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Ordinance No. 58 l ORDINANCE NO. 58 \ / 41Ik AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADDING CHAPTER 4.04, "REMOVAL OF ENCROACHMENTS FROM PUBLIC OPEN SPACE, " AND AMENDING CHAPTER 6. 14, "NUISANCES, GENERAL, " OF THE CHINO HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 4. 04 is hereby added to the Chino Hills Municipal Code to read as follows: "Chapter 4. 04 . REMOVAL OF ENCROACHMENTS FROM PUBLIC OPEN SPACE Sections: 4 .04. 010 Definitions. 4 . 04 . 012 Exceptions. 4 . 04 . 014 Acts Prohibited. 4 . 04 . 018 Removal of Encroachment. • 4 . 04 . 020 Standards on Supervision and Inspection. 4. 04 . 022 Penalty. 4. 04 . 024 Declaration of Nuisance 4. 04. 010 Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings set forth below. (a) 'Public Open Space' means all land or interest in land which by deed, conveyance, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for open space purposes. (b) 'Encroach' means going on, over, or under, or using public open space in a manner which prevents, obstructs, or interferes with the normal use of that public open space, including the performance of any of the following acts: (1) Excavating, altering, or disturbing the soil in public open space; (2) Erecting or maintaining a post, sign, pole, or fence on, over, or under the public open space; 11 77031234.3 6/7/94 (3) Planting a tree, shrub, grass, or other J growing thing within the public open space; (4) Placing, leaving, or burying on the public open space any rubbish, brush, earth, or other material; (5) Constructing, placing, or maintaining on, over, under, or within the public open space a pathway, sidewalk, driveway, or other surfacing, a culvert or other surface drainage or subsurface drainage facility; or a pipe, conduit, or cable; (6) Traveling on the public open space by any vehicle or combination of vehicles of any dimension, weight, or other characteristic prohibited by law without a permit; (7) Lighting or building a fire within the public open space; (8) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public open space which causes or will 411 cause an encroachment; (9) Dumping, storing, or burying any equipment or vehicle in the public open space; (10) Constructing, placing, or maintaining on, over, or within the public open space an improvement or structure of any kind, including walls, decks, animal feeders, tree houses, pool equipment, water lines, septic systems, or pumps; (11) Increasing the flow of drainage water into the public open space; (12) Pruning, spraying, trimming, or removing any existing plant material within the public open space; (13) Constructing, placing, or maintaining on, over, or within the public open space any type of animal husbandry activity, including pens, cages, stakes, runs, shearing, grooming, or slaughtering; 411 77031234.3 2 6/7/94 III (14) Constructing, placing, or maintaining on, over, or within the public open space any recreational improvements including horseshoe pits, archery targets, volleyball, or basketball courts. (c) 'Violator' means any person who has encroached on the public open space in violation of this Chapter. 4.04.012 Exceptions. This Section does not apply to an officer, employee, agent, or contractor of the City in the discharge of his/her/their duties. 4.04. 014 Acts Prohibited. It shall be unlawful and subject to punishment in accordance with Section 4.04. 024 of this Code for any person to encroach within, on, over, or under the limits of the public open space. 4. 04 . 016 Restoring of Public Open Space. When required by the City, the violator shall replace, and restore the public open space as provided in this Chapter or as directed by the City at his/her/their sole expense. The violator shall remove all obstructions and material placed on the public open space and shall do any other work necessary to restore the public open space to a safe and usable condition. On notice from the City, the violator shall immediately repair any damage or nuisance in the public open space resulting from the encroachment. If the violator fails to act promptly or if repairs or replacement are necessary before the violator can be notified or respond to notice, the City may perform the necessary work and charge the violator the actual costs of labor and materials, plus fifteen percent (15%) as administrative costs. 4 . 04 . 018 Removal of Encroachment. The violator maintaining the encroachments shall remove them and restore the property to its former state at his/her/their sole expense. When removal and restoration is required, the City shall give the violator a written demand specifying that the encroachments must be removed from the public open space, and specifying in the demand a reasonable time within which the encroachment must be removed and the property restored. If the violator fails to comply with instructions, the City may remove the encroachment and restore the property. The violator shall be liable for all the costs incurred by the City for any removal and restoration -- including administrative costs. 4 . 04 . 020 Standards on Supervision and Inspection. All encroachment removal and restoration work shall conform to specifications established by the City and in the absence of such standards to recognized standards of construction and approved practices. • 77031234.3 3 6/7/94 • Unless otherwise noted on the notice, all encroachment removal and restoration work performed on the public open space shall conform to the construction specifications contained in the current edition of the Standard Specifications adopted by the City and applicable to the type and location of the restorative work involved. 4 . 04. 