Ordinance No. 1241ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING VARIOUS SECTIONS OF THE VERNON
MUNICIPAL CODE TO CLARIFY THE FUNCTIONS AND
ORGANIZATION OF THE DEPARTMENT OF PUBLIC WORKS; AND
REPEALING ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, section 2.6-6(a) of the Vernon Municipal Code grants
the City Administrator broad authority and discretion to direct the
administrative affairs of the City; and
WHEREAS, section 2.6-6(c) of the Vernon Municipal Code
authorizes the City Administrator to recommend to the City Council any
"reorganization of officers, departments or divisions as may be
indicated in the interests of the efficient, effective and economical
conduct of the City's business, and to effect such reorganization when
authorized by appropriate ordinance, resolution or motion of the City
Council"; and
WHEREAS, in light of the recent vacancy in the position of
Director of Public Works, and with the transition of the City's Water
Division to the Public Utilities Department, staff has been evaluating
the organizational structure of the Public Works Department and the
various provisions of the Vernon Municipal Code that define the roles
and responsibilities within the Public Works Department and the Public
Works Director classification; and
WHEREAS, under current Vernon Municipal Code provisions, the
Director of Public Works is also designated as the City Engineer,
Building Official, Director of Community Services, Traffic Engineer,
and the Superintendent of Streets; and
WHEREAS, the Vernon Municipal Code does not currently provide
for the ability of the City Administrator or the Director of Public
Works to designate or assign duties associated with these roles and
responsibilities to another position or classification within the City;
and
WHEREAS, for purposes of efficiency and consistency with
other local agencies, the City Administrator desires to keep the
functions of City Engineer, Building Official, Director of Community
Services, Traffic Engineer, and the Superintendent of Streets under the
responsibility of the Director of Public Works, but allow the City
Administrator, and in some cases the Director of Public Works, the
ability to designate these duties to an alternate position; and
WHEREAS, certain additions and amendments to the Vernon
Municipal Code are needed to implement this clarification and
organization of the duties and responsibilities within the Public Works
Department; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that all of the foregoing recitals are true and
correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Sections 1.8-5(a)(2), 2.69-1(d), 7.13(a), 7.13(b), 16.1,
17.16(d)(1)(B), 21.1.2, 21.3.1, 22.1, 22.2, 22.29, 24.1, 26.2.4, 27.34,
- 2 -
27.35, 27.36, 27.37, 27.40, 27.41, 27.42, 27.43(b), 27.44, 27.45,
27.47, 27.48, 28.6, 28.47, 28.48, 28.50(b), 28.50(b)(2), 28.50(d), and
28.51(a) through (c) (inclusive) of the Vernon Municipal Code, as set
forth in Exhibit A which is attached hereto and incorporated by
reference.
SECTION 3: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Book of Ordinances.
The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
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SECTION 6: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 18th day of April, 2017.
Name: Melissa . Ybarra
Title: Mayor / May-Q-� 1 r�i� '-
AT
Marla E . Ayi1a
City Cle k /
APPROVED AS TO FORM:
Zay4a)h 14Ioassa, Senior Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala , City Clerk / Dep,ity Gity r,er- of the
City of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1241 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, April 4, 2017, and thereafter adopted at a meeting
of said City Council held on Tuesday, April 18, 2017, by the following
vote:
AYES: Councilmembers: Mayor Ybarra, Mayor Pro-Tem
Woodruff -Perez, Davis, Lopez,
Martinez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this /,-P day of April 2017, at Vernon, California.
(SEAL)
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Mari E. Ayala
City Clerk / ,,,.putt'Gity r, __,_
EXHIBIT A
EXHIBIT "A"
Section 1.8-5. Nuisances.
(a) Public nuisances defined. ...
(2) Buildings or structures which are partially
destroyed, or abandoned and not fully secured, for more than ninety
(90) consecutive calendar days, or ninety (90) calendar days within a
one hundred twenty (120) calendar day period, unless a longer time
limit is approved by the Director of Public Works, or his or her
designee;
Sec. 2.69-1. Departments.
The City shall have the following departments and the City Council
of the City of Vernon shall appoint the department head by resolution,
after receiving the recommendation of the City Administrator:
(d) Public Works Department. There is hereby created and ratified
in the service of the City the Public Works Department. The Director
of Public Works shall administer the Public Works Department and
report to the City Administrator, subject to the provisions of the
Code of the City of Vernon or as prescribed by the City Council.
Sec. 7.13. Application for permit and issuance.
(a) To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the Director of
Public Works, or his or her designee, for that purpose.
(b) Plans, engineering calculations, diagrams and other data
shall be submitted in a minimum of four sets with each application for
a permit. The Director of Public Works, or his or her designee, may
require plans and calculations to be prepared and designed by an
engineer licensed by the State to practice as such.
Sec. 16.1. Definitions.
Traffic Engineer. The City Engineer of the City, or any other
person appointed to perform such duties by the City Administrator.
Sec. 17.16 Camping prohibited.
(d) The provisions of this Section do not apply to:
(1) portable units which
B. have received written approval from the Director of
Public Works, or his or her designee, for such temporary usage ....
Sec. 21.1.2. Statutory authority.
The provisions of this chapter are adopted pursuant to the Federal
Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. §§ 1251, et seq. Nothing in this chapter prohibits
the Director of Public Works and the Health Officer, or their
designees, from regulating sewers or stormwater in a manner that
exceeds the requirements of the Clean Water Act, the State Water
Resources Control Board and Regional Boards.
Sec. 21.3.1. Local authority.
The City Engineer, shall have charge and control of all sewers and
storm drains in the City and shall construct, operate, maintain, and
repair all such systems subject to the direction of the City Council.
The City Engineer and/or the Health Officer shall enforce the
provisions of this chapter.
Sec. 22.1. City Engineer defined.
The City Engineer shall be the Director of Public Works, or any
other person appointed to perform such duties by the City
Administrator.
Sec. 22.2. Same —Powers and duties.
The City Engineer shall also be known as the Traffic Engineer and
as the Superintendent of Streets, and shall have charge and control of
all the public streets, alleys and public places in the City, and
shall perform such work thereon and discharge such duties in
connection therewith as may be assigned by the City Administrator from
time to time.
Sec. 22.29 Definitions
Traffic engineer. The City Engineer of the City, or any other
person appointed to perform such duties by the City Administrator.
Sec. 24.1. Public Works functions - defined.
The Director of Public Works shall be the Building Official, City
Engineer, Traffic Engineer, and Superintendent of Streets, unless
otherwise designated by the City Administrator. In this chapter and
wherever else the same may be appropriate in this Code, or in state
statutes whenever reference is made to Building Official, City
Engineer, Traffic Engineer, or Superintendent of Streets, they shall
be deemed to refer to the Director of Public Works, or any other
person appointed to perform such duties by the City Administrator.
Section 26.2.4. Definitions (D-E).
