A. Findings: The city council finds and declares as follows:
1. Section VII of article XI of the California constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. California Government Code section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.
3. California Government Code section 38772 et seq., further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.
4. Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.
B. Purpose And Intent: The purpose and intent of this article are as follows:
1. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.
2. To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.
3. To establish administrative procedures for the city's use, upon its election, to correct or abate violations of this article on real property throughout the city.
4. This article is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty toward persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. (Ord. 11-950)
A. Purpose Of Site Plan Review Process: A site plan review is a discretionary land use permit that is required for all proposed land uses that involve construction. The purpose of the site plan review process is to:
1. Ensure that construction occurs in a manner consistent with the overall goals and objectives of the general plan and the zoning code;
2. Ensure that all construction is consistent with the development standards contained in the zoning code;
3. Ensure that the proposed architectural design and treatment of construction is consistent with the design guidelines contained in the zoning code;
4. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings, and are compatible with its surroundings;
5. Ensure that the site design and layout is consistent with all parking standards as well as requirements for vehicular and pedestrian safety, ingress, and egress;
6. Allow all city departments the opportunity to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare are maintained.
B. Construction Defined: For the purpose of this part, the term "construction" shall mean any and all of the following:
1. Construction, expansion or renovation of any new or existing residential, commercial, industrial or institutional uses or structures.
2. Construction, expansion or renovation of any new or existing additions, buildings, other accessory structures, landscaping, grading, open space, signs or similar constructions.
3. Site design and layout. (Ord. 13-980)
| Type Of Use |
Percent Of Total Required Parking Devoted To Employees |
| Commercial | 30 percent |
| Office/professional | 85 percent |
| Industrial/manufacturing | 90 percent |
A. Principal uses:
Any use permitted in the M-1 zone.
Alcohol manufacture.
Ammonia, bleaching powder or chlorine manufacture.
Boiler works.
Breweries.
Brick, tile, cement block or terra cotta manufacture.
Concrete and concrete products manufacture.
Electric generating station and attendant microwave equipment.
Gas manufacture or storage.
Iron, steel, brass or copper fabrication plants.
Lamp black manufacture.
Oil cloth or linoleum manufacture.
Paint, oil, shellac, turpentine or varnish manufacture.
Petroleum, or its fluid products, wholesale storage of.
Roofing material manufacture.
Soda and compound manufacture.
Stove or shoe polish manufacture.
Wool pulling or scouring.
B. Accessory uses:
Accessory buildings and structures. (1960 Code)
A. Notwithstanding any provision of this code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of this code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time provided in any written notice to a responsible person, then the city, in its sole discretion, may record a declaration of substandard property with the Los Angeles County recorder's office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.
B. A declaration of substandard property shall not be recorded unless the city has first issued a written notice (in any form) to the owner of real property: 1) identifying and requiring correction of a public nuisance condition; and 2) disclosing that a declaration of substandard property may be recorded against the real property if the public nuisance condition(s) is/are not fully abated or corrected in the manner and time delineated in said notice, as determined by the city.
1. If the notice required pursuant to this subsection B was comprised of a "notice of abatement" as defined in this article or of an administrative citation issued pursuant to title 1, chapter 4 of this code, a declaration of substandard property shall not be recorded unless the notice of abatement and/or administrative citation is deemed a final and binding city decision.
C. The form that constitutes a declaration of substandard property shall be approved by the city attorney or the city prosecutor.
D. The city shall record a notice of rescission of declaration of substandard property with the Los Angeles County recorder's office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.
E. The city shall cause copies of recorded declarations of substandard property and notices of rescission of declaration of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County assessor's office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this article. (Ord. 11-950)
A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR section 122.2 (40 CFR section 122.26(b)(8)) (order no. R4-2012-0175).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA section 307, 402, 318, and 405. The term includes an "approved program" (order no. R4-2012-0175).
NATURAL DRAINAGE SYSTEM: A drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (order no. R4-2012-0175).
NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (order no. R4-2012-0175).
NONSTORMWATER DISCHARGE: Any discharge to a municipal storm drain system that is not composed entirely of stormwater (order no. R4-2012-0175).
OUTFALL: A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United States and are used to convey waters of the United States (40 CFR section 122.26(b)(9)) (order no. R4-2012-0175).
PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty five (25) or more parking spaces (order no. R4-2012-0175).
POLLUTANT: Any "pollutant" defined in section 502(6) of the federal clean water act or incorporated into the California Water Code section 13373 (order no. R4-2012-0175).
PROJECT: All development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA3 (order no. R4-2012-0175).
RAINFALL HARVEST AND USE: An LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or nonpotable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (order no. R4-2012-0175).
RECEIVING WATER: "Water of the United States" into which waste and/or pollutants are or may be discharged (order no. R4-2012-0175).
REDEVELOPMENT: Land disturbing activity that results in the creation, addition, or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (order no. R4-2012-0175).
REGIONAL BOARD: The California regional water quality control board, Los Angeles region.
RESTAURANT: A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812) (order no. R4-2012-0175).
RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils (order no. R4-2012-0175).
ROUTINE MAINTENANCE: Includes, but is not limited to, projects conducted to:
A. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
C. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.
D. Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. Updating existing lines includes replacing existing lines with new materials or pipes.
E. Repair leaks.
Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (order no. R4-2012-0175).
SIGNIFICANT ECOLOGICAL AREAS (SEAs): An area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County general plan. Areas are designated as SEAs, if they possess one or more of the following criteria:
A. The habitat of rare, endangered, and threatened plant and animal species.
B. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.
C. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.
D. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.
E. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.
F. Areas important as game species habitat or as fisheries.
G. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.
H. Special areas (order no. R4-2012-0175).
SITE: Land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (order no. R4-2012-0175).
STORM DRAIN SYSTEM: Any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.
STORM WATER OR STORMWATER: Runoff and drainage related to precipitation events (pursuant to 40 CFR section 122.26(b)(13); 55 fed. reg. 47990, 47995 (November 16, 1990)).
URBAN RUNOFF: Surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water. (Ord. 13-979)
A. Any person aggrieved by the decision of the director of housing and neighborhood development may appeal the decision to the housing advisory and appeals board (HAAB) by filing a notice with HAAB within seven (7) days of the director of housing and neighborhood development's decision. The notice shall specify the basis for the appeal.
B. An HAAB panel of at least three (3) HAAB members shall schedule a hearing not less than seven (7) days after the notice of appeal nor more than fourteen (14) days after the notice.
C. HAAB shall notify the applicant and any appellant of the hearing and, at the hearing, shall take testimony and evidence.
D. HAAB shall sustain the decision of the director of housing and neighborhood development unless HAAB finds that the director of housing and neighborhood development has failed to comply with the provisions of this article.
E. Any person aggrieved by any decision of HAAB under this article may appeal such decision to the mayor within seven (7) days of HAAB's decision. The appeal shall specify any objection to HAAB's decision.
F. The mayor, or the mayor's designated hearing officer, shall not take any additional evidence and shall consider the appeal only on the basis of the material presented to HAAB.
G. The mayor, or the mayor's designated hearing officer, shall sustain the decision of HAAB, unless it appears that the decision of HAAB is not supported by any competent evidence or is arbitrary or capricious. If the mayor or the mayor's designated hearing officer does not reverse or otherwise modify the HAAB decision within seven (7) days after the matter is submitted, the HAAB decision shall be sustained. (Ord. 27-00 § 12, 2000: Ord. 80-94 § 2, 1994)
A. All openings in the structure on the first two (2) floors, other openings easily accessible from the ground, and openings with broken glass, shall be secured either by erecting a single one-half inch (1/2") thick layer of plywood sheathing, or exterior grade chipboard, covering over all exterior openings, overlapping the opening on every edge by three inches (3"), nailed along the edges by eightpenny common nails spaced every six inches (6");
B. Alternately, the openings may be secured by conventional wood frame construction. The frames shall use wood studs of a size not less than two inches by four inches (2" x 4") (nominal dimension) placed not more than twenty four inches (24") apart on center. The frame stud shall have the four inch (4") sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with plywood or chipboard sheathing of at least one-half inch (1/2") thickness or equivalent lumber nailed over the opening by using eightpenny common nails spaced every six inches (6") on the outside edges and every twelve inches (12") along intermediate stud supports;
C. All coverings shall be painted with the same color as the building or its trim; and
D. Exterior doors shall be secured by a strong nonglass door adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening described in subsection A or B of this section or successor sections. (Ord. 80-94 § 2, 1994)
A. The following retail uses may be conducted provided the same involve the sale of new products at retail and are conducted entirely within an enclosed building:
Appliances.
Art stores.
Bakery and confectionery shops.
Bicycle stores, unmotorized cycles only.
Book or stationery stores.
Camera shops.
Clothing and millinery stores.
Computers and video equipment.
Department stores.
Drugstores and prescription pharmacies.
Fabric stores.
Florist shops.
Furniture and home furnishings stores.
Hardware stores.
Hobby and gift shops.
Jewelry stores.
Luggage and leather goods stores.
Music stores.
Paint stores.
Pet supplies.
Radio and TV stores.
Restaurants (CUP required).
Shoe stores.
Sporting goods stores.
Tobacco stores.
Toy stores.
Trophies and awards.
Video rentals.
Other retail sales uses as the planning commission and city council may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.
B. The following uses are permitted provided, however, that they shall not be located on the ground or main floor of the building:
Any use permitted in the C-1 and also the C-2 zone of the city as provided in section 9-1N-30 of this article.
C. If approval is granted by the planning commission or city council:
1. Sales of other than new products or other than retail may be permitted when conducted in a manner secondary and necessarily incident to a new product retail trade.
2. Services, lessons or demonstrations conducted incident to a permitted use may be permitted.
3. Products may be made and services rendered if entirely incidental to a permitted retail sale of new products. (1960 Code; amd. Ord. 83-533; Ord. 83-543; Ord. 86-589)
A. The district may adopt charges and fees which may include:
1. Fees for reimbursement of costs of setting up and operating the district pretreatment program.
2. Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial users.
3. Fees for reviewing accidental discharge procedures and construction.
4. Fees for permit applications, including the cost of processing such applications.
5. Fees for any hearings or for filing appeals.
6. Fees for consistent removal by the district of pollutants otherwise subject to federal pretreatment standards.
7. Other fees as the district may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the district.
B. There shall be a schedule, known as appendix C attached to the ordinance codified herein, setting forth a complete description of the charges assessed by the district as provided herein, which schedule may be amended from time to time by resolution. (Ord. 12-08-09.35, 12-8-2009)
A. The following industrial users are required to apply for a wastewater contribution permit:
1. Any significant industrial user;
2. Any user required by state pretreatment requirements to obtain a permit;
3. Any user providing pretreatment; and
4. Any other user directed by the POTW to apply for a permit.
B. Existing users required to obtain a permit by subsection A of this section must apply for a wastewater contribution permit within ninety (90) days of the effective date hereof.
C. New sources required to obtain a permit by subsection A of this section must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.
D. Any user not required to obtain a permit for existing discharges must apply for and receive a wastewater contribution permit prior to changing the user's discharge in such a manner that the resulting discharge would require a permit. (Ord. 12-08-09.35, 12-8-2009)
A. To establish uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems owned and operated by the municipality and the district and to enable the district to comply with applicable state and federal laws and the general pretreatment regulations (40 CFR part 403).
B. To prevent the introduction of pollutants into the municipality's wastewater system which will:
1. Interfere with the operation of the municipality and district systems;
2. Cause the district treatment plant to violate its NPDES discharge permit;
3. Contaminate the sludge;
4. Pass through the systems, inadequately treated, into receiving waters or the atmosphere;
5. Pose a health threat to sewer workers; or
6. Be otherwise incompatible with the systems.
C. To improve the opportunity to recycle and reclaim wastewaters and sludges from the systems; and
D. To provide for equitable distribution of the cost of the wastewater system. (Ord. 12-08-09.35, 12-8-2009)
| BOD | Biochemical oxygen demand |
| CFR | Code of federal regulations |
| COD | Chemical oxygen demand |
| EPA | Environmental protection agency |
| l | Liter |
| mg | Milligrams |
| mg/l | Milligrams per liter |
| NPDES | National pollutant discharge elimination system |
| POTW | Publicly owned treatment works |
| SIC | Standard industrial classification |
| SWDA | Solid waste disposal act, 42 USC 6901 et seq. |
| TSS | Total suspended solids |
| USC | United States Code |
A. That certain traffic code entitled "vehicles and traffic" and codified as title 15 of the Los Angeles County code, enacted and in effect as of December 1, 1983, three (3) copies of which are on file in the office of the city clerk, is hereby adopted by reference and shall be known as the traffic code of the city of Temple City.
B. There shall be deleted from said adopted traffic code, the following:
1. Chapter 15.84 which is hereby readopted as sections 3-3B-0 and 3-3B-1 of the Temple City municipal code.
2. Chapters 15.88, 15.92, 15.96 and 15.100.
3. To the extent that any of the following sections of former county ordinance 6544 are repeated in title 15, the same are deleted: 2103, 2501, 2502, 3204, 3211, 3211.1, 3212, 3212.1, 3212.2, 3213 and 5006 and chapters VI, VIII, IX, X and XI. (1960 Code; amd. Ord. 83-545)
A. Principal uses:
Community care facility/small.
Modular homes shall not be permitted in the R-2 zone district.
Multiple-family dwelling units shall be permitted as long as a minimum of three thousand six hundred (3,600) square feet of lot area is available per dwelling unit.
Single-family detached dwelling units or two-family (duplex type) structures at a ratio not to exceed one dwelling unit for each three thousand six hundred (3,600) square feet of lot area provided that any multiple-family residential project with more than four (4) dwelling units shall consist solely of detached, as opposed to attached, dwelling units, except for R-2 zoned parcels with street frontage on Rosemead Boulevard.
Single-family dwellings shall be permitted, provided:
1. That for such use the regulations contained in part 1, "Zone R-1", of this article shall apply to the exclusion of the regulations hereinafter set forth; and
2. That when an R-2 zoned lot is improved with an R-1 use, after September 15, 1989, no other uses shall be permitted thereon. Prior to issuance of a building permit for a single-family (R-1) use to be built to applicable R-1 development standards, a deed restriction, covenant or comparable legal instrument, approved as to form by the City Attorney, shall be recorded with the County Recorder's Office indicating all pertinent restrictions and limitations so as to assure the continued use of the property for R-1 purposes.
3. Accessory dwelling units are permitted as set forth in section 9-1T-10 of this chapter.
Supportive housing.
Transitional housing. (1960 Code; amd. Ord. 89-654; Ord. 92-722; Ord. 98-818; Ord. 03-888; Ord. 13-972; Ord. 17-1022)
B. Accessory uses:
Accessory buildings or structures.
Animals:
1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to, inflict harm or discomfort to or upon any persons; and
a. If there is only one residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) such units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one household pet per unit.
2. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and
3. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and
4. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and
Daycare home, large family, subject to guidelines as contained in section 9-1T-6 of this chapter.
Daycare home, small family.
Home occupation, subject to limitations contained in section 9-1A-9, "Definitions", of this chapter.
Off street parking spaces, accessory for principal R-2 uses.
Open spaces.
Renting of not more than two (2) rooms to not more than four (4) roomers, or the providing of table board to not more than four (4) such persons or any combination thereof in any residence; provided that there shall be required an additional off street parking space for each such roomer.
Storage of building materials during the construction of any building or part thereof, and for a period of thirty (30) days after construction is completed. (1960 Code; amd. Ord. 90-679; Ord. 92-717; Ord. 94-762)
A. Principal uses:
1. One (1) preexisting single-family residential dwelling unit, if the following conditions exist:
a. That such single-family residential structure, together with all accessory uses, was constructed in conformity with the zoning regulations in effect at the time of such construction; and
b. That no other uses exist upon the premises than those permitted by the regulations applicable to R-1 zoned property as set forth herein; provided that subsection A1a of this section shall not be construed to prohibit the construction of any accessory building or structure, or the reconstruction of any existing building or structure if the same complies with the existing zoning regulations applicable to Zone R-1 as set forth herein.
2. Single-family dwellings shall be permitted, provided:
a. That for such use the regulations contained in part 1, "Zone R-1", of this article shall apply to the exclusion of the regulations hereinafter set forth; and
b. That when an R-3 zoned lot is improved with an R-1 use after September 15, 1989, no other uses shall be permitted thereon. Prior to the issuance of a building permit for a single-family (R-1) use to be built to applicable R-1 development standards, a deed restriction, covenant or comparable legal instrument, approved as to form by the City Attorney, shall be recorded with the County Recorder's Office including all pertinent restrictions and limitations so as to assure the continued use of the property for R-1 purposes.
c. Accessory dwelling units are permitted as set forth in section 9-1T-10 of this chapter.
3. Preexisting multiple units.
4. New or reconstructed multiple dwelling units, if the following conditions exist:
a. Such lot or parcel has a lot width of at least fifty feet (50').
b. The abutting public street has been dedicated to a width of at least thirty feet (30') from centerline abutting such lot or parcel; and
c. Such public street has been improved by standard street construction to a width of at least twenty feet (20') from centerline abutting such lot or parcel-street improvements to include pavement, curb, gutter, sidewalk, utilities, drainage and lighting.
5. Community care facility/small.
6. Supportive housing.
7. Transitional housing. (1960 Code; amd. Ord. 89-654; Ord. 03-888; Ord. 13-972; Ord. 17-1022)
B. Accessory uses:
Accessory buildings or structures.
Animals:
1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to, inflict harm or discomfort to or upon any persons; and
a. If there is only one (1) residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) such units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one household pet per unit.
2. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and
3. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and
4. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and
5. All the regulations herein shall be subject to the general nuisance ordinances of the city and it shall be unlawful for any person to maintain any animal which constitutes a public nuisance.
Daycare home, large family, subject to guidelines as contained in section 9-1T-6 of this chapter.
Daycare home, small family.
Home occupation, subject to the limitations contained in section 9-1A-9, "Definitions", of this chapter.
Off street parking spaces, accessory to principal R-3 uses.
Open spaces.
Storage of building materials during the construction of any building or part thereof, and for a period thirty (30) days after construction is completed. (1960 Code; amd. Ord. 92-717; Ord. 94-762; Ord. 90-679)
A. Principal uses:
Any use permitted in the C-1 zone.
Addressograph services.
Ambulance service.
Appliances, household (repairs permitted).
Auditoriums.
Automobile rental.
Automobile repair garages (all operations to be conducted within an enclosed building) subject to CUP requirements.
Automobile sales provided the minimum lot size shall be two-thirds (2/3) of an acre, subject to an administrative CUP.
Automobile supply stores (retail sales of new and rebuilt parts only).
Awning shops, canvas goods, sales and service (within an enclosed building).
Barbershops, beauty parlors, beauty salons, hair salons.
Blueprint and photography.
Boat and recreational vehicle sales:
Sales may be conducted in the open, except in required yard areas; and
Repairs, which must be conducted entirely within an enclosed building.
Bowling alley, billiard parlor and similar recreational uses (CUP required).
Burial caskets.
Business and professional offices.
Business colleges, dance academies, music instructions and other commercial schools.
Day spas (facials, waxing, skin treatments, and similar services not including massage).
Dress and millinery shops.
Dry cleaners, retail.
Dry cleaning establishments, including coin operated machine (household service).
Electrical distribution and communication equipment, enclosed within a building.
Electrical supply.
Food markets.
Frozen food lockers.
Furniture repair and upholstery.
Glass studios, staining, edging, beveling and silvering in connection with the sale of mirrors and glass for decorating purposes.
Gymnasiums and health clubs (CUP required).
Hearing aides retail sales.
Heating and air conditioning sales and offices.
Household appliance stores (repairs incidental to primary use permitted).
Ice cream parlors (processing permitted for sale on premises only).
Instant printing.
Insurance agents and/or brokers.
Investment securities and stock brokerage firms.
Janitorial supplies.
Job printers not to exceed two thousand five hundred (2,500) square feet of gross leasable area.
Lapidary shops (within an enclosed building).
Laundromats.
Massage businesses or establishments (CUP required and subject to section 9-1T-9 of this chapter).
Medical and dental laboratories.
Medical and dental offices, clinics, and similar uses.
Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.