022 Penalty. Any person or persons who shall violate any of the provisions of this Chapter shall be guilty of an offense, chargeable as an infraction or a misdemeanor at City's discretion and subject to punishment in accordance with Section 1. 01. 200, et seq. of this Code. Each and every day during any portion of which the provisions of this Chapter are violated, shall constitute a separate offense and may be punished accordingly. 4. 04 . 024 Declaration of Nuisance. The maintenance of an encroachment in the public open space or upon public property in violation of this Chapter is a public nuisance and may be abated pursuant to Sections 1.01.240 and 1.01.250 and/or Chapter 6. 14 of this Code. " SECTION 2. Chapter 6. 14, "Nuisances, General, " of the Chino Hills Municipal Code is hereby amended to read as follows: "Chapter 6. 14 • NUISANCES, GENERAL Articles: Article 1 Public Nuisance Article 2 Graffiti Article 3 Abandoned Vehicles Article 4 Violations • 77031234.3 4 6/7/94 Article 1 - Public Nuisance 4111 Sections: 6. 14. 001 Purpose. 6. 14. 002 Public Nuisances Designated. 6. 14. 003 Commencement of Abatement Proceeding. 6. 14. 004 Voluntary Abatement of Nuisances. 6. 14. 005 Involuntary Abatement. 6. 14. 006 Form of Notice. 6. 14. 007 Hearing. 6. 14. 008 Order of Abatement. 6. 14. 009 Appeal. 6. 14. 010 Abatement of Nuisance by City. 6. 14. 011 Cost Accounting; Notification. 6. 14 . 012 Assessment Lien. 6. 14 . 013 Owner's Responsibility. 6. 14 . 014 Alternate Actions. 6. 14. 001 Purposes. (a) In order to further the stated goals of the City of Chino Hills and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the City Council has determined that this Chapter • pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Chino Hills. (b) It is the intention of the City Council, in adopting the Chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed. (c) It is the purpose of this Chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the City of Chino Hills, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. 77031234.3 5 6/7/94 III (d) It is the purpose of this Chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. (e) It is the purpose of this Chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. (f) In addition to the abatement procedures provided herein, this Chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor. (g) This Chapter is not intended to enforce Conditions, Covenants, and Restrictions ( 'CC&R's' ) on property, nor to supersede them. This Chapter will be enforced uniformly within the City regardless of CC&R's. Therefore, this Chapter does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this Chapter. 6. 14.002 Public Nuisances Designated. It shall be unlawful and it is hereby declared to be a public nuisance for any person • owning, leasing, occupying, or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other property within the City of Chino Hills, to maintain such property in such a manner that any of the following conditions are found to exist thereon: (a) Any violation of any Section of the City of Chino Hills Ordinance Nos. 91-01 and 92-02, which adopted by reference portions of the San Bernardino County Code ( 'San Bernardino County Code' ) and other relevant non-codified San Bernardino County Ordinances and Resolutions including, but not limited to: (1) Division 2 ; Division 3, Chapter 3; Division 4, Chapters 2 and 5; Division 5; Division 6; and Division 7, Chapters 3, 5, 6, 7, and 11 of Title 2 of the San Bernardino County Code relating to Public Morals, Safety, and Welfare; (2) Divisions 1, 3, 4 and 7, of Title 3 of the San Bernardino County Code relating to Health and Sanitation; (3) Title 4 of the San Bernardino County Code relating to businesses and special licenses; • 77031234.3 6 6/7/94 • (4) Title 8 of the San Bernardino County Code relating to Planning; including zoning restrictions related to structures on property, sign restrictions, site development standards, and parking standards; (b) Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties; (c) Buildings or structures which are partially destroyed, abandoned, or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the issuance of a building permit; (d) The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures; (e) Painted buildings and walls, retaining walls, fences or structures that require re-painting, or buildings, walls, fences, • or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation; (f) Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four (24) hours; (g) Broken windows; (h) Overgrown, dead, decayed, or hazardous vegetation which: (1) May harbor rats, vermin, or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; or (4) Creates a danger or attractive nuisance to the public; • 77031234.3 7 6/7/94 • (i) Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, or no longer viable; (j ) The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas; (k) Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property; (1) Deteriorated parking lots, including those containing pot holes, or cracks; (m) Abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, debris, or vegetation which may reasonably attract children to such abandoned or neglected conditions; • (n) (1) Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. (2) 'Commercial vehicle, ' for the purposes of this Section, shall be defined as any motorized or non- motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying, or having charge of any such vehicle, shall be excluded from the provisions of this subsection; (o) Temporary service bins (construction debris storage bins) used, stored, or placed in violation of Chapter 16. 