Director shall mean the City of Vernon Director of Public Works, or
his or her designee.
Sec. 27.34. Determination by Director of Public Works.
Whenever the Director of Public Works, or his or her designee,
determines by inspection that graffiti or other inscribed material is
so located on public or private property as to be capable of being
viewed by a person utilizing any public right-of-way in this City, be
this road, parkway, alley, or otherwise, the Director of Public Works,
or his or her designee, shall order the abatement of the nuisance by
removal of the graffiti or other inscribed material in accordance with
the following procedures unless the owner of the property consents to
the removal by the City of the graffiti or other inscribed material
and executes such document as the City may provide relative to the
removal of the graffiti or other inscribed material, then the Director
of Public Works, or his or her designee, is authorized to provide for
the removal of the graffiti or other inscribed material. If the
Director of Public Works, or his or her designee, provides for the
removal of the graffiti or other inscribed material, he/she shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti or other inscribed
material is located.
Sec. 27.35. Informal notice.
The Director of Public Works, or his or her designee, in addition
to any other notices hereafter required by this article, may give to
the occupants of the public or private property, and to any other
person whom he deems should be notified, information concerning the
provisions of this article, any violation thereof, how the person
notified may comply with, and any other information as he/she deems
expedient.
Sec. 27.36. Written consent.
The Director of Public Works, or his or her designee, including
personnel designated by the City to remove graffiti, shall make
reasonable efforts to obtain written consent of the property owner or
legal occupant of the property prior to entering upon private property
to remove said graffiti.
Sec. 27.37. Notice of removal of graffiti.
If, in the opinion of the Director of Public Works, or his or her
designee, any public or private property is found to have any graffiti
or other inscribed material on it as defined in this article, the
Director of Public Works, or his or her designee, shall give to the
party concerned written notice in the event that designated personnel
from the City are unable to obtain written consent from an owner or
occupant granting permission for the City of Vernon employees to enter
upon their property for the sole purpose of graffiti removal.
Sec. 27.40. Right of hearing.
Any party concerned, or the Director of Public Works, or his or
her designee, may request a hearing regarding the removal of graffiti
or other inscribed material after the property is posted. A request by
any person other than the Director of Public Works, or his or her
designee, shall be made in writing to the graffiti appeals board
within ten days after the property is posted or receipt of notice. ...
Sec. 27.41. Hearing not requested.
If neither the Director of Public Works, or his or her designee,
nor any concerned party requests a hearing and the condition as set
forth in the Notice of Intent to Remove Graffiti From Premises is not
corrected within the time specified in such notice, the Director of
Public Works, or his or her designee, may enter upon such private or
public property in order to remove the graffiti or other inscribed
materials, or may cause such other work to be done to the extent
necessary to abate the public nuisance and other conditions which have
been found to exist.
Sec. 27.42. Notice of hearing.
If either the Director of Public Works, or his or her designee,
or any party concerned, requests a hearing within the proper time as
provided in section 27.40, the graffiti appeals board shall hold a
noticed hearing. No less than ten days prior to the hearing, the
Director of Public Works, or his or her designee, shall serve, or
cause to be served, either in the manner required by law for the
service of summons or by first class mail, postage prepaid, a copy of
the notice of hearing upon every person whom this article requires
that the Notice of Intent to Remove Graffiti From Premises be served.
Sec. 27.43. Form and contents of notice.
The notice of hearing shall state:
(b) The conditions because of which the Director of Public
Works, or his or her designee, believes that the property is a public
nuisance.
Sec. 27.44. Posting of notice.
The Director of Public Works, or his or her designee, shall post
one copy of the notice of hearing in a conspicuous place on the public
or private property involved, not less than ten days prior to the
hearing.
Sec. 27.45. Hearing by graffiti appeals board.
The graffiti appeals board shall hold a hearing and consider all
competent evidence offered by any person pertaining to the matters set
forth in the report of the Director of Public Works, or his or her
designee.
Sec. 27.47. Work by City.
If any order of the graffiti appeals board made pursuant to
section 27.46 and not superseded is not complied with within the
period designated by the board, the Director of Public Works, or his
or her designee, may then enter upon such private or public property
in order to remove the graffiti or other inscribed materials, or may
cause such other work to be done to the extent necessary to remove the
graffiti and other inscribed materials determined to exist by the
graffiti appeals board.
Sec. 27.48. Costs.
The costs involved in the removal or other work by the Director
of Public Works, or his or her designee, shall be paid by the City.
Sec. 28.6. Environmental impact.
No final or parcel map filed pursuant to the provisions of this
chapter shall be approved until an environmental review has been
conducted by the Director of Public Works, or his or her designee.
Sec. 28.47. Mandatory mergers —Director of Public Works to file for
recordation with county.
The Director of Public Works, or his or her designee, is
authorized to file for recordation with the Recorder of the County of
Los Angeles a notice of such merger specifying the names of the record
owners and particularly describing the real property; provided that,
at least thirty (30) days prior to the recording of the notice, the
owner of the parcels or units to be affected by the merger shall be
advised in writing of the intention to record the notice and
specifying a time, date and place at which the owner may present
evidence to the City Council as to why such notice should not be
recorded.
Sec. 28.48. Mandatory mergers —determining conformance to standards
for development.
In implementing Sections 66451.10 et seq. of the California
Government Code, the Director of Public Works, or his or her designee,
shall specifically consider the parking requirements of the existing
property when determining whether the parcels or units conform to
standards for development within the City.
Sec. 28.50. Voluntary mergers by common property owners.
(b) Voluntary merger application. ... The Director of Public
Works, or his or her designee, may require additional items as he or
she deems necessary.
(2) Proof of written notice, deemed sufficient by the
Director of Public Works, or his or her designee, of the proposed
voluntary merger to all parties having any record title interest in
the affected real property.
(d) The Director of Public Works, or his or her designee, may
approve the voluntary merger application if he or she finds that the
parcel created by the merger conforms to the purposes and requirements
of this Chapter. The Director of Public Works, or his or her designee,
may impose all conditions on such merger approval he or she deems
necessary to ensure the compliance with the purposes and requirements
this Chapter, such as conditions to retain, reserve, relocate or
establish easements, and to protect the public health, safety and
welfare.
Sec. 28.51. Lot line adjustments between adjacent parcels.
(a) No person shall record a deed or other document adjusting
the boundary between four or fewer existing adjoining parcels by
establishing new property boundaries unless a lot line adjustment is
first approved by the Director of Public Works, or his or her
designee, in the manner described in this Chapter.
(b) Requests for lot line adjustments shall be made on
application forms provided by the Director of Public Works, or his or
her designee.
