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ORDINANCE 1148ORDINANCE 1148 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF ZONING CODES. WHEREAS, Ordinance No. 1124, adopted October 11, 1988, designated the Director of Planning or his /her duly designated representative the authority for zoning code enforcement; and WHEREAS, the Housing and Environment Inspector position was established as a specialist to insure often complex land use regulations are in compliance with the law; and WHEREAS, certain code changes are necessary to strengthen the procedure and the authority of the Housing and the Environmental Inspector; and WHEREAS, it is necessary to provide flexibility in the range of penalties available to the City for speedy resolution of land use violations; and WHEREAS, a City Council adopted policy for an administrative procedure will provide the required "due process" to accomplish zone code enforcement; and WHEREAS, this amendment changes no property from one zone to another, imposes no regulation not heretofore imposed on property and does not remove or modify any regulations therefore imposed; and NOW THEREFORE, the City Council of the City of El Segundo, California does ordain as follows: SECTION 1. Section Chapter 20.97 is hereby added to the El Segundo Municipal Code, to read as follows: "20.97 AUTHORITY TO INSPECT. Whenever necessary to make any inspection to enforce any of the provisions of this Title, the Director of Development Services or an authorized representative of the Director, is authorized to enter any property, premises, or building at all reasonable times. If such property, premises, or building is occupied, the Director or his /her representative shall first present proper credentials and request entry; and if such building or premises is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the property, premises, or building to request entry. If entry is refused, the Director of Development Services or his or her authorized representative may seek an administrative inspection warrant and shall have recourse to every remedy provided by law to secure entry." entirety. SECTION 2. Chapter 20.99 of the El Segundo Municipal Code is hereby repealed in its as follows: SECTION 3. Chapter 20.99 is hereby added to the El Segundo Municipal Code, to read Chapter 20.99 - PENALTY "20.99.010 VIOLATIONS. It shall be unlawful for any person, firm, or corporation to violate any provisions or fail to comply with any requirements of this Title. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute an infraction; except that any such violation may, at the discretion of the City Attorney, be charged and prosecuted as a misdemeanor." "20.99.020 PENALTY, INFRACTION. Any person violating provisions of this title may be deemed guilty on an infraction and upon conviction thereof shall be punishable by a fine not exceeding two hundred fifty dollars for each violation. "20.99.030 PENALTY, MISDEMEANOR. Any person violating provisions of this title may be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 1.12.010." "20.99.040 EACH DAY A SEPARATE OFFENSE. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person and shall be punishable therefore as provided for in Section 20.99.010. Any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance." 1 SECTION 4. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 6th ATTEST: City Clerk (SEAL) IRA date of February Code- Enf.Ord STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1148 is a full, true correct original of Ordinance No. 1148 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF ZONING CODES. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6th day of February, 1990 and the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Clutter, Dannen and Mayor Jacobson NOES: Councilmember West ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1148 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)