14 of this Code; (p) Refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled • 77031234.3 8 6/7/94 • for collection, in accordance with Title 16 of this Code; (q) Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property; (r) Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; (s) Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; (t) Any violation of Chapter 4. 04 of this Code pertaining to encroachments into public open space; (u) Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this Code; (v) Any habitation which is overcrowded, as defined by State • law or local ordinance or Uniform Housing Code, as adopted by the City, or which lacks adequate ventilation, sanitation, or plumbing facilities, or which constitutes a fire hazard; (w) (1) Except where construction is occurring under a valid permit, the dumping of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other then property designated or set aside for that purpose by the governing board or body having charge of that property. (2) Except where construction is occurring under a valid permit, any placing, depositing, or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over • 77031234.3 9 6/7/94 • the highway, road, or property; (x) Any other condition declared by any State, County, or City statute, code, or regulation to be a public nuisance; (y) The parking of vehicles on private property in violation of the applicable zoning regulations for the property on which such vehicles are parked; (z) The use or maintenance of regenerating ion-exchange water conditions or water softening equipment in violation of Chapter 15. 04 of this Code; (aa) Rooftop storage; and, (bb) Street vendors selling products in violation of any State, County, or City statute, code, or regulation. 6. 14. 003 Commencement of Abatement Proceedings. Whenever the Director of Community Development (hereinafter 'Director' ) or his/her duly authorized agent or representative reasonably believes a public nuisance exists, he/she may commence abatement proceedings. The Director shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance. • (a) The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this Section and the violations(s) of the Municipal Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within a minimum of seven (7) calendar days and a maximum of thirty (30) calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this Section. (b) The notice shall be served on the owner or his/her agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this Chapter. (c) Failure of any person to receive a notice shall not affect the validity of any proceedings under this Chapter. 6. 14 . 004 Voluntary Abatement of Public Nuisances. The owner, lease holder, tenant, or occupant having charge of any building, • 77031234.3 1 0 6/7/94 III structure, or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal, or demolition. The Director/Designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. 6. 14.005 Involuntary Abatement. Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether said building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven (7) days written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building, or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other legal interest of record of the building or structure, or the land on which it is located. • (a) The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance. (b) The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. (c) The failure of any person to receive this notice shall not affect the validity of any proceedings under this Chapter. (d) Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated. • 77031234.3 1 1 6/7/94 • 6. 14 . 006 Form of Notice. The notice given shall be provided in substantially the following format: 'NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE A hearing will be held at City Hall, 2001 Grand Avenue, Chino Hills, before the City of Chino Hills Hearing Officer, to determine whether the premises at constitutes a public nuisance. The conditions asserted to constitute a public nuisance include the following: A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing: • If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five (5) days after the hearing officer's determination: If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien against the property until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (909) 590-1511 for questions regarding this notice. ' 6. 14 . 007 Hearing. (a) The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be determined by Resolution by the City Council. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to 111 77031234.3 1 2 6/7/94 • administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093 (a) . (b) At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable Staff Reports. He/she shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this Chapter exists. 6. 14 . 008 Order of Abatement. (a) The decision of the hearing officer shall be final and conclusive in the absence of appeal as provided in this Chapter. (b) The hearing officer shall, within five (5) working days, mail a copy of the written notice of decision by certified or registered mail to the owner, by regular first-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting the same. In the event such registered or certified mail is refused or unclaimed, the hearing officer shall mail the same by regular first-class mail • which such mailing being deemed actual service of the notice of decision. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement. (c) Where an appeal is filed as provided in this Chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this Chapter. 6. 14 . 