(c) After investigation and receipt of reports of other
affected divisions or outside agencies, the Director of Public Works,
or his or her designee, shall approve the lot line adjustment,
provided he or she has found in writing that the proposed lot line
adjustment conforms to the City's general plan, any applicable
specific plan and local zoning and building ordinances including, but
not limited to, drainage and the minimum lot requirements as set forth
in Section 28.28 of this Code. The Director of Public Works, or his or
her designee, may approve the lot line adjustment subject to
conditions or exactions as he or she deems necessary to: (i) conform
to the City's general plan, any applicable specific plan, and zoning
and building ordinances; (ii) to facilitate the relocation of existing
utilities, infrastructure, or easements; (iii) to require the
prepayment of real property taxes prior to the approval of the lot
line adjustment; and (iv) to assure that one or more deeds are
properly recorded.
STAFF REPORT
4,";:, ;�,/QED
MAR 7,92017
CITY CLERK'S OFFICE
DATE: April 4, 2017
q
p+° RECEIVED
`��rlLT IMOJ
STAFF REPORT MAR 2 8 2017
CITY ADMINISTRATION (-'ITV tWMO STRATION
TO: Honorable Mayor and City Council
FROM: Carlos Fandino, Jr., City Administrator
Originator: Michael Earl, Director of Human Resourcesl� -
RE: Ordinance Amending Various Sections of the Vernon Municipal Code to
Clarify the Functions and Organization of the Department of Public Works
Recommendation
A. Find that the proposed action is exempt under the California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a "project"
as defined by CEQA Guidelines section 15378; and
B. Conduct a Public Hearing; and
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending
various sections within Chapters 1, 2, 7, 16, 17, 21, 22, 24, 26, 27, and 28 of the Vernon
Municipal Code to clarify the functions and organization of the Department of Public
Works.
Backaround
With the recent vacancy in the position of Director of Public Works and with the transition of the
City's Water Division to the newly entitled Public Utilities Department, staff has been evaluating
the organizational structure of the Public Works Department and has reviewed the various
provisions of the Vernon Municipal Code that define the roles and responsibilities in the
Department of Public Works and, more specifically, for the classification of Director of Public
Works. Based on that review, staff is proposing that sections of the Municipal Code be revised.
Under the current Code provisions, the classification of Director of Public Works is also to serve
as the City Engineer, Building Official, Director of Community Services, Traffic Engineer, and
the Superintendent of Streets. The Municipal Code does not currently provide for the ability of
the City Administrator or Director of Public Works to designate or assign the duties associated
with these roles and responsibilities to another classification within the City. The recommended
Page 1 of 2
changes will leave the functions of City Engineer, Building Official, Director of Community
Services, Traffic Engineer, and Superintendent of Streets under the responsibility of the Public
Works Department and the Director of Public Works, but will allow the City to designate the duties
to an alternate classification. These changes will also allow the City to evaluate alternate staffing
and organizational structures within the Public Works Department. Additionally, the
recommended changes will assist in the recruitment process for a new Director of Public Works
as it is anticipated that it will be extremely difficult to attract applicants who possess all of the
required certifications to fulfill the variety of roles currently required in the existing Code.
It is therefore recommended that various sections within Chapters 1, 2, 7, 16, 17, 21, 22, 24, 26,
27, and 28 of the Vernon Municipal Code be amended as set forth in the proposed ordinance
including Exhibit A attached herewith as prepared and reviewed by the City Attorney's Office to
effectuate the clarifications in the functions and organization of the Public Works Department.
Fiscal Impact
None.
Attachments
1. Notice of Public Hearing
2. Proposed Ordinance
Page 2 of 2
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
The City Council of the City of Vernon will conduct a public hearing, which you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
DATE & Tuesday, April 4, 2017 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
SUBJECTS: A first reading, to adopt at a subsequent meeting, an ordinance amending
various sections within Chapters 1, 2, 7,16,17, 21, 22, 24, 26, 27, and 28 of the
Vernon Municipal Code to clarify the functions and organization of the
Department of Public Works
REQUEST: All parties are invited to be present and to submit statements orally or in writing
before or during the applicable public hearing.
REVIEW OF Subject documents are available for inspection by the public at Vernon City Hall,
THE FILE: City Clerk Department, 4305 Santa Fe Avenue, Vernon, California 90058,
Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on the City's website at:
http://www.cityofvemon.oriz/govemment/public-meetin s/city-council
PROPOSED Staff plans to recommend that the Vernon City Council determine that the
CEQA proposal is an administrative activity that will not result in direct or indirect
FINDING: physical changes in the environment, and therefore does not constitute a "project"
as defined by the California Environmental Quality Act (CEQA).
If you desire to challenge the actions taken by the City Council or any portion thereof in court, you may be
limited to raising only those issues you or someone else raised at the applicable hearing described in this
notice or in written correspondence delivered to the City of Vernon during, or before, the hearing.
Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without
further official notice of the public hearings.
Dated: 3/22/?017 '
Maria . Ayala, C' Clerk
ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING VARIOUS SECTIONS OF THE VERNON
MUNICIPAL CODE TO CLARIFY THE FUNCTIONS AND
ORGANIZATION OF THE DEPARTMENT OF PUBLIC WORKS; AND
REPEALING ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, section 2.6-6(a) of the Vernon Municipal Code grants
the City Administrator broad authority and discretion to direct the
administrative affairs of the City; and
WHEREAS, section 2.6-6(c) of the Vernon Municipal Code
authorizes the City Administrator to recommend to the City Council any
"reorganization of officers, departments or divisions as may be
indicated in the interests of the efficient, effective and economical
conduct of the City's business, and to effect such reorganization when
authorized by appropriate ordinance, resolution or motion of the City
Council"; and
WHEREAS, in light of the recent vacancy in the position of
Director of Public Works, and with the transition of the City's Water
Division to the Public Utilities Department, staff has been evaluating
the organizational structure of the Public Works Department and the
various provisions of the Vernon Municipal Code that define the roles
and responsibilities within the Public Works Department and the Public
Works Director classification; and
WHEREAS, under current Vernon Municipal Code provisions, the
Director of Public Works is also designated as the City Engineer,
Building Official, Director of Community Services, Traffic Engineer,
and the Superintendent of Streets; and
WHEREAS, the Vernon Municipal Code does not currently provide
for the ability of the City Administrator or the Director of Public
Works to designate or assign duties associated with these roles and
responsibilities to another position or classification within the City;
and
WHEREAS, for purposes of efficiency and consistency with
other local agencies, the City Administrator desires to keep the
functions of City Engineer, Building Official, Director of Community
Services, Traffic Engineer, and the Superintendent of Streets under the
responsibility of the Director of Public Works, but allow the City
Administrator, and in some cases the Director of Public Works, the
ability to designate these duties to an alternate position; and
WHEREAS, certain additions and amendments to the Vernon
Municipal Code are needed to implement this clarification and
organization of the duties and responsibilities within the Public Works
Department; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that all of the foregoing recitals are true and
correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Sections 1.8-5(a)(2), 2.69-1(d), 7.13(a), 7.13(b), 16.1,
17.16(d)(1)(B), 21.1.2, 21.3.1, 22.1, 22.2, 22.29, 24.1, 26.2.4, 27.34,
- 2 -
27.35, 27.36, 27.37, 27.40, 27.41, 27.42, 27.43(b), 27.44, 27.45,
27.47, 27.48, 28.6, 28.47, 28.48, 28.50(b), 28.50(b)(2), 28.50(d), and
28.51(a) through (c) (inclusive) of the Vernon Municipal Code, as set
forth in Exhibit A which is attached hereto and incorporated by
reference.