Mopeds and go-carts.
Mortuaries and funeral homes.
Movie theaters (CUP required).
Music stores (music instructions permitted).
Nail salons.
Newspaper distributors or business offices.
Nurseries and garden supplies.
Optical establishments, including the sale of lenses and frames and the grinding and mounting of lenses.
Parking lots, commercial, provided that where such parking lots are not enclosed within a building, and where such facilities abut properties zoned for residential purposes, there shall be erected a six foot (6') high view obscuring masonry wall adjacent to the property line between the parking lot and residential property.
Pest control and exterminators, retail sales and office, but no storage of pest control or exterminating contractor vehicles, equipment, or storage of bulk chemicals or pesticides.
Pet shops.
Photograph studios.
Plumbing supplies (within an enclosed building).
Public utility, business office.
Radio and TV stores (retail sales and repairs).
Reducing salons, baths, and physiotherapy facilities.
Restaurants (subject to CUP requirements, if any).
Shoe repair shop.
Shoe stores.
Shopping centers requiring a CUP under any other provision of this code.
Sickroom supplies, retail sales.
Signs, show cards, and posters, retail sales (including the on premises painting or preparation of such signs, provided that such operations do not involve electrical components nor comprise greater than 50 percent of the gross floor area of the business, or 500 square feet, whichever is less).
Sporting goods stores.
Swimming pool supply stores.
Tailor shops.
Taxi service.
Taxidermists.
Telephone exchanges.
Tobacco stores.
Toy stores.
Trading stamp redemption centers and catalog stores.
Travel bureaus.
Upholstery fabrics and supplies, retail sales.
Other uses involving retail sales as the planning commission and city council may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.
B. Accessory uses: The following uses shall be permitted as an incidental use:
Accessory buildings and structures.
Massage therapy as defined in section 5-2E-1 of this code, subject to complying with all provisions of title 5, chapter 2, article E of this code and the following requirements:
1. The massage therapy is incidental to a medical office, state licensed hospital, nursing home, or state licensed physical or mental health facility where the massage therapy is provided exclusively by physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses or vocational nurses duly licensed to practice their respective profession in the state.
or
2. The massage therapy is incidental to a barbershop, beauty parlor, beauty salon, hair salon, day spa, or nail salon where the massage therapy is provided exclusively by barbers, cosmetologists, estheticians, or manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees of their patrons.
Permanent makeup services, subject to the following requirements:
1. The permanent makeup service shall be incidental to one or more of the following permitted uses: barbershops, beauty parlors, beauty salons, hair salons; day spas; nail salons.
2. Permanent makeup shall be limited to the application of eyeliner, eyebrows, eye shadow, lip liner, and lip color.
3. The application of permanent makeup shall not be performed on persons under the age of eighteen (18) without the consent of said minor's parent or guardian. (1960 Code; amd. Ord. 76-439; Ord. 79-489; Ord. 81-509; Ord. 82-523; Ord. 83-533; Ord. 86-596; Ord. 91-688; Ord. 95-776; Ord. 06-911; Ord. 06-912; Ord. 16-1010)
A. Principal uses:
Any uses permitted in C-2 zone.
Assaying.
Automobile repair garages (all operations to be conducted within an enclosed building), subject to conditional use permit requirements.
Bail and surety bond businesses (CUP required).
Bakeries, processing.
Boat and recreational vehicle sales:
Sales may be conducted in the open, except in required yard areas; and
Repairs, which must be conducted entirely within an enclosed building.
Bookbinding.
Building material.
Cleaning and dyeing establishments, wholesale or industrial.
Commercial storage of recreational vehicles and boats subject to the approval of a conditional use permit pursuant to section 9-1F-10 of this chapter provided the following standards are met:
1. That the total land area of the subject site shall be a minimum of twenty thousand (20,000) square feet and a maximum of fifty thousand (50,000) square feet. The commercial storage of recreational vehicles and boats shall only be permitted as an ancillary use to an already existing permitted or conditionally permitted commercial use.
2. That if the subject site which is contemplated for the commercial storage of recreational vehicles and boats is located within the Rosemead Boulevard project area of the community redevelopment agency, then said use shall only be conditionally permitted in "block E" of the Rosemead Boulevard project area, and shall be prohibited in all other blocks of the Rosemead Boulevard project area.
3. The area of the subject site designated for storage shall be screened from view of the public right of way by a six foot (6') high view obscuring fence or wall.
4. Access to the storage area on the site shall be controlled through a locking gate and access to the storage area shall only be permitted between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. and shall not occur during peak traffic hours.
5. The area of the subject site designated for storage shall be paved with asphalt, concrete, or equivalent nonpermeable surface.
6. No on site washing or repairs of the recreational vehicles and/or boats stored on a subject site shall occur.
7. The vehicles and/or trailers stored at an approved storage site shall be limited to the following: recreational vehicles (as defined in section 3-3A-50-2 of this code), boats, or jet skis.
Commercial swimming pools (if enclosed by view obscuring walls).
Emergency shelter (per section 9-1T-2-2 of this chapter).
Food commissaries.
"Fortune telling" as defined in section 4-8-10-1 of this code, provided every fortune telling business be separated from every other fortune teller and every adult business, as defined in ordinance 85-534, by at least one thousand feet (1,000').
Job printers.
Markets, wholesale or jobbers.
Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.
Plumbing supply, outdoor storage permitted.
Secondhand goods (all goods displayed, sold and stored within an enclosed building).
Single room occupancy (SRO) building (subject to CUP approval and the provisions of section 9-1T-2-1 of this chapter).
Welding equipment and supplies; the distribution and storage of oxygen and acetylene in tanks of oxygen is stored in a room separate from acetylene, separated by not less than one hour fire resistant wall.
Wholesale businesses.
Any similar enterprises or businesses or other enterprises or businesses which the planning commission finds are not more obnoxious or detrimental to the public welfare than the enterprises enumerated in this section.
B. Accessory uses:
Accessory buildings and structures. (1960 Code; amd. Ord. 75-408; Ord. 85-578; Ord. 91-688; Ord. 08-922; Ord. 10-931; Ord. 13-972)
| BMP: | Best management practices or best management program. |
| BMR: | Baseline monitoring report. |
| BOD5: | Biochemical oxygen demand. |
| CFR: | Code of federal regulations. |
| COD: | Chemical oxygen demand. |
| EPA: | U.S. environmental protection agency. |
| FOG: | Fats, oils and grease. |
| IEPA: | Illinois environmental protection agency. |
| mg/l: | Milligrams per liter. |
| NCPS: | National categorical pretreatment standards. |
| NPDES: | National pollutant discharge elimination system. |
| NUA: | Nonuniform allocation. |
| POTW: | Publicly owned treatment works. |
| PSES: | Pretreatment standards for existing sources. |
| PSNS: | Pretreatment standards for new sources. |
| RCRA: | Resource conservation and recovery act. |
| SIC: | Standard industrial classification. |
| SSO: | Sanitary sewer overflow. |
| SWDA: | Solid waste disposal act (42 USC 6901 et seq.). |
| TDS: | Total dissolved solids. |
| TSS: | Total suspended solids. |
| TTO: | Total toxic organics. |
| USC: | United States Code. |
| USEPA: | United States environmental protection agency. |
A. It shall be unlawful for any person to deposit or discharge, or to cause to be deposited or discharged, to any POTW, any solid, liquid or gaseous waste unless through a connection approved by the POTW.
B. It shall be unlawful to discharge wastewater, without an NPDES permit, to any natural outlet within the POTW or any area under its jurisdiction.
C. It shall be unlawful to discharge trucked or hauled pollutants to the POTW except at discharge points designated by the POTW as per 40 CFR 403.5 (b)(8). (Ord. 2005-10, 3-15-2005)
A. Public Announcement: It is the policy of the City to announce publicly all requirements for construction contract management, architectural and engineering services over one hundred thousand dollars ($100,000.00), and to negotiate such agreements on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architectural and engineering services, the Purchasing Agent, or designee, shall request firms to submit a statement of qualifications and performance data.
B. Selection Process: A selection committee composed of at least three (3) members, including the Purchasing Agent, or designee, the Director of Public Services or designee, and the department director in need of the architectural and engineering services shall conduct discussions with no less than three (3) firms regarding the proposed agreement and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than three (3) of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the selection committee.
C. Negotiation: The Purchasing Agent, or designee, or department director, or designee, shall negotiate an agreement with the firm considered to be the most qualified for architectural and engineering services at compensation which the Purchasing Agent, or designee, determines in writing to be fair and reasonable to the City. In making this decision, the Purchasing Agent, or designee, or department director or designee, shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the Purchasing Agent or designee, or department director or designee, be unable to negotiate a satisfactory agreement with the firm considered to be the most qualified at a price the Purchasing Agent determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The Purchasing Agent or designee, or department director or designee, shall then undertake negotiations with the second most qualified firm. Should the Purchasing Agent or designee, or department director or designee, be unable to negotiate an agreement at a fair and reasonable price with any of the selected firms, the selection committee shall select additional firms in order of their competence and qualifications, and Purchasing Agent or designee, or department director or designee, shall continue negotiations in accordance with this section until an agreement is reached. (Ord. 17-14)
A. Requirement For Bid Security: Bid security shall be required for all competitive sealed bidding for construction agreements.
B. Acceptable Bid Security: Acceptable bid security shall be limited to:
1. A bid bond in a form satisfactory to the City underwritten by a company licensed to issue bid bonds in the State of Utah;
2. A cashier's, certified, or official check drawn by a federally insured financial institution;
3. An irrevocable letter of credit; or
4. Cash.
C. Amount Of Bid Security: Bid security shall be in an amount equal to at least five percent (5%) of the amount of the bid.
D. Bid Security; Nonsubstantial Failure To Comply: If a bid does not comply with the security requirements of this rule, the bid shall be rejected as nonresponsive, unless the failure to comply is determined by the Purchasing Agent, or designee, to be nonsubstantial where:
1. Only one (1) bid is received, and there is not sufficient time to rebid the agreement;
2. The amount of the bid security submitted, though less than the amount required by the invitation for bids, is equal to or greater than the difference in the price stated in the next higher acceptable bid;
3. The bid guarantee becomes inadequate as a result of the correction of a mistake in the bid or bid modification in accordance with this chapter, if the bidder increases the amount of guarantee to required limits within forty eight (48) hours after the bid opening.
E. Withdrawal Of Bids: If a bidder is permitted to withdraw its bid before award as provided in subsection 3.10.080F, "Correction Or Withdrawal Of Bids; Cancellation Of Awards", of this chapter, no action shall be held against the bidder or the bid security. (Ord. 17-14)
A. Purchasing Agent's Discretion: Subject to the limitations in this section, the Purchasing Agent, or designee, shall have discretion to select the appropriate method of construction contracting management for a particular project. In determining which method to use, the Purchasing Agent, or designee, shall consider the City's requirements, its resources, and the potential contractor's capabilities. The Purchasing Agent, or designee, shall cause to be executed, and included in the procurement file, a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
B. Factors: Before selecting the construction contracting method to use, a careful assessment must be made by the Purchasing Agent or designee. The assessment may consider the following factors:
1. When the project must be ready to be occupied;
2. The type of project, for example, housing, offices, labs, heavy or specialized construction;
3. The extent to which the requirements of the City and the way in which they are to be met are known;
4. The location of the project;
5. The size, scope, complexity and economics of the project;
6. The amount of financing available for the project, including whether the budget is fixed or what the source of funding is;
7. The availability, qualifications, and experience of the City's personnel to be assigned to the project and how much time the City's personnel can devote to the project;
8. The availability, qualifications and experience of outside consultants and contractors to complete the project under the various methods being considered;
9. The results achieved on similar projects in the past and the methods used; and
10. The comparative advantages and disadvantages of the construction contracting method and how they might be adapted or combined to fulfill the needs of the City.
C. Approved Methods Of Construction Management: The following is a list and description of the more common construction contracting management methods which may be used by the City. The methods listed are not all mutually exclusive, and may be combined on a project. This list is not intended to be fixed in respect to all construction projects. In each project, this list may be adapted to fit the circumstances of that project.
1. Single Prime (General) Contractor: The single prime contractor method is typified by one (1) business, acting as a general contractor, contracting with the procurement unit to timely complete an entire construction project in accordance with drawings and specifications provided by the procurement unit. Generally the drawings and specifications are prepared by an architectural or engineering firm under contract with the City. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.
2. Multiple Price Contractors: Under the multiple prime contractor method, the City contracts directly with a number of general contractors or specialty contractors to complete portions of the project in accordance with the City's drawings and specifications. The City may have primary responsibility for successful completion of the entire project, or the contracts may provide that one (1) or more of the multiple prime contractors has this responsibility.
3. Design-Build: In a design-build project, an entity, often a team of a general contractor and a designer, contract directly with the City to meet the City's requirements as described in a set of performance specifications and/or a program. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.
4. Construction Manager Not At Risk: A construction manager is a person experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the administration of change orders as well as other responsibilities as described in the contract.
5. Construction Manager/General Contractor (Construction Manager At Risk): The procurement unit may contract with the construction manager early in a project to assist in the development of a cost effective design. In a Construction Manager/General Contractor (CM/GC) method, the CM/GC becomes the general contractor and is at risk for all the responsibilities of a general contractor for the project, including meeting the specifications, complying with applicable laws, rules and regulations, that the project will be completed on time and will not exceed a specified maximum price. (Ord. 17-14)
A. Any detached accessory building, except for an accessory dwelling unit, over five hundred (500) square feet in size.
B. Any detached accessory building, except for required garage parking, having a gas hookup or plumbing other than for water supply purposes.
C. Any detached accessory building as described above shall be set back at least five feet (5') from any property line.
Airports, heliports and landing fields.
Alcohol, on premises serving and consumption.
Animal hospitals, veterinarian offices and clinics, and commercial kennels.
Automatic car washes.
Automobile trailer parks.
Bail and surety bond businesses (C-3 Zone only).
Bowling alley, billiard parlor, and similar recreational uses.
Cemeteries.
Churches, temples and other places of worship, including location in any residential zones.
Columbariums, crematories and mausoleums.
Commercial storage of recreational vehicles and boats in the C-3 Zone only.
Commercial unit or manufacturing unit which is shared by more than one (1) independently owned business enterprise.
Commercial unit or manufacturing unit which is subdivided or split into two (2) or more units.
Community care facility/large, including the R-2 and R-3 Zones, and the C-1, C-1-R, C-2, and C-3 Zones only.
Condominiums, commercial/office.
Condominiums, industrial/manufacturing.
Dairy.
Day treatment hospitals.
Daycare center, including all R Zones.
Draying, freighting or trucking terminals.
Drive-in business.**
Dumps.
E-cigarette/vaporizer store.
Educational institutions (including any R Zones).
Entertainment, including karaoke, live bands or performances and public dancing or singing.
Equestrian establishments, including academies, and riding stables.
Establishments or enterprises involving large assemblages of people or automobiles, including the following and similar uses:
Amusement parks.
Circuses, carnivals or fairgrounds.
Labor camps.
Open air theaters.
Racetracks and rodeos.
Stadiums.
Game arcades, including any business establishment with more than four (4) arcade games as an incidental or accessory use.
Games - skill game business, including video and skill game arcades.
Government facilities or uses, including Federal, State and County offices (including any R zoned property designated as institutional on the land use map of the adopted General Plan).
Gymnasiums and health clubs (C-2 Zone only).
Hog ranch.
Homes for the aged (including any R zoned property designated as institutional on the land use map of the adopted General Plan).
Hospitals.
Hotels.
Industrial or manufacturing condominiums.
Living quarters for caretakers at mortuary.
Lodges, meeting halls, and social clubs, including any R zoned property designated as institutional on the land use map of the adopted General Plan.
Massage business or establishment, subject to section 9-1T-9 of this chapter.
"Mini-malls" as defined in section 9-1A-9 of this chapter and as regulated by special development standards contained in section 9-1T-4 of this chapter.
Motorcycle sales, service or repairs (excluding the C-1 Zone).
Move-on houses. (See section 9-1F-43 of this article.)
Movie theaters.
Natural resources.
Noncommercial kennels, including location in the residential zones.
Nursery schools, unless otherwise specifically permitted (including R-3).
Nursing and convalescent hospitals (including any R zoned property designated as institutional on the land use map of the adopted General Plan).
Off street parking for commercial, manufacturing or institutional uses on any R zoned property.
Parks, playgrounds and other commercial recreational facilities open to the public.
Plating of metals and finishing of metals.
Private recreational sports courts or facilities, including tennis courts, full basketball courts, skateboard ramps, golf putting enclosures and batting cages. These uses shall not be permitted in the front yard. (Portable or roof mounted basketball hoops or similar small, unlighted features are exempt from the CUP requirement.)
Psychiatric hospitals.
Public utility facilities and utilities operated by mutual companies or agencies in any zone wherein such facilities are not otherwise permitted other than residential zones; or water wells and related facilities operated by public or mutual water companies or agencies for the exploration, extraction, productions, and processing of water in any zone of the City, except that no conditional use permit shall be required for:
Any public utility facility for which a building permit is not required pursuant to the City's building regulations; and
Any public utility facility which is designated as a permitted use in a specified zone.
Radio or television towers and transmitters.
Restaurants.**
Senior citizen housing as defined in section 9-1Q-2 of this chapter, and regulated by special development standards contained in section 9-1Q-3 of this chapter.
Service stations.**
Sewage disposal plants.
Shopping centers having two (2) or more units or more than thirty thousand (30,000) square feet of lot area.
Signs with changeable copy.
Single-family dwelling, new which presents a period or historical architectural style but does not strictly comply with R-1 standards, if there are favorable findings with regard to the following conditions:
A. The proposed dwelling offers a unique and unusual architectural style which is not likely to be achieved within the parameters of the adopted development standards.
B. The proposed dwelling has a positive aesthetic impact upon the surrounding neighborhood.
C. The site for the new single-family dwelling is adequate in size, shape, topography and circumstances.
D. The site has sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the new single-family dwelling.
E. The new single-family dwelling will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties or upon the public welfare.
Single room occupancy (SRO) building (C-3 Zone only).
Solid fill project.
Storage or shipping container over one hundred twenty (120) square feet in size or six feet (6') in height.
Subdivisions, including tract maps and parcel maps for flag lots, lot splits and condominium projects.
Theaters.
Tobacco shop.
Towing service as an ancillary or secondary use to a permitted auto repair or service station business conducted as a principal use provided the towing service is operated under the same business name as the principal use and that there be no more than two (2) towing service related vehicles (C-2 and C-3 Zones only).
Transfer stations.
Wireless communications facilities, refer to section 9-1T-8 of this chapter. (1960 Code; amd. Ord. 82-521; Ord. 83-540; Ord. 85-579; Ord. 86-596; Ord. 88-631; Ord. 88-640; Ord. 89-654; Ord. 90-683; Ord. 90-688; Ord. 91-688; Ord. 91-710; Ord. 92-721; Ord. 92-723; Ord. 92-728; Ord. 92-729; Ord. 92-732; Ord. 93-738; Ord. 93-739; Ord. 93-751; Ord. 94-762; Ord. 95-772; Ord. 98-823; Ord. 02-874; Ord. 02-878; Ord. 05-896; Ord. 08-922; Ord. 10-931; Ord. 13-972; Ord. 13-974; Ord. 13-975; Ord. 14-992; Ord. 16-1010; Ord. 16-1012; Ord. 17-1022)
A. Notification Of Violation: Whenever the POTW finds that any industrial user has violated or is violating this article, or a wastewater permit, or order issued hereunder, the director or his agent may serve upon said user written notification of the violation. Within twenty (20) days of the receipt of notification an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director or his agent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation (NOV). (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)
B. Consent Orders: The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the director or his agent, and industry representatives. Consent orders shall have the same force and effect as subsection D of this section and shall be judicially enforceable.
C. Show Cause Order: The director may order any user which causes or contributes to violations of this article, a wastewater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
D. Compliance Order: When the director finds that an industrial user has violated or continues to violate this article or a wastewater permit, or order issued hereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated, and, compliance is achieved. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
E. Cease And Desist Orders: When the director finds that an industrial user has violated or continues to violate this article or a wastewater discharge permit, or any order issued hereunder, the director may issue an order to cease and desist all illegal or authorized discharges immediately. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
1. In an emergency, the cease and desist order may be given by telephone.
2. In nonemergency situations, the cease and desist order may be used to suspend or permanently revoke the industrial user's wastewater discharge permit.
