inscribed material on publicly or privately owned permanent real or personal property
within the City, as prescribed within Government Code Sections 38772-38773.6 and 53069.3.
1. The determination of responsibility for creating, causing or committing the graffiti
shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to
any violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.
2. In the case of a minor, responsibility for creating, causing or committing the graffiti
shall also be determined upon a conviction by final judgment or by the minor being made a
ward of the Juvenile Court pursuant to Welfare and Institutions Code Section 602 by
reason of the commission of any act prohibited under Penal Code Sections 594, 594.3,
640.5, 640.6, or 640.7.
B. The City may recover all City funds used to remove graffiti, repair or replace graffiti -
damaged real or personal property within the City by making the expense of abatement of the
nuisance, as defined by Government Code Section 38772, a lien against property of the minor or
other person and a personal obligation against the minor or other person pursuant to Government
Code Section 38773.2 or 38773.6. The parent(s) or guardian(s) having custody and control of
the minor shall be jointly and severally liable with the minor pursuant to Government Code
Sections 38772, 38773.2 and 38773.6. The graffiti nuisance abatement lien shall be created as
follows:
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Ordinance No.
1. The City shall give notice of intent to record a graffiti nuisance abatement lien to the
minor or other person prior to recordation of a lien on the parcel of land owned by the
minor or other person responsible for creating the graffiti nuisance. If appropriate, the City
shall also give notice of intent to record a graffiti nuisance abatement lien to the parent or
guardian having custody of the minor responsible for creating the graffiti nuisance prior to
recordation of a lien on the parcel of land owned by the parent or guardian. Any such
notice of intent to record a graffiti nuisance abatement lien shall be served by personal
service in the same manner as a civil action in accordance with the Code of Civil Procedure
Section 415.10. If the minor or other person responsible for creating the graffiti nuisance,
after diligent search, cannot be found, the notice may be served by posting a copy of the
Notice in a conspicuous place upon the property owned my the minor or other person
responsible for creating the graffit nuisance for a period of ten days and publication thereof
in a newspaper of general circulation published in the county in which the property is
located pursuant to Government Code Section 6062. If the parent or guardian having
custody and control of the minor, after diligent search, cannot be found, the notice may be
served by posting a copy of the notice upon the property owned by the parent or guardian
having custody and control of the minor, in a conspicuous place, for a period of 10 days.
The notice shall also be published in a newspaper of general circulation published in the
county in which the property is located pursuant to Government Code Section 6062.
2. The notice of intent to record a graffiti nuisance abatement lien shall include:
a. A description of the underlying criminal case or proceeding pursuant to Welfare
and Institutions Code Section 602;
b. A brief description of the property damage and the location and/or address of the
graffiti offense;
c. The amount of the abatement and related costs incurred by the City;
d. A demand that the minor or other person pursuant to Government Code Section
38773.2 or 38773.6, or parent(s) or guardian(s) having custody and control of the
minor, pay the amount of the proposed lien to the City within 30 days of the service of
the notice of intent to record a graffiti nuisance abatement lien and that the failure to
pay the proposed lien within 30 days will result in the recordation of the graffiti
nuisance abatement lien;
e. A statement that any interested party may request a hearing before the City
Council, or designee, and that any such request must be in writing and received by the
City Clerk within 10 days of the service of the notice of intent to record a graffiti
nuisance abatement lien;
f. A statement that the City may collect the amount of the graffiti nuisance
abatement lien as a special assessment as set forth in Section 11.68.070(c) of this
Code.
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Ordinance No.
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3. Any party subject to a notice of intent to record a graffiti nuisance abatement lien may
request a hearing before the City Council. Any such request for a hearing must be received
by the City Clerk's office in writing within 10 days of the service of a notice of intent to
record a graffiti nuisance abatement lien. At the conclusion of the hearing, the City
Council will adopt a resolution confirming, discharging, or modifying the lien amount.
4. A graffiti nuisance abatement lien shall be recorded in the County Recorder's Office in
the county in which the parcel of land is located and from the date of recording shall have
the force, effect, and priority of a judgment lien.
5. A graffiti nuisance abatement lien authorized by this section shall specify the amount
of the lien; the name of the agency on whose behalf the lien is imposed; the date of the
abatement order; the street address, legal description, and assessor's parcel number of the
parcel on which the lien is imposed; and the name and address of the recorded owner of the
parcel.
6. If the lien is discharged, released, or satisfied through payment or foreclosure, notice
of the discharge containing the information specified in Subsection (3) shall be recorded by
the governmental agency. A graffiti nuisance abatement lien and the release of the lien
shall be indexed in the grantor -grantee index.
7. A graffiti nuisance abatement lien may be satisfied through foreclosure in an action
brought by the City.
8. The City may recover from the property owner any costs incurred regarding the
processing and recording of the lien and providing notice to the property owner as part of
its foreclosure action to enforce the lien.
C. As an alternate to a graffiti nuisance abatement lien, the City may recover its costs, as
delineated above, as a special assessment against the parcel of land owned by the minor or other
person responsible for creating the graffiti or by the parent or guardian having custody and
control of the minor responsible for creating the graffiti. The City shall give notice of the special
assessment at the time of imposing the assessment and shall specify that the property may be
sold after three years by the tax collector for unpaid delinquent assessments. The City shall give
such notice to the property owner by certified mail, if the property owner's identity can be
determined from the county assessor's or county recorder's records. After recordation of the
graffiti nuisance abatement lien, the City may provide a copy of the notice of proposed
recordation, proof of service, and the recorded lien to the tax collector and the tax collector will
add the described special assessment payments to the next regular tax bill levied against the
respective lots or parcels. The assessment may be collected at the same time and in the same
manner as ordinary municipal taxes are collected and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary municipal taxes
pursuant to Government Code Section 38773.6.
D. Any parent or legal guardian of a minor is personally liable for any and all costs to the City
incurred in connection with the removal of graffiti caused by the conduct of said minor, and for
all attorney's fees, court costs, and civil penalties incurred in connection with the civil
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prosecution of any claim for damages or reimbursement. The City may pursue all available legal
remedies against a parent or legal guardian to satisfy any judgment or recover any owed
amounts.
E. Second or subsequent criminal judgment. Upon the entry of a second or subsequent civil or
criminal judgment within a two-year period finding that a person described in paragraph (3) of
subdivision (d) of Section 38772 is responsible for the defacement of property of another by
graffiti or other inscribed material, the court may order damages in an amount treble the costs of
abatement pursuant to Government Code Section 38773.7
11.68.080 Expenditure of Public Funds.
The City is authorized to expend City funds to remove graffiti from public or privately owned
buildings, structures and other places within the City. Such expenditures may be made only for
the removal of graffiti and not the painting or repair of a more extensive area. (Ord. 91-51,
1/14/92; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.020)
11.68.090 Sale of Aerosol Paint Containers and Markers—Storage Requirements.
Any business or establishment offering for sale to the public aerosol paint containers or markers
with a marking tip exceeding one-quarter inch, containing anything other than a solution which
can be removed with water after it dries, shall keep, store and maintain all such aerosol paint
containers or markers in an area viewable by, but not accessible to, the public in the regular
course of business without employee assistance, pending legal sale or disposition of such marker
pens or paint containers. (Ord. 93-11, 5/11/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.050)
11.68.100 Liability for Damages
Pursuant to Section 1714.1 (b) of the California Civil Code, any act of willful misconduct of a
minor which results in the defacement of property of another with paint, graffiti implement, or
any similar substance or device shall be imputed to the parent or guardian having custody and
control of the minor for all purposes of civil damages, including court costs and attorney's fees,
to the prevailing party, and the parent or guardian having custody and control shall be jointly and
severally liable with the minor for any damages resulting from the willful misconduct. The
liability of each parent or guardian shall not exceed the amount authorized by the California
Judicial Council in accordance with Section 1714.1 (c) of the California Civil Code, for each act
of the minor.
11.68.110 Penalty.
Any violation of the provisions of this chapter will constitute a misdemeanor and each such
violation will constitute a separate offense for each and every day, or portion thereof, during
which any violation of any of the provisions of this chapter is committed, continued, or
permitted. (Ord. 93-11, 5/11/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.060)
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11.68.120 Alternative Actions.
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal
proceeding to abate a public nuisance, or from pursuing any other means available to it under
provisions of applicable ordinances or state law to correct hazards or deficiencies in real
property, in addition to or as alternatives to the proceedings set forth in this chapter.
E:911
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EXHIBIT F
Title 14
PARKS AND OTHER PUBLIC PLACES
Chapters:
14.02
Definitions
14.04
General Provisions
14.06
Park Rules and Regulations
14.08
Riding and Hiking Trails
14.10
Open Space Areas
14.12
Municipal Aquatic Facilities
14.14
Use of City Skate Park
Chapter 14.02
DEFINITIONS
Sections:
14.02.010 Definitions.
14.02.010 Definitions.
As used in this Title, the words hereinafter defined are used as so defined unless it is apparent
from the context that a different meaning is intended.
"Alcoholic beverages" means alcohol, spirits, liquor, wine, beer and every liquid containing one-
half of one percent (0.005%) or more of alcohol by volume, and which is fit for beverage
purposes either alone or when diluted, mixed or combined with all other substances.
"Director" means the Director of Parks, Recreation and Community Services, or other person
authorized by the Director pursuant to law.
"Commercial use or enterprise" shall mean any use of a park or facility amenity for or in
connection with any money making venture, whether or not such venture is profitable, including
the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or
edibles for human or animal consumption, and/or sales activities that utilize park property or
facilities to complete the terms of sale or provide a service as a result of the sale or that affect
park operations, facility use or visitor safety, such as fitness clubs, exercise groups, sports camps,
and individual sports lessons; provided, however, that fund-raising activities conducted by a
nonprofit organization, recognized as such by the state of California, shall not be deemed to be
commercial use.
"Dog Park" shall mean an enclosed area officially identified by signage and designated by the
City where dogs are permitted to be off leash.
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Ordinance No.
"Facility Amenities" include, but are not limited to, playground and exercise equipment, park
benches, picnic tables, public art, buildings, swimming pools, walls, fences, gates, trees,
monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or
tables in a park or upon any park property."
Motor vehicles" means any multi -wheeled, treaded or sled -type vehicle that is propelled by a
motor engine, including any vehicle commonly known as a "motorized recreation vehicle."
"Narcotics and dangerous drugs" means those narcotics and drugs listed or defined in the Health
and Safety Code of the State of California as now or hereafter amended.
"Open Space Area" means an improved, unimproved or natural land, owned, used, or maintained
by the City, where development activity is limited in an effort to preserve natural areas and
protect sensitive habitat, and not designated an active park by the City.
"Park" means and includes every park, park water, plaza, skate park, golf course, riding and
hiking trail, open space area, swimming pool, court, field, greenbelt, greenway, facility amenity
or other recreational facility, together with any accompanying parking lot or staging area, to
which the public has a right of access and use for park or recreation purposes and which is
owned, managed or controlled by the City and under the jurisdiction of the Director. (Ord. 90-12,
5/29/90; Ord. 05-1 § 2, 1/25/05)
"Park waters" means any stream, river, brook, pond, lake, or fountain located within any park or
open space area.
"Riding or hiking trails" shall mean any path, trail, firebreak road, or fire protection road located
within a park or open space area and designated by the Director for public use.
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NO
Chapter 14.04
GENERAL PROVISIONS
Sections:
14.04.010 Title for Citation.
14.04.020 Delegation of Powers.
14.04.030 Facilities Under Director's Control Designated—Enforcement Authority.
14.04.040 Signs—Placement and Maintenance Authority Obedience Recurred.
14.04.050 Compliance with Title Provisions—Ejection of Violators Authorized When.
14.04.060 Enforcement Authority.
14.04.070 Liability Limitations.
14.04.080 Rules, Policies of the Department, Revocation of Privileges
14.04.090 Permits
14.04.100 Violations/Penalty
14.04.010 Title for Citation.
The ordinance codified in this Title shall be known as and may be cited as the "park ordinance."
(Ord. 90-12, 5/29/90)
14.04.020 Delegation of Powers.
Whenever a power is granted to or a duty is posed upon the Director or other public officer, the
power may be exercised or the duty performed by a deputy of the public officer or other person
so authorized, pursuant to law, by the Director, except as otherwise provided by this Title. (Ord.