SECTION 3: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Book of Ordinances.
The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
- 3 -
SECTION 6: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this day of , 2017.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zaynah Moussa, Senior Deputy City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I,
ss
City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1241 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, April 4, 2017, and thereafter adopted at a meeting
of said City Council held on Tuesday, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this day of , 2017, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
- 5 -
EXHIBIT A
EXHIBIT "A"
Section 1.8-5. Nuisances.
(a) Public nuisances defined. ...
(2) Buildings or structures which are partially
destroyed, or abandoned and not fully secured, for more than ninety
(90) consecutive calendar days, or ninety (90) calendar days within a
one hundred twenty (120) calendar day period, unless a longer time
limit is approved by the Director of Public Works, or his or her
designee;
Sec. 2.69-1. Departments.
The City shall have the following departments and the City Council
of the City of Vernon shall appoint the department head by resolution,
after receiving the recommendation of the City Administrator:
(d) Public Works Department. There is hereby created and ratified
in the service of the City the Public Works Department. The Director
of Public Works shall administer the Public Works Department and
report to the City Administrator, subject to the provisions of the
Code of the City of Vernon or as prescribed by the City Council. T-1�,e
effieial,Dir-eeter
of Gemmurty Serviees,
Tr-affie Engi-ee--a �
Si'peri tendent of
te the Gity Administrrater.
Streets, and in these eapaeities
shall alse _eper -
Sec. 7.13. Application for permit and issuance.
(a) To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the Director of
Public Works, or his or her designee, for that purpose.
(b) Plans, engineering calculations, diagrams and other data
shall be submitted in a minimum of four sets with each application for
a permit. The Director of Public Works, or his or her designee, may
require plans and calculations to be prepared and designed by an
engineer licensed by the State to practice as such.
Sec. 16.1. Definitions.
Traffic Engineer. The City Engineer of the City, or any other
person appointed to perform such duties by the City Administrator.The
T3Faff-}e Engineer of the City his/heE dilly-aut-herized
representative. in the that at anytime—ther2shall net
Traffie of the Gity, then-zhe safae shall be deemed tebe the
Direeter ef Publie Werks of the-Git-�,-
Sec. 17.16 Camping prohibited.
(d) The provisions of this Section do not apply to:
(1) portable units which
B. have received written approval from the Director of
Public Works, or his or her designee, for such temporary usage ....
Sec. 21.1.2. Statutory authority.
The provisions of this chapter are adopted pursuant to the Federal
Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. §§ 1251, et seq. Nothing in this chapter prohibits
the Director of Public Works and the Health Officer, or their
designees, from regulating sewers or stormwater in a manner that
exceeds the requirements of the Clean Water Act, the State Water
Resources Control Board and Regional Boards.
Sec. 21.3.1. Local authority.
ThePireeter- of Publie Wei�as the The City Engineer, shall have
charge and control of all sewers and storm drains in the City and
shall construct, operate, maintain, and repair all such systems
subject to the direction of the City Council. The City Engineer and/or
the Health Officer shall enforce the provisions of this chapter.
Sec. 22.1. City Engineer Offie ereated defined.
There —is —hereby ei-eate and established the Gffiee -ef Gi-ty
-Engineer. The City Engineer shall be the Director of Public Works, or
any other person appointed to perform such duties by the City
Administrator. D~ireeter ef—Piablie Weems shall be — the —Cit3
Sec. 22.2. Same —Powers and duties.
The City Engineer shall also be known as the Traffic Engineer and
as the Superintendent of Streets, and shall have charge and control of
all the public streets, alleys and public places in the City, and
shall perform such work thereon and discharge such duties in
connection therewith as may be assigned by the Gity Geun i1City
Administrator from time to time.
Sec. 22.29 Definitions
Traffic engineer. The CGity Engineer of the CEity, or any other
person appointed to perform such duties by the City Administrator.
s- de
Sec. 24.1. Public Works functions - defined.
The Director of Public Works shall be the,— Building Official,
City Engineer, Traffic Engineer, and Superintendent of Streets, unless
otherwise designated by the City Administrator. are defined to '^^•r^
In this chapter and wherever else the same may be
appropriate in this Code, or in state statutes whenever reference is
made to Direeter of Pablie Works, Building Official, City Engineer,
Traffic Engineer, or Superintendent of Streets, they shall be deemed
to refer to the safne ffiei '_Director of Public Works, or any other
person appointed to perform such duties by the City Administrator.
Section 26.2.4. Definitions (D-E).
Director shall mean the City of Vernon Director of Public Works, or
his or her designee.
Sec. 27.34. Determination by Director of Public Works.
Whenever the Director of Public Works, or his or her designee,
determines by inspection that graffiti or other inscribed material is
so located on public or private property as to be capable of being
viewed by a person utilizing any public right-of-way in this City, be
this road, parkway, alley, or otherwise, the Director of Public Works,
or his or her designee, shall order the abatement of the nuisance by
removal of the graffiti or other inscribed material in accordance with
the following procedures unless the owner of the property consents to
the removal by the City of the graffiti or other inscribed material
and executes such document as the City may provide relative to the
removal of the graffiti or other inscribed material, then the Director
of Public Works, or his or her designee, is authorized to provide for
the removal of the graffiti or other inscribed material. If the
Director of Public Works, or his or her designee, provides for the
removal of the graffiti or other inscribed material, he/she shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti or other inscribed
material is located.
Sec. 27.35. Informal notice.
The Director of Public Works, or his or her designee, in addition
to any other notices hereafter required by this article, may give to
the occupants of the public or private property, and to any other
person whom he deems should be notified, information concerning the
provisions of this article, any violation thereof, how the person
notified may comply with, and any other information as he/she deems
expedient.
Sec. 27.36. Written consent.
The Director of Public Works, er his,her designate
=e,eresentativee, or his or her designee, including personnel
designated by the City to remove graffiti, shall make reasonable
efforts to obtain written consent of the property owner or legal
occupant of the property prior to entering upon private property to
remove said graffiti.
Sec. 27.37. Notice of removal of graffiti.
If, in the opinion of the Director of Public Works, or his or her
designee, any public or private property is found to have any graffiti
or other inscribed material on it as defined in this article, the
Director of Public Works, or his or her designee, shall give to the
party concerned written notice in the event that designated personnel
from the City are unable to obtain written consent from an owner or
occupant granting permission for the City of Vernon employees to enter
upon their property for the sole purpose of graffiti removal.