3. The cease and desist order may order the IU to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating discharge. (Ord. 2005-10, 3-15-2005)
F. Administrative Fines:
1. Notwithstanding any other section of the enforcement response plan (ERP) or this article, any user who is found to have violated any provision of this article, or wastewater discharge permit or order issued hereunder, may be fined at the discretion of the director in an amount of at least one thousand dollars ($1,000.00) per day for each violation as outlined in the federal regulations. Each day on which a violation occurs or continues to occur, shall be deemed a separate and distinct violation. Unpaid charges, fines, and penalties shall constitute a lien against the user's property. Industrial users desiring to dispute such fines must file a request with the director within ten (10) days of being notified of the fine. Where the director believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the industrial user. Violations potentially warranting a minimum one thousand dollar ($1,000.00) fine include, but are not limited to, the following: (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)
a. Contributing any pollutant or wastewater which will interfere with the operation or performance of the POTW or will pass through the POTW (subsection 7-3A-12B of this article).
b. Failure to provide immediate notification of a spill or slug load (subsection 7-3A-18B1 of this article).
c. Failure to adhere to the requirements of a compliance order (subsection D of this section).
d. Failure to submit a hazardous waste notification (subsection 7-3A-25D of this article).
e. Failure to notify POTW of a self-monitoring violation (subsection 7-3A-25F of this article).
f. Failure to provide notification of changed discharge (subsection 7-3A-25E of this article).
g. Failure to submit baseline monitoring report (subsection 7-3A-25A of this article).
h. Failure to submit periodic compliance report (subsection 7-3A-25C of this article).
i. Failure to document and perform grease interceptor maintenance (subsection 7-3A-19E of this article). (Ord. 2011-18, 6-28-2011)
G. Suspension Of Permit In Emergency Situations:
1. The director may suspend the wastewater discharge permit and/or service of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge, presenting or causing, an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
2. Any user notified of a suspension of its wastewater discharge permit or service shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The director shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in subsection H of this section are initiated against the user.
3. An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrences to the director prior to the judicial remedies described following. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
4. Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section as to why the proposed suspension should not take place.
H. Termination Of Permit: Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the NWRWRF. Any user who violates the conditions of this article or a wastewater discharge permit or order issued hereunder or any applicable state or federal law, is subject to permit termination. The following violations are cause for permit termination:
1. Violation of wastewater discharge permit conditions;
2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. Failure to report significant changes in operations or wastewater constituents and characteristics of its discharge;
4. Refusal of reasonable access to the user's premises for the purpose of inspection, sampling, or monitoring;
5. Tampering with, disrupting, or destroying POTW equipment;
6. Failure to report an accidental discharge of a pollutant;
7. Failure to report an upset of the industrial user's treatment facilities.
Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section, as to why the proposed suspension should not take place.
I. Revocation Of Business License: The village of Fox Lake may revoke any business license issued to any business within Fox Lake if any fines or fees are not paid in a timely manner. The village of Fox Lake also has the right to revoke any business license from any facility within the village of Fox Lake if any compliance orders or mandates issued under this chapter are not met within the scheduled time frame. (Ord. 2005-10, 3-15-2005)
A. That the variance or permit was obtained by fraud; or
B. That the use for which such approval was granted has ceased to exist, or has been suspended, for a period of six (6) months or more; or
C. That the permit or variance granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or
D. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.
If the commission conducts the hearing, the action taken by the commission shall be subject to an appeal in the manner prescribed in section 9-1F-26 of this article.
The action of the council shall be final and conclusive. (1960 Code)
(1) License Required. It shall be unlawful for any person within the village to engage in the business of cleaning, collecting, or transporting the contents of catch basins, sewers or septic tanks or like refuse without first obtaining a license from the village clerk. Provided, however, that plumbers or sewer builders who may clean catch basins or sewers incident to other services shall not be required to obtain such license.
(2) Fee. The license fee shall be as prescribed in appendix D of this code.
(3) Summary Revocation. Any license so granted may be suspended upon written notice by the village manager, whenever it appears to him that the licensee has violated the provisions of this section or is conducting said business in violation of any other local, state or federal law or regulation.
(4) Storage Of Materials. It shall be unlawful for any person engaged in the business of cleaning catch basins, sewers and septic systems or transporting the contents thereof, to place, store, keep, or maintain any trucks, wagons, barrels, receptacles, vessels, or utensils used in connection with such business within the village, unless kept inside a building which shall be subject to monthly inspection by the village health officer.
(5) Vehicles. The contents taken from catch basins and sewers in cleaning and repairing the same shall not be permitted to remain in any receptacle, wagon, or vehicle used to transport and remove such contents. The same shall be disposed of at a place to be designated by the health authority or the ordinances of the village. No such receptacle or vehicle containing such material shall be permitted to be stored overnight on any premises within the limits of the village and such storage shall be deemed and is hereby declared to be a public nuisance. All substances taken from catch basins and sewers shall be conveyed to the place of disposal in tightly covered, watertight, impermeable receptacles. All vehicles, receptacles, and utensils used in connection with such business when not in use shall be kept in a clean and sanitary condition. (1986 Code)
A. License Required. No person other than a licensed auctioneer shall sell at public or private auction within the village any real or personal property of any kind whatsoever (except under and by virtue of legal process). (1986 Code)
B. Approval Of License And Fee. A person may be licensed to sell real and personal property at auction, at a place to be named in his license, upon approval by the village manager of his application therefor. The applicant shall execute a surety bond or other bond satisfactory to the village manager, in the amount of one hundred thousand dollars ($100,000.00). An auctioneer's one hundred thousand dollar ($100,000.00) bond will be held for sixty (60) days following the auction. If no claims have arisen against the auctioneer for the event for which the bond is held, the auctioneer may make a written request to the village manager for the return of the bond. The license fee shall be in the amount prescribed in appendix D of this code. (1986 Code; amd. Ord. 02-1131, 12-3-2002)
C. Revocation. Licenses to auctioneers shall be subject to revocation by the village manager whenever it appears to him that the party so licensed has violated any provision of this section or of any ordinance of the village relating to auctions or auction sales, or any condition of the aforesaid bond.
D. Noise. No bellman or crier, nor any musical instrument, nor any show signal or means of attracting attention of the public, other than a sign or flag, shall be employed or suffered or permitted to be used at or near any place of such auction sale.
E. Descriptions. It shall be the duty of every auctioneer who shall offer for sale real or personal property of any kind whatsoever to have affixed thereto a sign, tag, or label bearing a true statement of the character, quality, and description of the property offered for sale, and to announce to the persons present, before proceeding to sell same, the character, quality, and description of the property offered for sale.
F. Return Of Goods. The purchaser at an auction sale of any article of goods, wares, and merchandise shall have the right to return it to the auctioneer at any time within five (5) days from the date of sale if the article is not of the quality represented to him, and the auctioneer shall return to the purchaser the price of the article.
G. Substitutions. No auctioneer shall exhibit and offer for sale at auction any article and induce its purchase by any bidder and afterward substitute any article in lieu of that offered to and purchased by the bidder.
H. Representations. No auctioneer or person being present when real or personal property is offered for sale shall knowingly, with intent to induce any person or persons to purchase the same or any part thereof, make any false representation or statement as to the ownership, character, or quality of the property so offered for sale, or as to the poverty or circumstances of the owner or alleged owner of such property.
I. Bidding. No auctioneer shall procure any person to make a fictitious bid at any auction sale of real or personal property, or conspire with any person or persons to make a fictitious bid at any such auction sale, or knowingly permit any person to make a fictitious bid at any such auction sale. (1986 Code)
A. License Required. It shall be unlawful to engage in the retail sale of cigars, tobacco or cigarettes without having first obtained a license therefor. Applications for such licenses shall be made to the village clerk. The requirements of subsections 11-13(2) and (3) of this article are applicable to all applications for licenses required herein. The chief of police shall investigate each application required herein. (Ord. 02-1117, 6-17-2002)
B. Fee. The annual fee for such a license shall be as prescribed in appendix D of this code.
C. Sanitation. The premises or building or vending machine used for the purpose of the sale of cigars, tobacco or cigarettes must be kept in a clean and sanitary condition. The village manager may designate a person to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this section.
D. Sale To Minors. It shall be unlawful to sell or give cigarettes to any person under eighteen (18) years of age, or for the owner of any premises on which such vending machines are located to permit such person to operate such vending machine.
E. Drugs. It shall be unlawful to sell or offer for sale any cigar or cigarette containing any harmful drugs or controlled substance as set forth in the Illinois Compiled Statutes other than tobacco. (1986 Code)
A. In addition to the applicable requirements of this Code and the "Wyoming Public Works Standard Specifications", including latest revisions, water users outside the Worland City limits shall also comply with the requirements hereinbelow specified.
B. Water users desiring water service shall make application to the City of Worland and post all necessary application fees. The application must state the intended use for the water. Water may only be used for domestic household use, including lawn and yard watering, industrial use or commercial use. Water may not be used for commercial agricultural irrigation purposes.
C. All water taps shall meet all Federal, State, and local regulations. Applicants shall apply and pay for all applicable permits and post all necessary fees.
D. All water users shall enter into an annexation agreement with the City of Worland.
E. All plans for tapping and transmission of water must be prepared in sufficient detail, with references to appropriate standards and specifications to adequately describe the proposed construction. All construction and design criteria must meet the requirements of the City of Worland and the Wyoming Department of Environmental Quality. Design calculations must be submitted to show adequate pipe sizing and sufficient facilities to meet domestic/industrial/commercial and fire demands where deemed necessary by the City. Calculations shall show average daily consumption, maximum hourly consumption, and seasonal variations.
Changes in design or deviations from design during construction without prior written approval from the City Engineer will not be permitted.
F. All water facilities shall be constructed on public right-of-way or upon private land with perpetual easements, providing free, unobstructed and uninterrupted right-of-way for inspection, operation, maintenance, enlargement, replacement, alteration and extension of the installation.
G. Plans submitted to the City of Worland shall contain a certification and seal by a professional engineer licensed to practice professional engineering in the State of Wyoming. The engineer shall certify that all designs meet the requirements of the City and State. This certification shall appear on the first sheet of the submission with said first sheet referencing all other sheets. The engineer's seal shall appear on every sheet of plans.
H. Upon approval of the application, the developer shall enter into an agreement, suitable for recording, with the City of Worland, agreeing to perform all construction in accordance with the plans and specifications approved by the City of Worland and the State of Wyoming. The approved facilities shall not be expanded in any way without prior application and approval by the City of Worland and the State of Wyoming. Any expansion of the facilities by the association or others without written approval by the City and the State shall be cause for permanent cut off of the water supply.
I. The developer shall furnish, install and construct all water facilities required within the development area according to "Wyoming Public Works Standard Specifications" and specific requirements of the City. All construction shall meet the approval of the City. Upon completion and acceptance, the developer shall transfer all facilities and related property free of debt, liens, and/or other legal encumbrances, for ownership, operation, and maintenance by the City of Worland, unless otherwise agreed in writing.
J. In case of water shortage, out of City limits users will be the less preferred use for water cutback. Any shortage of water in the City (for household, domestic or industrial use) will require cutoffs of all out of City limits users according to their usage priorities. Those priorities are (listed highest to lowest):
1. Household/residential.
2. Commercial.
3. Industrial.
4. Lawn and garden watering.
If necessary, a specific water use rotation schedule will be initiated and inspection of users will be performed by the City.
K. All water mains shall be designed and inspected in accordance with the provisions of subsection 20-62A of this Code, which is, by this reference, incorporated herein. (Ord. 627, 7-20-1989; Ord. 678, § 2, 5-18-1995; Ord. 816, 8-19-2014; Ord. 840, 9-19-2017)
A. User Fee: Each water consumer shall pay a monthly water user fee calculated as follows:
WATER
| Description | Base Rate | Rate Per Thousand Gallons | Quantity | |
|---|---|---|---|---|
| Water: | ||||
| Commercial/multi-units | See note 1 | $3 .49 | First 8,000 | |
| 1 .98 | Next 8,000 | |||
| 1 .45 | Remaining | |||
| Industrial | See note 2 | 1 .44 | Per thousand | |
| Residential | $ 8 .62 | 2 .83 | First 4,000 | |
| 1 .98 | Next 3,000 | |||
| 1 .45 | Remaining | |||
| Out of City: | ||||
| Commercial | 4 .33 | First 8,000 | ||
| 2 .46 | Next 8,000 | |||
| 1 .80 | Remaining | |||
| Industrial | 1 .79 | Per thousand | ||
| Residential | 10 .48 | 3 .51 | First 4,000 | |
| 2 .46 | Next 3,000 | |||
| 1 .80 | Remaining | |||
| Washakie Rural District | 1 .73 | Per thousand | ||
| Employee: | ||||
| In City | 17 .12 | |||
| Out of City | 21 .23 | |||
Notes:
1. Multi-family residential units and commercial users shall be assessed a base rate of no less than $14.47 to be computed by determining average monthly use (over previous 12 months) in thousand gallon increments and multiplying by $0.60.
2. Industrial users shall be assessed a base rate of no less than $300.00 to be computed by determining average monthly use (over previous 12 months) in thousand gallon increments and multiplying by $0.60.
B. Equivalent Dwelling Unit (EDU) Fee: Each water consumer shall pay a monthly EDU fee calculated as follows:
EDU
| Tap Size | Rate |
|---|---|
| 3/4" | $ 10 .24 |
| 1" | 18 .02 |
| 11/2" | 40 .96 |
| 2" | 72 .81 |
| 21/2" | 101 .11 |
| 3" | 163 .84 |
| 4" | 290 .82 |
| 5" | 404 .44 |
| 6" | 655 .36 |
C. Tap Fees: The following tap fees shall be paid prior to a permit being issued for connecting to the Municipal water system:
TAP FEE SCHEDULE
|
Water Tap Size (Inches) |
Meter (Inches) |
Water Connection Charges | |
|---|---|---|---|
| In City | Out Of City | ||
| 3/4 | 5/8 x 3/4 | $ 1,500 .001 | $ 1,860 .001 |
| 1 | 1 | 1,800 .001 | 2,232 .001 |
| 11/2 | 11/2 | 2,400 .002 | 2,976 .002 |
| 2 | 2 | 3,500 .002 | 4,340 .002 |
| 4 | 4 | 7,300 .002 | 9,052 .002 |
| 6 | 6 | 12,800 .002 | 15,872 .002 |
| 8 | 8 | 21,800 .002 | 27,032 .002 |
Notes:
1. Includes meter and backflow preventer.
2. Cost of meter and backflow preventer will be added.
Street and alley repairs shall be done according to sections 19-11 to 19-16 of this Code.
For platted subdivisions, there shall be no connection fee for connections to the main water line. The developer or water user shall, however, pay a separate tap fee for each lot or user.
See "Water Connection Charges" for reconnection fees which are located on www.cityofworland.org and at Worland City Hall.
D. Water Service Line Charges: For installing water service lines, the charge will be equivalent to all costs incurred for the installation of a service line including time and materials.
E. Out Of City Limits Water User Fees: Out of City limits user fees shall be calculated at the rate of one hundred twenty four percent (124%). (Ord. 804, 6-4-2013; Ord. 819, 12-16-2014; Ord. 840, 9-19-2017)
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description for any kind of consideration.
(2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind, or character.
(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, or any other type or kind of publication.
(4) Seeking to promulgate information or to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization or corporation registered or licensed as such by the state of Illinois or officially recognized as such in the minutes of the board of trustees of the village of Northfield. (Ord. 05-1249, 7-19-2005)
(1) Designed or redesigned or made or remade or intended to be fired while held only in the hands without support of any other part of the body or on any other thing; or
(2) Having a barrel of less than ten inches (10") in length; or
(3) Of a size which may be concealed upon the person.
The term "handgun" includes a combination of parts from which such firearms may be assembled.
PERSON. Any individual, public or private corporation, partnership, firm, society, or unincorporated association.
PUBLIC PARK. Any land or buildings set apart for public recreation and owned by any unit of government and any land owned by the forest preserve district of Cook County.
SCHOOL. Any public or private elementary or secondary school, community college, college or university.
SHOTGUN. A shoulder held firearm that is manufactured to chamber and fire shells with multiple pellets through a smooth bore barrel. (Ord. 95-831, 2-27-1995)
(1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance;
(2) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest. (Ord. 90-627, 4-23-1990)
A. The sale of tickets for a show, benefit, dance, bazaar, raffle, sporting or social event, or other event; or
B. The sale of a publication or advertising space in a publication; or
C. The sale of goods or commodities, the reasonable cost of giving or holding the show, benefit, dance, bazaar, raffle, sporting or social event or other similar event, or the reasonable costs of making or acquiring such publication or such goods or commodities, but not including the costs of selling the same.
Compensation in whatever form, paid to a professional promoter or professional solicitor, is a part of the cost of solicitation, including the promoter's charge for selling the tickets, advertising or goods or commodities.
PROFESSIONAL PROMOTER: A person who, for compensation, plans, promotes, conducts, manages or carries on or attempts to plan, promote, conduct, manage or carry on any drive or campaign for the purpose of charitable, educational, religious, patriotic or philanthropic purpose, on the streets, in any office building or business building, by house to house canvass, or in any other public or private place, by telephone, by personal solicitation, by mail, or in any other way, unless such person has first obtained a permit as provided for in this article.
PROFESSIONAL SOLICITOR: A person other than a professional promoter who is employed or retained for compensation to make solicitation or solicitations. A bona fide officer or regular employee of a charitable organization shall not be deemed a professional solicitor by reason of his participation in charitable solicitations made by or on behalf of his employer.
SOLICIT AND SOLICITATIONS: The request, either directly or indirectly, for money or financial assistance on the plea or representation that such money or financial assistance will be used for a charitable purpose. Without limiting the generality of the above, the words shall include the following methods of securing money or financial assistance on the plea or representation that it will be used for a charitable purpose:
A. Any oral or written request;
B. The distribution, circulation, mailing, posting, or publishing of any handbills, written advertisement or publication;
C. The making of any announcement through the press, radio, television, or by telephone or telegraph concerning an appeal, assembly, athletic or sporting event, bazaar, benefit, campaign, contest, dance, dinner, entertainment, exhibition, exposition, party, performance, picnic, sale, social gathering, or similar events, which the general public is requested to patronize or to which the general public is requested to make contribution;
D. The sale of, or the offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, subscription, ticket or other thing. A solicitation shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale. (Ord. 438, 4-6-1999)
(1) The Illinois department of public health publication entitled, "Food Service Sanitation Code, October 1993", as they may be revised from time to time, with the following exceptions: section 750.10500, General - Sewage Disposal and section 750.1160, General - Insects, Rodent Control.
(2) The Illinois department of public health publication entitled, "Retail Food Store Sanitation Code, October 1992", as they may be revised from time to time, with the following exceptions: section 760.940, General - Sewage and section 760.1120, General - Insects, Rodent Control. (Ord. 94-805, 6-27-1994)
(1) Compost Piles. Compostable materials may be placed in a compost pile. Said compost pile shall be located away from a neighbor's property line not less than ten feet (10') so as not to cause a "nuisance" as defined in this code and shall be located only in the rear yard of the home and not interfere with drainage, flood retention or utilities in any way.
Any compost pile shall be maintained in accordance with Illinois department of energy and natural resources guide entitled "A Homeowners Guide To Recycling Yard Wastes" (reference numbers ILENR/RR-89/03 and X04628-650M-3-90), as hereafter may be amended from time to time, which is incorporated herein by reference.
Failure to maintain said compost pile as specified by the department of energy and natural resources shall constitute a nuisance. The health department is authorized to cause the nuisance to be summarily abated at the expense of the party permitting or maintaining the nuisance.