90-12, 5/29/90)
14.04.030 Facilities Under Director's Control Designated—Enforcement Authority.
The Director is vested with authority over and control of all facilities owned, leased, controlled,
constructed or maintained by a lessee or private fee owner in any park, for the purpose of causing
corrected any condition which violates or which would tend to cause or contribute to any
violation of the purpose and provisions of this Title. (Ord. 90-12, 5/29/90)
14.04.040 Signs—Placement and Maintenance Authority Obedience Recurred.
The Director may place and maintain, or cause to be placed and maintained, either on land or
water, such signs, notices, signals, buoys or control devices necessary to carry out the provisions
of this Title, or to insure public and orderly and efficient use of any park. A person shall comply
with any sign, notice, signal, control device or buoy placed or erected pursuant to this section.
(Ord. 90-12, 5/29/90)
14.04.050 Compliance with Title Provisions—Ejection of Violators Authorized When.
Permission to be within the limits of any park, as defined by this Title, or to use any facility
amenities, is conditioned on compliance with all applicable provisions of this Title and the
Municipal Code, and applicable rules, policies, and regulations adopted by the Director
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Ordinance No.
71
governing the use of parks. A violation of any provision of this Title or any order, rule or
regulation authorized by this Title, or any other applicable law, ordinance, rule or regulation
shall result in the person so violating forfeiting such participation privileges, and/or being a
trespasser, and a peace officer or the Director may eject any such person from a park. (Ord. 90-
12, 5/29/90)
14.04.060 Enforcement Authority.
Except as specifically provided in this Title, the Director shall enforce the provisions of this
Title. (Ord. 90-12, 5/29/90)
14.04.070 Liability Limitations.
A person exercising any of the privileges authorized by this Title does so at his or her own risk
without liability on the City or its officers, employees and agents, for death or injury to persons
or damage to property resulting therefrom. (Ord. 90-12, 5/29/90)
14.04.080 Rules, Policies of the Department, Revocation of Privileges
The Director may establish reasonable rules, policies, or regulations governing the use and
enjoyment of any park in order to maximize the use and enjoyment of the park by the public in
addition to those contained in this Title, and no person shall disobey or violate same. Rules,
policies, or regulations established by the Director shall be posted in conspicuous location(s)
within the parks and facility amenities for the public's information. Any person who violates a
rule established by this Title or a park rule, policy, or regulation established by the Director is
subject to immediate ejection from the Park by the Director or designated personnel. In addition
to ejection, any person who violates a rule established by this Title or a park rule, policy, or
regulation established by the Director may be suspended from all park use. For violations of any
rule established by this Title, the penalty of expulsion shall be in addition to and not in lieu of
any other legal remedy established for violations of the Municipal Code. For violations of a park
rule, policy, or regulation established by the Director that are not set forth expressly in this Title,
ejection and/or suspension shall be the sole remedy.
14.04.090 Permits
A. All applications for permits required by the provisions of this Title shall be made to the
Director on such forms provided and shall contain such information as the Director shall deem
appropriate. Applications shall be accompanied by such fees as may be established provided that
no fee shall be charged where the event involves an exercise of free speech rights.
B. Permits issued under the provisions of this chapter are subject to such reasonable conditions
as the issuing body may deem necessary in order to ensure that the proposed use will be
compatible with the general uses of the park. Such conditions may include, but shall not be
limited to the following:
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Limitations upon the times during which the proposed use will be permitted;
2. Limitations upon the locations at which the use will be permitted;
3. Limitations upon the number of people that will be permitted to participate in a use at
a given location;
4. Limitations upon the type of equipment allowed and the manner in which it is utilized;
5. Requirement that the applicant furnishes private patrol or security where the nature of
the use will impose undue burdens on the police services of the City;
6. Requirement that the applicant provide temporary sanitary facilities, trash containers,
etc.; and
7. Require that the applicant post fees, deposits or other security to cover extraordinary
costs which may be incurred by the City as a result of the proposed use.
C. No conditions imposed hereunder shall unreasonably interfere with the rights of individuals
to express themselves or assemble; provided, however, that such activities shall be subject to
such reasonable regulations so as to ensure the rights of the people to use their public parks shall
not be unreasonably impaired. All permittees shall comply with all park rules and regulations
unless otherwise specifically exempted therefrom.
D. Every person must immediately vacate that portion of any park that has been reserved for
use by another person and/or entity upon being presented with a permit obtained pursuant to this
Title.
14.04.100 Violation/Penalty.
Any person who violates any provision of this Title shall be deemed guilty of an infraction,
unless otherwise stated in this Title, and upon conviction thereof shall be punished by a fine not
exceeding the maximum penalty prescribed by law.
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Ordinance No.
Chapter 14.06
PARK RULES AND REGULATIONS
Sections:
14.06.010
Applicability of Regulations.
14.06.020
Hours of Operation.
14.06.030
Park Property and Vegetation—Damaging or Removing Prohibited
14.06.060
Motor Vehicle Restrictions—Parking.
14.06.070
Speed of Motor Vehicles.
14.06.080
Overnight Camping Restrictions—Permit Issuance Conditions.
14.06.090
Animals—Prohibited When.
14.06.100
Dogs and Cats Permitted When.
14.06.105
Removal of Animal Waste.
14.06.110
Horses and Similar Animals Permitted When.
14.06.130
Disturbances Prohibited.
14.06.140
Alcoholic Beverages and Narcotics or Dangerous Drugs.
14.06.150 Public Intoxication Prohibited.
14.06.160 Soliciting For or Selling Merchandise and Services—Restrictions.
14.06.180 Nudity and Disrobing Prohibited—Exceptions.
14.06.190 Washing Dishes or Polluting Water.
14.06.195 Rubbish Disposal.
14.06.200 Concessions and Other Facilities—Sanitation Requirements.
14.06.210 Prohibited Uses and Activities.
14.06.220 Special Amusement Equipment.
14.06.230 Emergency or Temporary Closure of Parks, Trails, and Recreational Areas.
14.06.240 Smoking Prohibited.
14.06.250 Ability to Regulate Park Areas
14.06.010 Applicability of Regulations.
The following rules and regulations apply to all parks in the City except as otherwise expressly
stated. (Ord. 90-12, 5/29/90)
14.06.020 Hours of Operation.
A person shall not enter, be or remain in any park or in any building in any park between the
hours of 10:00 p.m. and sunrise on the following day, or when posted closed, except as
authorized by a written permit issued by the Director. The Director may change the hours of use
as stated above for any event or individual park. All persons shall comply with such changed
hours. A person shall not park or cause to be parked any motor vehicle in any park or parking
facility for such park between the hours of 10:00 p.m. and sunrise on the following day or when
posted closed or no parking. (Ord. 90-12, 5/29/90)
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14.06.030 Park Property and Vegetation—Damaging or Removing Prohibited.
It shall be punishable as a misdemeanor for any person, other than a duly authorized staff in the
performance of their duties, to:
A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or
flower, or any portion thereof, growing in the park;
B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand or gravel from
any park;
C. Cut, break, injure, deface or disturb any facility amenity in a park or any portion thereof, or
mark or place thereon, or on any portion thereof, any mark, writing or printing; or attach thereto
any sign, card, display or other similar device. (Ord. 90-12, 5/29/90)
D. Hunt, harm, molest, kill, or harass any animals or wildlife found on any property, including
nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof.
14.06.060 Motor Vehicle Restrictions—Parking.
A person shall not bring to or operate in any park or open space area any motor vehicle except at
such times and at such places as permitted by the Director in written regulations or permits
issued, and any such operation of a motor vehicle shall be in accordance with the conditions
contained in such regulation or permit. A person shall not park any motor vehicle in any park
except in areas designated by the Director for parking with the exception of authorized
emergency vehicles and service vehicles of the City. (Ord. 90-12, 5/29/90)
14.06.070 Speed of Motor Vehicles.
The speed limit for all vehicles on vehicular ways within a park shall be fifteen (15) miles per
hour unless otherwise posted and no vehicle shall exceed the speed limit.
14.06.080 Overnight Camping Restrictions—Permit Issuance Conditions.
A. A person shall not camp or sleep overnight in any park except when so designated, and then
only in accordance with the rules and regulations governing the use of such area. The Director
may issue a permit to camp overnight at a designated location in a park or open space area if the
Director finds:
1. The group was organized in good faith and not for the purpose of obtaining a permit
under this section, and the members of such group will include and be supervised by at
least one responsible adult during such camping and such overnight camping will not
interfere with or in any way be detrimental to the park or interfere with the uses thereof,
and
2. That the group has agreed to the conditions contained in the permit.
B. Upon the granting of such permit, the members of such group may camp at the time,
location and under the conditions specified in the permit. (Ord. 90-12, 5/29/90)
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14.06.090 Animals—Prohibited When.
A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine, dog, cat or other
animal of any kind except as hereafter specifically provided or as otherwise permitted by the
Director. Animals are not permitted in any indoor facility amenity, swimming pool, or and skate
park. This section does not apply to guide dogs for blind or disabled persons. Violation of this
section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90)
14.06.100 Dogs and Cats Permitted When.
A. A person may only bring and maintain in any park a dog or cat if such dog or cat is kept on
a leash or chain with a length not to exceed six (6) feet and under full control of its owner or
custodian, or upon written permission of the Director when required for authorized park
programs. (Ord. 90-12, 5/29/90)
B. Dogs may be off leash only in special areas of parks designated and posted by the Director
as a dog park or as dog exercise and training areas so long as the regulations of the Director with
respect to the use of such areas are followed.
1. Implied Consent. The presence of a dog in a designated dog park or dog exercise and
training area shall constitute implied consent of the person either owning or controlling the
dog to the regulations imposed by the Director.
2. Liability and Indemnification. The presence of a dog in a designated dog park or dog
exercise and training area shall constitute a waiver of liability, on behalf of the person
either owning or controlling the dog, to the City of Santa Clarita, as well as an agreement
and undertaking to protect, indemnify, defend, and hold harmless the City of Santa Clarita
for any injury or damage caused by the dog.
14.06.105 Removal of Animal Waste.
A. Any person having the care, custody, possession, or control of a dog/cat in a park must have
in his/her possession the equipment necessary to remove his/her dog/cat's fecal matter.
B. A person's failure to remove the fecal matter deposited by his/her dog/cat in any park before
the person in possession of the animal leaves the immediate area where the fecal matter has been
deposited is a violation of this section and is punishable as a misdemeanor.
14.06.110 Horses and Similar Animals Permitted When.
A person may ride a horse, mule, donkey or other similar animal only on designated trails or in
designated equestrian areas subject to all rules and regulations governing their use, in other park
areas upon written permission of the Director, subject to the regulations of such use permit.
Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90)
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14.06.130 Disturbances Prohibited.
A. Except as authorized by the Director for specific events and times, or except as necessary
for the preservation of public peace or safety, it is unlawful to use any public address system,
loudspeaker or other sound -amplifying device in any park or open space area. It is unlawful to
exceed noise levels prescribed by Section 11.44.040.
B. It shall be a misdemeanor for any person to disturb the peace and quiet of any park by:
Any unduly loud or unusual noise;
2. Tooting, blowing or sounding any siren, horn, signal or noise -making device;
3. Any obscene, violent or riotous conduct; or
4. The use of any vulgar, profane or indecent language therein. (Ord. 90-12, 5/29/90)
14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs.
A person shall not enter, be or remain in any park while in possession of, transporting, selling,
giving away or consuming any alcoholic beverage except at a concession facility duly authorized
by the City Council and properly licensed or in connection with a special event duly authorized
by the Director of the Department of Parks, Recreation and Community Services for which the
sponsoring organization is properly licensed by the State Department of Alcoholic Beverage
Control. A person shall not enter, be or remain in any park while in possession or transporting,
arising, selling, giving away or consuming any narcotics and dangerous drugs. Violation of this
section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05)
14.06.150 Public Intoxication Prohibited.
A person shall not enter, remain or be in any park while he or she is under the influence of any
alcoholic beverage or narcotic and dangerous drug. (Ord. 90-12, 5/29/90)
14.06.160 Soliciting For or Selling Merchandise and Services—Restrictions.
No park or open space area may be used for any commercial use or enterprise in any form unless
the City is directly involved as a co-sponsor of an event or project or the Director has authorized
such commercial enterprise in writing with a permit. Operation of a commercial use or
enterprise in a park without express written authorization from the Director is a violation of this
code. This prohibition also includes sales activities which encroach on the sales rights of a
vendor authorized to sell such products or services pursuant to a concession contract with the
City.
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Ordinance No.
14.06.180 Nudity and Disrobing Prohibited.
A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any park in
such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft,
perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or
below the upper edge of the areola thereof of any female person, is exposed to public view.
Violation of this section is punishable as a misdemeanor.