Sec. 27.40. Right of hearing.
Any party concerned, or the Director of Public Works, or his or
her designee, may request a hearing regarding the removal of graffiti
or other inscribed material after the property is posted. A request by
any person other than the Director of Public Works, or his or her
designee, shall be made in writing to the graffiti appeals board
within ten days after the property is posted or receipt of notice. ...
Sec. 27.41. Hearing not requested.
If neither the Director of Public Works, or his or her designee,
nor any concerned party requests a hearing and the condition as set
forth in the Notice of Intent to Remove Graffiti From Premises is not
corrected within the time specified in such notice, the Director of
Public Works, or his or her designee,er his,lher designs
may enter upon such private or public property in
order to remove the graffiti or other inscribed materials, or may
cause such other work to be done to the extent necessary to abate the
public nuisance and other conditions which have been found to exist.
Sec. 27.42. Notice of hearing.
If either the Director of Public Works, or his or her designee,
or any party concerned, requests a hearing within the proper time as
provided in section 27.40, the graffiti appeals board shall hold a
noticed hearing. No less than ten days prior to the hearing, the
Director of Public Works, or his or her designee, shall serve, or
cause to be served, either in the manner required by law for the
service of summons or by first class mail, postage prepaid, a copy of
the notice of hearing upon every person whom this article requires
that the Notice of Intent to Remove Graffiti From Premises be served.
Sec. 27.43. Form and contents of notice.
The notice of hearing shall state:
(b) The conditions because of which the Director of Public
Works, or his or her designee, believes that the property is a public
nuisance.
Sec. 27.44. Posting of notice.
The Director of Public Works, or his or her designee, shall post
one copy of the notice of hearing in a conspicuous place on the public
or private property involved, not less than ten days prior to the
hearing.
Sec. 27.45. Hearing by graffiti appeals board.
The graffiti appeals board shall hold a hearing and consider all
competent evidence offered by any person pertaining to the matters set
forth in the report of the Director of Public Works, or his or her
designee.
Sec. 27.47. Work by City.
If any order of the graffiti appeals board made pursuant to
section 27.46 and not superseded is not complied with within the
period designated by the board, the Director of Public Works, or
his/her eles grate-' representativehis or her designee, may then enter
upon such private or public property in order to remove the graffiti
or other inscribed materials, or may cause such other work to be done
to the extent necessary to remove the graffiti and other inscribed
materials determined to exist by the graffiti appeals board.
Sec. 27.48. Costs.
The costs involved in the removal or other work by the Director
of Public Works, or his or her designee, shall be paid by the City.
Sec. 28.6. Environmental impact.
No final or parcel map filed pursuant to the provisions of this
chapter shall be approved until an environmental review has been
conducted by the Director of Public Works, or his or her designee.
Sec. 28.47. Mandatory mergers —Director of Public Works to file for
recordation with county.
The Director of Public Works, or his or her designee, is
authorized to file for recordation with the Recorder of the County of
Los Angeles a notice of such merger specifying the names of the record
owners and particularly describing the real property; provided that,
at least thirty (30) days prior to the recording of the notice, the
owner of the parcels or units to be affected by the merger shall be
advised in writing of the intention to record the notice and
specifying a time, date and place at which the owner may present
evidence to the City Council as to why such notice should not be
recorded.
Sec. 28.48. Mandatory mergers —determining conformance to standards
for development.
In implementing Sections 66451.10 et seq. of the California
Government Code, the Director of Public Works, or his or her designee,
shall specifically consider the parking requirements of the existing
property when determining whether the parcels or units conform to
standards for development within the City.
Sec. 28.50. Voluntary mergers by common property owners.
(b) Voluntary merger application. ... The Director of Public
Works, or his or her designee, may require additional items as he or
she deems necessary.
(2) Proof of written notice, deemed sufficient by the
Director of Public Works, or his or her designee, of the proposed
voluntary merger to all parties having any record title interest in
the affected real property.
(d) The Director of Public Works, or his or her designee, may
approve the voluntary merger application if he or she finds that the
parcel created by the merger conforms to the purposes and requirements
of this Chapter. The Director of Public Works, or his or her designee,
may impose all conditions on such merger approval he or she deems
necessary to ensure the compliance with the purposes and requirements
this Chapter, such as conditions to retain, reserve, relocate or
establish easements, and to protect the public health, safety and
welfare.
Sec. 28.51. Lot line adjustments between adjacent parcels.
(a) No person shall record a deed or other document adjusting
the boundary between four or fewer existing adjoining parcels by
establishing new property boundaries unless a lot line adjustment is
first approved by the Director of Public Works, or his or her
designee, in the manner described in this Chapter.
(b) Requests for lot line adjustments shall be made on
application forms provided by the Director of Public Works, or his or
her designee.
(c) After investigation and receipt of reports of other
affected divisions or outside agencies, the Director of Public Works,
or his or her designee, shall approve the lot line adjustment,
provided he or she has found in writing that the proposed lot line
adjustment conforms to the City's general plan, any applicable
specific plan and local zoning and building ordinances including, but
not limited to, drainage and the minimum lot requirements as set forth
in Section 28.28 of this Code. The Director of Public Works, or his or
her designee, may approve the lot line adjustment subject to
conditions or exactions as he or she deems necessary to: (i) conform
to the City's general plan, any applicable specific plan, and zoning
and building ordinances; (ii) to facilitate the relocation of existing
utilities, infrastructure, or easements; (iii) to require the
prepayment of real property taxes prior to the approval of the lot
line adjustment; and (iv) to assure that one or more deeds are
properly recorded.
ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING VARIOUS SECTIONS OF THE VERNON
MUNICIPAL CODE TO CLARIFY THE FUNCTIONS AND
ORGANIZATION OF THE DEPARTMENT OF PUBLIC WORKS; AND
REPEALING ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, section 2.6-6(a) of the Vernon Municipal Code grants
the City Administrator broad authority and discretion to direct the
administrative affairs of the City; and
WHEREAS, section 2.6-6(c) of the Vernon Municipal Code
authorizes the City Administrator to recommend to the City Council any
"reorganization of officers, departments or divisions as may be
indicated in the interests of the efficient, effective and economical
conduct of the City's business, and to effect such reorganization when
authorized by appropriate ordinance, resolution or motion of the City
Council"; and
WHEREAS, in light of the recent vacancy in the position of
Director of Public Works, and with the transition of the City's Water
Division to the Public Utilities Department, staff has been evaluating
the organizational structure of the Public Works Department and the
various provisions of the Vernon Municipal Code that define the roles
and responsibilities within the Public Works Department and the Public
Works Director classification; and
WHEREAS, under current Vernon Municipal Code provisions, the
Director of Public Works is also designated as the City Engineer,
Building Official, Director of Community Services, Traffic Engineer,
and the Superintendent of Streets; and
WHEREAS, the Vernon Municipal Code does not currently provide
for the ability of the City Administrator or the Director of Public
Works to designate or assign duties associated with these roles and
responsibilities to another position or classification within the City;
and
WHEREAS, for purposes of efficiency and consistency with
other local agencies, the City Administrator desires to keep the
functions of City Engineer, Building Official, Director of Community
Services, Traffic Engineer, and the Superintendent of Streets under the
responsibility of the Director of Public Works, but allow the City
Administrator, and in some cases the Director of Public Works, the
ability to designate these duties to an alternate position; and
WHEREAS, certain additions and amendments to the Vernon
Municipal Code are needed to implement this clarification and
organization of the duties and responsibilities within the Public Works
Department; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that all of the foregoing recitals are true and
correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Sections 1.8-5(a)(2), 2.69-1(d), 7.13(a), 7.13(b), 16.1,
17.16(d)(1)(B), 21.1.2, 21.3.1, 22.1, 22.2, 22.29, 24.1, 26.2.4, 27.34,
- 2 -
27.35, 27.36, 27.37, 27.40, 27.41, 27.42, 27.43(b), 27.44, 27.45,
27.47, 27.48, 28.6, 28.47, 28.48, 28.50(b), 28.50(b)(2), 28.50(d), and
28.51(a) through (c) (inclusive) of the Vernon Municipal Code, as set
forth in Exhibit A which is attached hereto and incorporated by
reference.
SECTION 3: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Book of Ordinances.
The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
- 3 -
SECTION 6: Effective Date
This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 18th day of April, 2017.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zayrja)h 144oassa, Senior Deputy City Attorney
- 4 -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I,
ss
, City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1241 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, April 4, 2017, and thereafter adopted at a meeting
of said City Council held on Tuesday, April 18, 2017, by the following
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this day of April, 2017, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
- 5 -
EXHIBIT A
EXHIBIT "A"
Section 1.8-5. Nuisances.
(a) Public nuisances defined. ...
(2) Buildings or structures which are partially
destroyed, or abandoned and not fully secured, for more than ninety
(90) consecutive calendar days, or ninety (90) calendar days within a
one hundred twenty (120) calendar day period, unless a longer time
limit is approved by the Director of Public Works, or his or her
designee;
Sec. 2.69-1. Departments.
The City shall have the following departments and the City Council
of the City of Vernon shall appoint the department head by resolution,
after receiving the recommendation of the City Administrator:
(d) Public Works Department. There is hereby created and ratified
in the service of the City the Public Works Department. The Director
of Public Works shall administer the Public Works Department and
report to the City Administrator, subject to the provisions of the
Code of the City of Vernon or as prescribed by the City Council.
Sec. 7.13. Application for permit and issuance.
(a) To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the Director of
Public Works, or his or her designee, for that purpose.
(b) Plans, engineering calculations, diagrams and other data
shall be submitted in a minimum of four sets with each application for
a permit. The Director of Public Works, or his or her designee, may
require plans and calculations to be prepared and designed by an
engineer licensed by the State to practice as such.
Sec. 16.1. Definitions.
Traffic Engineer. The City Engineer of the City, or any other
person appointed to perform such duties by the City Administrator.
Sec. 17.16 Camping prohibited.
(d) The provisions of this Section do not apply to:
(1) portable units which
B. have received written approval from the Director of
Public Works, or his or her designee, for such temporary usage ....
Sec. 21.1.2. Statutory authority.
The provisions of this chapter are adopted pursuant to the Federal
Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. §§ 1251, et seq. Nothing in this chapter prohibits
the Director of Public Works and the Health Officer, or their
designees, from regulating sewers or stormwater in a manner that
exceeds the requirements of the Clean Water Act, the State Water
Resources Control Board and Regional Boards.
Sec. 21.3.1. Local authority.
The City Engineer, shall have charge and control of all sewers and
storm drains in the City and shall construct, operate, maintain, and
repair all such systems subject to the direction of the City Council.
The City Engineer and/or the Health Officer shall enforce the
provisions of this chapter.
Sec. 22.1. City Engineer defined.
The City Engineer shall be the Director of Public Works, or any
other person appointed to perform such duties by the City
Administrator.
Sec. 22.2. Same —Powers and duties.
The City Engineer shall also be known as the Traffic Engineer and
as the Superintendent of Streets, and shall have charge and control of
all the public streets, alleys and public places in the City, and
shall perform such work thereon and discharge such duties in
connection therewith as may be assigned by the City Administrator from
time to time.
Sec. 22.29 Definitions
Traffic engineer. The City Engineer of the City, or any other
person appointed to perform such duties by the City Administrator.
Sec. 24.1. Public Works functions - defined.
The Director of Public Works shall be the Building Official, City
Engineer, Traffic Engineer, and Superintendent of Streets, unless
otherwise designated by the City Administrator. In this chapter and
wherever else the same may be appropriate in this Code, or in state
statutes whenever reference is made to Building Official, City
Engineer, Traffic Engineer, or Superintendent of Streets, they shall
be deemed to refer to the Director of Public Works, or any other
person appointed to perform such duties by the City Administrator.
Section 26.2.4. Definitions (D-E).
Director shall mean the City of Vernon Director of Public Works, or
his or her designee.
Sec. 27.34. Determination by Director of Public Works.
Whenever the Director of Public Works, or his or her designee,
determines by inspection that graffiti or other inscribed material is
so located on public or private property as to be capable of being
viewed by a person utilizing any public right-of-way in this City, be
this road, parkway, alley, or otherwise, the Director of Public Works,
or his or her designee, shall order the abatement of the nuisance by
removal of the graffiti or other inscribed material in accordance with
the following procedures unless the owner of the property consents to
the removal by the City of the graffiti or other inscribed material
and executes such document as the City may provide relative to the
removal of the graffiti or other inscribed material, then the Director
of Public Works, or his or her designee, is authorized to provide for
the removal of the graffiti or other inscribed material. If the
Director of Public Works, or his or her designee, provides for the
removal of the graffiti or other inscribed material, he/she shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti or other inscribed
material is located.
Sec. 27.35. Informal notice.
The Director of Public Works, or his or her designee, in addition
to any other notices hereafter required by this article, may give to
the occupants of the public or private property, and to any other
person whom he deems should be notified, information concerning the
provisions of this article, any violation thereof, how the person
notified may comply with, and any other information as he/she deems
expedient.
Sec. 27.36. Written consent.
The Director of Public Works, or his or her designee, including
personnel designated by the City to remove graffiti, shall make
reasonable efforts to obtain written consent of the property owner or
legal occupant of the property prior to entering upon private property
to remove said graffiti.
Sec. 27.37. Notice of removal of graffiti.
