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HomeMy WebLinkAbout704ORDINANCE NO. 704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING CHAPTER 13.04 SANITARY SEWER AND INDUSTRIAL WASTE OF IRWINDALE MUNICIPAL CODE AND ADOPTING BY REFERENCE DIVISION 2 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE, AS AMENDED, PERTAINING TO SANITARY SEWER AND INDUSTRIAL WASTE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS INCLUDING INDUSTRIAL WASTE CONTROL PROGRAM FEES AND PENALTIES REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ. RECITALS A. Government Code section 50022.2 et seq, authorizes the adoption by reference of California codes and codes that adopt the California codes, including the Codes of the County of Los Angeles. B. Section 4843 of the California Health and Safety Code expressly authorizes cities to contract with any other federal, state, county, city, or public entity, for the joint acquisition, construction, and maintenance of sewer systems including the use of any sewers or facilities handling the treatment and/or disposal of industrial waste from the district area. C. On August 23, 1960, the City of Irwindale entered into an agreement with the County of Los Angeles to provide Sanitary Sewers and Industrial Waste Services. D. The City of Irwindale adopted ordinance numbers 328, 361, and 364 adopting an ordinance entitled "Sanitary Sewers and Industrial Waste" on June 30, 1978, June 7, 1982, and April 15, 1983, respectively. E. On July 25, 1994, the City of Irwindale adopted Ordinance 486, which included all amendments made by the County of Los Angeles to Division 2 of Title 20 of the Los Angeles County Code through Ordinance 89-0101, adopted on or about July 27, 1989. F. The County of Los Angeles amended Division 2 of Title 20 — Utilities of the Los Angeles County Code Section 20.36.120, Section 20.36.125, Section 20.36.220, Section 20.36.230, Section 20.36.245, 20.36.250, Section 20.36.260, Section 20.36.265, Section 20.36.270, and Section 20.36.295 on or about August 22, 2002. G. In order to ensure appropriate standards, controls, permit requirements, and fees are maintained with respect to sanitary sewers and industrial waste, the City of Irwindale desires to adopt by reference Ordinance 2002-0074 amending Division 2 of Title 20 of the Los Angeles County Code and �tltR�db Ordinance No. 704 Page 1 amend the City Sanitary Sewer and Industrial Waste Ordinance to include these said amendments. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SANITARY SEWERS AND INDUSTRIAL WASTE SECTION 1: Chapter 13.04.010 of the Irwindale Municipal Code is hereby amended to read as follows: Section 13.04.010. Adoption of code. A. There is hereby 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 the County of Los Angeles, by ordinance, up to and including Ordinance No. 2002-0074, adopted on or about August 22, 2002, a full, true and correct copy of which is on file with the city clerk 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 therefore, and fees to pay the cost of checking plans, inspecting the construction and making record plans of the facilities permitted hereunder. (Ord. 704, 2016; Ord. 486 §3(part), 1994). B. Los Angeles County Ordinance No. 2002-0074, as adopted by county of Los Angeles, is adopted in its entirety. SECTION 2: Chapter 13.04.040 of the Irwindale Municipal Code is hereby amended to read as follows: 13.04.040 — Annual review of fees. Beginning on July 1, 2016, and thereafter on each succeeding July 1st, the amount of each fee in this chapter shall be adjusted as follows: calculate the percentage movement between April of the previous year and March of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, Riverside areas, as published by the United States Government Bureau of Labor Statistics, adjust each fee by said percentage amount and round off to the nearest $1.00. Notwithstanding the foregoing, no such adjustment shall decrease any fee, and further, no fee shall exceed the reasonable cost of providing the services for which the fee is collected. (Ord. 704, 2016). Ordinance No. 704 Page 2 SECTION 3: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2002-0074, has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2002-0074. SECTION 4. Full Force and Effect. Except as expressly amended herein, all other subsections of Chapter 13.04 of the Irwindale Municipal Code shall be unchanged and in full force and effect. SECTION 5: Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of general circulation in the City of Irwindale, and this Ordinance shall tike t 30 days after its passage. n- d�I Mark 4. Breceda, Mayor ATT ST:: Meto, CMC putyCity Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, California, DO HEREBY CERTIFY that the foregoing Ordinance was introduced for first reading on August 10, 2016 and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on August 24, 2016, and was carried by the following -roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: I Councilmembers: Ambriz, Burrola, Ortiz, Mayor Breceda None Garcia None 4UM - La ra M. Nieto, CMC puty City Clerk Ordinance No. 704 Page 3 AFFIDAVIT OF POSTING 704, a copy of ordinance No, u ust that I caused ular meeting held A 9 City Clerk, certify 2016. Nieto, Deputy City of Irwin d Post Off ce on September 1, 1, Laura M the City Council of the Library, ql1 /16 adopted by posted at the City Dated: �- 24, �Q16, to be p City Clerk