B. This section shall not apply to persons under the age of five (5) years, provided such
children are sufficiently clothed to conform to accepted community standards.(Ord. 90-12,
5/29/90)
14.06.190 Washing Dishes or Polluting Water.
A. A person shall not place in any park waters any edible matter, dish or utensil, or wash or
cleanse in any park waters any such edible matter, dish or utensil, or commit any nuisance in or
near such waters, or pollute any park's waters, or bathe, swim or wade in park waters except at
places and times designated by the Director. (Ord. 90-12, 5/29/90)
B. A person shall not swim, bathe, or wade in, or pollute any park waters, except that wading
and swimming shall be permitted in pools or other bodies of water expressly designated for these
purposes by the Director.
14.06.195 Rubbish Disposal.
A. A person shall not throw, place or dispose of any garbage, refuse, waste paper, bottles or
cans in any place in a park other than into a garbage can or other receptacle maintained therein
for that purpose. No garbage, refuse, waste paper, bottles or cans shall be brought into a park for
the purpose of disposing in any such receptacle. (Ord. 90-12, 5/29/90)
B. Where receptacles are not provided, all refuse or trash shall be carried away from the park or
recreation area by the person responsible for its presence, and properly disposed of elsewhere.
C. A person shall not scavenge through any garbage can or other solid waste receptacle, or
remove any item, including recyclables from any garbage can or solid waste receptacle, unless
authorized by the Director.
14.06.200 Concessions and Other Facilities—Sanitation Requirements.
The lessee, agent, manager or person in charge of a facility or water area under lease or
concession from the city, or owned in fee in any city park, shall at all times maintain the
premises in a clean, sanitary condition, free from malodorous materials and accumulations of
garbage, refuse, debris and other waste materials. Should the Director find that any facility or
water area under concession or lease is not so maintained, the Director shall in writing notify
said concessionaire, lessee, agent, manager or other person in charge of said facility or area to
immediately commence and diligently prosecute to completion the necessary correction of the
sanitary condition to the satisfaction of the Director. Failure to do so with reasonable dispatch
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Ordinance No.
shall be cause for the Director to cause the condition to be corrected as necessary, and the costs
of such correction to be charged to the lessee, concessionaire, agent, manager or person in
charge. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90)
14.06.210 Prohibited Uses and Activities.
A. Fire and Personal Portable Barbeques. A person shall not light or maintain any fire,
firework, or explosive in any park, except in areas designated by the Director for such use. (Ord.
90-12, 5/29/90)
B. Harmful Objects. A person shall not place, throw, leave, keep or maintain any object in
such a manner or in such a place that any person or animal may be injured or any structure or
vehicle may be damaged, in any park except in areas designated by the Director for such use.
(Ord. 90-12, 5/29/90)
C. Hazardous Games. No person shall operate a motorized or self-propelled model vehicle or
participate in activities of a hazardous nature such as, but not limited to propelling or launching a
rocket, missile, or projectile of any type, or participating in the game of archery, or hardball in
any area except as designated by the Director.
D. Firearms and Other Weapons. A person shall not bring, discharge, or shoot any firearm or
ammunition, explosive or incendiary device, firework, air gun, pellet gun, spring gun, slingshot,
crossbow, bow and arrow (except as otherwise provided in this section), trapping device, knife,
or weapon of any kind, including one that can be loaded with blank cartridges, in any park
except in areas designated by the Director designated for such use. Violation of this provision is
punishable as a misdemeanor. (Ord. 90-12, 5/29/90)
E. Model Airplanes and Boats. No person shall operate in any park, any model airplane, boat,
car, craft, or other similar device that is powered by an internal combustion engine, remote
control, or other similar or electrical power source, except in an area and at such times as
designated for such use by the Director. (Ord. 90-12, 5/29/90)
F. Sleds, Skis, and Other Winter Sports Equipment. A person shall not hitch or pull by any
vehicle upon, along or across any road or driveway any toboggan, sled, skis, or any other type of
winter sports equipment. (Ord. 90-12, 5/29/90)
G. Golf Prohibited. No person shall play the game of golf, in any of its forms or refinements,
including the activity known as putting, by the use of a golf club or clubs, or similar instrument,
to strike a golf ball in any park unless as part of an approved City recreation program. (Ord. 90-
12, 5/29/90)
H. Roller Skating and Skateboards Prohibited. No person shall operate any roller skates, as that
tern is defined in Section 12.08.160 of this code, or skateboard, as that term is defined in Section
12.08.185 of this code, in any park, without proper protection equipment as defined in Section
12.54.030, except upon the approval of the Director. (Ord. 90-12, 5/29/90)
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Ordinance No.
I. Stage Area Closure. It is unlawful to enter upon, cross, use, or remain upon an elevated
stage area at a city park without a permit from the City allowing such use or authorization from
the Director.
J. Climbing. It shall be unlawful for any person to climb any tree, or walk, stand, or sit upon
monuments, signs, buildings, roofs, railings, fences and gates, backstops, or tables in a park or
upon any park property not designated or customarily used for such purposes in a manner
inconsistent with the intended use or design.
14.06.220 Special Amusement Equipment.
The temporary construction and/or use of amusement play equipment such as moon bounces or
any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip and
slides, laser tag, etc. are prohibited unless authorized by the Director. A person shall not use or
place a bounce house/inflatable play structure/climbing wall in a park without the Director's
authorization and written verification of indemnification of the City and insurance naming the
City as an additional insured from the rental company providing the bounce house/inflatable play
structure/climbing wall. Location of the bounce house/inflatable play structure/climbing wall is
subject to the approval of the City.
14.06.230 Emergency or Temporary Closure of Parks, Trails, and Recreational Areas.
In an emergency or when the Director determines that the public interest, public health, public
morals, maintenance purposes, or public safety demands such action, any park, grounds, trails, or
recreation facility, or any part of portion thereof, may be closed to the public, and all persons
may be excluded therefrom, until such emergency or other reason upon which such
determination of the Director is based has ceased, at which time the park, grounds, trails, or
recreation facility, or part or portion thereof so closed shall be reopened to the public by the
Director. It is a misdemeanor for any person to enter and/or use any park or facility amenity that
is closed under this section.
14.06.240 Smoking Prohibited.
Smoking is prohibited in any park in the City of Santa Clarita, as stated in Section 9.50.055.
14.06.260 Ability to Regulate Park Areas
No person using a park shall have a picnic or lunch or loiter in a place that interferes with the use
of active recreation or maintenance areas. The Director and staff shall have the authority to
regulate the activities in such areas when necessary for safety, to prevent congestion, and to
secure the maximum use for the comfort and convenience of all. Visitors shall comply with any
directions given to achieve this end. Individual barbeques or tables and benches shall be used on
a first-come, first-served basis unless reserved by permit.
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Ordinance No.
Chapter 14.08
RIDING AND HIKING TRAILS
Sections:
14.08.010 Operation of Motor Vehicles Prohibited Where.
14.08.020 Allowed Uses — Riding and Hiking Trails.
14.08.025 Allowed Uses — Paved Paths/Trails.
14.08.030 Right of Way.
14.08.010 Operation of Motor Vehicles Prohibited Where.
Except in the case of City -owned vehicles or other authorized vehicles, a person shall not operate
any motor vehicle on or over any firebreak or any fire protection roads which are posted against
public use and provided with locked gates, or operate any motor vehicle on or over any riding or
hiking trail, including a riding and hiking trail established under Article 6 of Chapter I of
Division 5 of the Public Resources Code of the State of California, except as otherwise provided
in Section 14.06.060 of this chapter. Violation of this section is punishable as a misdemeanor.
14.08.020 Allowed Uses — Riding and Hiking Trails.
Hiking, running, bicycle use, and horseback riding are allowed on riding and hiking trails at all
times unless specifically prohibited and posted otherwise. Trail users shall travel at safe speeds
at all times.
14.08.025 Allowed Uses — Paved Paths/Trails
Bicycles, pedestrians, skates, skateboards, non -motorized scooters, and baby strollers are
allowed on all paved trails at all times unless specifically prohibited and posted otherwise. Trail
users shall travel at a speed at which the trail user is safe and in control at all times, and does not
pose any danger to other users.
14.08.030 Right of Way.
In areas of mixed use, i.e. horses, bicycles and/or other wheeled traffic, and pedestrians,
horseback riders (equestrians) shall have the right-of-way. If the area of mixed use includes
bicycles or other wheeled traffic and pedestrians, then pedestrians shall have the right-of-way.
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Ordinance No.
Chapter 14.10
OPEN SPACE AREAS
Sections:
Permitted Uses.
14.10.010
Applicability of Regulations.
14.10.020
Hours of Operation.
14.10.030
Glass containers.
14.10.040
Fishing.
14.10.050
Hunting.
14.10.060
Protection of Plant Material.
14.10.070
Protection of Wildlife.
14.10.080
Protection of City Facilities, Improvements and Natural Features.
14.10.090
Permitted Uses.
14.10.100
Motor Vehicles and Parking.
14.10.110
Trails.
14.10.120
Agricultural Spraying.
14.10.140
Special Open Space Areas/Liability.
14.10.010
Applicability of Regulations.
In addition to the rules and regulations already mentioned in this Title, the following rules and
regulations apply to all open space areas in the City except as otherwise expressly stated.
14.10.020 Hours of Operation.
Pursuant to Section 14.06.020, a person shall not enter, be, or remain in any open space area
between sunset and sunrise, except as authorized by a written permit issued by the Director. The
Director may change the hours of use as stated above for any event or individual open space
area. All persons shall comply with such changed hours. A person shall not park or cause to be
parked any motor vehicle in any park facility for a park between the hours of 10:00 p.m. and
sunrise on the following day or when posted closed or no parking.
14.10.030 Glass containers.
No person shall bring glass containers into a City open space area.
14.10.040 Fishing.
Fishing is prohibited within the boundaries of a City open space area, unless specifically
authorized by the Director by a written permit.
14.10.050 Hunting.
Hunting is prohibited within or into the boundaries of any City open space area.
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Ordinance No.
All
14.10.060 Protection of Plant Material.
Except for maintenance, construction, pest control activities, research, and flood control
maintenance authorized by the Director, no person using an open space area shall willfully
deface, disfigure, injure or remove any plant material on, or from, that property. Removal of
plant materials is strictly prohibited without a written permit granted by the Director.
14.10.070 Protection of Wildlife.
Except for maintenance, construction, or pest control activities authorized by the Director, no
person using an open space area shall hunt, harm, molest, kill or harass any wildlife found on
that property.
14.10.080 Protection of City Facilities, Improvements and Natural Features.
No person, except for authorized City personnel or other authorized persons, shall willfully
deface, damage, remove, or modify any City open space area, facility, improvement, or natural
feature including, but not limited to, buildings, signs, exhibits, irrigation systems, benches,
bridges, trails, gates, fences, and landforms, whether natural or manmade.
14.10.090 Permitted Uses.
Permitted uses in open space areas are limited to passive public recreation, such as hiking,
biking, walking, running, and horseback riding. No person shall play or practice any field sport,
such as golf, frisbee, baseball, archery, skateboard, soccer, or football in open space areas unless
approved in advance by the Director..
14.10.100 Motor Vehicles and Parking.
Except in the case of City -owned vehicles, vehicles owned by other governmental agencies, or
authorized private vehicles, no person shall park, permit the parking of, drive, or permit to be
driven, any motor vehicle, including any motorcycle, dirt bike, or any motor -driven bike or
scooter, upon or across any open space area owned or maintained by the City unless specifically
authorized by written permit. This prohibition shall not be applicable to emergency vehicles.
Parking shall be in designated locations or by written permit only.
14.10.110 Trails.
Persons visiting open space areas shall stay on designated trails only, unless specific permission
is granted by the Director. Information on allowed uses is contained in Section 14.08.
14.10.120 Agricultural Spraying.
No person shall enter upon a posted agricultural buffer area without a written permit. If notified
that agricultural spraying is taking place on adjacent fields, all persons shall vacate the affected
area immediately when notified to do so.
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14.10.140 Special Open Space Areas/Liability.
The Director shall have authority to grant access to certain open space areas by permission only.
In addition to the regulations specified in section 140.06.160 and other relevant City ordinances,
the Director may impose additional regulations or restrictions on the use of specially designated
open space areas. All persons shall be liable to the City for any and all damage to open space
areas, facilities, vegetation, and wildlife owned or managed by the City.
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Ordinance No.
Chapter 14.12
MUNICIPAL AQUATIC FACILITIES
Sections:
14.12.010 When Open —Rules and Regulations.
14.12.010 When Open —Rules and Regulations.
The municipal swimming pools of the City shall be opened to the public as limited in this
chapter at all proper and seasonable times subject to such rules and regulations contained in this
chapter. The hours during which the swimming pools are open for use shall be determined by
the Director, and it is unlawful for any person or persons to enter the waters of the pools except
when open and when Aquatics personnel or lifeguards are in charge of the same and on duty.