009 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the City Clerk within five (5) days of the date of the order and by paying the appeal fee set by Resolution of the City Council. The notice of appeal shall specify: (a) A description of the property; (b) The abatement proceedings appealed; (c) The owner or appealing party's, legal or equitable • 77031234.3 1 3 6/7/94 • interest in the property; (d) A statement of disputed and undisputed facts; (e) A statement specifying which portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and, (f) A verification of the truth of all matters asserted. Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular meeting agenda of the City Council at which the matter may lawfully be heard; however, in no case shall the appeal hearing be less than five (5) business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. Said notice shall be sent in the same manner as notice of the hearing officer's order. The City Council may limit the issues on appeal to those in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer's order was sent as well as to all persons requesting such • notice, in writing, at the time the appeal is heard. 6. 14. 010 Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer's order, or in the City Council 's determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer and/or City Council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The City Manager may grant an extension of time to abate a nuisance sufficient to allow the hearing officer and/or City Council to consider an extension request. The City Manager's decision shall be based on sufficient evidence of extenuating circumstances and shall be final when made. The owner of the premises shall be liable to the City for all costs of such abatement. 6. 14.011 Cost Accounting; Notification. City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, • 77031234.3 1 4 6/7/94 III or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term ' incidental expenses' includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this Chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the Director. 6. 14. 012 Assessment Lien. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the Office of the County Recorder of the County of San Bernardino of a Notice of Lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the Notice of Lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner • as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The Notice of Lien for recordation shall be in a form substantially as follows: 'NOTICE OF LIEN Claim of the City of Chino Hills Pursuant to the authority vested by Chapter 6. 14 of the Chino Hills Municipal Code, the City of Chino Hills's hearing officer [City Council] did on or about the day of , 19_, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Chino Hills, did on the day of , 19_, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Chino Hills does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $ , and the same shall be a lien upon the real property until paid in full and discharged of record. • 77031234.3 1 5 6/7/94 • The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Chino Hills, County of San Bernardino, State of California, particularly described as follows: (legal description) Dated: This day of , 19_. City Manager, City of Chino Hills 6. 14 . 013 Owner Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this Chapter, shall be deemed to be the agents of the owner. 6. 14 . 014 Alternate Actions. Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, state law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. 411 Section 6.14.016 - 6. 14. 100 Reserved. • 77031234.3 1 6 6/7/94 • Article 2 - Graffiti Sections: 6. 14. 101 Graffiti Defined. 6. 14 . 102 Prohibition. 6. 14. 103 Sale and Possession of Pressurized Paint Cans. 6. 14. 104 Removal of Graffiti. 6. 14. 105 Rewards. 6. 14. 106 Alternate Actions. 6. 14. 107 Additional Penalties. 6. 14. 101 Graffiti Defined. For the purposes of this Chapter, 'graffiti ' means the unauthorized spraying of paint or marking of ink, chalk, dye, shoe polish, or other similar substances or the scratching, etching, carving, or other marking on public or private buildings, structures, or places. 6. 14 . 102 Prohibition. It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 et seq. and Section 6. 14. 107 of this Code, for any person to paint, chalk, scratch, etch, carve, mark, or otherwise apply graffiti on public or privately owned structures, fixtures, or landscaping located on public or privately owned property within the City. 6. 14. 103 Sale and Possession of Pressurized Paint Cans. The • following regulation shall apply to the sale and possession of pressurized paint cans in the City: (a) No person shall sell any pressurized can containing any substance commonly known as paint or dye or marker pens with tips exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, (hereinafter 'marker pens' ) , to anyone under the age of eighteen (18) years and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye or any marker pens. (b) No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool, or recreational facility in the City. This Section shall not apply to authorized employees of the City of Chino Hills, or an individual or authorized employee of any individual, agency, public utility, or company under contract with the City; or any individual, authorized employee, or contractor of another governmental entity while in the performance of official duties for said governmental entity within the City. (c) Every person who owns, conducts, operates, or manages a retail commercial establishment selling pressurized paint or dye or • 77031234.3 1 7 6/7/94 III selling marker pens shall store or cause to be stored such pressurized paint or dye or marker pens in a secure area not accessible to the public in the regular course of business without assistance from an employee of the establishment. Such pressurized paint or dye or marker pens shall be stored in accordance with the provisions hereof pending the legal sale or disposition of such pressurized paint or dye or marker pens. It shall be unlawful and a misdemeanor for any person to violate subsections (a) , (b) , or (c) above which shall subject the violator to punishment in accordance with Section 1. 