If, in the opinion of the Director of Public Works, or his or her
designee, any public or private property is found to have any graffiti
or other inscribed material on it as defined in this article, the
Director of Public Works, or his or her designee, shall give to the
party concerned written notice in the event that designated personnel
from the City are unable to obtain written consent from an owner or
occupant granting permission for the City of Vernon employees to enter
upon their property for the sole purpose of graffiti removal.
Sec. 27.40. Right of hearing.
Any party concerned, or the Director of Public Works, or his or
her designee, may request a hearing regarding the removal of graffiti
or other inscribed material after the property is posted. A request by
any person other than the Director of Public Works, or his or her
designee, shall be made in writing to the graffiti appeals board
within ten days after the property is posted or receipt of notice. ...
Sec. 27.41. Hearing not requested.
If neither the Director of Public Works, or his or her designee,
nor any concerned party requests a hearing and the condition as set
forth in the Notice of Intent to Remove Graffiti From Premises is not
corrected within the time specified in such notice, the Director of
Public Works, or his or her designee, may enter upon such private or
public property in order to remove the graffiti or other inscribed
materials, or may cause such other work to be done to the extent
necessary to abate the public nuisance and other conditions which have
been found to exist.
Sec. 27.42. Notice of hearing.
If either the Director of Public Works, or his or her designee,
or any party concerned, requests a hearing within the proper time as
provided in section 27.40, the graffiti appeals board shall hold a
noticed hearing. No less than ten days prior to the hearing, the
Director of Public Works, or his or her designee, shall serve, or
cause to be served, either in the manner required by law for the
service of summons or by first class mail, postage prepaid, a copy of
the notice of hearing upon every person whom this article requires
that the Notice of Intent to Remove Graffiti From Premises be served.
Sec. 27.43. Form and contents of notice.
The notice of hearing shall state:
(b) The conditions because of which the Director of Public
Works, or his or her designee, believes that the property is a public
nuisance.
Sec. 27.44. Posting of notice.
The Director of Public Works, or his or her designee, shall post
one copy of the notice of hearing in a conspicuous place on the public
or private property involved, not less than ten days prior to the
hearing.
Sec. 27.45. Hearing by graffiti appeals board.
The graffiti appeals board shall hold a hearing and consider all
competent evidence offered by any person pertaining to the matters set
forth in the report of the Director of Public Works, or his or her
designee.
Sec. 27.47. Work by City.
If any order of the graffiti appeals board made pursuant to
section 27.46 and not superseded is not complied with within the
period designated by the board, the Director of Public Works, or his
or her designee, may then enter upon such private or public property
in order to remove the graffiti or other inscribed materials, or may
cause such other work to be done to the extent necessary to remove the
graffiti and other inscribed materials determined to exist by the
graffiti appeals board.
Sec. 27.48. Costs.
The costs involved in the removal or other work by the Director
of Public Works, or his or her designee, shall be paid by the City.
Sec. 28.6. Environmental impact.
No final or parcel map filed pursuant to the provisions of this
chapter shall be approved until an environmental review has been
conducted by the Director of Public Works, or his or her designee. ....
Sec. 28.47. Mandatory mergers —Director of Public Works to file for
recordation with county.
The Director of Public Works, or his or her designee, is
authorized to file for recordation with the Recorder of the County of
Los Angeles a notice of such merger specifying the names of the record
owners and particularly describing the real property; provided that,
at least thirty (30) days prior to the recording of the notice, the
owner of the parcels or units to be affected by the merger shall be
advised in writing of the intention to record the notice and
specifying a time, date and place at which the owner may present
evidence to the City Council as to why such notice should not be
recorded.
Sec. 28.48. Mandatory mergers —determining conformance to standards
for development.
In implementing Sections 66451.10 et seq. of the California
Government Code, the Director of Public Works, or his or her designee,
shall specifically consider the parking requirements of the existing
property when determining whether the parcels or units conform to
standards for development within the City.
Sec. 28.50. Voluntary mergers by common property owners.
(b) Voluntary merger application. ... The Director of Public
Works, or his or her designee, may require additional items as he or
she deems necessary.
(2) Proof of written notice, deemed sufficient by the
Director of Public Works, or his or her designee, of the proposed
voluntary merger to all parties having any record title interest in
the affected real property.
(d) The Director of Public Works, or his or her designee, may
approve the voluntary merger application if he or she finds that the
parcel created by the merger conforms to the purposes and requirements
of this Chapter. The Director of Public Works, or his or her designee,
may impose all conditions on such merger approval he or she deems
necessary to ensure the compliance with the purposes and requirements
this Chapter, such as conditions to retain, reserve, relocate or
establish easements, and to protect the public health, safety and
welfare.
Sec. 28.51. Lot line adjustments between adjacent parcels.
(a) No person shall record a deed or other document adjusting
the boundary between four or fewer existing adjoining parcels by
establishing new property boundaries unless a lot line adjustment is
first approved by the Director of Public Works, or his or her
designee, in the manner described in this Chapter.
(b) Requests for lot line adjustments shall be made on
application forms provided by the Director of Public Works, or his or
her designee.
(c) After investigation and receipt of reports of other
affected divisions or outside agencies, the Director of Public Works,
or his or her designee, shall approve the lot line adjustment,
provided he or she has found in writing that the proposed lot line
adjustment conforms to the City's general plan, any applicable
specific plan and local zoning and building ordinances including, but
not limited to, drainage and the minimum lot requirements as set forth
in Section 28.28 of this Code. The Director of Public Works, or his or
her designee, may approve the lot line adjustment subject to
conditions or exactions as he or she deems necessary to: (i) conform
to the City's general plan, any applicable specific plan, and zoning
and building ordinances; (ii) to facilitate the relocation of existing
utilities, infrastructure, or easements; (iii) to require the
prepayment of real property taxes prior to the approval of the lot
line adjustment; and (iv) to assure that one or more deeds are
properly recorded.
This space is for the County Clerk's Filing Stamp
!Z"Istez i 05) uup ]Jubtircatio s, 4111r-
161 S. AVENUE 24, LOS ANGELES, CA 90031
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN,
NORTHEAST SUN,
BELL GARDENS SUN
VERNON SUN,
COMMERCE COMET
AND
MONTEBELLO COMET,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper of general
circulation by the Superior Court of the County
of Los Angeles, State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861,
that the notice, of which the annexed is printed
copy (set in type not smaller the nonpareil), has
been published in each regular and entire issue
of sail newspaper and not in any supplement
thereof on the following dates, to -wit:
MARCH 23,
all in the year 2017.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 23RD day of MARCH, 2017.
`1
Signature
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing
Tuesday, April 4, 2017
to Clarify the Functions and Organization
of the Department of Public Works
NOTICE OF PUBLIC HEARING
The City Council of the City of Vernon will conduct a public hearing, which
you may attend.