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Ordinance No.
Chapter 14.14
USE OF CITY SKATE PARK
Sections:
14.14.010 Skate Park Rules and Regulations
14.14.010 Skate Park Rules and Regulations
Skate parks are specially regulated under State law. City skate parks shall comply with certain
statutory standards, as established by the State of California, set for all public skate parks
operated by a public agency. (Ord. 98-17, 7/14/98)
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Ordinance No.
EXHIBIT G
Chapter 15.40
CHANNELS
Sections:
15.40.020 Maintenance — Owner Responsibilities.
15.40.030 Placing Obstructions, Refuse and Contaminating Substances in Channels
Prohibited.
15.40.040 Bridges and Dip Crossing Permitted When.
15.40.060 Violations — Penalty.
15.40.020 Maintenance — Owner Responsibilities.
The owner of any natural watercourse, swale or man-made drainage channel shall maintain the
same free of any vegetation, rubbish or other obstructions to the extent necessary so that the
natural flow will not be impeded at any time. The word "owner" means the owner of the land
traversed by such watercourse, swale, or drainage channel and any person in lawful possession
thereof. When any such watercourse, swale or drainage channel flows in an easement granted for
such purpose and the grantee has improved such watercourse, swale or drainage channel, the
word "owner" shall mean both the person, firm, corporation or public body owning such
easement and the property owner. (Ord. 90-18, 7/24/90)
15.40.030 Placing Obstructions, Refuse and Contaminating Substances in Channels
Prohibited.
A. It is unlawful for any person, corporation, or other entity to place or cause to be placed
within a floodway, or in the channel, bed, or on the bank of any river, stream, wash or arroyo in
the City, or within the floodplain of such river, stream, wash or arroyo if a floodway designation
has not been adopted, or within or upon any floodway or any flood -control channel, reservoir,
debris basis, spreading ground, or any property over which the Los Angeles County Flood
Control District has an easement or fee title thereto for flood and/or conservation purposes duly
recorded in the office of the county recorder, any wires, fence, building or other structure, or any
refuse, rubbish, tin cans or other matter that may impede, retard, or change the normal direction
of the flow of the flood, storm, and other waters in such river, stream, wash, arroyo, floodway,
floodplain, flood -control channel, reservoir, debris basin or spreading ground, or that may catch
or collect debris carried by such waters, or that may be carried downstream by such waters to the
damage or detriment of either private or public property within or adjacent to such river, stream,
wash, arroyo, floodway, floodplain, flood -control channel, reservoir, debris basin, or spreading
ground or that will deteriorate the quality of water flowing or stored therein or that which is
stored within the water -bearing zones underground.
B. As used herein, "floodplain" means the lowlands adjoining natural watercourses which will
be covered by water during flood events. (Ord. 90-18, 7/24/90)
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15.40.040 Bridges and Dip Crossing Permitted.
This chapter does not prohibit the construction or maintenance of dip crossings of natural
drainage courses on private property if such dip crossings:
A. Do not change the stream flow characteristics to the detriment of upstream, downstream or
adjacent properties;
B. Are constructed from materials obtained in the adjacent stream bed, except for culvert pipe,
asphaltic concrete, and Portland cement concrete paving;
C. Do not violate any provision of the Fire Code, as amended;
D. Do not sever any bicycle, equestrian, pedestrian or special trail of the City; and
E. Comply with all Federal, State and Local regulations
15.40.060 Violation — Penalty.
Any person, firm, corporation, municipality or district, or any officer or agent of firm,
corporation municipality or district violating any provisions of this Chapter shall be guilty of a
misdemeanor.
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EXHIBIT H
Chapter 23.10
GENERAL PENALTIES
Sections:
23.10.010
General Prohibition.
23.10.020
General Penalty.
23.10.030
Penalties for Infractions.
23.10.040
Code Enforcement.
23.10.050
Citation Procedure for Violations.
23.10.060
Failure to Appear.
23.10.070
Prosecutorial Duties of the City Attorney.
23.10.080
Establishment of Offenses as Infractions
23.10.010 General Prohibition.
A. It is unlawful for any person to violate, or fail to comply with, any provision of the Santa
Clarita Municipal Code. Each and every violation of any part of this code including, without
limitation, any franchise or permit issued pursuant to this code, is a misdemeanor unless
otherwise specified.
B. Every person violating the code is guilty of a separate offense for each and every day during
any portion of which any violation of any provision of this code is committed, continued, or
permitted by such person.
C. In addition to these criminal penalties, any condition caused or permitted to exist in
violation of any of the provisions of this code is a public nuisance and may be abated in
accordance with this code. (Ord. 04-7 § 5, 8/24/04)
23.10.020 General Penalty.
Persons convicted of a misdemeanor, the penalty for which is not otherwise prescribed, will be
punished by a fine not to exceed one thousand dollars ($1,000); by imprisonment for not more
than six (6) months; or by both a fine and imprisonment for each violation of this code. (Ord. 04-
7 § 5, 8/24/04)
23.10.030 Penalties for Infractions.
Each infraction is punishable as follows:
A. A fine not exceeding one hundred dollars ($100.00) for the first violation;
B. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same
provision within one year; and
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C. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the
same provision within one year of the first violation. (Ord. 04-7 § 5, 8/24/04)
23.10.040 Code Enforcement.
A. Authorization. The Police Department, Fire Department, Utilities Division, Building
Official, and other persons designated by the City Manager are authorized to enforce the various
provisions of this code under their respective authority or as is specifically assigned to them by
the City Manager or City Council.
B. Powers of Arrest. Officials and employees designated to enforce provisions of this code
have authority to arrest persons pursuant to Penal Code Section 836.5 for purposes of issuing
citations for violations of provisions of this code. Police officers have full authority to arrest
persons for violations of the provision of this code pursuant to any applicable provision of the
Penal Code. (Ord. 04-7 § 5, 8/24/04)
23.10.050 Citation Procedure for Violations.
A. Any City officer or employee arresting any person for a violation of any provision of this
code, who does not immediately take such arrested person before a magistrate, as prescribed in
the Penal Code of the State, must prepare in duplicate a written notice to appear in court.
B. The notice must contain:
The name and address of the person arrested;
2. The offense charged, the time and place of the alleged violation; and
3. Where and when such person must appear in court. The time specified in the notice for
appearance must be at least ten (10) days after such arrest. The place specified in the notice
to appear and the notice must conform with all applicable provisions of the Penal Code.
4. The arresting City officer or employee must deliver one copy of the notice to appear to
the alleged violator. In order to secure immediate release, the violator must give a written
promise to appear in court at the time and place indicated on the notice by signing the
duplicate notice. That signed copy must be retained by the City officer or employee.
Thereafter, the arresting City officer and employee must release the alleged violator from
custody. The duplicate copy of the notice to appear must be filed in the manner prescribed
in the Penal Code. (Ord. 04-7 § 5, 8/24/04)
23.10.060 Failure to Appear.
Any person who willfully violates a written promise to appear in court by failing to appear at the
time and place stated is guilty of a misdemeanor regardless of the disposition of the charge upon
which the person was originally arrested. (Ord. 04-7 § 5, 8/24/04)
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23.10.070 Prosecutorial Duties of the City Attorney.
A. In addition to any other general functions, powers, and duties given to the City Attorney by
this code or California law, the City Attorney will:
1. Prosecute on behalf of the people all criminal and civil cases for violations of this
code; any franchises or permits issued pursuant to this code; City ordinances; and any State
misdemeanors that the City Council elects to enforce.
2. Draft complaints for such cases and prosecute all recognizances and bail bonds
forfeited arising from or resulting from the commission of such offenses.
3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money
accruing to the City under this code or otherwise.
4. Represent the City in all appeals arising as a consequence of the City Attorney's
prosecutions.
B. Notwithstanding any other provision of this code, the City Attorney is the only officer that
may file misdemeanor charges in accordance with this code.
C. Nothing contained in this section will interfere with the authority of public safety officials to
arrest persons pursuant to any applicable provision of this code and/or the California Penal Code.
(Ord. 04-7 § 5, 8/24/04)
23.10.080 Establishment of Offenses as Infractions.
Any violation expressly declared to be punishable, in the discretion of the Court, by either a fine,
or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of
the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding One Hundred Dollars
($100) in the case of a first offense;
B. When the court grants probation to a defendant without the imposition of a sentence and, at
the time of granting probation, or on application of the defendant or probation officer thereafter,
the court declares the offense to be an infraction; or
C. When the City Attorney or any deputy district attorney files in a court having jurisdiction
over misdemeanor offenses a complaint specifying that the offense is an infraction.
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EXHIBIT I
Chapter 23.20
ADMINISTRATIVE CITATIONS
Sections:
Article III. Administrative Review and Hearings
23.20.120 Initial Administrative Review—Request.
23.20.130 Initial Administrative Review—Procedure.
23.20.140 Initial Administrative Review—Decision.
Article I. General Provisions
23.20.010
Purpose.
23.20.020
Applicability.
23.20.030
Definitions.
23.20.040
Notices.
23.20.190
Article II. Administrative Citations
23.20.050
Administrative Citations.
23.20.060
Amount of Administrative Fines.
23.20.070
Payment of Administrative Fines.
23.20.080
Delinquent Administrative Fines—Penalties and Interest.
23.20.090
Issuance of Permits.
23.20.100
Compliance Orders.
23.20.110
Correction of Violation.
Article III. Administrative Review and Hearings
23.20.120 Initial Administrative Review—Request.
23.20.130 Initial Administrative Review—Procedure.
23.20.140 Initial Administrative Review—Decision.
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Article IV. Administrative Hearing Procedures
23.20.150
Request for Administrative Hearing.
23.20.160
Advance Deposit—Hardship Waiver.
23.20.170
Hearing Officer.
23.20.180
Hearing Date.
23.20.190
Conduct of Hearings.
23.20.200
Hearing Officer's Decision.
23.20.210
Disposition of Administrative Fines.
23.20.220
Right to Judicial Review.
Article V. Collection and Lien Procedures
23.20.230
Recovery of Administrative Citation Fines and Costs.
23.20.240
Lien Procedure.
23.20.250
Recording a Lien.
23.20.260
Administrative Fee.
23.20.270
Satisfaction of Lien.
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Article I. General Provisions
23.20.010 Purpose.
This chapter is adopted pursuant to the City's police powers and Government Code Section
53069.4 for the purpose of making any violation of the Santa Clarita Municipal Code subject to
an administrative fine and to set forth the procedures for the imposition and collection of such
fines. (Ord. 04-8 § 2, 8/24/04)
23.20.020 Applicability.
This chapter provides for administrative citations that are in addition to all other legal remedies,
criminal or civil, which the City may pursue to address any violation of this code. The use of this
chapter is at the sole discretion of the City officer or employee enforcing this code. (Ord. 04-8
§ 2, 8/24/04)
23.20.030 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern
the construction of the words and phrases used in this chapter:
A. "Citee" means the person(s) to whom a Code Enforcement Officer issued an administrative
citation pursuant to this chapter.
B. "City Manager" means the City Manager, or designee.
C. "Code Enforcement Officer" means any City employee or agent with the authority to
enforce any provision of this code.
D. "Department Manager" means the Department Director or designee for the department
responsible for issuing a citation pursuant to this chapter. (Ord. 04-8 § 2, 8/24/04)
23.20.040 Notices.
Unless otherwise provided, all notices and citations required by this chapter must be served on
citee via personal service or first-class mail, postage prepaid, to citee's last known address.
Service is effective when personally served or when deposited into the United States mail. The
individual serving a citee with notice must complete a declaration of service. Failure to receive
any notice does not affect the validity of the proceedings conducted under this chapter. (Ord. 04-
8 § 2, 8/24/04)
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Article II. Administrative Citations
23.20.050 Administrative Citations.
A. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal citation
that could have been issued for the same violation. The issuance of the administrative citation
does not, however, prevent the issuance of a criminal citation for a subsequent violation of the
same nature.
B. Contents of Administrative Citation. Each administrative citation must contain the
following information:
The date of the violation;
2. The address or a definite description of the geographic location where the violation
occurred or is occurring;
3. The section of this code that was violated;
4. A description of the conditions causing the code violation;
5. The amount of the administrative fine for the code violation;
6. A description of the fine payment process, including a description of the time within
which, and the place where, the fine must be paid;
7. An order prohibiting the continued or repeated occurrence of the code violation
described in the administrative citation;
8. Notification that payment of a fine under this chapter does not excuse or discharge any
continued or repeated occurrence of the code violation that is the subject of the
administrative citation;
9. A description of the administrative citation review process, including the time within
which the administrative citation may be contested and the manner in which a request for
review of the citation may be requested; and
10. The name of the citing Code Enforcement Officer.
C. Service and Filing of Administrative Citations. The Code Enforcement Officer must serve
the original citation on the person cited in the manner set forth in this chapter and forward a copy
of the administrative citation to the Department Manager. (Ord. 04-8 § 2, 8/24/04)
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23.20.060 Amount of Administrative Fines.