01.200 et sea. of this Code. 6. 14 . 104 Removal of Graffiti. Graffiti may be removed by any of the following methods: (a) Any person who applies graffiti within the City shall have the duty to remove the same within twenty-four (24) hours after notice by the City or the public or private owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this Chapter. Where graffiti is applied by anyone under the age of eighteen (18) years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment therefor. (b) The City Council authorizes the Director of Public • Works/City Engineer/designee to remove graffiti or other inscribed material from any and all structures owned or maintained by the City of Chino Hills. (c) Whenever the Director of Community Development/designee ( 'Director' ) determines that graffiti is located on public or privately owned structures on public or privately owned real property within the City, so as to be capable of being viewed by a person utilizing any public right-of-way in the City, the Director/designee is authorized to provide for the removal of said graffiti at the City's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: (1) In removing the graffiti, the painting or repair of a more extensive area than necessary to remove said graffiti shall not be authorized; (2) When a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity which owns the structure; and, (3) Where a structure is privately owned, the removal of the graffiti by City or by a private contractor under the • 77031234.3 1 8 6/7/94 • direction of the City, may be authorized only after securing the consent of the owner. (d) Graffiti located on privately or publicly owned structures on privately or publicly owned real property within the City, so as to be capable of being viewed by a person utilizing any public right-of-way in the City, may be removed by the City as a public nuisance, at the owner's expense, pursuant to the following provisions: (1) Whenever the Director is apprised of the presence of graffiti located on privately owned structures on privately owned real property within the City, or when the Director is appraised of the presence of graffiti located on publicly owned structures on publicly owned real property located within the City to the extent the City has exclusive or concurrent jurisdiction over the same, the Director may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll, by depositing a copy of said notice with the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The • service is complete at the time of such deposit. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have five (5) days after the date appearing on the notice to remove the graffiti or be subject to City removal of the graffiti and assessment of the costs of such removal as a lien on the subject property; (2) The notice shall be substantially in the following form: 'NOTICE OF INTENT TO REMOVE GRAFFITI Date: NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as [street address or other location] , Chino Hills, California, within five (5) days after the date appearing on this notice. Said graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the • 77031234.3 1 9 6/7/94 pubic nuisance by removal or painting over of the 410 graffiti. The cost of the abatement by the City or its private contractors will be assessed against your property and such costs will constitute a lien upon the land until paid. All persons having any objections to, or interest in said matters are hereby notified to submit any objections or comments to the Director of Community Development for the City of Chino Hills or his/her designated representative within five (5) days from the date appearing on this notice. At the conclusion of this five (5) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice. ' The service of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk; (3) If any objections are submitted to the Director within five (5) days after the date appearing on the Notice of Intent to Remove Graffiti, the Director shall schedule a hearing on the matter, which shall follow the procedures set forth in Section 6. 14.007, 6. 14.008, and 6. 14.009 of Article 1 of this Chapter; 411 (4) The cost of abatement by the City shall be recovered pursuant to Section 6. 14.012 of Article 1 of this Chapter. 6. 14 . 105 Rewards. The City Council may, by Resolution, establish a reward for information leading to the identification, apprehension, and conviction of any person who places graffiti upon any public or private property in the City. Said Resolution may require that the convicted offender reimburse the City for any reward paid, and place responsibility for reimbursement upon the parent[s] or legal guardian[s] of any minor so convicted. 6. 14. 106 Alternate Actions. Nothing in this Article shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable Ordinances or State Law or correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth. 6. 14 . 107 Additional Penalties. (a) In addition to the penalties set for Section 1.01.200 et seq. of this Code, any person convicted of a violation of this Article shall be subject as a condition of any probation or other court ordered disposition of the conviction to two-hundred (200) 41/ 77031234.3 2 0 6/7/94 111 hours of community service at times other than the violator's school attendance hours or employment to be performed in the City of Chino Hills removing graffiti. Upon conviction of a violation of this Article, the violator shall also be subject to payment of the City's costs in abating graffiti which formed the basis of the conviction and to reimbursement of the City's costs in supervising the violator's community service. (b) In the event the violator convicted of a violation of this Article is a minor and such minor is unable to pay the fines and penalties imposed for such violation, the parent, guardian, or other responsible adult shall be liable for the payment of the fine and penalty except upon a finding of the court with good cause shown. Fines and penalties imposed herein shall be credited to the City and shall be used for the removal of graffiti. Sections 6. 14. 107 - 6. 14.200 Reserved. • • 77031234.3 2 1 6/7/94 • Article 3 - Abandoned Vehicles Sections: 6. 14 . 201 Purpose. 6. 14 .202 Exceptions. 6. 14 .203 Enforcement. 6. 14 .204 Notice of Intent to Abate and Remove. 6. 14 .205 Request for Hearing/Failure to Request Hearing -- Deemed Public Nuisance. 6. 14 .206 Hearings. 6. 14 .207 Appeal. 6. 14.208 Decision to Remove Vehicle. 6. 14 .209 Costs. 6. 14 .210 Franchises. 6. 14 .211 Notice to Department of Motor Vehicle. 6. 14 .212 Removal Required. 6. 14 .213 No City Liability. 6. 14 .214 Alternate Actions. 6. 14 .201 Purpose. In addition to and in accordance with the authority granted to the City by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, • dismantled, or inoperative vehicles or parts thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute a nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety, and general welfare of the public. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, on private or public property except as expressly permitted in this Article, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article. 6. 14.202 Exceptions. (a) This Article shall not apply to: (1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or, (2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed 411 77031234.3 2 2 6/7/94 • dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; (b) Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter. 6. 14.203 Enforcement. Except as otherwise provided in this Article, the provisions of this Article shall be administered and enforced by the Director. The Director/designee may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle and its owner and to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this Article. 6. 14.204 Notice of Intent to Abate and Remove. (a) A ten (10) day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof; • (b) For inoperable vehicles or parts thereof located on property which are: (1) zoned for agricultural use; or, (2) not improved with a residential structure containing one or more dwelling units the notice of intention shall not be required for removal of a vehicle or parts thereof which is/are inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the Director to be a public nuisance presenting an immediate threat to public health or safety; provided that, the property owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof. Prior to final disposition of such a low-valued vehicle or parts thereof for which evidence of a registration was recovered pursuant to Section 6. 14.203, the Director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or parts, and if the vehicle or parts is/are not claimed and removed within twelve (12) days after notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed; • 77031234.3 2 3 6/7/94 • (c) The notice of intention to abate shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The service is complete at the time of such deposit. (4) The notice shall be substantially in the following form: 'Notice of Intent To Abate and Remove Date: Notice Is Hereby Given that you are required at your expense to remove the vehicle identified as and located on property commonly known as , Chino Hills, California, within ten (10) days after the date appearing on the notice. Said vehicle is in such a condition to constitute a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the public nuisance by removal of the vehicle or parts thereof. The cost of the abatement incurred by the City or its private contractor will be assessed against your property and such costs will constitute a lien upon the land until paid. All persons having an interest in the property on which the vehicle or parts thereof is located and/or of the vehicle or parts thereof are hereby notified that such interested parties may request a hearing within ten (10) days of the date of this notice to be held at City Hall, 2001 Grand Avenue, Chino Hills, before a hearing officer to determine whether the vehicle or parts thereof is in such a condition to constitute a public nuisance. You may appear in person at the hearing or you may submit a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land, and the reasons for such denial, in lieu of appearing. If such a request is not received within such period, the City shall remove the vehicle or parts thereof. Call (909) 590-1511 for questions regarding this notice. ' 411 77031234.3 2 4 6/7/94 6. 14.205 Request for Hearing/Failure to Request Hearing -- Deemed Public Nuisance. . (a) A hearing shall be held before the hearing officer upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the Director within ten (10) days after the mailing of notice intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsection (a) or (b) of Section 6. 14.204. (b) If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the City shall have the authority to remove the vehicle. (c) If the owner of the land on which the vehicle or the owner of the vehicle or parts thereof fail to request a hearing within from the time provided, the vehicle shall be deemed abandoned and a public nuisance. No hearing shall be required in this instance and the notice of intent to abate and remove sent in accordance with Section 6. 145.204 shall be final. 6. 14 .206 Hearings. (a) All hearings under this Article shall be held before the hearing officer, which hearing officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial; (b) At the conclusion of the hearing the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this Article; (c) If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such 41/ 77031234.3 2 5 6/7/94 landowner; • (d) If an interested party makes a written presentation to the hearing officer, but does not appear, said party shall be notified in writing of the decision within five (5) days of such decision by the hearing officer by certified or registered mail. In the event said certified or registered mail is returned unclaimed, the notice shall be mailed by regular first-class mail postage prepaid. 6. 14 .207 Appeal. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within ten (10) days after the decision and by paying the appeal fee set by Resolution of the City Council. Such appeal shall be heard by the City Council which may affirm, amend, or reverse the order or take any other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6. 14 .206. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the City Council shall be final. 6. 14.208 Decision to Remove Vehicle. (a) An order for abatement and removal of a vehicle, made pursuant to this Article, shall include a description of the vehicle or parts thereof and the correct identification number and III license number of the vehicle, if available. (b) The hearing officer, or the City Council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or parts thereof; (c) Five (5) days after adoption of the order, five (5) days from the date of mailing of notice of the decision if such notice is required, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard; (d) After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. 6. 14.209 Costs. The hearing officer, or the City Council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner or a parcel of land pursuant 11110 77031234.3 2 6 6/7/94 . _ to this Article and are not paid within thirty (30) days of the IIIdate of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773 .5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other taxes. 6. 14.210 Franchises. When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article. 6. 14.211 Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. 6. 14.212 Removal Required. No person shall fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Article or State law where such State law is applicable. 411 6. 14 .213 No City Liability. Neither the City nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this Article. 6. 14.214 Alternate Actions. This Article is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having appropriate jurisdiction. Section 6. 14.215 - 6. 14. 300 Reserved. III77031234.3 2 7 6/7/94 0 Article 4 - Violations Sections: 6. 14 . 301 Misdemeanors. 6. 14.302 Authority to Arrest. 6. 14. 303 Citation Procedure. 6. 14 . 301 Misdemeanors. The owner, or any other person having charge or control of any building or property, real or personal, who maintains any public nuisance as defined in this Chapter or who violates any order of abatement made pursuant to this Chapter is guilty of a misdemeanor. Any unauthorized person who removes any notice or order posted as required in this Chapter is guilty of a misdemeanor. No person shall obstruct, impede, or interfere with any representative of the City engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the provisions of this Chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1.01.200 to 1.01.240 • of this Code. A criminal prosecution may be initiated without a nuisance hearing, as provided in this Chapter, or upon a violating of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed or permitted to continue. 6. 14 . 302 Authority to Arrest. In addition to any peace officer working for or on behalf of the City the following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this Chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence: (a) the City Manager; (b) the Director of Community Development and designees thereof; (c) the Building Official and duly appointed City Building Inspectors; (d) Code Enforcement Officers. • 77031234.3 2 8 6/7/94 r T 6. 14 . 303 Citation Procedure. All designated officers and 111 employees exercising their authority to arrest under this Chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et seq. of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853 . 6 et seq. of the California Penal Code. " SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and cause the same to be posted in accordance with State law. PASSED, APPROVED, AND ADOPTED this 14th day of June 19 94 . 411 -d6(Q-4419w GA1 ' G. LARSON, MAYOR ATTEST: C74.-^44- 008).c;74Cot LINDA D. RUTH, CITY CLERK APPROVED AS TO FORM: 1 f � O Gq! /G. D ASSI'J • T CITY ATTORNEY • - 77031234.3 2 9 6/7/94 S STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF CHINO HILLS ) I, LINDA D. RUTH , City Clerk of the City of Chino Hills, California, do hereby certify that the foregoing Ordinance No. 58 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of May , 19 94 , and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of June , 19 94 , by the following vote, to wit: AYES: LARSON, WICKMAN, NORTON-PERRY, AND THALMAN NOES: NONE ABSTAIN: NONE ABSENT: GRAHAM (SEAL) • - ob." CITY CLERK The foregoing is the original of Ordinance No. 58 duly passed and adopted by the Chino Hills City Council at their regular meeting held June 14, 1994. LINDA D. RUTH, CITY CLERK (SEAL) w77031234.3 3 0 6/7/94