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ORDINANCE NO. 486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE AMENDING CHAPTER 13.04 OF THE
IRWINDALE MUNICIPAL CODE AND ADOPTING, BY
REFERENCE, DIVISION 2 OF TITLE 20 OF THE
LOS ANGELES COUNTY CODE, AS AMENDED, PERTAIN
TO SANITARY SEWERS AND INDUSTRIAL WASTE,
TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS
AND DELETIONS INCLUDING FEES AND PENALTIES.
A. Recitals.
(i) On July 27, 1989, the Board of Supervisors of the
County of Los Angeles adopted its Ordinance No. 89-0101, thereby
amending Division 2 of Title 20 of the Los Angeles County Code
pertaining to sanitary sewers and industrial waste.
r"', (ii) In order to ensure appropriate standards,
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controls, permit requirements and fees are maintained with
respect to sanitary sewers and industrial waste, the City of
Irwindale desires to adopt said Division 2 of Title 20 of the Los
Angeles County Code as the City Sanitary Sewer and Industrial
Waste Ordinance.
(iii) Article 2 of Chapter 1 of Part 1 of Division 1
of Title 5 of the California Government Code (§ 50020, et seq.)
authorizes cities to adopt, by reference, county ordinances.
(iv) A full, true and correct copy of Division 2 of
Title 20 of the Los Angeles County Code, as adopted by the Board
of Supervisors by its Ordinance No. 89-0101, has been filed in
the office of the City Clerk of the City of Irwindale in
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accordance with the provisions of California Government Code §
50022.6.
(v) A duly noticed public hearing, as required by
California Government Code § 50022.3, has been conducted and was
concluded prior to the adoption of this Ordinance.
(vi) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of
Irwindale does hereby find, determine and ordain as follows:
section 1.
In all respects as set forth in the Recitals, Part A,
lam*1, of this Ordinance.
Section 2.
Chapter 13.04 of Title 13 of the Irwindale Municipal
Code hereby is repealed, provided that said repeal shall not
apply to or excuse any violation thereof occurring prior to the
effective date of this Ordinance and provided further that
Division 2 of Title 20 of the Los Angeles County Code, as
heretofore adopted by reference, shall continue to be applicable
to any enforcement action or prosecution, whether civil or
criminal, commenced prior to the effective date of this
Ordinance, which pertains to said Division 2 of Title 20 of the
Los Angeles County Code.
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section 3.
A new Chapter 13.04 hereby is added to Title 13 of the
Irwindale Municipal Code to read, in words and figures, as
follows:
"Chapter 13.04
"SANITARY SEWER A" INDUSTRIAL WASTE ORDINANCE
"sections:
"13.04.010 Code adopted --Copy on file.
1113.04.020 Definitions.
1113.04.030 Required connections.
"13.04.040 Amendment of fee schedules.
"13.04.050 Section 20.24.160 of Division
of Title 20 deleted.
"13.04.010 Code adopted --Copy on file. There
is adopted as the City Sanitary Sewer and Industrial
Waste Ordinance, except as provided in this Chapter,
that certain sanitary sewer and industrial waste
ordinance known and designated as Division 2 of Title 20
of the Los Angeles County Code, including all changes
made by said County of Los Angeles, by ordinance, up to
and including Ordinance No. 89-0101, adopted on or about
July 27, 1989, a full, true and correct copy of which
is on file with the City Clerk of the City of Irwindale
for use and examination by the public. Said Division 2
of Title 20 shall be and become the Sanitary Sewer and
Industrial Waste ordinance of the City, regulating the
discharge, deposit and disposal of all waste, including
any material which may cause pollution of underground or
surface waters, in, upon or affecting the City; the
design, construction, alteration, use and maintenance of
public sewers and house laterals, industrial connection
sewers, water pollution control plants, sewage pumping
plants, industrial liquid -waste pretreatment plants,
dairy screen -chambers, sand and grease interceptors, and
appurtenances; the issuance of permits and the
collection of fees therefor, and fees to pay the cost of
checking plans, inspecting the construction and making
record plans of the facilities permitted hereunder.
1113.04.020 Definitions. whenever any of the
following terms are utilized in Division 2 of Title 20
of the Los Angeles County Code as adopted in this
Chapter, said terms shall have the following meanings
P'`
ascribed to them except when the circumstance requires
or permits such terms to be construed with respect to
the meanings ascribed to them as contained in Chapter
20.20 of Division 2 of Title 20 of said Los Angeles
County Code:
"(a) 'Unincorporated areas of the County
of Los Angeles' shall be deemed to include in its true
geographical location the entirety of the corporate
limits of the City of Irwindale as the same presently
exist or as may be modified from time to time hereafter.
"(b) 'Board' means the City Council of
the City of Irwindale.
"(c) 'County engineer' means the City
Engineer.
"(d) 'County health officer' means the
City Health Officer.
"(e) 'County of Los Angeles' means the
City of Irwindale.
"(f) 'County sewer maintenance district'
means the County sewer maintenance district except where
the territory concerned either is not within or has been
withdrawn from a County maintenance district. In such
circumstance, the term 'County sewer maintenance
district' shall mean the City of Irwindale.
"(g) 'Ordinance' means an ordinance of
the City of Irwindale.
"(h) 'Public sewer' means all sanitary
sewers and appurtenances thereto, lying within streets
or easements dedicated to the City of Irwindale, which
are under the sole jurisdiction of the City.
"(i) 'Trunk sewer' means a sewer under
the jurisdiction of a public entity other than the City
of Irwindale.
"13.04.030 Required connections.
"Notwithstanding any other provision of the
Code adopted hereby, it shall be unlawful for any person
to make, or cause to be made, any connection with any
cesspool, septic tank, or place for depositing sewage
other than connections with and to sewage disposal lines
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within the City. Any such connection shall be subject
to inspection, permitting, and such other regulation by
the City as provided in the Code adopted hereby.
"Connection to sewage disposal lines within
the City shall be made, upon order of the City Engineer,
if and when the property or place to be connected,
fronts upon, or is located within two hundred (200) feet
of a constructed, completed and accepted City main line
sewer.
"Following the construction, completion and
acceptance of a City main line sewer upon which the
property fronts or is within two hundred (200) feet
thereof, no person shall continue to use any cesspool,
septic tank, or place where sewage has been or is being
deposited after the expiration of one hundred twenty
(120) days from service of notice by the City Engineer
to connect to such City main line sewer. Before the
expiration of such time, any building or structure
subject to the provisions of the Code adopted hereby,
shall be connected to such City main line sewer,
following inspection and the obtaining of a permit, as
required by the Code adopted hereby. Any and all
�. cesspools, septic tanks, or places for depositing sewage
other than a City main line sewer, the use of any of
which has been discontinued, shall be removed or
abandoned in accordance with provisions of the Code
adopted hereby and/or the Irwindale Municipal Code.
"This section shall not apply to property, as
existing on the effective date of this ordinance, which
consists of four (4) dwelling units or fewer.
"13.04.040 Amendment of fee schedules. The fee
schedules adopted by Section 13.04.010 of this Chapter
may be amended from time to time by resolution of the
City Council of the City of Irwindale.
"13.04.050 Section 20.24.160 of Division 2 of
Title X20 deleted. Section 20.24.160 of Division 2 of
Title 20 is hereby deleted."
SeCtion 4.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision or to fail to comply with
'^ any of the requirements of this ordinance or the Chapter or code
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adopted hereby. Any person, firm, partnership, or corporation
violating any provision of this Ordinance or the Chapter or code
adopted hereby or failing to comply with any of their
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding Five
Hundred Dollars ($500.00) or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each such
person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of
this Ordinance or the Chapter or code adopted hereby is
committed, continued or permitted by such person, firm,
eo"n partnership, or corporation, and shall be deemed punishable
therefor as provided in this Ordinance.
section 5.
A violation of any of the provisions of this Ordinance
or the Chapter or code adopted hereby shall constitute a nuisance
and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any
other manner provided by law for the abatement of such nuisance.
Section 6.
The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance or of
Division 2 of Title 20 of the Los Angeles County Code as adopted
by this Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason
C:
id
of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences, and words of this Ordinance and
Division 2 of Title 20 of the Los Angeles County Code as adopted
by this Ordinance shall remain in full force and effect.
Section 7.
This Ordinance shall become effective thirty (30) days
after the final passage thereof.
Ordinance.
section e.
The City Clerk shall certify to the adoption of this
PASSED this 25th day of
July , 1994.
4,& ,f-. `'v t --
Mayor
I, DAVID A. CARETTO, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Irwindale held on the 14th day of July , 1994, and was
finally passed at a regular meeting of the Council of the City of
Irwindale held on the 25th day of July , 1994, by the
following vote:
AYES: COUNCIL MEMBERS: Tapia, J., Chavez, R., Miranda, P.,
Breceda, J., and Miranda, J.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST.
City Clerk of the CM of i win e
L%102110ADSANT\I 1.4 7