The amounts of the administrative fines imposed for code violations under this chapter are
established by City Council resolution. That resolution must also set forth any increased fines for
repeat violations of the same code provision by the same person within twelve (12) months from
the date of a previous administrative citation. (Ord. 04-8 § 2, 8/24/04)
23.20.070 Payment of Administrative Fines.
An administrative fine must be paid to the City within thirty (30) days from the date of the
administrative citation or, if a request for an initial administrative review is submitted and the
review held, then within fifteen (15) days after the date of the notice of the conclusions of that
initial administrative review, whichever is later. (Ord. 04-8 § 2, 8/24/04)
23.20.080 Delinquent Administrative Fines—Penalties and Interest.
A. A penalty of ten (10) percent is added on any delinquent fines on the last day of each
month after the due date. The penalty will not exceed fifty (50) percent of the fine.
B. In addition to penalties provided by this section, delinquent fines accrue interest at the rate
of one percent per month, compounded monthly, exclusive of penalties, from the due date. (Ord.
04-8 § 2, 8/24/04)
23.20.090 Issuance of Permits.
Should a Code Enforcement Officer issue a citation because the citee lacks a required permit and
the fine is delinquent, the City will not issue a permit until the delinquent fine, and any
applicable penalties and interest, is paid. (Ord. 04-8 § 2, 8/24/04)
23.20.100 Compliance Orders.
Before issuing an administrative citation for any violation of building, plumbing, electrical,
mechanical, grading, or similar regulation set forth in this code or incorporated by reference, or
any violation of Title 15 of this code, the Code Enforcement Officer must first issue a written
compliance order to the person(s) responsible for the violation unless the violation constitutes an
immediate threat to public health or safety. The compliance order must contain all of the
following:
A. The date on which, and geographic location where, the violation was observed;
B. The section number of this code violated;
C. A description of the conditions causing the code violation;
D. Actions required to correct the violation;
E. A reasonable time period for the correction of the violation; and
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F. Notice that if the violation is not corrected by the date specified in the compliance order,
that an administrative citation may be issued and administrative fines imposed for failure to
correct violations by the date specified. (Ord. 04-8 § 2, 8/24/04)
23.20.110 Correction of Violation.
No further action is required if the Code Enforcement Officer determines that all violations in the
compliance order were cured. If the Code Enforcement Officer determines that all violations
were not corrected within the time specified, an administrative citation may be issued to each
person named in the compliance order as a responsible person. (Ord. 04-8 § 2, 8/24/04)
Article III. Administrative Review and Hearings
23.20.120 Initial Administrative Review—Request..
Citees may request an initial administrative review of the citation within twenty (20) days of its
issuance. This request must be made in writing to the Department Manager and set forth with
particularity the reasons the citee believes a violation did not occur or that the citee was not
responsible for the violation(s); must include a copy of the citation; and contain the address to
which the conclusions of the City's review should be mailed. A request for an initial
administrative review is a mandatory prerequisite to a request for an administrative hearing.
(Ord. 04-8 § 2, 8/24/04)
23.20.130 Initial Administrative Review—Procedure.
All initial administrative review requests shall be forwarded to the Department Manager
supervising the Code Enforcement Officer who issued the administrative citation. (Ord. 04-8 § 2,
8/24/04)
23.20.140 Initial Administrative Review—Decision.
A. The Department Manager will review the requests, and provide the Clerk with a written
notification that:
1. The citation should be vacated because there was no violation, or the citee was not
responsible for the violation, and setting forth the basis for that conclusion; and
2. There is no justification found for vacating the citation.
B. The Department Manager should mail a copy of the notification to the citee at the address
on the request for initial administrative review along with notice establishing the fine due date
and the procedure for requesting an administrative hearing.
C. The Department Manager should complete his/her review within ten (10) days of receiving
the citee's request. (Ord. 04-8 § 2, 8/24/04)
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Article IV. Administrative Hearing Procedures
23.20.150 Request for Administrative Hearing.
Any citee dissatisfied with the conclusions of an initial administrative review may contest that
citation by requesting an administrative hearing. A citee must request an administrative hearing
within fifteen (15) days after the date the City served the citee with notice of the administrative
review decision. Requests must be submitted to the City Manager and be accompanied by an
advance deposit of the fine or a request for a hardship waiver. (Ord. 04-8 § 2, 8/24/04)
23.20.160 Advance Deposit—Hardship Waiver.
A. Citees financially unable to make an advance deposit of the administrative fine may file for
a hardship waiver. The request for a hardship waiver must be filed with the Department Manager
on a form containing information that may be required by the Department Manager. The
Department Manager will review the request and determine whether a waiver is justified. A
waiver may only be approved if the request for waiver is accompanied by a sworn affidavit,
together with any supporting documents or materials, demonstrating the citee's actual financial
inability to deposit the full amount of the fine.
B. The Department Manager will inform the citee in writing regarding whether the
Department Manager approved the waiver. This determination must be served upon the citee by
mail at the address provided in the waiver application. The Department Manager's determination
is final.
C. Should the Department Manager determine that a waiver is unjustified, the citee must
deposit the fine amount with the City not later than ten (10) days after the date of that decision.
Failure to make a deposit within ten (10) days after waiver denial is deemed a waiver of the
citee's right to an administrative hearing and the administrative fine will be deemed delinquent.
(Ord. 04-8 § 2, 8/24/04)
23.20.170 Hearing Officer.
The City Manager designates the hearing officer for the administrative citation hearing. (Ord. 04-
8 § 2, 8/24/04)
23.20.180 Hearing Date.
After receiving a timely hearing request and deposit, or waiver, of the fine amount, the City
Manager sets an administrative hearing on a date not less than fifteen (15) nor more than sixty
(60) days from the date the hearing is requested. Written notice of the date, time and location of
the administrative hearing must be provided to the citee at least fifteen (15) days before the
hearing date. (Ord. 04-8 § 2, 8/24/04)
23.20.190 Conduct of Hearings.
A. Evidentiary Rules. The administrative citation is prima facie evidence of the respective
facts contained in the citation. Both the citee and Code Enforcement Officer have the opportunity
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to testify and present additional evidence concerning the administrative citation. Evidence may
include, without limitation, witness testimony, documents, or other similar evidence. Evidence
sought to be introduced is not limited to any legal rules of evidence except for the rule that it
must be relevant and material to the issues of whether the violation alleged in the citation
occurred and whether the citee was responsible for the violation. The hearing officer will use
preponderance of the evidence as the standard of evidence in deciding issues at the hearing.
B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an
administrative hearing, the citee may request that the hearing officer decide the matter based on
the citation itself and any other documentary evidence submitted by the citee or Code
Enforcement Officer before the hearing date.
C. Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed a waiver
of the right to be personally present at the hearing. The hearing officer must then decide the
matter based upon the citation itself, any documentary evidence previously submitted, and any
additional evidence that may be presented at the hearing by the Code Enforcement Officer.
D. Attendance of Code Enforcement Officer. The Code Enforcement Officer who issued the
administrative citation shall attend the administrative hearing.
E. Continuation of Hearings. The hearing officer may continue any hearing and request
additional information from the Code Enforcement Officer or citee before issuing a written
decision. The party seeking the continuance may be assessed the administrative hearing officer's
cancellation fee, if any.
23.20.200 Hearing Officer's Decision.
A. The hearing officer must issue a written decision to uphold or set aside the administrative
citation and present the reasons for that decision. As part of his or her decision, the hearing
officer may impose conditions and deadlines to correct any remaining code violation and may
also assess the hearing officer's costs if he or she determines that the appeal was either requested
to delay compliance with the Municipal Code or was totally and completely without merit.
B. The Department Manager must send a copy of the hearing officer's decision to the citee
with notice of the citee's right to appeal the decision in Superior Court.
C. The hearing officer's decision is the City's final action on the matter. There is no right to
an appeal other than as provided in this chapter. The hearing officer's decision is final as of the
date of the decision. (Ord. 04-8 § 2, 8/24/04)
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23.20.210 Disposition of Administrative Fines.
A. Should the hearing officer uphold the administrative citation, then the City can retain the
deposited fine amount. Any outstanding fines, penalties, interest, and costs, including any costs
assessed against the citee for pursuing a frivolous appeal, shall be due to the City within thirty
(30) days from the date of the notice of the hearing officer's decision.
B. Should the hearing officer vacate the administrative citation, the City must promptly refund
the amount of the deposited fine, if any.
C. Should the hearing officer uphold the administrative citation and a hardship waiver was
previously granted, the due date for paying the administrative fine will be thirty (30) days from
the date of the notice of the hearing officer's decision.
D. The City may use all legal means to collect any past due fines, including penalties and
interest, should a citee fail to pay in a timely manner. (Ord. 04-8 § 2, 8/24/04)
23.20.220 Right to Judicial Review.
A. A citee may appeal the hearing officer's decision by filing an appeal with the Superior
Court pursuant to Government Code Section 53069.4, or any successor statute, within twenty
(20) days from service of the hearing officer's decision.
B. Should the citee file a timely appeal with the Superior Court, the requirement to pay the
fine is suspended and the payment of the fine, if any, will be in accordance with the Superior
Court decision. (Ord. 04-8 § 2, 8/24/04)
Article V. Collection and Lien Procedures
23.20.230 Recovery of Administrative Citation Fines and Costs.
A. The failure of any person to pay a fine or penalty assessed by administrative citation within
the time specified on the citation, or within the deadlines established by Section 23.20.210,
constitutes a debt to the City. To enforce that debt, the City may file a civil action, lien the
subject property as set forth below, or pursue any other legal remedy to collect such debt. A
person who fails to pay any fine or other charge owed to the City under this division is liable in
any action brought by the City for all costs incurred in securing payment of the delinquent
amount, including, but not limited to, administrative costs and attorneys' fees. Such collection
costs are in addition to any fines, interest, and late charges.
B. In addition to any other legal remedy, the City may place a lien on property owned by the
citee in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus
any penalties, interest, fees and costs, including fees and costs assessed against the citee by an
administrative hearing officer. Imposition of a lien must stem from a citation for the condition or
use of real property, or its improvements that is owned by the citee. (Ord. 04-8 § 2, 8/24/04)
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23.20.240 Lien Procedure.
A. The Department Manager may initiate proceedings to record a lien by submitting a report
to the City Manager stating the amounts due and owing and contact the City Clerk to fix a time,
date, and place for the City Council to consider the report and any protests or objections to it.
Notice of the hearing and the proposed lien will be delivered to the property owner of record of
the parcel of land that was the subject of the administrative citation or citations, based on the last
equalized assessment roll or the supplemental roll, whichever is more current, before recordation
of the lien. The notice will be served in the same manner as a summons in a civil action in
accordance with Code of Civil Procedure Section 415. 10, et seq. If the owner of record, after
diligent search, cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of ten (10) days, and publication thereof for ten
days in a newspaper of general circulation published in the county in which the property is
located pursuant to Government Code Section 6062. The notice shall include an itemized
summary of the proposed lien amount and a statement that the amount of the lien may be
collected as a special assessment and that the property may be sold after three years by the tax
collector for unpaid delinquent assessments and that any special assessment for unpaid
administrative citation fines, penalties, interest, fees, and costs may be collected at the same time
and in the same manner as ordinary municipal taxes are collected, and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as provided for ordinary
municipal taxes.
B. At the hearing, the citee may contest the amount of the proposed lien, but the citee may not
contest the validity of the citation or citations.
C. At the conclusion of the hearing, the City Council will adopt a resolution confirming,
discharging, or modifying the lien amount. (Ord. 04-8 § 2, 8/24/04)
23.20.250 Recording a Lien; Special Assessment.
A. Within thirty (30) days following the City Council's adoption of a resolution imposing a
lien, the Department Manager will file same as a judgment lien in the Los Angeles County
Recorder's Office. (Ord. 04-8 § 2, 8/24/04)
B. The City's total costs described in this chapter may also be collected as a special
assessment against the lot or parcel on which the nuisance existed that resulted in the issuance of
the unpaid administrative citation(s). The City shall give notice of the special assessment at the
time of imposing the assessment and shall specify that the property may be sold after three years
by the tax collector for unpaid delinquent assessments. The City shall give such notice to the
property owner by certified mail, if the property owner's identity can be determined from the
county assessor's or county recorder's records. After recordation of the lien, the Department
Manager may present a copy of the lien, the notice of proposed recordation, and proof of service
to the county tax collector to add the amount of the lien to the next regular property tax bills
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levied against the parcel for municipal purposes. This amount will be collected at the same time
and in the same manner as ordinary property taxes are collected, and will be subject to the same
penalties and procedures under foreclosure and sale as provided for with ordinary municipal
taxes. However, if any real property to which the costs described in this chapter relate has been
transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrance for value has been created and attached thereon, before the date on which the first
installment of the taxes would become delinquent, then the costs described in this chapter will
not result in a lien against the real property but instead will be transferred to the unsecured roll
for collection.