PLACE: Vernon City Hall, City Council Chambers
4305 Santa Fe Avenue, Vernon, CA 90058
DATE & Tuesday, April 4, 2017 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
SUBJECTS:
A first reading, to adopt at a subsequent meeting, an ordinance
amending various sections within Chapters 1, 2, 7, 16, 17, 21, 22, 24,
26, 27, and 28 of the Vernon Municipal Code to clarify the functions
and organization of the Department of Public Works
REQUEST:
All parties are invited to be present and to submit statements orally or in
writing before or during the applicable public hearing.
REVIEW OF THE FILE:
Subjvt documents are available for inspection by the public at Vernon
City Hall, City Clerk Department, 4305 Santa Fe Avenue; Vernon,
California 90058, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and
on the City website at: http://www.cityofvernon.org/government/public-
meetings/city-council
PROPOSED CEQA FINDING:
Staff plans to recommend that the Vernon City Council determine that
the proposal is an administrative activity that will not result in direct
or indirect physical changes in the environment, and therefore does not
constitute a "project' as defined by the California Environmental Quality
Act (CEQA).
If you desire to challenge the actions taken by the City Council or any
portion thereof in court, you may be limited to raising only those issues
you or someone else raised at the applicable hearing described in this
notice or in written correspondence delivered to the City of Vernon
during, or before, the hearing.
Americans with Disabilities Act (ADA): In compliance with ADA, if you
need special assistance to participate in the meeting, please contact the
Office of the City Clerk at (323) 583-8811.
The hearing may be continued or adjourned or cancelled and rescheduled
to a stated time and place without further official notice of the public
hearings.
Dated: 3/22/2017 Maria E. Ayala, City Clerk
CITY OF VERNON CITY COUNCIL MEETING
APRIL 4, 2017
ORDINANCE NO. 1241 SUMMARY
(Amending various sections of the Vernon Municipal Code to clarify the functions and
organization of the Department of Public Works; and repealing all ordinances or parts
thereof in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1241
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1241 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on April 4, 2017. Ordinance No. 1241 is scheduled to be considered
for adoption by said Council at a regular meeting to be held on April 18, 2017.
The proposed Ordinance No. 1241 would amend various sections of the Vernon
Municipal Code to clarify the functions and organization of the Department of Public
Works; and repeal all ordinances or parts thereof in conflict therewith.
Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No.
1241 was duly introduced to the City Council of the City of Vernon at a regular meeting
held on April 4, 2017, and said Ordinance is scheduled to be considered for adoption at a
regular meeting of the City Council to be held on April 18, 2017.
Dated: 04/04/2017
Mari E. Ayala, Cit Jerk
This space is for the County Clerk's Filing Stamp
'I-1i�t�#errs (1�j� olLt� �ixrrlYr�xii�xt�, �Izir�
161 S. AVENUE 24, LOS ANGELES, CA 90031
323 221-1092 • FX: 323 221-1090 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS
EASTSIDE SUN,
NORTHEAST SUN,
BELL GARDENS SUN,
VERNON SUN,
COMMERCE COMET
AND
MONTEBELLO COMET,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper of general
circulation by the Superior Court of the County
of Los Angeles, State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861,
that the notice, of which the annexed is printed
copy (set in type not smaller the nonpareil), has
been published in each regular and entire issue
of sail newspaper and not in any supplement
thereof on the following dates, to-wit-
APRIL 06,
all in the year 2017.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 06!-H day of APRIL, 2017.
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
April 4, 2017
Ordinance No. 1241 Summary
CITY OF VERNON CITY COUNCIL MEETING
APRIL 4, 2017
ORDINANCE NO. 1241 SUMMARY
(Amending various sections of the Vernon Municipal Code to clarify
the functions and organization of the Department of Public Works; and
repealing all ordinances or parts thereof in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE
NO. 1241 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1241 was duly introduced at a regular meeting of the City
Council of the City of Vernon held on April 4, 2017. Ordinance No. 1241
is scheduled to be considered for adoption by said Council at a regular
meeting to be held on April 18, 2017,
The proposed Ordinance No. 1241 would amend various sections of the
Vernon Municipal Code to clarify the functions and organization of the
Department of Public Works; and repeal all ordinances or parts thereof
in conflict therewith.
Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that
Ordinance No. 1241 was duly introduced to the City Council of the City of
Vernon at a regular meeting held on April 4, 2017, and said Ordinance is
scheduled to be considered for adoption at a regular meeting of the City
Council to be held on April 18, 2017.
Dated: 04/04/2017 Maria E. Ayala, City Clerk
Signature
CITY OF VERNON CITY COUNCIL MEETING
APRIL 18, 2017
ORDINANCE NO. 1241 SUMMARY
(Amending various sections of the Vernon Municipal Code to clarify the functions and
organization of the Department of Public Works; and repealing all ordinances or parts
thereof in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1241
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On April 18, 2017, the City Council of the City of Vernon approved and adopted
Ordinance No. 1241 amending various sections of the Vernon Municipal Code to clarify
the functions and organization of the Department of Public Works; and repealing all
ordinances or parts thereof in conflict therewith.
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No.
1241 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on April 18, 2017, and passed by said Council by the following
vote:
AYES:
NOES:
ABSTAIN
Dated: 4/18/17
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
YBARRA, WOODRUFF-PEREZ,
DAVIS, MARTINEZ, AND LOPEZ
Mari .aal City Oferk
This space is for the County Clerk's Filing Stamp
zasterxi 0411up publivztious, Jiir,.
161 S. AVENUE 24, LOS ANGELES, CA 90031
323 221-1092 • FK 323 221-1090 - www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a partyto or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN,
NORTHEAST SUN,
BELL GARDENS SUN,
VERNON SUN,
COMMERCE COMET
AND
MONTEBELLO COMET,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper of general
circulation by the Superior Court of the County
of Los Angeles, State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861,
that the notice, of which the annexed is printed
copy (set in type not smaller the nonpareil), has
been published in each regular and entire issue
of sail newspaper and not in any supplement
thereof on the following dates, to -wit:
all in the year 2017.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 201HH day of APRIL, 2017.
fff�621 �2 4:��:
Signature
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
April 18, 2017
Ordinance No. 1241 Summary (2nd)
CITY OF VERNON CITY COUNCIL MEETING
APRIL 18, 2017
ORDINANCE NO. 1241 SUMMARY
(Amending various sections of the Vernon Municipal Code to clarify the
functions and organization of the Department of Public Works; and repealing
all ordinances or parts thereof in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO.
1241 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
On April 18, 2017, the City Council of the City of Vernon approved and
adopted Ordinance No. 1241 amending various sections of the Vernon
Municipal Code to clarify the functions and organization of the Department
of Public Works; and repealing all ordinances or parts thereof in conflict
therewith.
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that
Ordinance No. 1241 was duly approved and adopted by the City Council of
the City of Vernon at a regular meeting held on April 18, 2017, and passed by
said Council by the following vote:
AYES: COUNCILMEMBERS: YBARRA, WOODRUFF-PEREZ,
DAVIS, MARTINEZ, AND LOPEZ
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS: