Ordinance No. 1039
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ORDINANCE NO.1 039
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTERS 8A AND 10 OF THE CODE
OF THE CITY OF VERNON TO CONSOLIDATE AND
REORGANIZE PROVISIONS PERTAINING TO BUILDING AND
CONSTRUCTION IN CHAPTER 24; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
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WHEREAS, by Ordinance No. 1036, the City Council of the
City of Vernon added Chapter 24, Building and Construction, to the
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Code of the City of Vernon and consolidated various uniform codes
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therein; and
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WHEREAS, it will improve the administration of the Code
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of the City of Vernon if various other code sections pertaining to
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building and construction are consolidated and clarified under
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Chapter 24 of the Code of the City of Vernon; and
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WHEREAS, the City of Vernon by Ordinance No. 819 on
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October 20, 1970 adopted provisions for the temporary use of
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commercial coaches for industrial, professional, or commercial
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uses, which provisions have been incorporated as Chapter 8A of the
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Vernon City Code; and
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WHEREAS, said provisions on commercial coaches need to be
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expanded to include other movable and portable structures and
should be consolidated with other provisions on buildings and
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construction in Chapter 24 of the Code of the City of Vernon; and
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WHEREAS, the city of Vernon by Ordinance No. 547 on
24 October 28, 1941 adopted provisions on excavations for the purpose
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of quarrying and dredging sand, gravel, and other minerals, which
use is no longer sanctioned by the Comprehensive Zoning Ordinance
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except as a nonconforming use; and
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1 WHEREAS, quarrying and dredging are no longer compatible
2 with the industrial nature of the City of Vernon in that they
3 utilize land which can be better devoted to commercial and
4 industrial purposes, create dust, are unsightly, and can be
5 dangerous to life, limb and property; and
6 WHEREAS, it will benefit the health, safety, comfort,
7 convenience, and general welfare of the City of Vernon, its
8 residents, businesses, and employees to improve the administration
9 of the code by amending, renumbering, and repealing various such
10 sections.
11 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
12 SECTION 1: The City Council of the City of Vernon hereby
13 finds and determines that the recitals contained hereinabove are
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15 SECTION 2: The City Council of the City of Vernon hereby
16 amends Chapter 8A, Commercial Coaches, of the Code of the City of
17 Vernon, as follows:
18 A. Chapter 8A, Commercial Coaches, of the Code of the
19 City of Vernon, is hereby reconstituted as Article VII, Portable
20 Units, of Chapter 24, Building and Construction.
21 B. Existing Section 8A.1 of the Code of the City of
22 Vernon shall become Section 24.37 of said Article VII, Portable
23 Units, of Chapter 24 and is amended to read as follows:
24 Sec. 24.37. "Portable unit."
25 A portable unit means a temporary structure or
26 vehicle, with or without motive power, designed and
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A portable unit shall include, but not be limited to, a
"temporary building or structure" as defined in Building
Code section 3103, a "commercial coach" as defined in
California Health and Safety Code section 18001.8, and a
"trailer coach" other than for human habitation as
defined in California Vehicle Code section 635.
C. Existing sections 8A.2 and 8A.3 of the Code of the
City of Vernon shall become sections 24.35 and 24.36, of said
Article VII, Portable Units, of Chapter 24 and are amended to read
as follows:
Sec. 24.35. Purpose of article.
The purpose of this article is to provide minimum
standards for the use and occupancy of portable units
within the city so as to promote the public health,
safety and general welfare.
Sec. 24.36. Applicability of article.
The provisions of this article shall apply to all
portable units located within the city except when being
moved from one location to another, or when located on a
public way. This chapter shall not apply to a portable
unit used as an office or shed at the site of a
construction project while such project is under
construction.
D. Existing sections 8A.4, 8A.5 and 8A.6 of the Code of
the City of Vernon shall become Sections 24.43, 24.44 and 24.45,
respectively, of said Article VII, Portable Units, of Chapter 24
and are amended to read as follows:
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Sec. 24.43.
Rules and regulations generally.
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The building official may promulgate rules and
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regulations to make specific the purpose of this article,
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subject to the provisions of section 2.8(d) of the Code
of the City of Vernon.
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Sec. 24.44.
Maintenance.
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Portable units shall be maintained in a safe and
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sanitary condition. All devices or safeguards which are
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required by this article or by the rules and regulations
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shall be maintained in proper working order.
Sec. 24.45.
Use of alternate materials, systems or
devices.
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The use of alternate materials, systems or devices,
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and interpretations, variances or exceptions to this
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article and regulations adopted pursuant thereto, shall
be in accordance with the Building Code.
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E. Existing section 8A.7, "violation of chapter a
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nuisance; penalties," of the Code of the City of Vernon is hereby
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repealed.
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F. Existing sections 8A.8, 8A.9, 8A.10, 8A.11 and 8A.12
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of the Code of the city of Vernon shall become sections 24.38,
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24.39, 24.40, 24.41 and 24.42, respectively, of said Article VII,
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Portable Units, of Chapter 24 and are amended to read as follows:
Sec. 24.38
Occupancy permits required.
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No person shall use or occupy a portable unit in the
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city or cause the same to be done without first having
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obtained a separate permit for the occupancy of each
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portable unit from the building official. In addition
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thereto, separate electrical and plumbing permits shall
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be required for each portable unit when connected to
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electrical power, or to a plumbing system.
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Sec. 24.39.
Application for occupancy permit.
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To obtain a permit to use or occupy a portable unit,
the applicant shall first file an application therefor in
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writing on a form furnished for that purpose, and pay the
requisite inspection fee. The application shall be
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accompanied by a plot plan showing the proposed location
of the portable unit and of the existing buildings on the
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property.
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Sec. 24.40.
Issuance and duration of occupancy
permit.
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The application and plot plan shall be checked by the
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building official, and he shall also cause the property
and the portable unit to be inspected for compliance with
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this article and any other applicable laws and
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regulations. The building official shall refer the
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application and plot plan to the chief of the fire
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department and director of environmental health for their
review and to check for compliance with the laws and
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regulations under their jurisdiction. The application
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and plot plan may be reviewed by other departments of the
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city.
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When the building official is satisfied that the
proposed use and occupancy of the portable unit will
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conform to the requirements of this article and other
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pertinent laws and regulations, and that the requisite
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fees have been paid, he shall issue an occupancy permit
therefor which shall be in force and effect for one year
from the date of issue.
Sec. 24.41. Expiration of permit.
Every occupancy permit issued under the provisions of
this article shall expire one year from the date of issue
and the use and occupancy of the portable unit shall be
discontinued.
Sec. 24.42. Inspection and permit fees.
The city council shall establish by resolution the
fees to be charged for inspections and permit processing
in order to pay the cost of work related to
administration and enforcement of this article.
G. Existing sections 8A.13, 8A.14, 8A.15, 8A.16 and
8A.17 of the Code of the city of Vernon shall become sections
24.46, 24.47, 24.48, 24.49 and 24.50, respectively, of said
Article VII, Portable Units, of Chapter 24 and are amended to read
as follows:
Sec. 24.46. Location on property.
Every portable unit shall be located on the property
so as not to materially increase the fire hazard to
existing buildings, and shall be separated from existing
hazardous uses and facilities as required by the
regulations of the city fire department.
Sec. 24.47. Exits.
Exits from the portable unit shall be provided as
specified in the Building Code.
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Sec. 24.48.
Cleanliness of premises; sewage disposal.
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(a) The space directly beneath the portable unit
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shall be kept clean and free from refuse, rubbish and
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other similar debris, and shall not be used for
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storage purposes. If the space beneath the portable
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unit is enclosed, the enclosure shall be openable for
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inspection and shall provide for adequate cross
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ventilation of the space.
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(b) The disposal of sewage, human excrement or other
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liquid wastes shall be by means of an approved
drainage system.
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Sec. 24.49.
Adequacy of structure.
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Every portable unit shall be structurally adequate
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for its intended use in accordance with generally
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accepted and well established principles of structural
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engineering, and shall provide protection for its
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occupants against the elements.
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Sec. 24.50.
Plumbing, mechanical and electrical
requirements.
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Plumbing, mechanical and electrical installations
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shall be reasonably consistent with generally accepted
and well established principles for their installation.
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Compliance with the Electrical Code, the Plumbing Code,
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and the Mechanical Code, shall be considered to meet the
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requirements of this section.
SECTION 3:
The City Council of the City of Vernon
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hereby amends Chapter 10, Excavations, of the Code of the City of
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Vernon, as follows:
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A. Chapter 10, Excavations, of the Code of the City of
Vernon, is hereby reconstituted as Article VIII, Excavations, of
Chapter 24, Building and Construction.
B. Existing Section 10.1 of the Code of the City of
Vernon shall become section 24.55 of said Article VIII,
Excavations, of Chapter 24 and is amended to read as follows:
Sec. 24.55. Quarrying prohibited.