C. The lien may also be foreclosed by judicial or other sale in the manner and means provided
by law.
23.20.260 Administrative Fee.
Each citee against whose property an assessment is levied pursuant to this chapter will also be
assessed an administrative fee in an amount established by City Council resolution based on the
costs incurred in levying the assessment. The administrative fee will be included in the lien
amount approved by the City Council and recorded against the citee's property. (Ord. 04-8 § 2,
8/24/04)
23.20.270 Satisfaction of Lien.
Once the City receives full payment for outstanding principal, penalties, and costs, the
Department Manager will either record a notice of satisfaction or provide the citee with a notice
of satisfaction for recordation at the Los Angeles County Recorder's Office. This notice of
satisfaction will cancel the City's lien. (Ord. 04-8 § 2, 8/24/04)
Ordinance No.
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EXHIBIT J
Chapter 23.30
PUBLIC NUISANCES
Sections:
23.30.010 Purpose.
23.30.020 Definitions.
23.30.030 Nuisance Generally.
23.30.040 Nuisances Designated.
23.30.050 Abatement Authority.
23.30.060 Abatement of Nuisance.
23.30.062 Recording Notice of Violation
23.30.070 Responsibility for Abatement.
23.30.080 Notice of Hearings for Nuisance Abatement.
23.30.090 Hearing Procedure.
23.30.100 Compliance with Abatement Order.
23.30.110 City Expenses—Record of Costs.
23.30.120 Hearing on the Cost of Abatement.
23.30.130 Nuisance Abatement Lien and Special Assessment Procedures.
23.30.140 Order for Treble Costs of Abatement.
23.30.150 Judicial Remedies.
23.30.160 Emergency Abatement.
23.30.010 Purpose.
This chapter is adopted pursuant to the City's police powers; Government Code Sections 38771
through 38773.7, 53069.3, including any successor statutes; and Civil Procedure Code Section
731, including any successor statutes, for the purposes of identifying public nuisances;.
authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons
for causing or permitting such public nuisances. Nothing contained in this chapter is intended to,
nor will it, preclude the City from pursuing any other available civil or criminal remedies
concurrently or in addition to the proceedings established by this chapter to enforce this code.
(Ord. 04-9 § 2, 8/24/04)
23.30.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this chapter:
A. "Brush" shall mean the predominant plant community in the canyons of Southern California
also known as Chaparral, comprised of shrubby plants that have adapted to dry summers and
moist winters.
B. "Bulky item" means any discarded furniture, home or industrial appliance or abandoned
vehicle or a part of an abandoned vehicle.
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C. "Department Manager" means the Department Director or designee for the department
responsible for abating nuisances identified pursuant to this code.
D. "Driver" means any person who drives a motor vehicle
E. "Enforcement officer" means any City employee or agent with the authority to enforce any
provision of this code.
F. "Hazardous waste" means any waste materials or mixture of wastes defined as a "hazardous
substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response,
Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the Carpenter -
Presley -Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety
Code Section 25300 et seq., and all future amendments to any of them, or as defined by the
California Integrated Waste Management Board or the California Department of Toxic
Substances Control. Where there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be
construed to have the broader, more encompassing definition.
G. "Hearing officer" means City Manager or designee.
H. "Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky
item, hazardous waste or solid waste on public or private property not designated for that
dumping or disposal purpose.
I. "Incidental and administrative expenses" include, without limitation, the costs of preparing,
printing, mailing, and/or delivering notices, correspondence, specifications, and contracts,
personnel costs incurred for property inspections (such costs will be calculated at an hourly rate
based on a schedule established by City Council resolution), title search costs, costs related to
inspection warrants, costs related to office hearings and administrative adjudications, costs
incurred by the City in carrying out any nuisance abatement, and all costs or expenses to which
the City may be entitled pursuant to California law and/or this code.
J. "Inoperable and/or unregistered/unlicensed vehicle" means any motor vehicle that is
mechanically incapable of being driven or prohibited from being operated on a public street or
highway pursuant to the provisions of Vehicle Code Sections 4000 (unregistered vehicles), 5202
(failure to display license plate), 24002 (unsafe conditions, improper equipment, load) and 40001
(all violations apply to driving or operating on highways).
K. "Motor vehicle" shall have the same meaning asset forth in Section 415 of the California
Vehicle Code.
L. "Non -seaworthy" shall mean any boat or vessel that has a hull, keel, decking, cabin and/or
mast that is structurally unsound.
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M. "Overgrown or Hazardous Vegetation" means any weeds, or brush which attain a high
growth in excess of six inches (6") above the grade in the area of growth, or which become a fire
menace when dry or that become dangerous to the life and health of the community.
N. "Responsible person" means any person or persons creating, causing, committing or
maintaining any public nuisance as defined by this code including, without limitation, any person
owning, leasing, occupying or having charge or possession of real property. (Ord. 04-9 § 2,
8/24/04)
O. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid
wastes. Solid waste includes recyclable solid waste but does not include (1) hazardous waste; (2)
radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and
(3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.
P. "Vessel' shall mean and include every description of watercraft used or capable of being
used as a means of transportation on water.
23.30.030 Nuisance Generally.
Anything that is injurious to health; is indecent; offensive to the senses; obstructs the free use of
property so as to interfere with the comfortable enjoyment of life or property; or obstructs the
free passage or use in the customary manner of any public park, square, street or highway, is a
public nuisance. (Ord. 04-9 § 2, 8/24/04)
23.30.040 Nuisances Designated.
It is unlawful and it is declared to be a public nuisance for any person owning, leasing,
occupying, or having charge or possession of any property within the City to maintain such
property in such a manner that any of the conditions listed below are found to exist. This section
is not the exclusive definition or designation of what constitutes a nuisance within this City. It
supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the
City, State, or any other legal entity or agency having jurisdiction. Designated public nuisances
include the following:
A. A violation of any provision of applicable law including, without limitation, the Santa
Clarita Municipal Code;
B. Any land, the topography, geology, or configuration of which, whether in a natural state or
as a result of grading operations, excavations, fill, or other alteration, interferes with the
established drainage pattern over the property or from adjoining or other properties which does
or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to
be injurious to public health, safety and welfare or to neighboring properties;
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C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up,
dilapidated, or permitted to remain in a state of partial construction;
D. The failure to secure and maintain against public access all doorways, windows, and other
openings into vacant or abandoned buildings or structures;
E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or
buildings, walls, fences, or structures upon which the condition of the paint has become so
deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping
or termite infestation.
F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in
a garish manner or is out of harmony or conformity with the standards of adjacent properties;
G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti,
including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for
more than twenty-four (24) consecutive hours. (Administrative abatement of graffiti nuisances
will follow the procedures set forth in Chapter 11.68);
H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in
violation of this code;
I. Broken windows;
J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, brush, or
debris which:
1. May harbor rats, vermin, or other disease carriers;
2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous
condition to pedestrians or vehicle traffic;
3. Creates a danger or attractive nuisance to the public;
4. Detrimentally affects neighboring properties or property values; or
Constitutes a fire menace or hazard.
K. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences,
driveways, parking lots, planters, sidewalks, or walkways which are maintained in such
condition so as to become defective, unsightly, cracked or no longer viable;
L. The accumulation of dirt, litter, trash, miscellaneous items, household items, outdoor
materials/equipment, hand tools, junk, feces, or debris in doorways, adjoining sidewalks,
walkways, courtyards, patios, parking lots, planters, landscaped or other areas visible from
public rights of way or areas accessible by the public;
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M. Any premises upon which there is or is permitted to be:
1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other
similar materials, except where construction is occurring under a valid permit; except
where permitted by the zoning ordinance;
2. Solid waste, junk items, debris, rubbish, salvage materials, scrap metals, hazardous
waste, hazardous materials, bulky items, broken or neglected machinery, dirt or fill
material dumped, deposited or stored without a permit or contrary to any law, or
automobile parts that are stored in such a manner that they are visible from public rights of
way or areas accessible by the public, except within a commercial business lawfully
engaged in retail sales or recycling activities. Any person, or his or her agent or employee,
who owns, leases, operates, or maintains any vehicle used for such illegal dumping,
depositing, or storing of materials is jointly responsible along with the property owner or
other responsible party for creating a public nuisance;
3. Sinks, fixtures, equipment, appliances or furniture that are stored in such a manner that
they are visible from public rights of way or areas accessible by the public, except for lawn
furniture in residential yards or new or used furniture stored or displayed lawfully in
connection with a valid business engaged in the sale or purchase of the such items;
4. Inoperable and/or unregistered/unlicensed motor vehicles or inoperable, dismantled,
and/or non -seaworthy boats and/or vessels that are stored in such a manner that they are
visible from public rights of way or areas accessible by the public, except where permitted
by the zoning code;
5. Deteriorated driveways and parking lots, including those containing potholes, or
cracks;
6. Abandoned, broken, unused, neglected or unprotected equipment and machinery,
ponds, reservoirs and pools, whether or not the same contains any water or liquid, and spas
containing stagnant water as a result of neglect or defective equipment, excavations,
abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or
other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or
accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children
to such abandoned or neglected conditions;
7. Temporary service bins or construction debris storage bins stored on a public street or
on private property, except where permitted by this code;
8. Any garbage can, solid waste container, trash bin, solid waste, packing box or junk
placed or maintained so as to be visible from neighboring properties or the public right-of-
way, except for those times scheduled for collection, in accordance with this code and the
current waste hauler's franchise agreement;
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9. 9. Any property with accumulations of grease, oil, or other hazardous material on
paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such
material flows or seeps on to any public street or other public or private property, or which
is likely to seep or migrate into the underground water table;
10. Any front yard, parkway, or landscaped setback area which lacks turf, planted
material, or other approved ground cover, so as to cause excessive dust or allow the
accumulation of debris. City - approved groundcover should be predominately living
material that can be used in conjunction with other porous materials, such as rock, mulch
and decomposed granite. The City encourages property owners to install drought -
tolerant, climate appropriate, ground cover vegetation in order to meet the intent of the
State's Model Water Efficient Landscape Ordinance.In addition, the Fire Department is
consulted as needed in order to ensure conformance with landscaping requirements for
State designated Very High Fire Hazard Severity Zones.
11. Portable or mobile basketball hoops, boats, vessels, trailers, storage containers, storage
units used as trash containers, overgrown vegetation, or other similar objects that encroach
into, over, or upon any public right-of-way including, without limitation, streets, alleys, or
sidewalks, so as to constitute either a danger to the public safety or property or an
impediment to public travel, except when such encroachment has been approved by permit
pursuant to Municipal Code section 13.06.010;
12. Any property, or any building or structure thereon, maintained in such condition so
that it is defective, unsightly or in such condition of deterioration or disrepair that it causes
or will cause an ascertainable diminution of the property values of surrounding properties
or be otherwise materially detrimental to adjacent and nearby properties and improvements;
13. Clotheslines or similar clothes drying devices and clothing or household fabrics hung,
dried or aired in any location that are visible from the public right-of-way, excluding
locations in the rear yard setbacks; and
14. Any building or portion thereof maintained in a manner which constitutes a
substandard building pursuant to Health and Safety Code Section 17920.3. (Ord. 04-9 § 2,
8/24/04; Ord. 06-8 § 3, 11/14/06)
23.30.050 Abatement Authority.
The City Manager, or designee, is authorized to abate public nuisances summarily or otherwise
in the manner provided by this chapter. (Ord. 04-9 § 2, 8/24/04)
23.30.060 Abatement of Nuisance.
All or any part of a use or the condition of any property, including, without limitation, any use,
or improvement, found to constitute a public nuisance, will be abated by rehabilitation,
demolition, repair, cessation of use or a combination thereof, or in such other manner as
designated in a nuisance abatement order, which is reasonably required to abate the public
nuisance, pursuant to the procedures set forth in this article. (Ord. 04-9 § 2, 8/24/04)
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23.030.062 Recording Notice of Violation
A. Whenever the enforcement officer determines that a violation of City codes or applicable
State codes exists, the enforcement official may issue a notice of violation to a responsible
person who may include the property owner and/or a financial institution with an interest in the
land. The notice of violation shall include the following information:
The street address of the property;
2. The name of the property's owner of record;
3. The code sections in violation;
4. A description of the property's condition which violates the applicable codes;
5. A list of necessary corrections to bring the property into compliance;
6. A deadline or specific date to correct the violations listed in the notice of violation;
7. Reference to the potential consequences should the property remain in violation after
the expiration of the compliance deadline including, but not limited to administrative
abatement, civil penalties, revocation of permits, recordation of the notice of violation, the
withholding of future municipal permits, criminal prosecution and civil injunction.
B. Once the enforcement officer has issued a notice of violation to any person and the property
remains in violation after the deadline established in the notice of violation, the enforcement
officer may record a notice of violation with the recorder's office of Los Angeles County.
1. Before recordation, the enforcement officer shall provide to the responsible person a
letter stating that a notice of violation will be recorded, unless a written request to appeal
pursuant to the procedures outlined in Subsection D below is filed. The letter shall be
served pursuant to any of the methods of service set forth in Subsection C below. The
enforcement officer may also send a courtesy copy of the letter to any applicable financial
institution.
2. If the enforcement officer does not receive the written request within the deadline, the
enforcement officer may record the notice of violation if the violations remain.
3. The recorded notice of violation shall include the name of the property owner, the
property's assessor's parcel number, the parcel's legal description, and a copy of the latest
notice of violation.
C. A copy of the recorded notice of violation shall be served on the responsible person and
property owner pursuant to any of the methods of service set forth as follows:
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1. Posting a notice in a conspicuous place on or in front of the property in question and
by either one of the following methods:
By personal service on the owner(s); or, By registered or certified mail addressed to the owner(s)
of the property at their last -known address. If there is no known address for the owner, lessee,
occupant and other person having charge or control of the property, the notice shall be sent to the
property address. Service shall be completed at the time of deposit into the United States mail.
D. Appeal Procedures are as follows:
1. An appeal of the enforcement officer's letter to record the notice of violation shall be
submitted in writing to the City Manager within 15 days of the date of the officer's letter.
2. The failure of any person to file an appeal in accordance with these provisions shall
constitute a waiver of the right to an administrative hearing and shall not affect the validity
of the recorded notice of violation.
E. Appeal hearing shall be as follows:
1. Upon receiving a written appeal, the City Manager shall appoint a hearing officer and
schedule a hearing. The purpose of the hearing is for the responsible person or property
owner to state any reasons why a notice of violation should not be recorded. Notice of the
hearing will be mailed at least ten (10) days before the hearing by registered or certified
mail to the party filing the appeal and, if different, the owner of the land.
2. At the appeal hearing, the hearing officer shall only consider evidence that is relevant
to whether the conditions listed in the notice of violation violate city codes or applicable
law.
3. If the enforcement hearing officer affirms the enforcement officer's decision, the
enforcement officer may proceed to record the notice of violation.
4. If the hearing officer determines that the recordation is improper, the hearing officer
shall invalidate the enforcement officer's decision to record the notice of violation.
5. The order issued by the hearing officer will be deemed a final order and may be
reviewed judicially pursuant to Code of Civil Procedure section 1094.6. There is no right
to a City Council appeal
F. Notice of compliance procedures shall be as follows:
1. When the violations listed on the notice of violation have been corrected, the
responsible person or property owner may file with the enforcement officer a written
request for a notice of compliance.
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2. Once the enforcement officer receives this request, the enforcement officer shall re-
inspect the property within 30 calendar days to determine whether the violations listed in
the notice of violation have been corrected and whether all necessary permits have been
issued and final inspections have been performed.
3. The enforcement officer shall serve a notice of compliance to the responsible person or
property owner in the manner provide in Subsection C above of this chapter if the
enforcement officer determines that:
a. All violations listed in the recorded notice of violation have been corrected; and
b. All necessary permits have been issued and finalized;
c. All civil penalties assessed against the property have been paid; and
d. The party requesting the notice of compliance has paid an administrative fee to
reimburse the city for all incidental and administrative expenses.
G. If the enforcement officer denies a request to issue a notice of compliance, the enforcement
officer shall serve the responsible person or property owner with a written explanation setting
forth the reasons for the denial. The written explanation shall be served by any of the methods of
service set forth in Subsection C above of this chapter. The enforcement officer's decision
denying a request to issue a notice of compliance constitutes the final decision in the matter and
is not appealable.
H. The City of Santa Clarita may withhold permits for any alteration, repair or construction
pertaining to any existing or new structures or signs on the property identified in the notice of
violation, or any permits pertaining to the use and development of the real property or the
structure if a request to appeal has not been timely filed or after an enforcement hearing officer
affirms the enforcement officer's decision to record a notice of violation. The City of Santa
Clarita may withhold permits until a notice of compliance has been issued by the enforcement
officer. The City of Santa Clarita may not withhold permits which are necessary to obtain a
notice of compliance or which are necessary to correct serious health and safety violations.
I. The enforcement officer shall issue a signed notice of compliance stating that it cancels the
notice of violation once all violations have been corrected and all fines, penalties, and costs have
been paid. The notice of compliance shall be recorded by the City, or by the property owner by
the request of the property owner. The recordation of the notice of compliance shall have the
effect of canceling the recorded notice of violation.
23.30.070 Responsibility for Abatement.
Whenever the City Manager, or designee, reasonably believes a public nuisance exists, the City
Manager, or designee, may commence abatement proceedings under this article. (Ord. 04-9 § 2,
8/24/04)
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23.30.080 Notice of Hearings for Nuisance Abatement.
A. Notices. Once the enforcement officer has issued a notice to any person and the property
remains in violation after the deadline established in the notice of violation, the City Manager,
or designee, may initiate abatement proceedings by causing written notice to be mailed and
conspicuously posted on the property containing a nuisance. Notice will be titled in letters at
least one inch in height and read substantially as follows:
Notice of Public Nuisance Hearing
On , 20_, the City of Santa Clarita will determine whether this property known
and designated as constitutes a public nuisance. If this property is found to
constitute a public nuisance as defined by the Santa Clarita Municipal Code ("SCMC"), and if
the public nuisance is not promptly abated by the responsible person as ordered by the hearing
officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these
proceedings, all previous code enforcement efforts concerning this condition of the property, and
the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special
assessment and a Nuisance Abatement Lien upon such land until paid. The property may be sold
after three years by the tax collector for unpaid delinquent assessments. The assessment may be
collected at the same time and in the same manner as ordinary municipal taxes are collected, and
shall be subject to the same penalties and the same procedure and sale in case of delinquency as
provided for ordinary municipal taxes. The City may foreclose on any such lien in order to
reimburse the City for these costs.
The alleged violations consist of the following:
The methods of abatement available are:
All persons having any objection to, or interest in, said matters should attend a hearing to be
conducted by the City Manager or designee, to be held at on ,
at the hour of _.in., when their testimony and evidence will be heard and
given due consideration.
Dated:
Department Officer
B. Mailing/Posting. Notice of the hearing will be served by posting the subject property and by
registered or certified mail (postage fully prepaid) addressed to the owner of the property at the
address appearing on the last equalized assessment roll or the supplemental roll, whichever is
more current before the hearing notice is mailed. The notice will be posted on the property and
mailed at least ten (10) days before the hearing date. Proof of posting and mailing will be by
declaration. Failure of any person to receive the notice will not affect the validity of any set forth
in this chapter.
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23.30.090 Hearing Procedure.
A. The hearing must be conducted by a hearing officer selected by the City Manager. At the
time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the
evidence presented, whether a public nuisance exists on the subject property. At the hearing, the
hearing officer will accept reliable evidence from any person if such evidence bears on the issue
of whether a public nuisance exists on the subject property. The hearing officer is authorized to
take testimony and is authorized to administer oaths or affirmations under the Code of Civil
Procedure Section 2093(a). Based upon the evidence submitted including, without limitation, any
written staff reports regarding the alleged nuisance, the hearing officer will determine whether or
not a public nuisance exists on the subject property.
B. As soon as is practicable following the close of such hearing, the hearing officer will render
a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an
order requiring the abatement of the public nuisance in a reasonable time and manner as set forth
in the order. The hearing officer will promptly give written notice to the responsible person and
any other interested person who requests, in writing, notice of such decision, including a copy of
the order. The order issued by the hearing officer will be deemed a final order and may be
judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a
City Council appeal.
23.30.100 Compliance with Abatement Order.
At no cost to the City, the responsible person must comply with all of the provisions of an
abatement order. If the responsible person fails, for any reason, to comply with an abatement
order within the time required in the order, the City Manager, or designee, will cause the
nuisance described in the abatement order to be abated by City forces or by private contractor.
The City Attorney is authorized to take such action as needed to gain entry upon the property
where the public nuisance exists for purposes of abating a public nuisance. The owner of the
property shall be liable to the City for all costs of such abatement, including incidental and
administrative expenses, attorney's fees, and all abatement costs identified in Section 1.01.220 of
this Code.
23.30.110 City Expenses—Record of Costs.
The Department Manager or designee will keep an account of the costs of abating a nuisance on
each separate lot or parcel of land where the work is done, including incidental and
administrative expenses and attorney's fees,. (Ord. 04-9 § 2, 8/24/04)
23.30.120 Hearing on the Cost of Abatement.
A. The Department Manager or designee will give notice of the cost of abatement by registered
or certified mail (postage fully prepaid) addressed to the owner of the property at the address
appearing on the last equalized assessment roll or the supplemental roll, whichever is more
current, before mailing of the cost notice. The cost notice will include a statement of the hearing
rights of the property owner concerning the cost of abatement. The cost notice will also include
a statement that the property may be sold after three years by the tax collector for unpaid
delinquent assessments and that any special assessment for abatement costs and fees may be
collected at the same time and in the same manner as ordinary municipal taxes are collected, and
shall be subject to the same penalties and the same procedure and sale in case of delinquency as
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provided for ordinary municipal taxes. Upon written request for a hearing by the property owner
received by the City Manager within ten (10) days after mailing the cost notice, a hearing will be
held by the City Manager, or designee, on the question of the cost of the abatement.
B. Notice of the hearing will be mailed at least ten (10) days before the hearing by registered or
certified mail, to the owner of the land. The City Manager or designee will either confirm the
cost of abatement or modify such amount. The decision of the City Manager or designee is final
and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no
right to a City Council appeal. The City Manager or designee will give notice of the decision on
the cost of abatement by registered or certified mail to the property owner.
C. The property owner shall pay to the City the abatement costs and fees determined by the
Department Manager within 30 days of the date of the Department Manager's written notice of
the cost of abatement. If the property owner requests a hearing to challenge the notice of the cost
of the abatement, the property owner shall pay to the City the abatement costs confirmed by the
City Manager or designee within 30 days of the date of the City Manager's written decision.
23.30.130 Nuisance Abatement Lien and Special Assessment Procedures.
The City may file a civil action and/or pursue any other legal remedy to collect the costs of
abatement incurred pursuant to this chapter. In addition, the City may utilize the following
procedures to recover the costs of abating a nuisance.
A. Lien. Pursuant to Government Code Sections 38773, 38773.1, and 38773.5, and any
successor statutes, persons failing to abate a public nuisance as ordered pursuant to this chapter,
will be obligated to pay all City expenses of abating the nuisance and all administrative costs
associated therewith, as calculated and determined pursuant to Sections 23.30.120 and 23.30.130
of this code. In addition to any other legal remedy, the City may place a lien on property owned
by the responsible party in an amount equal to the sum of the enforcement costs delinquent for
more than ninety (90) days, plus interest. Imposition of a lien pursuant to this section must stem
from an enforcement action relating to the condition or use of real property, or its improvements,
which is owned by the responsible party.
B. Lien Procedure. The Department Manager may initiate proceedings to record a lien by
submitting a report to the City Manager stating the amounts due and owing and contacting the
City Clerk to fix a time, date, and place for the City Council to consider the report and any
protests or objections to it. Notice of the hearing and the proposed lien will be delivered to the
property owner of record of the parcel of land on which the nuisance was abated by the City,
based on the last equalized assessment roll or the supplemental roll, whichever is more current,
before recordation of the lien. The notice will be served in the same manner as a summons in a
civil action in accordance with Code of Civil Procedure Section 415. 10, et seq. If the owner of
record, after diligent search, cannot be found, the notice may be served by posting a copy thereof
in a conspicuous place upon the property for a period of ten (10) days, and publication thereof
for ten days in a newspaper of general circulation published in the county in which the property
is located pursuant to Government Code Section 6062. The notice shall include an itemized
summary of the proposed lien amount and a statement that the amount of the lien may be
collected as a special assessment and that the property may be sold after three years by the tax
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collector for unpaid delinquent assessments and that any special assessment for abatement costs
and fees may be collected at the same time and in the same manner as ordinary municipal taxes
are collected, and shall be subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes.
C. Hearing. At the hearing, the property owner or responsible party may contest the amount of
the proposed lien, but may not contest the determination that a nuisance existed on the property
in question. At the conclusion of the hearing, the City Council will adopt a resolution
confirming, discharging, or modifying the lien amount.
D. Recording. Any nuisance abatement lien created pursuant to this Chapter will specify the
amount of the lien, the name of the City, the date of the abatement order, the street address, legal
description and assessor's parcel number of the parcel on which the lien is imposed, and the
name and address of the recorded owner of the parcel. The nuisance abatement lien will be
recorded in the Los Angeles County Recorder's Office, and from the date of recording, will have
the force, effect, and priority of a judgment lien.
E. Special Assessment. The City's total costs described in this chapter may also be collected as
a special assessment against the lot or parcel on which the nuisance existed. The City shall give
notice of the special assessment at the time of imposing the assessment and shall specify that the
property may be sold after three years by the tax collector for unpaid delinquent assessments.
The City shall give such notice to the property owner by certified mail, if the property owner's
identity can be determined from the county assessor's or county recorder's records. After
recordation of the nuisance abatement lien the City may provide a copy of the notice of proposed
recordation, proof of service, and the recorded lien to the tax collector and the tax collector will
add the described special assessment payments to the next regular tax bill levied against the
respective lots or parcels and the amounts will be collected and subject to the same penalties and
the same procedure under foreclosure and sale as in the case of ordinary municipal taxes.
However, if any real property to which the cost of abatement relates has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has
been created and attached thereon, before the date on which the first installment of the taxes
would become delinquent, then the cost of abatement will not result in a lien against the real
property but instead will be transferred to the unsecured roll for collection.
F. Satisfaction. In the event that the lien or special assessment is discharged, released, or
satisfied, either through payment or foreclosure, a notice of the discharge containing the
information specified in the lien will be recorded by the City.
G. Fees. Any fees incurred by the City for processing, recording of the lien and providing
notice to the property owner may be recovered by the City as part of its foreclosure action to
enforce the lien.
-109-
Ordinance No.
23.30.140 Order for Treble Costs of Abatement.
Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period
finding that an owner of property is responsible for a condition that may be abated in accordance
with this article, except conditions abated pursuant to Health and Safety Code Section 17980, the
court may order the owner to pay treble the costs of the abatement. (Ord. 04-9 § 2, 8/24/04)
23.30.150 Judicial Remedies.
A. Nothing in this chapter will be deemed to prevent the City Attorney from:
1. Commencing a civil action in the Superior Court to enforce all or any of the provisions
of any abatement order;
2. Commencing a civil action to abate a public nuisance as an alternative to or in
conjunction with an administrative proceeding pursuant to this chapter;
3. Filing a civil action to recover the amount of a confirmed accounting from an owner or
occupant of the lot to which it relates; or
4. Filing a criminal action to enforce this code
B. Where a civil action is filed, if the court issues an order or a judgment which finds a public
nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court
validates an accounting,.the court will also award the City its actual costs of abatement,
including, without limitation, reasonable attorneys' fees incurred by the City in such judicial
proceeding. (Ord. 04-9 § 2,8/24/04)
23.30.160 Emergency Abatement.
Notwithstanding any other provision of this code, whenever the City Manager, or designee,
determines that a public nuisance, as defined in this chapter, or in any other applicable law,
exists upon a lot, and that such public nuisance constitutes an immediate threat or hazard or
danger to persons or property, the City Manager, without observing procedures set forth in this
chapter with reference to public nuisance abatement, will forthwith immediately cause the
abatement of such public nuisance in such manner as the City Manager, or designee, determines
is reasonably required. If the City Manager, or designee, deems it feasible, the City Manager, or
designee, will attempt to give the owner, and occupant, verbal notice of the existence of the
public nuisance, and the proposed timing and method of abatement thereof. The City Manager
will, forthwith, report such circumstances to the City Council. The City Manager, or designee,
shall maintain an itemized account of the costs incurred by the City in abating the imminently
dangerous condition. Such costs may be recovered by the City in the same manner that
abatement costs may be recovered pursuant to Sections 23.30.110 through 23.30.130 of this
code.
-110-
Ordinance No.
11�
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Response Summary
Total Started Survey: 327
Total Finished Survey: 310
Crosstab Responses
(94.8%)
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PAGE:1
1. Please rate the vlolations below on how much you feel each
affects a
crease Chart
Download
neighborhood.
Lesser No
Response
Greater Effect
Moderate Effect
Effect Opinion
Cant
Trash bins In public view _---�
- 24A%(79)
33.3%(108)
41.0% 1.2%
(133) (4)
324
Ovagrown weeds ----
64.7%(211)
26.4%(66)
7.7%1.2%
328
Concrete covering front yards
31.9%(ID4)
30.4%(99)
33A% 4,3%
1109) (14)
326
Severely chipped paint on structures
49.1%(140)
40.9%(132)
71 S% 1.5%
611 (5)
323
Inopsmdve vehlclew vessels In public view
697%(226)
15.1%(52)
178%° 2.6%
(38) (8)
323
Illegal al9na
48.8% (15T)
30.4%(98)
174% 3.4%
58) .4%
322
Garapeconverclom
30.3%(98)
26.9%(87)
39.6% 3.1%
(126) (10)
323
Junk and debris on private property in public
62.1%(264)
11,7%(38)
45% 1,6%
(S)
324
view
(15)
Unpsrmllted construction
34.0%(109)
34.0%(109)
243% 3.7%
(91) 02)
321
Illegal fedcing material
33.0%(107)
31.5%(702).
302% 52%
(96) (17)
324
Clotheslines In public view
33.8%(109)
28.7%(93)
(108 4(73
324
-
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2. How Important do you believe it Is to keep the paint color the same on a property Creole Chen
oawMoad
when repairs are made on painted surfaces?
--_ 3.1%
10
answered question
Response
Response
1
Percent
Count
Vary Important
35.9%
117 I
Somewhat important
32.5%
106
No opinion -
5.5%
18
Somewhalurimportant
11.3%
37
Not Important at all
14.7%
48
27.7%(89)
answered question
us
321
skipped question
1
4.0%(13)
Shaw Us Page Only
PAGE:3
3. How important do you feel maintaining properties free of weeds is In a
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residential neighborhood to Improve appearances?
Response
Response
Percent
Count
Very Important
6213%
203
Somewhat Important
No opinion
Somewhat unimportant
unimportant
26.7%
67
Dpwnioad
6.4%
21
--_ 3.1%
10
answered question
926
skipped question
1
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PAGE: 4
4. How concerned are you with the collection of the following items on a
commercial or residential property within the public view?
Create Chad
Dpwnioad
Not
Very
Moderately
No
Response
Concerned
Concerned
Concerned
Opinion
Cant
at All
Rubbish 83.6%(204)
27.7%(89)
7.2%(23)
1.6%
321
Hazardous materialsFxeste BOA%(259)
13.7%(44)
4.0%(13)
1.9%
322
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Scrap metals 66.6X(213) 25.0%(80)
6.9%(22) 1'6%
320
Broken machinery 72.5%(232) 20.9%(67)
5.0%(16) 1.85
320
Stockpiled dirt or fill materials 66.4%(187) 30.3%(97)
10.0X(32) 1.3%(4)
.fa
320
---317
Automobile parte ----_ 70,0%(222) 23.3X(74)
6.7%(18)—__0'9%
answered question
322
skipped quaatlon
6
5. Do you think that any person who illegally dumps rubbish, hazardous waste,
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scrap metals, broken machinery, automobile parts, dirt or fill materials onto a property should be responsible for
the code violations along with the property owner?
"
Response
Response
Percent
Count
yes
78.6%
253
No
6.0%
16
Nn not sure
16.6%
53
answered question
322
skipped question
5
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PAGE: 5
6. Please rate the importance of maintaining residential properties free of
Creete Chan
Download
Inoperative vehicles (including cars, trucks, motorized cycles, etc.) and vessels
(including boats and personal
watercraft) within public view.
Response
Response .
Percent
Count
Very important
54.5%
175
Somewhat imparUm
27.1%
87
No opinion
4.7%
15
Somewhat unimportant
6.3%
21
unimportant
7.2%
23
answered question
321
skipped question
8
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7. Please rank the following ground coverings from best to worst for a front yard. (1 Create Chad
Download
Best - 6 Worst)
Rating
Response
1 2 3
4 5
8
Average
Count
21.7% 62.8% 4.1%
4.7% 3.1%
3.5% 2.15
318
Lawn (69) POO) (13)
(15) (10)
(11)
67.6% 21.7% 5.0%`2.2%
1.9%
1.3% 1.52
318
Lawn and decorative plants (216) (69) (16)
(7) (5)
(4)
1.9% 2.6% 11.3%
9.496 46.1%
26.4% 478
318
Complete coherent
(0) (9) (36)
(30) (153)
(84)
DwOreth a bark 0,9% 6.6% 30.9%
34.9% 6.3%
0.3% 3.40
318
(3) (21) (1621
(111) (20)
(1)
1.0% 0.3% 2.2%
6.8% 28.6%
61.0% 5.44
318
Bare dirt
(4) (1) (7)
(21) (91)
(194)
6,396 5.7% 26.4%
42.1% 11.9%
7.6% 3.70
316
Gravel or decorative rocks
(20) (18) (54)
(134) (38)
(24)
answered question
318
skipped question
9
Show Ih%Pa9e Only
PAGE:7
8. Should the City of Sante Clarita issue permits for construction orzoning
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approvals while the requesting property owner has active code
violation cases?
Response
Response
Percent
Count
Vas
21.1%
69
No
---.--
35.0%
175
_
I'm not sura ----_._.__.--
29.3%
79
answered question
318
skipped question
9
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PAGE:8
9. A parent or guardian should be responsible for monetary damages
due to
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vandalism caused by their minor child, including graffiti.
Response
Response
Pa2Ml
Chun
I strongly agree
74.6%
238
I wmewhat agree
18.6%
59
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Neither agree nor disagree
I somewhat agree
I strongly dlsagree
Page 5 of 7
2.8% 8
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answered question
379
skipped question
9
10. Currently, Ne City of Sante Clarity requires property owners to remove graffltl
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on their private property within seven days. How long do you think a property owner should take to clean the
graffiti from their property?
Response
Response
Percent
Count
24 hours
7.5%
24
3 days
27.7%
89
7 days
64.6%
206
answered question
319
skipped question
9
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PAGE:9
11. What do you believe is the most Important code enforcement issue In our city
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Downbad
right crow?
Response
Response
Percent
Count
Temporary signs In the right of way
(sidewalks, street medlars, light pales, and
17.4%
65
utility poles)
Poorly maintained private properties
40.7%
129
Illegal dumping
25.8%
at
Garages converted Into living spaces
6.8%
21
Weed abatement
9.8%
51
Other (pisses specify)
37
show Reeptera9e
answered question
317
skipped question
10
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PAGE: 10
12. Which community within Santa Clams do you live?
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Response Response
Percent Count
441% 137
Newhall
12.3%
36
Ssuqus
16.1%
so
Valencia
24.8%
77
1 dont Me within Ne boundaries or Santa
2.8%
8
Cladta
answered question
310
skipped question
17
13. How, many years have you resided In Santa Claris?
Download
Response
Count
Show Responses,
307
answered question
307
skipped question
20
14. What year were you loom?
Download
Response
Count
Show Responses
310
answered question
310
skipped question
17
15. What is your gender?
Create Chea
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Resporus
Response
Percent
Count
We
51.0%
158
Female
42.9%
133
Decline to state
6.1%
19
answered question
310
skipped question
IT
15. Would you be available for a focus group to discuss further changes to the
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Santa Clarita Municipal Code?
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Response
Response
percent
Count
Yes
32.9%
102
No
67.1%
208
answered question
310
skipped question
17
17, if yes. please provide the following Information so we may contact you in the future.
Download
Response
lasponsa
Percent
Count
Name:
99.1%
105
Snow Responses
Address:
962%
102
Snow Responses
Address 2:
5.7%
6
Show Responses
Clryrrown:
96.2%
102
Show Reopen",
State:
99.1%
101
Show flsponess
ZIP: _ —_--
86.2%
102
Show Responses
Emil Address:
97.2%
103
$how Responses
Phone Number:
68,6%
92
Show Respomes
answered question -
105
skipped question
221
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