It shall be unlawful for any person, either as owner,
agent, lessee, employee or otherwise, to quarry, dig,
excavate, separate, screen, or dredge for or remove any
sand, gravel, earth, rock, stone or other minerals or
substances from any private property within the city
below the official grade of the nearest street abutting
upon such premises; or to cause or allow to be quarried,
dug, excavated, separated, screened, dredged or removed
any sand, gravel, earth, rock, stone, minerals or other
substances from any private property within the city
below the official grade of the nearest street abutting
upon the premises, except when and so far as may be
necessary for the erection, construction and alteration
of a building structure or basement thereon, pursuant to
a building permit; provided, however, that nothing
contained in this section shall be construed to prohibit
or apply to ordinary and usual digging and excavations
necessary for the cultivation of the soil, for the
planting, care and maintenance of trees, shrubs, grass or
other plants.
C. Existing sections 10.2, 10,3, 10.4 and 10.5 of the
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Code of the City of Vernon are hereby repealed.
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D. Existing section 10.6 of the Code of the City of
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Vernon shall become section 24.56 of said Article VIII,
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Excavations, of Chapter 24 and is amended to read as follows:
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Sec. 24.56.
Excavations to be free from stagnant
water or other materials constituting
nuisance.
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It shall be unlawful for any person digging or
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excavating pursuant to a building permit on any private
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property within the city below the official grade of the
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nearest street abutting upon the premises, not to
maintain at all times the excavation free from stagnant
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water or other substances that may be injurious to the
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health or obnoxious to the senses, or in any way to
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become a nuisance to the inhabitants of the city.
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SECTION 4: Any ordinance, part of an ordinance, or code
16 section in conflict with this ordinance is hereby repealed.
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SECTION 5: If any section, subsection, sentence, clause,
18 phrase or word of this ordinance is for any reason held to be
19 invalid or unconstitutional, such decision shall not affect the
20 validity of the remaining portions of this ordinance; it being the
21 intention of the City Council of the City of Vernon to pass and
22 adopt this ordinance and each section, subsection, sentence,
23 clause or phrase thereof irrespective of the fact that one or more
24 of the sections, subsections, clauses, sentences or phrases
25 thereof may be declared to be invalid or unconstitutional.
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SECTION 6: There being no newspaper printed, published
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or circulated in the City of Vernon, the City Clerk is hereby
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directed to certify to the passage of this ordinance and shall
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post the same, or cause the same to be posted, within fifteen (15)
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days after its passage in accordance with Section 36933 of the
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Government Code, in three (3) of the most public places in the
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City of Vernon, to wit: the northwest corner of 38th Street and
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Santa Fe Avenue, the northeast corner of Leonis Boulevard and
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Pacific Boulevard, and on the bulletin board in the lobby of the
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City Hall of said city, located at 4305 Santa Fe Avenue, all in
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the City of Vernon, County of Los Angeles, State of California.
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SECTION 7: The renumbering of any article or section of
lO the Code of the City of Vernon shall not constitute a change in
II its intent or purpose, and it shall have the same effect and
12 enforceability as if it had never been renumbered. Any code
13 section numbers not used shall be reserved for future use.
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SECTION 8: This ordinance shall be in full force and
l5 effect thirty (30) days from and after its passage by the City
l6 Council.
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APPROVED AND ADOPTED this 2nd
day of
April
18 1996.
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ATTEST:
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BRUCE V.
/#~
MALKENHORST, City Clerk
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STATE OF CALIFORNIA
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ss
COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 1039, was duly and regularly introduced at a regular
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meeting of the City Council of the City of Vernon, held on
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Tuesday, March 5, 1996, and thereafter finally adopted at a
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regular meeting of said City Council held on Tuesday,
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April 2
, 1996, and thereafter was duly signed by the Mayor
of the City of Vernon, by the following vote:
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AYES: 4
Councilmen:
Malburg, McCormick, Gonzales
Davis
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NOES: 0
Councilmen:
None
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ABSENT: 1
Councilmen:
Ybarra
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BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 11th day of April,
1996, have posted three (3) copies of:
ORDINANCE NO. 1039
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd; and on the bulletin board in
the lobby of the City Hall of the City of Vernon located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
Clerk
Date: 04/11/96
State of California )
) ss
County of Los Angeles)
On
~l\ \.\[ \.C\<'l.1o
before me,
~ ~CI. Q 0""- L ~ v--cX '-.,.:\ /',~
personally appeared G\O'K'\.<.'- ~[ OR-CS;CC
(same of signatory)
personally known to me (or known to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity, and that by his/her/their signature(s) on the instru-
ment, the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal
~~~ -E~~
:affdavpst
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@.~:. ". SHARON L. DUCICWOR1H f
< :.... _ '. COMM." 1~1OM ~
~ i -~ - -, : Notary P\t)IIc - CaIbnIa ~
. . LOS ANGElES COUNlY -
~_ ~"~o~~~. ExplresJUN 9.19991
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