(2) Landscape Waste Pick Up. No landscape waste shall be taken from the premises on which it was generated unless the following conditions are met: (Ord. 91-662, 1-28-1991)
(a) All grass clippings, leaves, garden material, prunings of two inches (2") diameter, and green stemmed shrub and plant materials shall be placed in biodegradable paper bags and/or containers or toters clearly marked "Landscape Waste". Bundles of brush less than four feet (4') in length and two feet (2') in height, containing branches not over three inches (3") in diameter, that are tied with biodegradable materials and can be easily handled by one person will also be collected. All other disposal containers, including plastic bags, are prohibited for use in landscape waste collection service. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
(b) These bags or bundles shall be placed at the curb or edge of the road, on the specified collection day, according to the same regulations as solid waste containers.
(c) Landscape wastes may be placed for collection and disposal only from April 1 to November 30 of each year.
(d) The village shall provide for exclusive landscape waste collection service for any and all premises within the village provided that residents who are served by a landscaping service may continue to have the landscapers properly dispose of their landscape waste.
(e) No person may place landscape waste material for collection and disposal at a premises or address other than that on which it has grown. (Ord. 91-662, 1-28-1991)
(3) Separation Of Landscape Waste From Other Materials. Landscape waste shall not be mixed or combined with garbage, rubbish, recycling or any other kind of material. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
A. All garbage and rubbish for residential collection by the contractor shall be placed in an approved container equipped with a cover and with handles so they may be lifted and carried by one person. No such container shall have a capacity of less than ten (10) gallons or more than thirty (30) gallons. Larger containers (96 gallon toters) may be used only if appropriate to the collection methods used by the collection service. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
B. The occupant, owner or user of every premises in the village shall provide for, and at all times maintain in good order and repair, a sufficient number of garbage containers and recycling toters to accommodate a weekly accumulation of normal solid waste and recyclable materials. (Ord. 16-1658, 6-21-2016)
C. It shall be unlawful for customers to have garbage, rubbish, recyclables and other material outside of the approved container. Containers must have tightly secured lids to ensure that a nuisance does not develop. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
D. All garbage containers shall meet the requirements defined in this division, and no other type of containers shall be acceptable. Unsanitary, leaking or defective receptacles shall be cleaned, repaired or replaced by and at the expense of the person in possession of the premises served. All containers shall be disinfected with an effective antiseptic solution as often as is necessary to maintain them in an odor free and sanitary condition.
E. No one garbage can or container shall exceed sixty (60) pounds' gross weight when filled. Customers with weights or quantities of solid waste in excess of those allowable under the terms of this article shall make arrangements with the contractor, for a special pick up at an additional charge to the customer. Commercial containers shall vary in size and weight depending upon the service level required by the user. (Ord. 91-662, 1-28-1991)
F. Landscape waste shall be placed in specially marked "Landscape Waste" containers, toters or in biodegradable paper bags paid for by the resident or in tightly tied bundles bound with string, cord or twine made of natural fibers. No such bag or bundle shall exceed sixty (60) pounds in gross weight. Landscape waste placed in plastic bags is unacceptable for pick up and a violation of this article. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
G. For recyclables, residents are required to use special toters (35 or 64 gallon) which are provided by the waste contractor for rent or purchase. Approved recyclable materials may be intermingled in the toters; however, no wet garbage can be disposed of with recyclables. (Ord. 05-1254, 8-16-2005)
(1) Definition. "Amusement" as used in this section shall mean and include all public shows, theatricals, musicals, dances, concerts, movies, circuses, carnivals, exhibitions, arcades, pool or billiard halls, bowling alleys, video establishments, and similar places offering public entertainment for which an admission or use fee is charged. (Ord. 500, 4-28-1987)
(2) Licenses. It shall be unlawful to conduct or operate any amusement without having first secured a license. No such license shall be issued to any person who has been convicted of a felony or is not of good character and reputation in the community in which he resides. No license shall be issued to any corporation of which an officer or person owning more than five percent (5%) of the total stock in the corporation has been convicted of a felony or other offense involving moral turpitude or is not of good character and reputation in the community in which he resides. Application for such licenses shall be made to the village clerk on forms provided by the village clerk. The application shall set forth the names and addresses of the applicant or if a corporation, partnership or association, the principal officers and registered agents thereof and their addresses and the address of the premises where the amusement is to be held or maintained.
(3) Applications.
(a) An applicant for a permit for a billiard or pool hall, bowling alley, circus, carnival, movie theater or arcade shall state the following in writing, signed by the applicant, if an individual, or if a corporation by a duly authorized agent thereof, verified by oath or affidavit:
1. The name, age, and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and, in the case of a corporation for profit, or a club, the date of incorporation, the state of incorporation, if a foreign corporation, whether or not it is authorized to do business in Illinois under the Illinois business corporation act, the objects for which it was organized, the names and addresses of the officers and directors, and if the majority and interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person;
2. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization;
3. The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
4. The location and description of the premises or place of business which is to be operated under such permit;
5. A statement whether applicant has ever made similar application for a similar other permit on the same or other premises and the disposition of such application;
6. A statement that the applicant has never been convicted of a felony and is not disqualified to receive a permit by reason of any matter or thing contained in this chapter, laws of this state or the ordinances of this village;
7. Whether a previous permit by any state or subdivision thereof, or by the federal government has ever been revoked, and the reasons therefor.
(b) Further, no such permit shall be issued to:
1. A person who is not a citizen of the United States;
2. A person who has previously had a permit issued by the village or the state revoked for cause;
3. A person who, at the time of application for renewal of any permit issued under this division, would not be eligible for such permit upon a first application;
4. A copartnership, unless all of the members of such copartnership shall be qualified to obtain a permit;
5. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a permit under this division for any reason other than citizenship and residence within the political subdivision;
6. A corporation, unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the Illinois business corporation act to transact business in the state;
7. A person whose amusement place is to be conducted by a manager or agent, unless said manager or agent would also qualify for a license;
8. A person who does not own the premises for which a permit is sought, or does not have a lease thereon for the full period for which the permit is to be issued;
9. A person who has been convicted of a gambling offense as prescribed by 720 Illinois Compiled Statutes 5/28-3, the "criminal code of 1961", approved July 28, 1961, as heretofore or hereafter amended, or is prescribed by a statute replaced by any of the aforesaid statutory provisions;
10. A person to whom a federal gaming device stamp or federal wagering stamp has been issued by the federal government for the current tax period;
11. A copartnership to which a federal gaming device or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners has been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;
12. A corporation, if any officer, manager, or director thereof, or any stockholder owning in the aggregate more than twenty percent (20%) of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;
13. Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(c) In the case of an arcade, both the person owning or leasing the premises and the owner of the machines must qualify for a permit.
(4) Special Use Permit. Unless excepted by article XII, section 4 of the village of Northfield zoning ordinance (appendix A to this code) or by subsection (5) of this section, no license for an establishment specified in section 11-13, subsection (1) of this article shall be issued by the village clerk without the applicant first having obtained a special use permit.
(5) Temporary Amusements. If any amusement is to be of a temporary nature, that is of a duration of less than fourteen (14) days, no special use permit shall be required. Application for such temporary amusement shall be made to the village manager who shall have the right to approve or disapprove the application. The village manager may require such information as is necessary to determine whether the applicant is of good character and reputation and whether the proposed temporary amusement would endanger in any manner the health, safety, and welfare of the residents of the village. The village manager shall consider, among other things, the extent to which vehicular and pedestrian traffic will be disrupted on account of the proposed temporary amusement. The applicant shall have a right to appeal the decision of the village manager to the corporate authorities of the village, provided that the application was made at least forty five (45) days in advance of the first date for which the license is sought. (1986 Code)
(6) Fee. The fee to be charged for a license to present or operate an amusement under this article shall be as prescribed in appendix D to this code. This fee shall not be applicable to a not-for-profit organization meeting the following requirements:
(a) The organization or a chapter of the organization has a bona fide physical presence at a street address within the corporate limits of the village; and
(b) The organization is qualified pursuant to section 501(C)3 or 501(C)4 of the U.S. internal revenue code. (Ord. 96-874, 4-22-1996)
(7) Breaches Of The Peace. It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot, breach of the peace, or public disturbance. The police department of the village shall have the authority to disband the audience for any amusement or the users of any amusement devices if a breach of the peace is threatened.
(8) Inspections. The chief of police and the chief of the fire prevention bureau or other designees of the village manager shall have the right to inspect every amusement to ensure compliance with all codes and regulations of the village.
(9) Trespass. Any person who is told to leave a licensed premises by the management and fails to do so shall be deemed to be trespassing on private property which is hereby prohibited and shall be subject to the penalties set forth in section 1-13 of this code. (1986 Code)
(1) The Illinois department of public health publication entitled, "Food Service Sanitation Code, October 1993", as they may be revised from time to time, with the following exceptions: section 750.10500, General - Sewage Disposal and section 750.1160, General - Insects, Rodent Control.
(2) The Illinois department of public health publication entitled, "Retail Food Store Sanitation Code, October 1992", as they may be revised from time to time, with the following exceptions: section 760.940, General - Sewage and section 760.1120, General - Insects, Rodent Control. (Ord. 94-805, 6-27-1994)
A. An owner seeking a stay shall obtain and complete the boarding application provided in section 18.48.130 of this chapter or its successor.
B. The building official shall promptly inspect the building and render a determination, in writing, regarding the building's suitability for a stay.
C. If the building official determines that the building is in such a condition as to pose an imminent danger of collapse or fire or is an attractive nuisance which creates a significant risk of transient occupancy or vandalism, the building official shall deny the request for a stay.
D. If the director of housing and neighborhood development denies a stay request, the building owner shall obtain a boarding or demolition permit within seven (7) days or the city may proceed to board the property pursuant to section 18.48.110 of this chapter, or its successor. In addition to the provisions of this section, the issuance of demolition permits in historic districts and landmark sites are subject to the provisions of subsection 21A.34.020L of this code. In the event of a conflict between the provisions of this subsection and subsection 21A.34.020L of this code, the latter shall control.
E. If the director of housing and neighborhood development determines that a stay is appropriate, the director of housing and neighborhood development shall certify in writing that a stay of up to four (4) months has been issued. (Ord. 27-00 § 8, 2000: Ord. 80-94 § 2, 1994)
A. Lot Area: Each lot in the M-1 zone shall have a minimum lot area of not less than:
1. Five thousand (5,000) square feet if designated M-1, or M-1 (5,000); or
2. Ten thousand (10,000) square feet if designated M-1, or (10,000); or
3. One acre, if designated M-1 (A).
B. Lot Width: Each lot in the M-1 zone, created after the effective date of this chapter, shall have a minimum lot width of not less than fifty feet (50').
C. Yards:
1. Front Yards: Each lot in the M-1 zone shall have and maintain a landscaped front yard not less than five feet (5') in depth;
2. Side Yards And Rear Yards: No side or rear yard shall be required.
3. Limitation: No building or structure shall be erected or maintained in any required yard area, except as provided in this chapter.
D. Building Bulk:
1. Height Limitation: No building or structure in the M-1 zone shall be erected or maintained more than thirty five feet (35') in height.
2. Maximum Lot Coverage: No lot or parcel of land in the M-1 zone shall have the lot coverage, by buildings or structures, in excess of fifty percent (50%) of the total lot area.
E. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this chapter. (1960 Code; amd. Ord. 85-562; Ord. 88-632)
A. The following uses may be conducted provided they are conducted within an enclosed building:
Aerobic, gymnasiums, health clubs, reducing and tanning salons.
Antique shop (collectibles and items intended for decorating only).
Appliances, household.
Art stores/galleries.
Automobile supply stores (retail sales of new and rebuilt parts only).
Awning shops, canvas goods, sales and service (within an enclosed building).
Bakery and confectionery shops.
Banks, savings and loans, financial institutions (new uses in excess of 1,250 square feet must provide sufficient off street parking).
Barbershops.
Beauty shops.
Bicycle stores.
Books (new and used).
Business and professional offices (new uses in excess of 1,250 square feet must provide the required off street parking and subject to a CUP).
Business machines.
Cameras and photographic equipment.
Carpet and floor coverings.
Catalog stores.
China and glassware stores.
Classes, nonprofessional, recreational (i.e., music, cooking, dance, knitting, sewing).
Clothing and apparel stores.
Coin and stamp dealers.
Computers and video equipment (not including arcades).
Delicatessens.
Department stores.
Dispensing opticians.
Drapery stores.
Drugstores and prescription pharmacies.
Dry cleaning and laundry.
Educational tutoring. Where the ratio does not exceed two (2) students per tutor (CUP when there is more than 10 students at any given time).
Electrical equipment and supplies (within an enclosed building).
Electrolysis.
Fabric stores.
Florist shops.
Food stores and markets.
Formal wear.
Furniture and home furnishings stores.
Furniture repair and upholstery, fabrics and supplies.
Gift shops.
Gun shops.
Hardware stores.
Hearing aids.
Hobby shops.
Home improvement centers.
Ice cream and yogurt parlors.
Instant printing and photo copying services (xerographic).
Interior decorator shops.
Janitorial supplies.
Jewelry stores.
Knit shops.
Lapidary shops.
Laundromats (coin operated).
Liquor stores.
Locksmith stores.
Luggage and leather goods.
Mail services.
Martial arts and karate studios.
Medical laboratories.
Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.
Music stores.
Nail shops.
Newspaper offices.
Nurseries and garden supplies.
Paint stores.
Parking lots, commercial (CUP required).
Pet shops.
Photo developing stores.
Photographic studios.
Plumbing equipment supplies (within an enclosed building).
Radio and TV stores.
Rentals (within an enclosed building).
Repair shops - pertaining to allowed uses in the C-1 zone (within an enclosed building).
Restaurants - any type (CUP required).
Shoe stores.
Shopping centers (CUP required).
Sickroom supplies.
Signs (not requiring an installation permit).
Spa sales.
Sporting goods stores.
Stationery stores.
Swimming pool supply stores.
Tailor shops.
Taxidermists.
Telephone and communications stores.
Theaters (CUP required).
Ticket agency/entertainment.
Tobacco shops.
Toy stores.
Travel agencies.
Trophies and awards.
Video sales and rentals.
Wholesaling (permitted in conjunction with a permitted retail store).
Other uses as the planning commission and city council may deemed to be similar and not more obnoxious or detrimental to the public health, safety and welfare.
B. The following uses are permitted provided, however, that they shall not be located on the ground or main floor of the building:
Any use permitted in the C-2 zone of the city as approved in section 9-1N-30 of this article.
C. If approval is granted by the planning commission or city council:
1. Sales of other than new products or at other than retail may be permitted when conducted in a manner secondary and necessarily incident to a new product retail trade.
2. Services, lessons or demonstrations conducted incident to a permitted use may be permitted.
3. Products may be made and services rendered if entirely incidental to a permitted retail sale of new products. (1960 Code; amd. Ord. 86-589; Ord. 87-605; Ord. 91-688; Ord. 95-772)
A. If the director of housing and neighborhood development determines that a building needs to be boarded, the director of housing and neighborhood development shall send a notice by certified mail, return receipt requested, and regular mail, to the property owner requiring the owner to board the building. The director of housing and neighborhood development shall also, on the same day, post a notice on the property.
B. If, due to the existence of emergency conditions, as identified by the director of housing and neighborhood development, it is not possible or practical to give notice in advance, the city may nevertheless board the building without giving prior notice to the owner or occupant, but the city shall provide all required notices immediately following the boarding of the building. (Ord. 27-00 § 2, 2000: Ord. 80-94 § 2, 1994)
A. Full name (including any alias or previously used names), description, birth date and social security number;
B. Copy of photo ID;
C. Address both physical and mailing;
D. Local address if different than physical address;
E. A brief description of the business to be conducted, and the items to be sold;
F. The time period the applicant desires to conduct business;
G. The license number and description of any vehicle to be used (if applicable);
H. A verification that the applicant or the applicant's employer is a vendor registered with the Oklahoma Tax Commission, or other proof that local and State Sales Tax is being collected and paid on the items sold or to be sold; or proof that the applicant or applicant's employer is exempt from the payment of Sales Tax;
I. The content of any signs used, and proof a sign permit has been issued;
J. If employed by another, the name and address of the applicant's employer, together with a brief description of credentials showing the exact relationship;
K. A statement of whether the applicant has been convicted of a felony, the nature of the offense and the punishment or penalty assessed therefor. (Ord. 720, 4-5-2016)
A. That the site for the proposed use is adequate in size, shape, topography and circumstances; and
B. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and
C. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties or upon the public welfare. (Ord. 92-724)
A. To establish uniform requirements for direct and indirect contributors to the wastewater collection and treatment system owned and operated by the village of Fox Lake, and enable the northwest regional water reclamation facility (NWRWRF), and its north plant Tall Oaks, to comply with applicable state and federal laws and the general pretreatment regulations (40 CFR part 403).
B. To prevent the introduction of pollutants into the municipality's wastewater system which will:
1. Interfere with the operations of the system;
2. Cause the treatment plant to violate its NPDES discharge permits;
3. Contaminate the sludge;
4. Pass through the system, inadequately treated, into receiving waters or the atmosphere;
5. Pose a health threat to sewer workers; or
6. Otherwise be incompatible with the system.
C. To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and
D. To provide for equitable distribution of the cost of the municipal wastewater system. (Ord. 2005-10, 3-15-2005)
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, which do not generally apply to other properties in the same zone; and
B. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question; and
C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties; and
D. That there are special circumstances as provided in section 65906 of the California Government Code. (1960 Code; amd. Ord. 92-723)
A. No person shall discharge or cause to be discharged any storm water, foundation drain water, ground water, roof runoff, surface drainage, cooling waters, or any other unpolluted water to any sanitary sewer.
B. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or will pass through the POTW.
C. The following general prohibitions shall apply to all users of the POTW whether or not a user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standard or requirements. A user shall not contribute the following substances to the POTW:
1. Any liquids, solids, or gases that result in toxic gases, vapors or fumes within the POTW in quantities that may cause acute worker health and safety problems, or be hazardous in any other way to the operation of the POTW or its employees as outlined in 40 CFR 403.5(b)(7). At no time shall two (2) successive readings on a meter capable of reading LEL (lower explosive limit) at a point at the nearest accessible point to the POTW in a sanitary sewer, at the point of discharge into the POTW, or at any point in the POTW be more than five percent (5%) nor any single reading greater than ten percent (10%). Materials for which discharge is prohibited under this subsection include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates, bromates, polychlorinated biphenyls, polybrominated biphenyls, carbides, hydrides, Stoddard solvents and sulfides.
2. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to cause fire or explosion or be hazardous in any other way to the POTW or to the operation of the POTW. At no time shall the waste stream have a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees centigrade (60°C) (the RCRA ignitability standard for liquid characteristic waste) using the Pensky-Martens closed cup test method. (Examples include, but are not limited to: cyanide, gasoline, kerosene, benzene, toluene, alcohols, polychlorinated biphenyls, and Stoddard solvents.)
3. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference with the operation of the wastewater treatment facilities, including, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal gut or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, glass grindings, polishing wastes, or tumbling and deburring stones.
4. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that cause pass-through or interference.
5. Any wastewater which will cause corrosive structural damage to the POTW, but in no case wastewater having a pH less than six (6.0) or greater than nine (9.0). (Ord. 2005-10, 3-15-2005)
6. Any wastewater containing incompatible pollutants in sufficient quantity, including oxygen demanding pollutants (BOD5, etc.), either singly or by interaction with other pollutants, that would injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or cause a violation of the water quality standards of the receiving water of the POTW, exceed the limitation set forth in the national categorical pretreatment standard or in section 7-3A-13 of this article, or create a public nuisance. (Ord. 2011-18, 6-28-2011)
7. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastewaters are sufficient to create a public nuisance or are sufficient to prevent entry into sewers for their maintenance and repair or endanger POTW or sewer workers' health or safety.
8. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act. Substances discharged to the POTW shall not affect sludge use or disposal criteria developed pursuant to RCRA, SWDA, the clean water act, the toxic substances control act, or state regulation subtitle C part 391 applicable to the sludge management plan being used.
9. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.
10. Any wastewater having a temperature at the point of discharge which will inhibit biological activity in the POTW treatment plant, resulting in interference. In no instance shall wastewater be introduced to the sewer system which exceeds forty degrees centigrade (40°C) (104°F).
11. Any wastewater containing pollutants released at a flow or concentration which a user knows or has reason to know will cause interference to the POTW or will pass through the POTW.
12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state or federal regulations. (Ord. 2005-10, 3-15-2005)
13. Any wastewater which may contain more than one hundred milligrams per liter (100 mg/l) of fat, oil, grease (FOG), or trichlorofluoroethane extractable material. (Ord. 2006-34, 8-22-2006)
14. Any wastewater containing BOD5, COD, total solids, suspended solids, ammonia nitrogen, or phosphorus of such character and quantity that unusual attention or expense is required to handle such materials at the POTW. A user may be permitted by specific, written discharge permit through the village in which agreement to discharge such BOD5, COD, suspended solids, ammonia nitrogen or phosphorus may be provided using special charges, payments or provisions for treatment and analysis.
15. Ammonia nitrogen in amounts that would cause a violation of the water quality standards of the receiving waters of the POTW.
16. Any discharge exceeding the standards established in 35 Illinois administrative code 307.
17. Any trucked or hauled pollutants, unless at points designated and approved by the POTW.
18. Any slug discharge.
19. Any discharge which causes the transmittance of the POTW's final effluent to fall below sixty five percent (65%) at two hundred fifty four (254) nanometers.
20. Any wastewater which imparts color which cannot be removed by treatment processes, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's final effluent.
21. Detergents, surface active agents, or other substances which may cause excessive foaming at the POTW.
Compliance with the provisions of this section shall be required on the effective date of the promulgation of this article. (Ord. 2005-10, 3-15-2005)
A. A representative of the farmer's market must submit a farmer's market application.
B. Each participant shall submit a vendor application.
C. The representative shall provide each vendor with an identification (ID) tag showing they are permitted to participate in the farmer's market. Each vendor shall display the ID at all times during operating hours of the farmer's market. If vendor does not display the ID tag, they will not be allowed to participate in the farmer's market, and may receive a citation. (Ord. 720, 4-5-2016)
A. Lot Area: Each lot in the C-3 zone created after the effective date hereof, shall have a minimum lot area of not less than:
1. Five thousand (5,000) square feet if designated C-3 or C-3 (5,000); or
2. Ten thousand (10,000) square feet if designated C-3 (10,000); or
3. Twenty thousand (20,000) square feet if designated C-3 (20,000); or
4. One acre, if designated C-3 (A).
B. Lot Width: Each lot in the C-3 zone created after the effective date hereof shall have a minimum lot width of not less than fifty feet (50'); provided, however, that such minimum lot width shall not apply to any lot created as part of a subdivision for a commercial shopping center where reciprocal access easements are held over all or a portion of said lot by all other lots in such subdivision.
C. Yards:
1. Front Yards: A front yard area of not less than fifteen feet (15') in depth shall be required of each lot in the C-3 zone which has a common side lot line boundary with any lot zoned R-1.
2. Side Yards: No side yard shall be required.
3. Required Rear Yard Areas: No rear yard shall be required.
4. Vision Clearance: Each lot in the C-3 zone which has a common boundary line with any lot zoned R-1, which lot line, as to the R-1 lot, is a side lot line, shall observe at the intersection of such lot line with the street line, a triangular area, one angle of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be fifteen feet (15') in length, measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting the last two (2) mentioned points which are distant fifteen feet (15') from the intersection of the front and side lot lines. Within the area comprising said triangle, no building, structure, tree, fence, shrub, or other physical obstruction higher than forty two inches (42") above the established grade of the lot shall be permitted or maintained.
D. Building Bulk:
1. Height Limitation: There shall be no height limitation in the C-3 zone, provided that when any building or portion thereof is erected in excess of forty five feet (45') in height, a site development plan shall be processed in accordance with article E of this chapter.
E. Signs:
1. Signs shall be permitted pursuant to the provisions of article L of this chapter.
F. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this article. (1960 Code; amd. Ord. 75-420; Ord. 85-562; Ord. 06-906)
A. Lot Area: Each lot in the C-2 zone shall have a minimum lot area of not less than:
1. Five thousand (5,000) square feet if designated C-2 or C-2 (5,000); or
2. Ten thousand (10,000) square feet if designated C-2 (10,000); or
3. One acre, if designated C-2 (A).
B. Lot Width: Each lot in the C-2 zone created after the effective date hereof shall have a minimum width of not less than fifty feet (50'); provided, however, that such minimum lot width shall not apply to any lot created as part of a subdivision for a commercial shopping center where reciprocal access easements are held over all or a portion of said lot by all other lots in such subdivision.
C. Yards:
1. Front Yards: A front yard area of not less than fifteen feet (15') in depth shall be required of each lot in the C-2 zone which has a common side lot line boundary with any lot zoned R-1.
2. Side Yards: No side yard shall be required.
3. Required Rear Yard Areas: No rear yard shall be required.
4. Vision Clearance: Each lot in the C-2 zone which has a common boundary line with any lot zoned R-1, which lot line, as to the R-1 lot, is a side lot line, shall observe at the intersection of such lot line with the street lot line, a triangular area, one angle of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be fifteen feet (15') in length, measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting the last two (2) mentioned points which are distant fifteen feet (15') from the intersection of the front and side lot lines. Within the area comprising said triangle, no building, structure, tree, fence, shrub, or other physical obstruction higher than forty two inches (42") above the established grade of the lot shall be permitted or maintained.
D. Building Bulk:
1. Height Limitation: There shall be no height limitation in the C-2 zone, provided that when any building or portion thereof is erected in excess of forty five feet (45') in height, a site development plan shall be processed in accordance with article E of this chapter.
E. Dish Antennas:
1. Definition: For the purpose of this section, the term "dish antenna" means any system of receiving or transmission disk with a diameter greater than two feet (2').
2. Development Standards: Every dish antenna shall be located, constructed, treated and maintained in accordance with the standards outlined herein.
a. Location: Any dish antenna with bases of attachment on a building in a commercial or industrial zone shall be located within the middle one-third (1/3) of the roof of said building, unless said dish antenna is otherwise completely screened from view from grade of the adjoining properties and adjoining public rights of way.
b. Height: In commercial and industrial areas dish antennas shall not exceed the height limit as specified for the zone.
c. Screening And Appearance: The materials used on constructing dish antennas shall not be unnecessarily bright, shiny, or reflective. If screening is used, it shall be architecturally compatible and be integrated into the overall design of the building. (1960 Code; amd. Ord. 85-562; Ord. 06-906)
Residential Structure And Property: Shall mean and include all structures and premises that are regulated by the California state housing law1 and any future amendments thereto, as well as any property within a residential zone as designated by the Temple City zoning code. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures thereto.
Violation: Shall mean and include a public nuisance as described in this article, or any condition, activity, or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in violation of any other provision, regulation, or requirement of this code, or any applicable county, state, or federal laws or regulations.
CODE ENFORCEMENT OFFICER: Any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s).
COMMERCIAL VEHICLE: Any vehicle of a type required to be registered under the state of California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, house cars (motor homes), and van pool vehicles are not commercial vehicles.
COMPLIANCE PERIOD: The period of time and/or required schedule set forth in a notice of abatement and/or an order of abatement within which all nuisance abatement actions referenced in such notice of abatement and/or order of abatement must be completed.
CONTROLLED SUBSTANCES: Any substance that is declared by state or federal law to be a controlled substance.
FIRE HAZARD: Shall include, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the fire department or other emergency service personnel or the egress of the occupants in the event of fire.
GRAFFITI: Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.
HAZARDOUS MATERIALS: Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.
HEARING OFFICER: The city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of abatement.
INCIDENTAL EXPENSES: Shall include, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder's office or other governmental agency, and the costs of administration and legal services.
INOPERABLE VEHICLE: Shall mean and include, without limitation, any vehicle that is incapable of being lawfully driven on a street and/or highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a "planned nonoperational" status with the California department of motor vehicles, vehicles lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right of way.
JUNK: Shall mean and include, but is not limited to, any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:
A. Condition of damage, deterioration, disrepair or nonuse.
B. Approximate age and degree of obsolescence.
C. Location.
D. Present operability, functional utility and status of registration or licensing, where applicable.
E. Cost of rehabilitation or repair versus its market value.
JUNKYARD: Real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and it is in full compliance with all provisions of the Temple City zoning code, and all other applicable provisions of the Temple City municipal code, as well as all future amendments and additions thereto.
NOTICE OF ABATEMENT: A notice of public nuisance and intention to abate with city personnel, as described in section 4-2C-12 of this article.
ORDER OF ABATEMENT: An order issued by a hearing officer following an appeal of a notice of abatement.
OWNER: Shall mean and include any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of such property.
PERSON: Shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.
PERSONAL PROPERTY: Means property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.
POLICE CHIEF: The highest ranking officer of the police department or his/her designee.
POLICE DEPARTMENT: Shall mean the law enforcement agency providing law enforcement services to the city, and shall include the Los Angeles County sheriff's department.
PUBLIC NUISANCE: Anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this article, or that otherwise violate or are contrary to any provision of this code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of this code.
REAL PROPERTY OR PREMISES: Any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. "Real property" or "premises" includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or not owned by the city of Temple City.
RESPONSIBLE PERSON: Any person, whether as an "owner" as defined in this article, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of this code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.
STRUCTURE: That which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this article, this definition shall supersede any other definition of this term in this code.
VACANT: Real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or building or structure thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, fliers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
VEHICLE: Any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right of way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. "Vehicle" does not include devices: a) that are propelled exclusively by human power such as bicycles and wheelchairs, or b) those that are used exclusively upon stationary rails or tracks.
WEEDS: Shall include, but shall not be limited to, any of the following:
A. Any plant, brush, growth, or other vegetation that bear seeds of a downy or wingy nature;
B. Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard;
C. Any plant, brush, growth, or other vegetation that is noxious or dangerous;
D. Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public health; or
E. Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard. (Ord. 11-950)
A. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent.
B. A permit and inspection fee shall be paid to the city at the time application is filed in accordance with the provisions of division VII of this article. (Ord. 309 Art. 4, § 2, 1975)
A. The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the city, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground.
B. The application, together with the plans, profiles and specifications shall be examined by the city engineer who shall within ten (10) days approve them as filed or require them to be modified as he deems necessary for proper installation. After examination by the city engineer, the application, plans, profiles and specifications shall be submitted to the council at its next regular meeting for its consideration.
C. When the council is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the city.
D. The permit shall prescribe such terms and conditions as the council finds necessary in the public interest. (Ord. 309 Art. 6, § 2, 1975)
A. No person shall allow, cause, create, permit, suffer or maintain a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, repair, removal or termination with all required city approvals, permits and inspections, when applicable.
B. The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 11-950)
A. Report Of Contributions Received; Expenses; Disbursal: Every person, except as otherwise provided, soliciting any contribution for any charitable purpose shall file with the Supervisor of Licenses within thirty (30) days after the close of any solicitation or within thirty (30) days after a demand therefor by the Supervisor of Licenses, a report of the Supervisor of Licenses stating the contributions secured from or as a result of any solicitation. The report shall also include in detail all expenses of or connected with such solicitation, showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distributed.
B. Forms To Be Supplied By Supervisor Of Licenses; Signatures Required; Who Must File: Such report shall be on forms to be furnished by the Supervisor of Licenses and signed by the persons or association filing or obligated to file for a permit, and the report, if made by any association, shall be signed by at least two (2) officers thereof. When any solicitation is made by an association, the report need be filed only by the association and not by any individual solicitor engaged in the solicitation.
C. Reports Of Charitable Solicitation Permittee: The City Manager may require from any permittee, under this Article any additional reports or information at any time and at such intervals as in the discretion of the City Manager shall be necessary for the successful administration of the provisions of this Article and the protection of health, life, and property of citizens. (Ord. 438, 4-6-1999)
A. Any street or parking lot for which the city council has adopted a resolution permitting overnight parking for specified motor vehicles;
B. Authorized emergency vehicles;
C. Operable motor vehicles that are eligible for and have obtained an overnight parking permit in accordance with this part and that are properly displaying such valid overnight parking permit;
D. Any vehicle properly displaying a valid disabled placard or disabled license plate permitted to park overnight under state law. (Ord. 10-935)
A. Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the city for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The superintendent may require plans, specifications or drawings and such other information as he may deem necessary.
B. If the superintendent determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with the ordinances, rules and regulations of the city, he shall issue the permit applied for upon payment of the required fees as fixed in this article. (Ord. 309 Art. 8, § 2, 1975)
A. Vehicles:
1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area on any R zoned lot, except in driveway areas.
2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as here provided, on any part of an R zoned lot, unless such work is done:
a. Within an enclosed building; or
b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.
3. Exception: Provided, that the prohibition imposed by subsection A2b of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the persons in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection A2b of this section for a period longer than seven (7) consecutive days within any thirty (30) day period.
4. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the state of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property. (1960 Code; amd. Ord. 77-452)
Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which is or may be detrimental to the safety, welfare, health, peace and morals of the city and its residents.
Any use not specifically authorized in section 9-1N-20 of this article.
Billboards and off premises advertising structures.
Wholesale business establishments. (1960 Code)
A. Vehicles:
1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in front or side yard areas on any R zoned lot, except in driveway areas.
2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of R zoned lot, unless such work is done:
a. Within an enclosed building; or
b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.
3. Exception: Provided, that the prohibition imposed by subsection A2b of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the person in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection A2b of this section for a period longer than seven (7) consecutive days with any thirty (30) day period.
4. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the state of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.
B. Exterior Lighting: All exterior lighting operated or maintained in conjunction with any activity or purpose on the premises, shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. The lighting elements thereof shall be directed or shielded so as to not be directly visible from any dwelling unit on the same or adjacent premises.
C. Parking Within Driveways:
1. "No Parking" signs with lettering not less than two inches (2") in height shall be placed conspicuously at the entrance to, and at intervals of not less than fifty feet (50') along every required driveway.
2. Where a driveway serves parking facilities of five (5) or more vehicles, no person shall park, stand or leave any vehicle in any portion of said driveway, except for the purpose, and during the process, of loading and unloading passengers or goods and only while such vehicle is attended by the operator thereof. (1960 Code; amd. Ord. 77-452)
A. Definitions: For purposes of this section the following definitions shall apply:
BID LIMIT: Has the same meaning as in section 3.10.030 of this chapter.
CONTRACTOR: A person or entity who is or may be awarded a construction contract for a building improvement or a public works project.
COVERED EMPLOYEE: An individual who provides on average at least thirty (30) hours per week of services directly related to a design or construction contract for a contractor or subcontractor, including, but not limited to, an individual in a safety sensitive position such as a design position responsible for the safety of a building improvement or public works project.
DRUG AND ALCOHOL TESTING POLICY: A policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce a prohibition of:
1. The manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug, and
2. The impairment of judgment or physical abilities due to the use of drugs or alcohol.
LOWEST RESPONSIVE RESPONSIBLE BIDDER: Has the same meaning as in section 3.10.030 of this chapter.
PUBLIC WORKS PROJECT:
1. The construction of:
a. A park, recreational, power or other City facility; or
b. A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, flood control, power or other City infrastructure.
2. Public works project does not mean:
a. The replacement or repair of existing infrastructure on private property; or
b. Supply contracts.
RANDOM TESTING: Periodic examination of a covered employee, selected on the basis of chance, for drugs and alcohol in accordance with a drug and alcohol testing policy.
SUBCONTRACTOR: Any person or entity who may be awarded a contract with contractor or another subcontractor to provide services or labor for the construction of a building improvement or public works project. "Subcontractor" includes a trade, contractor, or specialty contractor but does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.
VETERAN: An individual who:
1. Has served on active duty in the Armed Forces of the United States for more than one hundred eighty (180) consecutive days, or
2. Was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions, or
3. Any individual incurring an actual service related injury or disability in the line of duty, whether or not the person completed one hundred eighty (180) consecutive days of active duty.
B. Cost Estimate Required: The Purchasing Agent, or designee, shall require any City department intending to undertake a building improvement or public works project to prepare:
1. Plans and specifications for the building improvement or public works project; and
2. An estimate of the cost of the building improvement or public works project.
C. Method Of Construction Contracting Management: The requirements of subsection B of this section do not preclude the use of any method of construction contracting management outlined in section 3.10.360 of this chapter. Any method of construction contracting management may be used so long as the requirements of subsection B of this section are reasonably complied with.
D. When Bid Limit Exceeded: If the cost estimate required under subsection B of this section exceeds the bid limit specified in section 3.10.030 of this chapter, the Purchasing Agent, or designee, shall require the building improvement or public works project to be procured according to the requirements of Utah Code section 11-39-103, as amended and this chapter.
E. Determine Lowest Responsive Responsible Bidder: The Procurement Agent shall determine the lowest responsive responsible bidder by applying, in addition to the criteria in section 3.10.200 of this chapter, a preference system to determine whether the contractor and every subcontractor, if any, has demonstrated to the City's satisfaction that they have and will maintain:
1. A drug and alcohol testing policy during the period of the contract that applies to all covered employees employed or hired by the contractor or any subcontractor and require covered employees to submit to random testing under the drug and alcohol testing policy;
2. A program to actively recruit and/or employ veterans;
3. A job training program, such as, by way of example and not limitation, a Federal, State, and/or City recognized job training program;
4. A safety program; and
5. A formal policy of nondiscrimination as required by Federal, State, and local law.
F. Applying Preference System: The City's Procurement Official shall apply the preference system under subsection E of this section by making an award to the responsive and responsible bidder that qualifies for the most preferences, if the qualifying bidder's bid is equal to or less than one hundred four percent (104%) of the lowest responsive and responsible bid or within fifty thousand dollars ($50,000.00), whichever value is less. If multiple vendors qualify for the same number of preferences, the award shall be made to the lowest responsive and responsible bid among them. (Ord. 17-14)
A. Principal uses:
Community care facility/small.
One (1) single-family dwelling unit; dwelling unit shall include site built and modular homes.
Supportive housing.
Transitional housing. (1960 Code; amd. Ord. 81-505; Ord. 13-972)
B. Accessory uses:
Accessory buildings or structures.
Accessory dwelling units subject to the requirements of section 9-1T-10 of this chapter.
Animals:
1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to inflict harm or discomfort to or upon any persons; and
a. If there is only one (1) residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one (1) household pet per unit.
2. If there is more than one (1) residential dwelling unit on an R-1 lot, then the limitation of household pets shall not exceed two (2) per residential dwelling unit for two (2) such units, and one (1) per residential unit for three (3) or more such units.
3. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and
4. Aviaries for pigeons, song or decorative birds, provided the following conditions are met:
a. Not more than twelve (12) adult birds are so maintained; and
b. The purpose of the maintenance of such aviary is primarily for hobby purposes and not for commercial exploitation; and
c. The structures housing such aviaries shall not be located within ten feet (10') of any side or rear lot line upon the lot where located, unless separated from adjoining property by a solid wall or fence at least one inch (1") thick; nor shall the same be located in front of any residential structure; nor within thirty five feet (35') of any main building; nor shall the same be higher than any yard wall located within ten feet (10') thereof; and
d. Any person may apply to the City Council for a special permit for aviaries containing more than twelve (12) birds, provided that such applicant pays a fee for inspections in the amount set by the City Council by separate motion, and provided further that the applicant may show to the satisfaction of the City Council that such aviary will be maintained without damage or nuisance to neighboring properties; and
e. All existing nonconforming structures erected for the housing of birds shall comply with new regulations and standards on or before January 1, 1971.
5. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and
6. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and
7. All the regulations herein shall be subject to the general nuisance ordinances of the City and it shall be unlawful for any person to maintain any animal which constitutes a public nuisance.
Daycare home, large family, subject to guidelines contained in section 9-1T-6 of this chapter.
Daycare home, small family.
Home occupation, subject to limitations contained in section 9-1A-9, "Definitions", of this chapter.
Off street parking spaces accessory to a principal R-1 use.
Open spaces.
Renting of not more than two (2) rooms to not more than four (4) roomers, or the providing of table board to not more than four (4) such persons or any combination thereof in any residence; provided that there shall be required an additional off street parking space for each such roomer.
Storage of building materials during the construction of any building or part thereof, and for a period of thirty (30) days after construction is completed. (1960 Code; amd. Ord. 78-466; Ord. 90-679; Ord. 92-717; Ord. 94-762; Ord. 17-1022)
A. When Required; Amounts: When a construction agreement is awarded, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the agreement:
1. A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Utah or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the agreement; and
2. A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State or otherwise secured in manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractor for the performance of the work provided for in the agreement. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the agreement.
B. Authority To Require Additional Bonds: Nothing in this section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds, or in circumstances other than specified in subsection A of this section.
C. Suits On Payment Bonds; Right To Institute: Unless otherwise authorized by law, any person who has furnished labor or material to the contractor or subcontractor for the work provided in the agreement, for which a payment bond is furnished under this section, and who has not been paid in full within ninety (90) days from the date on which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that person. However, any person having an agreement with a subcontractor of the contractor, but no express or implied agreement with the contractor furnishing the payment bond, shall have the right of action upon payment bond upon giving written notice to the contractor within ninety (90) days from the date on which that person performed the last of the labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to whom the material was supplied or for whom the labor was performed. The notice shall be served personally or by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business.
D. Suits On Payment Bonds; Where And When Brought: Unless otherwise authorized by law, every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in which the construction agreement was to be performed. (Ord. 17-14)
A. Major Site Plan Review: The following construction types are subject to a major site plan review:
1. All commercial, industrial, mixed use, multi-family residential, and institutional construction where new square footage is proposed;
2. All commercial, industrial, mixed use, multi-family residential, and institutional construction where more than fifty percent (50%) of the existing square footage is being renovated;
3. All subdivisions, if any construction is proposed;
4. Any affordable housing project involving a concession under the State's Density Bonus Law. The City Council is the approval body for this project type based on a recommendation of the Planning Commission.
5. Any other construction not identified as requiring a minor site plan review or zoning clearance, as determined by the Director.
B. Minor Site Plan Review: The following construction is subject to a minor site plan review: (Ord. 13-980)
1. New two-story single-family residences or additions above the first story to a single-family residence that are not part of an accessory dwelling unit; (Ord. 17-1022)
2. Facade improvements on commercial, industrial, mixed use, and institutional uses, provided there is no square footage being added;
3. Accessory structures for multi-family, commercial, industrial, mixed use, and institutional uses, including trash enclosures and other nonhabitable structures that are one hundred twenty (120) square feet or larger; provided there is no habitable square footage being added;
4. The addition of outdoor seating areas to existing restaurants provided there is no interior square footage being added. (Ord. 13-980)
A. Pursuant to California Health And Safety Code section 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter "code enforcement fees") by the city to defray its costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
1. Nothing in this section shall be construed to inhibit or prevent the city from assessing code enforcement fees against and/or collecting code enforcement fees from those responsible persons who cause, allow, permit, suffer, or maintain a public nuisance or other violation of this code in or upon any commercial, industrial, or other real property, in order to defray its costs of code enforcement actions.
B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.
C. The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.
D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this code, or which are imposed pursuant to county, state or federal laws or regulations.
E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a public nuisance, and is not limited to those proceedings whereby city personnel perform the necessary abatement actions.
F. Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. 11-950)
A. The sewer user rate shall be based on the equivalent sewer schedule, "one equivalent user" defined as contributing two hundred fifty (250) gallons per day, 0.42 pound of five (5) day BOD per day and 0.50 pound of suspended solids per day to the sewer system. The user equivalent schedule is as follows:
USER EQUIVALENT SCHEDULE
| Churches | 1 equivalent user |
| Mobile home or trailer house | 1 equivalent user per trailer |
| Multiple living units1 | 1 equivalent user per apartment |
| Office | 1 equivalent user |
| Single-family residences | 1 equivalent user |
| Special user2 | Not applicable |
Notes:
1. This basis of charge applicable to multiple living unit not designated as a special user.
2. Each special user shall be evaluated separately based on the flow, BOD and suspended solids characteristics of the sewage discharged to the sewer. A copy of the list of special users, the characteristics of their sewage and the user charge for each shall be kept on file at all times in the office of the city clerk.
B. The equivalent user charge shall be established by the city. The methods of computation set forth in the schedule (attached to the ordinance codified herein and on file in the office of the clerk-treasurer) shall be used in setting all sewer user charges. (Ord. 309 Art. 9, § 2, 1975)
A. Enclosed Uses: All uses in the M-2 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses customarily conducted in the open.
B. Special Development Standards: When any lot in the M-2 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:
1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and
2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area or land uses in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with this provision.
3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface yards, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the M-2 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.
4. Signs: All signs, advertising structures and the like, located upon such properties, and all driveways to and from such properties, shall, as far as is consistent with the public safety, be located remote from such R zoned properties, when such R zoned properties are located on the same side of the street as said M-2 zoned properties.
5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the M-2 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.
6. Change In Grade: Where it is contemplated to change the grade or elevation of such M-2 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.
7. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this chapter.
8. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 85-562; Ord. 88-631)
A. No user shall contribute or cause to be contributed, directly or indirectly to a POTW operated by the district, any pollutant or wastewater which will pass through or cause interference with the operation or performance of the POTW.
B. No user shall contribute the following substances to any POTW:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees centigrade (60°C) using the test methods specified in 40 CFR 261.21.
2. Solid or viscous substances in amounts which will cause obstruction to the flow in the POTW resulting in interference, such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, or any material which can be disposed of as trash.
3. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or greater than 9.5, unless the works is specifically designed to accommodate such discharges.
4. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
5. Pollutants which result in the presence of toxic gases vapor or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
6. Any trucked or hauled pollutants, except at discharge points designated by the district.
7. Any wastewater containing a toxic pollutant which may cause interference with any wastewater treatment process, constitute a hazard to humans or animals, contaminate the sludge or pass through the POTW and pollute the waters of the state.
8. Any substance which may create a public nuisance, cause hazard to life or prevent entry into the sewers for maintenance and repair.
9. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty degrees centigrade (40oC) (104oF).
10. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW, including slug loads. (Ord. 12-08-09.35, 12-8-2009)
11. Any wastewater having effluent characteristics in excess of the maximums set forth in appendix B attached to the ordinance codified herein and on file in the city office, which schedule may be amended from time to time by resolution. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)
12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the district superintendent in compliance with applicable state or federal regulations.
13. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
14. Any waters or wastes containing odor producing substances which exceed limits established by the district superintendent. (Ord. 12-08-09.35, 12-8-2009)
(1) License Required - Definition. No person shall operate a barbershop in the village without first having secured a license therefor. No license shall be issued to any person who has not obtained a certificate of registration as required by the laws of this state. For purposes of this section, any commercial establishment or premises in which men's hair is cut, washed or styled shall be deemed a barbershop.
(2) Fee. The annual fee for a barbershop license shall be as prescribed in appendix D to this code.
(3) Sanitation And Inspection. Premises used as a barbershop shall be maintained in a clean and sanitary condition and shall be subject to inspection by the health officer in accordance with such rules and regulations as may be established by law.
(4) Safety. Premises used as a barbershop shall be maintained in a safe condition and shall be inspected at least once every six (6) months by the fire prevention bureau. All such establishments shall conform to all safety provisions of this code. (1986 Code)
A. There shall be two (2) classes of building sewer permits:
1. For residential and commercial service; and
2. For service to establishments producing industrial wastes. (Ord. 12-08-09.35, 12-8-2009)
B. In either case, the owner or his agent shall make application on a form furnished by the city and, in the case of establishments producing industrial wastes, also shall make application for a discharge permit to the district. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city sewer superintendent. A permit and inspection fee as established in the city fee schedule shall be paid to the city at the time the application is filed, together with any permit and inspection fees required by the district. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)
B. In the case of a partnership or proprietorship, a general partner or proprietor; and
C. An authorized representative of the individuals designated above, if:
1. Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
2. The authorization is in writing; and
3. The written authorization is submitted to the POTW.
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees centigrade (20°C), expressed in terms of weight and concentration (milligrams per liter (mg/l)).
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (11 m) outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal. Also called house connection.
BYPASS: The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
CAUSE: The separate antecedent of an event, that which produces an effect, whatever moves, impels or leads to a result or action; whether direct or indirect and whether alone or in concert with others.
CHEMICAL OXYGEN DEMAND: A measure of oxygen consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test. Results are not necessarily related to BOD because the chemical oxidant may react to substances that bacteria do not stabilize.
CITY: Lehi City, Utah, or the city council of Lehi City.
CITY SEWER SUPERINTENDENT: The city officer charged with the responsibility to maintain, repair, supervise and control the city sewer system.
COMBINED SEWER: A sewer to receive both wastewater and storm or surface water.
COMPOSITE SAMPLE: Samples, which are flow proportioned and shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and last sample shall not be less than six (6) hours nor more than twenty four (24) hours. Acceptable methods for preparation of composite samples are as follows:
A. Constant time interval between samples, sample volume proportional to flow rate at time of sampling;
B. Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. For the first sample, the flow rate at the time the sample was collected may be used;
C. Constant sample volume, time interval between samples proportional to flow (i.e., sample taken every "X" gallons of flow); and
D. Continuous collection of sample, with sample collection rate proportional to full rate.
DIRECT DISCHARGE: A discharge of treated or untreated wastewater directly to the waters of the state of Utah.
DISTRICT: The Timpanogos special service district, a special service district.
DISTRICT SUPERINTENDENT: The superintendent of wastewater facilities of the district or his authorized deputy, agent or representative.
EASEMENT: An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL: Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE: The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
GRAB SAMPLE: A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE: The introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the federal water pollution control act, also known as the clean water act, as amended, 33 USC section 1251 et seq.
INDUSTRIAL USER: Any person who introduces pollutants into a POTW from any nondomestic source regulated under the act, state law or local ordinance.
INDUSTRIAL WASTES: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
INTERFERENCE: Any discharge which alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and
B. Therefor is the cause of violation (including an increase in the magnitude or duration of a violation) of any requirement of the POTW's NPDES permit or federal, state or local sludge standards.
MAY: Is permissive.
NPDES OR STATE DISCHARGE PERMIT: A permit issued pursuant to section 402 of the federal water pollution control act (33 USC 1342).
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD OR STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 USC 1317), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR section 403.5, or any revision thereto.
NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW SOURCE: Any building, structure, facility or installation of which the construction commenced after the publication of proposed pretreatment standards under section 307(c) (33 USC 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
A. The construction is a site at which no other source is located; or
B. The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or
C. The production or wastewater generating processes are substantially independent of an existing source at the same site.
PASS-THROUGH: A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON: Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH: The logarithm (base-10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial and agricultural waste, or any other contaminant.
PRETREATMENT: The reduction, elimination or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR section 403.6(d).
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") (1.27 cm) in any dimension.
PUBLIC SEWER: A common sewer controlled by a governmental agency or public utility.
PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works, as defined by section 212 of the act, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes and equipment used to convey wastewater to the treatment facility. The term also includes the municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
SANITARY SEWER: A sewer that carries liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
SEWAGE: The spent water of a community. The preferred term is "wastewater".
SEWER: A pipe or conduit that carries wastewater or drainage water.
SHALL: Is mandatory.
SIGNIFICANT INDUSTRIAL USER: Any industrial user subject to national categorical pretreatment standards or any industrial user of the district wastewater disposal system who:
A. Has a discharge flow of twenty five thousand (25,000) gallons or more per average workday; or
B. Has a flow greater than five percent (5%) of the flow in the district wastewater treatment system; or
C. Has in its wastes toxic pollutants, as defined pursuant to section 307 of the federal water pollution control act, or state law or regulation; or
D. Is found by the POTW or the state to have significant impact, either alone or in combination with other contributing industries, on the wastewater treatment systems, the quality of sludge, the POTW's effluent discharge quality, or the air emissions generated by the system.
SIGNIFICANT NONCOMPLIANCE: An industrial user is in significant noncompliance (SNC) if its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined herein as those in which sixty six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
B. Technical review criteria (TRC) violations, defined herein as those in which thirty three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC.
C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
F. Failure to provide, within thirty (30) days after the due date, required reports, such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STATE: The state of Utah.
STORM DRAIN (Sometimes Termed STORM SEWER): A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER: Any flow occurring during or following any form of natural precipitation and resulting therefrom.
TOTAL SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.
TOXIC POLLUTANT: Any pollutant or combination of pollutants identified as toxic pursuant to section 307(a) of the federal water pollution control act or other federal statutes, or in regulations promulgated by the state under state law.
TREATMENT: The process to which wastewater is subjected in order to remove or alter any objectionable constituents and thus render it acceptable for introduction into the waters of the state.
UNPOLLUTED WATER: Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER: Any person who discharges to a public sewer.
WASTEWATER: The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated.
WATERCOURSE: A natural or artificial channel for the passage of water either continuously or intermittently.
WATERS OF THE STATE: Includes:
A. Both surface and underground waters within the boundaries of this state, subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey or dispose of sanitary sewage; and
B. The floodplain of free flowing waters determined by the department of natural resources on the basis of 100-year flood frequency. (Ord. 12-08-09.35, 12-8-2009)
A. Any person found to be violating any provision of this division except section 23-46 of this chapter, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding seven hundred fifty dollars ($750.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this division shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 539, § 1-3, 8-18-1983)
(1) Any person licensed as a firearms dealer pursuant to federal law at a business premises located within the village shall apply for and obtain a Northfield firearms dealer's license. A Northfield firearms dealer's license shall be required in addition to any other license required by law. Possession of a valid federal firearms dealer's license shall be deemed proof of being engaged in an activity requiring a federal firearms dealer's license and thus requiring a Northfield firearms dealer's license.
(2) Gun shows shall not be permitted within the village.
(3) Any person who becomes a federally licensed firearms dealer after September 1, 1994, and is required under this division to obtain a Northfield firearms dealer's license, shall apply for such license within fourteen (14) days of receipt of the federal firearms dealer's license.
(4) No person shall be licensed for more than one location within the village.
(5) No license issued under this division shall be transferable or assignable to any other person or any other location. (Ord. 95-831, 2-27-1995)
A. The POTW may suspend the wastewater treatment service or a wastewater contribution permit or cut off the sewer connection when such suspension or cutoff is necessary, in the opinion of the district, in order to stop an actual or threatened discharge which:
1. Presents or may present an imminent or substantial endangerment to the health or welfare of persons;
2. Presents or may present an imminent or substantial endangerment to the environment;
3. May cause or actually causes interference to the POTW; or
4. Causes the district to violate any condition of its NPDES or state discharge permit.
B. The district may reinstate the wastewater contribution permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
C. In the event of a suspension or cutoff under this section, within fifteen (15) days the user shall submit a written report describing the event that caused the suspension and the measures taken to prevent any recurrence. (Ord. 12-08-09.35, 12-8-2009)
A. Requirements to pay fees for the wastewater to be discharged to the POTW.
B. Effluent limitations on the average and maximum wastewater constituents and characteristics.
C. Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization.
D. Requirements for installation and maintenance of inspection and sampling facilities.
E. Requirements and specifications for monitoring programs, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
F. Compliance schedules, which may not extend compliance date beyond applicable federal deadlines.
G. Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard or pretreatment requirement.
H. Requirements for collecting/retaining and providing access to plant records relating to the user's discharge.
I. Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system.
J. Requirements for notification of spills, slug loadings or violations.
K. Requirements for installation, operation and maintenance of pollution control equipment.
L. Other conditions as deemed appropriate by the district to ensure compliance with this article, state and federal pretreatment standards and requirements.
M. Statement of applicable civil and criminal penalties for violation of permit conditions and requirements. (Ord. 12-08-09.35, 12-8-2009)
A. General Permits: All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. The POTW shall have the option of requiring all industrial users to have a wastewater discharge permit.
B. Permit Application: All SIUs and users required to obtain a wastewater discharge permit shall complete and file with the village of Fox Lake an application in the form prescribed by the village of Fox Lake, along with a permit fee of one hundred fifty dollars ($150.00) ninety (90) days prior to connecting to or contributing to the POTW.
In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address, and location (if different from the address) of owners and operator;
2. SIC number according to the "Standard Industrial Classification Manual", bureau of the budget, 1972, as amended;
3. Time and duration of discharges;
4. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly, or seasonal variations if any;
5. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by the size, location and elevation, an up to date water use schematic, and all points of discharge;
6. Description of activities, facilities, and all processes on the premises including those materials which are or could be discharged to the POTW;
7. Each product and/or byproduct produced by type, amount, process, and rate of production;
8. Type and amount of raw materials processed (average and maximum per day);
9. The nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standard, and a statement signed by an authorized representative of the user and certified by a qualified professional regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
10. Wastewater constituents and characteristics including, but not limited to, those mentioned in sections 7-3A-11 through 7-3A-21 of this article shall be determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR part 136, as amended;
11. Number and type of employees, the hours of operation of the pretreatment system and the proposed or actual hours of operation;
12. List of any environmental control permits held by or for the facility;
13. When additional pretreatment and/or O&M is required to meet the pretreatment standards; the user shall provide such additional pretreatment by the shortest schedule possible.
The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of any additional pretreatment equipment required by the user to meet any applicable pretreatment standards;
b. These increments of progress shall not exceed nine (9) months; (Ord. 2005-10, 3-15-2005)
c. No later than fourteen (14) days following each incremental date of the schedule, including the final date for compliance; the user shall submit a progress report to the director of the POTW. If any increment of progress is not met, the progress report shall contain detailed information as to the reason for the delay, and the steps being taken by the user to return to the construction schedule established in the compliance schedule. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
14. Any other information as may be deemed by the POTW to be necessary to evaluate the permit application.
C. Application Signatories And Certification: All wastewater discharge permit applications and user reports, including BMRs, compliance reports, and periodic compliance reports must be signed by an authorized representative of the user and contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
D. Review Of Permit Applications: The POTW will evaluate the data furnished by the user in the wastewater discharge permit application and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. After evaluation of all data furnished by the user, the POTW may issue a wastewater discharge permit. No temporary permits will be issued.
E. Permit Conditions: Wastewater discharge permits shall be expressly subject to all provisions of this article and other applicable regulations, user charges, and fees established by the POTW.
1. Wastewater Discharge Permit Requirements: Permits shall contain, as appropriate, the following:
a. Statement of duration (not greater than 5 years) including issuance and expiration dates. (Ord. 2005-10, 3-15-2005)
b. Effluent limitations based on the more stringent of national categorical pretreatment standards, or local limits as established by this article, state and local law. (Ord. 2011-18, 6-28-2011)
c. General and specific discharge prohibitions as established by sections 7-3A-12 and 7-3A-13 of this article.
d. This requirement to pay fines and/or surcharges when the wastewater discharged exceeds the limitations required by the permit and this article.
e. Limits on average and maximum flow rate and the time of discharge may be included in permits if deemed necessary by the POTW.
f. Requirements for installation and maintenance of inspection, sampling and monitoring facilities.
g. Requirements and specifications for self-monitoring programs including sampling locations, frequency of sampling, number and type of sample (grab or composite), reporting schedule, and standards for tests.
h. Compliance schedule when necessary.
i. Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard, 40 CFR 403.12, or this article.
j. Requirements for collecting/retaining and providing access to all plant records relating to the user's discharge and for providing entry for sampling and inspection of facilities.
k. Requirements for prompt notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater being introduced into the wastewater treatment system in advance.
l. Requirements for notification of spills, slug loadings (as defined herein), upsets, or other violations that could have the potential to cause a problem at the POTW.
m. Requirements to develop and implement spill and slug control plans.
n. Requirements for installation, operation and maintenance of pollution control equipment.
o. Requirements that the permittee provide other information to the POTW from time to time as may reasonably be required.
p. Statement of nontransferability, and conditions for modification or revocation of permit.
q. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
2. Change In Conditions: In the event the type, quantity or volume of wastewater from the property for which a wastewater discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or POTW, the permittee previously granted such permit shall give thirty (30) days' notice in writing to the POTW and shall submit a new permit application to the POTW prior to said change. No permittee shall materially or substantially change the type, quantity or volume of its wastewater beyond that allowed by its permit without prior approval by the POTW.
3. Duration: Wastewater discharge permits shall be issued for a specific time period not to exceed five (5) years. The permittee shall file an application for renewal of its permit at least ninety (90) days prior to the expiration of the user's permit. The industrial user shall apply, on a form provided by the POTW, for reissuance of the permit.
4. Modification: The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements identified in sections 7-3A-11 through 7-3A-21 of this article are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 403.0(e)), or net/gross calculations (40 CFR 403.15) or fundamentally different factor variance for nontoxics (40 CFR 403.13), of the general pretreatment regulations, the limits as modified shall be made a part of the wastewater discharge permit and shall be adjusted consistent with USEPA guidelines and regulations. The permit holder shall be notified of any proposed changes to their permit at least thirty (30) days prior to the effective date of the change. When a change is made to a significant industrial user's permit, a reasonable time period shall be given the significant industrial user to achieve compliance. Reasonable time required that a significant industrial user act in good faith to achieve compliance is by the shortest possible schedule.
5. Transfer: Wastewater discharge permits are issued to a specific user for the process activity specified in the permit. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the POTW. If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, then the permit held by the seller may be reissued by the POTW to the new owner as a short term permit and shall expire within ninety (90) days from the date of reissuance. The new owner shall apply for permit, on a form established by the POTW. The POTW shall have the same remedies for violations of short term permits as it has for violations of other discharge permits. (Ord. 2005-10, 3-15-2005)
A. Injunctive Relief: Whenever an industrial user has violated or continues to violate the provisions of this article, its wastewater discharge permit, or order issued hereunder, the director, through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
B. Civil Penalties:
1. Any industrial user who has violated or continues to violate the pretreatment ordinance or its wastewater discharge permit, or order issued hereunder, shall be liable to the POTW for a civil penalty at the discretion of the director, in the amount of one thousand dollars ($1,000.00) plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty, the POTW may also recover reasonable attorney fees, court costs, and any other applicable expenses associated with the enforcement activities including sampling, monitoring and inspections. (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)
2. The director shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
A. Name, address and location (if different from the address).
B. SIC number according to the "Standard Industrial Classification Manual", issued by the executive office of the president, office of management and budget, 1972.
C. Wastewater constituents and characteristics, including, but not limited to, those mentioned in section 9-4B-53 of this article.
D. Time and duration of contribution.
E. Average daily, maximum daily and thirty (30) minute peak wastewater flow rates in gallons per day, including daily, monthly and seasonal variations if any.
F. Site plans, floor plans, mechanical and plumbing plans, along with details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
G. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
H. The results of sampling and analysis identifying the nature and concentration of any pollutants in the discharge which are limited by any national categorical pretreatment standards or which are described in section 9-4B-53 of this article. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with wastewater regulated by a national categorical pretreatment standard prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR section 403.6(c) in order to evaluate compliance with pretreatment standards.
I. The shortest schedule by which the user will provide additional pretreatment or operation and maintenance, if required to meet pretreatment standards. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. In no case shall the increments of progress in the schedule exceed nine (9) months.
J. Each product produced by type, amount, process or processes and rate of production.
K. A listing of any toxic pollutant which the applicant uses or manufactures as an intermediate or final product or byproduct.
L. Type and amount of raw materials processes (average and maximum per day).
M. Number and type of employees, as well as hours of operation of plant and proposed or actual hours of operation of pretreatment system.
N. Signature of an authorized representative of the user and certified to by a qualified professional indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and additional pretreatment is required.
O. Any other information deemed by the district to be necessary to evaluate the permit application. (Ord. 12-08-09.35, 12-8-2009)
(1) Registration Required. No person shall engage in the business of electrical contractor without having first obtained a certificate of registration therefor as herein required. Applications for such certificates shall be made to the village clerk.
(2) Fee. The annual fee for registering as an electrical contractor shall be as prescribed in appendix D of this code.
(3) Definition. The term "electrical contractor" as used in this section is hereby defined as and shall be construed to mean any person, firm, or corporation engaged in the business of installing or altering electrical equipment for the utilization of electricity supplied for light, heat or power not including radio apparatus or equipment installed for or by public utilities, including common carriers which are under the jurisdiction of the Illinois commerce commission for the use in their operation as public utilities. A separate certificate shall not be required for each employee of an electrical contractor.
(4) Regulations. It shall be unlawful for any person registered under the provisions of this section to install any electrical equipment without strict compliance with the ordinances relating to such fixtures; and it shall be unlawful for any person to do any such work without having obtained such permits as may be required.
(5) Out Of Town Contractors. Out of town contractors shall obtain permits according to the following provisions: (1986 Code)
(a) Any electrical contractor who is registered as such in any other municipality of this state shall not be required to register or to pay a registration fee in this village. Every person registered in any other city or village in the state shall produce for inspection by the community development director or his/her designate his certificate issued by such other city or village before doing business in this village. (1986 Code; amd. Ord. 99-960, 1-25-1999)
(b) If any contractor does not have a current permit from any other municipality, he must obtain one before doing any work in this village. (1986 Code)
(1) Registration Required. No person shall engage in the business of heating, air conditioning, or refrigeration contracting without having first obtained a certificate of registration therefor as herein required. Applications for such certificates shall be made to the village clerk.
(2) Fee. The annual fee for registering as a heating, air conditioning, or refrigeration contractor shall be as presented in appendix D of this code.
(3) Definitions.
AIR CONDITIONING SYSTEM. Any air conditioning unit designed to cool the atmosphere of any building or rooms therein, which unit has a rated heat removal capacity in excess of twenty thousand (20,000) BTU per hour; and also any unit, regardless of size or rating, that is installed in such manner that it projects from a building where pedestrian traffic will pass below it.
HEATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTOR.
(a) Any person engaged in the business of installing, altering, or servicing, heating, air conditioning, or refrigeration systems;
(b) Any private nongovernmental utility if such utility installs heating, air conditioning, or refrigeration systems.
The term "heating, air conditioning, and refrigeration contractor" does not include:
(a) Any private or municipally owned public utility that supplies fuel and services and repairs heating or air conditioning appliances or equipment in connection with or as part of their business of supplying the fuel used in such appliances or equipment; or
(b) Any liquefied petroleum gas dealer; or
(c) Any electrical contractor registered or licensed as such under the provisions of this code.
HEATING SYSTEMS. Any heating unit intended to warm the atmosphere of any building or rooms therein.
REFRIGERATING SYSTEM. Any refrigerating unit other than an "air conditioning system" as defined in this section, which is used as an aid to any commercial enterprise but does not include a refrigerating unit used for family household purposes.
(4) Regulations. In order to provide for the safe design, construction, installation, alteration, inspection, and maintenance of heating, air conditioning, or refrigeration systems specified in this section, each license holder must conform and adhere to all of the specifications and restrictions relating to such installations as set forth in appendix C of this code.
(5) Out of Town Contractors. Out of town contractors shall obtain permits according to the following provisions: (1986 Code)
(a) Any heating, air conditioning, or refrigeration contractor who is registered as such in any other municipality of this state shall not be required to register or to pay a registration fee in this village. Every person registered in any other city or village in the state shall produce for inspection by the community development director or his/her designate his certificate issued by such other city or village before doing business in this village. (1986 Code; amd. Ord. 99-960, 1-25-1999)
(b) If any contractor does not have a current permit from any other municipality, he must obtain one before doing any work in this village. (1986 Code)
(1) Who May Obtain A License. No person shall conduct or operate a carnival or circus in the village unless proof is first provided that the circus or carnival is being held for the benefit of a school, charity, religious, civic or municipal organization. Approval of a license for a circus or carnival may be granted by the corporate authorities pursuant to this code and 65 Illinois Compiled Statutes 5/11-54.1-3.
(2) Sideshows And Concessions. Sideshows and concessions shall be separately licensed and the fee shall be as prescribed in appendix D of this code. (1986 Code)
A. Any real property or premises in the city in such a manner that any one or more of the following conditions are found to exist thereon:
1. Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.
2. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
a. The degree of partial construction or destruction and the cause therefor.
b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.
c. The degree of visibility, if any, of this condition from public or adjoining private real property.
d. The scope and type of work that is needed to abate this nuisance.
e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.
f. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.
g. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.
h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.
i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.
3. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six (6) months.
4. Any building or structure which has any or all of the following conditions or defects:
a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or it is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit.
b. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code.
c. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this code for a new building of similar structure, purpose or location.
d. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
e. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one and one-half (11/2) that specified in the California building code or California residential code (or other applicable building regulation) without exceeding the working stresses permitted in the California building code or California residential code (or other applicable building regulation).
f. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
g. Whenever the building or structure, or any portion thereof, because of dilapidation, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
h. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
i. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base.
j. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more of damage or deterioration to the member or members, or fifty percent (50%) of damage or deterioration of a nonsupporting enclosing or outside wall or covering.
k. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.
l. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the building code or uniform housing code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.
m. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting or in any supporting member less than sixty six percent (66%) of the strength, fire resisting qualities or characteristics required by law or ordinance in the case of like area, height and occupancy in the same location.
n. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.
o. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, ventilation, heating, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.
p. Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
5. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, pedestrianways, driveways, parking areas, and any detached or freestanding structure, that have become defective, unsightly or no longer viable, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition creates a hazard to persons using said building, structure, or way, or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to, this code, or other applicable law.
6. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.
7. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.
8. Windows or doors that remain boarded up or sealed after ten (10) calendar days' written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.
9. Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
10. Abandoned personal property that is visible from public or private property.
11. Any form of an attractive nuisance.
12. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates, or is contrary to, this code or other applicable law.
13. Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of this code; or items of junk, trash, debris, or other personal property that are visible from public or private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Temple City zoning code (including all approvals and permits required thereby), and all other applicable provisions of the Temple City municipal code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
14. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:
a. Render premises unsanitary or substandard as defined by the Temple City housing code, the state housing law, the Temple City building code, or other applicable local, state, or federal law, rule, or regulation;
b. Violate the Temple City health code, Los Angeles County health code, or any other health code adopted by and/or applicable in the city of Temple City;
c. Cause, create, or tend to contribute to, a fire or safety hazard;
d. Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;
e. Cause, create, or tend to contribute to, an offensive odor; or
f. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values. Provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Temple City zoning code, and all other applicable provisions of the Temple City municipal code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.
15. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitute an attractive nuisance or that are otherwise likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.
16. Holiday lights, decorations, or displays that are erected, installed, displayed, or maintained on exterior portions of real property more than thirty (30) calendar days before a federal, state, or religious holiday and/or more than fifteen (15) calendar days after a federal, state, or religious holiday.
17. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right of way.
18. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property in excess of seventy two (72) hours, unless otherwise authorized pursuant to a permit or other entitlement from the city.
19. Overgrown vegetation including, but not limited to, any one of the following:
a. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.
b. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:
(1) Lawns with grass in excess of six inches (6") in height.
(2) Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.
c. Vegetation that creates, or tends to create, the existence of a fire hazard.
d. Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right of way, so as to cause an obstruction to any person or vehicle using such public property.
e. Tree branches or other vegetation within five feet (5') of the rooftop of a structure so as to facilitate rodent or animal access thereto.
20. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:
a. An attractive nuisance;
b. A fire hazard;
c. The creation or promotion of dust or soil erosion;
d. A diminution in property values; or
e. A detriment to public health, safety or welfare.
21. Lack of landscaping or other ground cover in any yard area as otherwise required by the Temple City zoning code or other provisions of the city's municipal code.
22. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that said containers are visible from public streets, except when placed in places of collection at times permitted and in full compliance with this code.
23. The use, parking, or storing of any recreational vehicle as temporary or permanent living space.
24. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Temple City municipal code, including the Temple City zoning code.
25. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface within the front yard setback of any real property.
26. Parking spaces required by the Temple City municipal code, including the Temple City zoning code, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.
27. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.
28. Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed.
29. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the city.
30. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city.
31. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Temple City municipal code, including the Temple City zoning code.
32. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulkheads, utility high voltage towers and poles, utility high rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the rooflines of existing buildings, high rise freestanding chimneys and smokestacks, and recreational structures such as tennis courts and cabanas.
33. Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right of way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.
34. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right of way or from private real property.
35. Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.
36. Any discharge of any substance or material other than stormwater which enters, or could possibly enter, the city's storm sewer system in violation of this code.
37. Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:
a. A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered; and/or
b. Covering with a tarp performed pursuant to an active building or grading permit.
38. Maintenance of any tarp or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.
39. Maintenance of any tarp or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade.
40. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of this code.
41. Any noise that is made, generated, produced, or continued in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Temple City municipal code, including the noise limits set forth in the Temple City zoning code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to, the following:
a. The volume of the noise;
b. The intensity of the noise;
c. Whether the nature of the noise is usual or unusual;
d. Whether the origin of the noise is natural or unnatural;
e. The volume and intensity of the background noise, if any;
f. The proximity of the noise to residential sleeping facilities;
g. The nature of the zoning of the area from which the noise emanates;
h. The density of inhabitation of the area from which the noise emanates;
i. The time of day or night the noise occurs;
j. The duration of the noise;
k. Whether the noise is recurrent, intermittent, or constant;
l. Whether the noise is produced by commercial or noncommercial activity; and
m. Whether the noise is a consequence or expected result of an otherwise lawful use.
42. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.
43. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.
B. Any "unsafe building", "unsafe structure", "substandard building", or "substandard property" as defined by the Los Angeles County building code or Los Angeles County residential code, as adopted and amended by the Temple City municipal code.
C. Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in section 17920.3 of the California Health And Safety Code, and any future amendments thereto.
D. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the state of California, the provisions of this code, or any other ordinance of this city, including, but not limited to, the following acts:
1. Unlawful possession, use, and/or sale of controlled substances; and/or
2. Prostitution; and/or
3. Unlawful gambling.
E. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:
1. Disturbances of the peace;
2. Excessive and/or loud noise disturbances;
3. Consumption of alcohol in public and/or public intoxication;
4. Urination in public;
5. Harassment of passersby;
6. Theft, assault, battery, or vandalism;
7. Storage or sale of stolen goods;
8. Excessive littering;
9. Illegal parking or traffic violations;
10. Curfew violations;
11. School attendance violations;
12. Lewd and/or lascivious conduct; and/or
13. Excessive responses by the police department or other law enforcement personnel.
F. Any condition, use, or activity that constitutes a public nuisance as defined by sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.
G. Any building, structure, or use of real property that violates or fails to comply with: 1) any applicable approval, permit, license, or entitlement or condition relating thereto, 2) any ordinance of the city, including, but not limited to, any provision of this code, or 3) any applicable county, state, or federal law or regulation. (Ord. 11-950)
(1) Name and address of present place of residence and length of residence at such address, business address if other than residence address, and social security number;
(2) Name and address of the person, firm, corporation or association by whom the applicant is employed or represents, and the length of time of such employment or representation;
(3) Period of time for which the certificate applies;
(4) Statement as to whether applicant or any member of the solicitation team has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law. (Ord. 05-1249, 7-19-2005)
A. Whenever a code enforcement officer or other public official determines that city personnel may need to abate a public nuisance, he or she shall serve a written "notice of public nuisance and intention to abate with city personnel" (hereafter in this section and in subsequent sections of this article, the "notice of abatement") on the responsible person(s) that contains the following provisions:
1. The address of the real property on which the nuisance condition(s) exists.
2. A description of the nuisance condition(s).
3. A reference to the law describing or prohibiting the nuisance condition(s).
4. A brief description of the required corrective action(s); and
5. A compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).
6. The period and manner in which a responsible person may contest the notice of abatement as set forth in section 4-2C-13 of this article. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city forces or contract agents.
7. A statement that the city may record a declaration of substandard property with the Los Angeles County recorder's office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, with the compliance period specified in the notice of abatement, provided that a timely appeal therefrom has not been made.
B. The procedure in subsection A of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in section 4-2C-17, "Emergency Action To Abate An Imminent Hazard", of this article shall be followed.
C. The city's election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of a notice of abatement shall not obligate the city to abate a public nuisance. (Ord. 11-950)
A. Supervisor Of Licenses To Make Investigations: Upon receipt of an application, the Supervisor of Licenses, or his designee, shall make, or cause to be made, any investigation the Supervisor shall deem necessary in order to ensure that the terms and provisions of this Chapter are met.
B. Conditions Of Approval: The Supervisor of Licenses, or his designee, shall approve an application if the Supervisor is satisfied that the solicitation is not promoted or conducted primarily for the private profit of its promoters; that the applicant is in good standing as a charitable organization with the Oklahoma Tax Commission; and that the solicitation will not be incompatible with the protection of health, life, and property of the citizens. (Ord. 438, 4-6-1999)
A. The minimum size of a building sewer shall be four inches (4") in diameter.
B. The minimum slope of a building sewer shall be one and one-quarter feet (11/4') per one hundred feet (100') (1.25 percent slope).
C. Not more than one hundred eighty (180) fixture units shall be connected to a four inch (4") diameter building or side sewer. (Ord. 309 Art. 5, § 3, 1915)
Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in section 3-3A-50-1 of this article:
A. Buses as defined in the California Vehicle Code;
B. Trailers, including boat trailers, and semitrailers, as these are defined in the California Vehicle Code, and stand alone boats not connected to trailers;
C. Trailer coaches as defined in the California Vehicle Code; and
D. Recreational vehicles as defined in this article.
RECREATIONAL VEHICLE: A motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include:
Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy;
Motor Home: A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy;
Slide-In Camper: A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper;
Travel Trailer: A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. (Ord. 06-910)
(1) Permit Required. It shall be unlawful to engage in the business of moving or raising buildings in the village without having first obtained a permit therefor.
(2) Bond. Each building mover or raiser shall file a bond before moving or raising any building in the village, that shall protect and insure the village against loss or damage to its property and to save the village harmless from any loss, damage or liability resulting from the moving or raising of any building or the conduct of business of such mover or raiser in the sum of one million dollars ($1,000,000.00) with sureties to be approved by the village manager.
(3) Permits. Building movers or raisers shall file with the village clerk applications for, and shall secure the necessary permit for raising any building or moving any building on or over any public street, sidewalk, alley, or other public place. Applications must be filed at least fourteen (14) days prior to the proposed move.
(4) Fees. The permit fee for moving any building over any public street, alley, sidewalk, or other public way shall be as prescribed in appendix D to this code. (1986 Code)
(1) Name and address of present place of residence.
(2) Specific location of proposed newspaper vending machine(s).
(3) As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the village officers, directors, and employees against any loss or liability of damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newspaper vending machine(s) within the village.
(4) Every applicant for a permit for a newspaper vending machine(s) which will be located on a public right of way shall file with the village a copy of liability insurance covering all damage or injury that might be caused by the newspaper vending machine(s), issued by an insurance company authorized to do business in the state. The limits of liability shall be not less than one million dollars ($1,000,000.00) for property damage and personal injuries. The village, its officers, agents, and employees shall be named as additional parties insured. Such policy shall be maintained in force throughout the life of the permit. If at any time the policy shall not be in full force, the permit shall become null and void.
(5) Application shall be signed by the applicant. (Ord. 482, 10-28-1986)
(6) Also such additional information as the community development director or his/her designate may deem necessary to process the application. (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)
Permits shall be issued for the installation of a newspaper vending machine(s) without prior inspection of the location of such newspaper vending machine(s) and the installation, use or maintenance thereof shall be conditioned solely upon observance of the provisions of this ordinance. (Ord. 482, 10-28-1986)
A. A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a "public nuisance" as defined in this article, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney fees in accordance with the following subsections:
1. Attorney fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any person or the city.
2. The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.
B. Provided that the city has made an election to seek attorney fees, an award of attorney fees to a person shall not exceed the amount of reasonable attorney fees incurred by the city in that action or proceeding. (Ord. 11-950)
A. The point of intersection with the prolongation of the curb lines; or in the absence of such; or
B. The point of intersection of the prolongation of the edge of the paved roadway;
within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet (40') from the point of their intersection or in the case of rounded corners, the triangular area included between the reference point and the curb line or edge of paved roadway line forty feet (40') from the point of intersection. (1960 Code)
A. Applications are available from the office of the chief of police and must include the following information:
(1) The name and address of the organization making application, including the type of organization as defined in subsections 11-102A and B of this division.
(2) The location in which the chances for the raffle will be sold.
(3) The time span in which the chances will be sold for such a raffle.
(4) The time and place where the drawing will be held.
(5) The amount the player pays or agrees to pay for a chance (the maximum amount must be stated).
(6) The retail value of all prizes awarded for such raffle.
(7) The retail value of the single most valuable prize.
(8) The name and address of the presiding officer of the organization and the name and address of the manager or operator of the raffle.
(9) A sworn statement attesting to the not for profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization. (Ord. 90-627, 4-23-1990)
A. If, within the time specified in the notice and order, the property owner fails to comply with the notice and order by taking out a permit to board the building pursuant to this article, or apply for a stay pursuant to part 2 of this article, the city may cause the property to be boarded.
B. If the director of housing and neighborhood development determines that emergency conditions exist, the city may board the building.
C. If the city boards a building, the city shall send the property owner a bill for:
1. The fees and charges for services which would otherwise have been charged for the securing of a boarding permit pursuant to section 18.48.140 of this chapter;
2. The fee shown on the Salt Lake City consolidated fee schedule to partially recover the city's costs in administering the boarding; and
3. The actual costs of the boarding incurred by the city. (Ord. 24-11, 2011)
(1) The chief of police shall be assisted in the duties of administering the department by a deputy chief of police. The deputy chief of police shall be appointed by the chief of police from among those officers of the department having at least five (5) years of experience with the department.
(2) If the chief of police is of the opinion that there are no officers within the department who are qualified to hold the office of deputy chief of police, then the chief shall notify the village manager, in writing, of such circumstances. The chief of police and the village manager shall then seek to otherwise fill the office as may be permitted by law.
(3) The deputy chief of police shall be subject to removal or suspension by the chief of police, who shall promptly report such removal or suspension and the reasons therefor to the village manager. If the deputy chief of police held a rank within the police department prior to assuming the office of deputy chief of police, he or she may not be removed or suspended from said rank except according to the law governing such removal or suspension.
(4) The deputy chief of police shall have such duties as may be assigned to the chief of police. (Ord. 99-992, 9-27-1999)
A. The director of housing and neighborhood development shall take reasonable actions to notify the owners of buildings boarded as of the effective date hereof.
B. The notice shall generally inform the property owner of the enactment of the ordinance codified herein and shall notify the owner that a permit is required for the boarded building.
C. Owners of buildings boarded as of the effective date hereof shall apply for a permit no later than January 31, 1995.
D. The permit for buildings boarded as of the effective date hereof shall be processed as a new permit pursuant to the provisions of section 18.48.130 of this chapter or its successor.
E. To partially even the burden of processing applications, any owner of a building boarded as of the effective date hereof shall receive a discount of thirty percent (30%) of the fees required by section 18.48.140 of this chapter or its successor, if the owner applies for a permit prior to October 31, 1994. (Ord. 27-00 § 13, 2000: Ord. 80-94 § 2, 1994)
A. The exterior of a boarded building shall be maintained as required by relevant requirements set forth in sections 18.50.140 to 18.50.230 of this title. In particular, exterior walls and surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and damaged siding and roofing shall be replaced or repaired with similar materials and colors.
B. Doors, windows, special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the interior of a boarded building shall not be salvaged except upon the issuance of a predemolition salvage permit as provided in section 18.64.070 of this title.
C. If the owner of a boarded building fails to maintain the building and its premises as required by this section and section 18.64.045 of this title, the city may take appropriate legal action to enforce such requirements. (Ord. 94-12, 2012)
A. Enclosed Uses: All uses in the C-3 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the planning commission finds are customarily conducted other than in enclosed buildings. Exception: Bona fide sidewalk cafes shall be permitted based upon criteria set forth in the downtown specific plan.
B. Special Development Standards: When any lot in the C-3 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:
1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and
2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area of land used in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with this provision.
3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface areas, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the C-3 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.
4. Signs: All signs, advertising structures and the like, located upon such properties, and all driveways to and from such properties, shall, as far as is consistent with the public safety, be located remote from such R zoned properties, when such R zoned properties are located on the same side of the street as said C-3 zoned properties.
5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-3 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.
6. Change In Grade: Where it is contemplated to change the grade or elevation of such C-3 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit, and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.
7. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 88-631; Ord. 02-870)
A. Within the stay period, the building owner shall obtain either a boarding permit pursuant to this article or a building permit to rehabilitate the building.
B. If the owner obtains a boarding permit, the owner shall, at that time, pay all the fees required pursuant to this article.
C. If the owner obtains a building permit for rehabilitation, the owner shall not be required to pay the boarding application fee but shall pay, instead, the appropriate building permit fees. (Ord. 80-94 § 2, 1994)
(1) Residential.
(a) Roadside.
1. Roads with curbs - containers shall be placed behind the curb.
2. Roads without conventional curbs - containers shall be placed within a reasonable distance of the edge of the road. (Ord. 91-662, 1-28-1991)
3. All garbage, rubbish, and landscape waste containers shall be securely closed and placed for collection, along with the recyclable materials, at roadside not earlier than five o'clock (5:00) P.M. of the day preceding the day scheduled for collection from such residence. The containers shall be removed from the roadside by eight o'clock (8:00) A.M. the day following collection. (Ord. 91-662, 1-28-1991; amd. Ord. 03-1178, 10-9-2003)
4. Such containers shall not be placed within an alley, street, or walkway of the village, but shall be entirely inside the lot line of such premises.
(b) Backdoor. All solid waste containers shall be placed outside of any building, garage or porch, at ground level, unless a sunken type of garbage can is used.
(2) Multi-Family, Institutional, Commercial, And Industrial. Approved rodentproof containers shall be placed in the rear yard of said property. All solid waste containers shall be placed in an enclosed area. (Ord. 91-662, 1-28-1991)
A. There shall be a minimum distance of five hundred feet (500') between outdoor advertising structures.
B. No outdoor advertising structure shall project over a public right of way.
C. All outdoor advertising structures shall observe the yard requirements of the zone in which located.
D. All outdoor advertising structures on corner lots shall maintain a distance no less than twenty five feet (25') from either intersection street right of way.
E. No outdoor advertising structure shall exceed a height of twenty six feet (26') measured from grade level of the lot upon which such structure is located to the highest part of the sign structures.
F. Illumination of outdoor advertising structures shall not interfere with traffic signals or shine directly onto residential zones.
G. No rotating, revolving or flashing lighting devices shall be made a part of any outdoor advertising structure.
H. All outdoor advertising structures shall be mounted on steel supports.
I. No outdoor advertising structure shall be so oriented that it can be read by motorists on any federal, state or county freeway.
J. Backs of single faced outdoor advertising structures shall be covered with a material approved by the city.
K. All outdoor advertising structures shall be maintained in a neat and orderly condition, with no chipped, peeling or cracked paint, no broken supporting members or broken frames, and no torn or peeling paper.
L. All utility services shall be provided underground.
M. There shall be a minimum distance of two hundred feet (200') from a residential zone to any outdoor advertising structure. (1960 Code; amd. Ord. 81-510)
Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which is or may be detrimental to the safety, welfare, health, peace and morals of the city and its residents.
Any use not specifically authorized in section 9-1N-1 of this article.
Billboards and off premises advertising structures.
Wholesale business establishments. (1960 Code)
A. Information. A person seeking issuance of a permit pursuant to this division shall file an application with the village manager at least seventy two (72) hours before the desired production date. The application shall state: (Ord. 91-689, 8-26-1991; amd. Ord. 03-1167, 8-19-2003)
(1) The title of the production to be filmed or taped;
(2) The name, address and phone number of the applicant production company;
(3) The name and phone number of the producer and the director;
(4) The name, phone number and address of the location coordinator and the name and phone number of the Illinois Film office representative for the production;
(5) The type of production;
(6) The production schedule;
(7) The proposed location(s) of production;
(8) A general description of the script or content of the production, as well as a description of any proposed special effects for the production;
(9) The anticipated need of the village personnel, equipment and/or property;
(10) An agreement to indemnify and hold harmless the village and its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives from and against any loss, damage, expense, claims, costs of every nature and kind arising out of or in connection with any filming or taping, or by reason of issuance of any permit, or the use of public property, or the assistance of the village personnel; and
(11) Any other information which the village manager shall find reasonably necessary to determine whether permit should issue hereunder.
B. Certificate Of Insurance. The applicant shall attach to such application a certificate of insurance, naming the village and its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives as additional insureds, in the amount of ten million dollars ($10,000,000.00) general liability, including bodily injury, property damages and automobile liability. Such certificate shall include the following language:
The Village of Northfield, its Corporate Authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives are made additional insureds with respect to any and all claims which arise out of, or are in any way related to, the operations of [the film maker] while present in the Village of Northfield.
The applicant shall also attach to such application proof that the appropriate worker's compensation and employer's liability insurance have been provided for the employees of the filming company. (Ord. 91-689, 8-26-1991)
The village board may, on written recommendation of the village attorney, reduce the insurance requirement to not less than two million dollars ($2,000,000.00) if the applicant can demonstrate that the production will not, under any reasonable set of circumstances, expose the village to potential liability in excess of the reduced amount and that providing of ten million dollars ($10,000,000.00) of insurance will impose such a hardship that it will prevent the activity from occurring. (Ord. 99-960, 1-25-1999)
C. Report On Discussions With Property Owners In The Affected Neighborhoods. The applicant shall provide a short written description of and schedule for the proposed production of the owners and residents of each property in the affected neighborhood (as defined by boundaries set by the village manager). The applicant shall talk with owners and residents of all such property and submit as part of the application a report noting any owner or resident's reaction along with the addresses and phone numbers of all such property owners and residents.
D. Vehicles And Equipment. The applicant must submit a report listing the number of vehicles and types of equipment to be used during the production including their proposed parking locations. Such locations are subject to the specific approval of the village manager in order to maintain traffic safety.
E. Effect Of Permit. A permittee shall fully comply with all applicable ordinances as if the same were fully set forth in such permit.
F. Time Period Of Permit. The authorization granted pursuant to and in accordance with the application shall be for a specific time period to be determined by the village. (Ord. 91-689, 8-26-1991)
A. Right Of Entry: The superintendent and other duly authorized employees of the city shall have the following right of entry:
1. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under CFR 403.12(o) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under section 308 of the act.
2. Identify and locate all possible industrial users which might be subject to the POTW pretreatment program. Any complication, index or inventory of industrial users made under this paragraph shall be made available to the regional administrator or director upon request.
3. Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under subsection A2 of this section. This information shall be made available to the regional administrator or director upon request.
4. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year.
5. Investigate instances of noncompliance with pretreatment standards and requirements, as indicated in the reports and notices required under CFR 403.12, or indicated by analysis, inspection, and surveillance activities described in subsection A1 of this section.
6. Require: a) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements and b) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including, but not limited to, the reports required in CFR 403.12.
7. Any industrial user or POTW subject to the reporting requirements established in CFR 403.12(o) (including documentation associated with best management practices) shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director and the regional administrator (and POTW in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the regional administrator.
B. Confidential Information: The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. Safety: While performing the necessary work on private properties referred to in subsection A of this section, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employee, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in subsection 23-45F of this chapter.
D. Use Of Easements: The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 539, § 1-4, 8-18-1983; Ord. 793, 1-4-2011)
A. Application And Fees: An application for a site plan review shall be filed with the Planning Division on the prescribed application form and shall be accompanied by the following:
1. A completed environmental information form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project (not required for counter site plan reviews);
2. Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately; and
3. Required fee(s).
B. Scope Of Review: Where a site plan review is required for construction under the provisions of this article, the following aspects of the project are to be reviewed by the approval body:
1. The location of the construction in relation to location of buildings on adjoining sites, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;
2. The degree to which the construction will complement and/or improve upon the quality of existing development in the vicinity of the proposed construction and the extent to which adverse impacts to surrounding properties can be minimized;
3. The effect of the proposed construction on surrounding uses, including ensuring minimum disruption to such uses;
4. Whether the development standards set forth in this chapter applicable to the construction have been satisfied;
5. Whether the design guidelines applicable to the construction set forth in this chapter have been substantially met.
C. Development Review Committee (DRC) Review: All minor and major site plan reviews require review by the Development Review Committee.
1. Membership: The DRC shall consist of the Director, or designee, and representatives of all City departments and contract agencies (e.g., public works, fire, police) involved in approval of new development.
2. Duties And Authority: The duties and responsibilities of the DRC shall be to review the proposed construction, provide applicants with appropriate design comments, provide project conditions, and make recommendations to the Director, or the commission, as provided by this chapter.
D. Public Hearing Required: All major site plan reviews shall require a public hearing in accordance with section 9-1E-3 of this part. Minor site plan reviews do not require a public hearing. However, the Director may, due to the nature of a proposed project, require that a public hearing be held for a minor site plan review.
E. Noticing For Single-Family Residences: New two-story single-family residences or additions above the first story to a single-family residence requires that the owners of properties within one hundred feet (100') of a proposed project be notified ten (10) days prior to the Community Development Director approving the project.
F. Approval Body: The Director, or designee, shall be responsible for the approval of site plan reviews, except, under the following conditions:
1. When a site plan review is sought in conjunction with another application that requires Planning Commission review, the Planning Commission shall become the approval body.
2. When a site plan review also involves concessions under the State's Density Bonus Law. The City Council is the approval body upon recommendation of the Planning Commission.
G. Findings Of Fact: All minor and major site plan reviews require the approval body make findings of fact in order to approve a site plan review application. The approval body shall issue the decision and the findings upon which the decision is based in writing. The approval body may approve a site plan review application with or without conditions, if all of the following findings are made:
1. The construction complies with all applicable provisions of this chapter;
2. The construction is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the City for the site and vicinity;
3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA);
4. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area;
5. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features. (Ord. 13-980)
(1) The chief of police or his designate shall administer the licensing of firearms dealers and shall approve or deny all applications for licenses or permits and revoke existing licenses and permits pursuant to this division.
(2) The chief of police may promulgate reasonable rules, definitions and regulations necessary to carry out the duties imposed by this division; including, but not limited to, developing reasonable procedures consistent with existing practices of licensing persons engaged in the business of dealing in firearms, and including seeking the assistance of other law enforcement agencies advisable to conduct investigations or inspections in connection with this division. (Ord. 95-831, 2-27-1995)
(1) It shall be unlawful for any person to engage in the business of collection and disposal of solid waste within the village of Northfield without first obtaining a license therefor. This section shall not apply to persons collecting grass clippings and other lawn debris in connection with lawn care or landscaping service. (Ord. 95-841, 4-24-1995)
(2) Application for issuance of such license shall be made in accordance with the general licensing provisions of the pertinent ordinances of the village of Northfield. The annual license fee shall be as prescribed in appendix D of this code, payable at the beginning of each year. The license shall expire on December 31 following its issuance.
(3) No license shall be issued to a refuse collection firm which has an owner, officer, director or five percent (5%) shareholder who has been convicted of a felony or is not of good character and reputation in the community in which he resides. The names and addresses of all employees shall be kept on file with the village of Northfield. Application for a license shall be deemed to give consent to the village of Northfield to conduct a background check on such owner, officer, director, or five percent (5%) shareholder.
(4) Any employee who has previously been or during the term of the exclusive contract found guilty of any felony, drunk or "on drugs" driving, or crime of moral turpitude shall not perform any work within the village of Northfield. (Ord. 91-662, 1-28-1991)
(5) The contractor must submit, as requested by the village, complete financial statements and references as to financial responsibility, together with complete verified list of its officers, stockholders and/or partners, debt holders, if any, and if a subsidiary, the name of the parent company and promptly advise the village, in a form satisfactory to the village in writing, of any changes. Any officer, director or five percent (5%) shareholder may also be required to submit such personal financial information as required by the village. (Ord. 95-841, 4-24-1995)
(6) The contractor must have adequate and sufficient equipment, personnel and financial responsibility to render service to any customer requesting it in accordance with the provisions of this article.
(7) The contractor must provide all of the services identified in the exclusive solid waste contract with the village of Northfield.
(8) The contractor must perform all of the services identified in the exclusive solid waste contract with the village of Northfield at the established rates as defined herein.
(9) The contractor must maintain an open and staffed telephone service Monday through Friday during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. to respond to inquiries, requests and complaints as to services rendered pursuant to the exclusive solid waste contract. (Ord. 91-662, 1-28-1991)
(10) The contractor shall agree to indemnify, save and keep harmless the village from any and all loss, cost, damage, expense or liability of any kind whatsoever, which the village may suffer or which may be recovered against the village from or on account of the issuance of the license or from or on account of any activity advocated or permitted by the license in the village of Northfield. The contractor shall furnish the village a certificate of insurance for the insurance amounts as indicated in the current contract, but at not less than:
(a) Workers' compensation and occupational diseases insurance: Statutory amount for Illinois and employers' liability insurance of one million dollars ($1,000,000.00) per accident.
(b) General Liability Insurance:
1. Bodily injury with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;
2. Property damage, with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;
3. Contractual insurance - broad form, with limits of not less than one million dollars ($1,000,000.00) occurrence/two million dollars ($2,000,000.00) aggregate.
(c) Automotive liability insurance:
1. Bodily injury, with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;
2. Property damage with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate. (Ord. 95-841, 4-24-1995)
(11) The contractor shall ensure that all garbage, rubbish and landscape waste is removed from the village at the close of each day of collection and shall be disposed of at lawfully operated sanitary landfill sites and composting facilities located outside of the village or at an approved transfer site. All recyclable materials collected shall be removed from the village at the close of each day of collection and transported to a suitable processing center or market.
(12) The contractor shall not store equipment and material, including solid waste, within the village of Northfield.
(13) In the event the duly licensed solid waste collection firm violates any provisions of this article, the village shall have the right, in addition to enforcing against such firm the penalties provided in section 1-13 of this code, to immediately revoke the license of such solid waste collection firm and terminate the exclusive solid waste contract.
(14) No license shall be issued to any applicant who is unable to comply with foregoing subsections (3) through (12), inclusive, of this section. (Ord. 91-662, 1-28-1991)
A. The total allocation of the pollutants to each existing industry will be established for the industrial dischargers of each pollutant as the number of industries is obtained by sampling and analysis, and wastewater discharge permit applications are received, with specific limitations on discharges established in the individual discharge permits. (Ord. 2005-10, 3-15-2005)
B. Discharges from each separate discharge of a user, as measured under the provisions of this article, shall not exceed the following daily maximum concentrations. Multiple industrial wastewater discharges from a permitted facility may be combined in a flow weighted manner to determine compliance, upon approval by the POTW. The following concentration limitations, are based upon a twenty four (24) hour composite sample, except as noted where a grab sample is required:
| Pollutant |
Daily Maximum Concentration (mg/l) Prior To Surcharge (If Applicable) |
Range Of Surcharge Concentration (mg/l) |
Absolute Ceiling Limit |
|---|---|---|---|
| Ammonia | 23 | 23 - 90 | 90 |
| Arsenic | 0.24 | n/a | 0.24 |
| BOD5 | 188 | 188 - 650 | 650 |
| Barium | 5.00 | n/a | 5.00 |
| COD | 565 | 565 - 1700 | 1700 |
| Cadmium | 0.04 | n/a | 0.04 |
| Chromium (hexavalent) | 0.22 (grab) | n/a | 0.22 |
| Chromium (total) | 4.00 | n/a | 4.00 |
| Chromium (trivalent) | 4.00 (grab) | n/a | 4.00 |
| Copper | 1.00 | n/a | 1.00 |
| Cyanide | 0.03 (grab) | n/a | 0.03 |
| FOG (nonpolar) | 50 | n/a | 50 |
| FOG (polar) | 100 | n/a | 100 |
| Fluoride | 2.5 | ||
| Hydrogen sulfide (volatile) | 10.0 | n/a | 10.0 |
| Hydrogen sulfide (water) | 0.50 | n/a | 0.50 |
| Iron (total) | 10.00 | n/a | 10.00 |
| Lead | 0.10 | n/a | 0.10 |
| Manganese | 1.00 | n/a | 1.00 |
| Mercury | 0.0005 | n/a | 0.0005 |
| Nickel | 2.70 | n/a | 2.70 |
| pH | 6.0-9.0 pH units (grab) | n/a | 6.0-9.0 pH units (grab) |
| Phenols | 3.00 (grab) | n/a | 3.00 |
| Phosphorus | 25.0 | 25 - 75 | 75.0 |
| Radium (226 + 228) | 5.00 pCi/l | n/a | 5.00 pCi/l |
| Selenium | 0.80 | n/a | 0.80 |
| Silver | 0.25 | n/a | 0.25 |
| TDS | 1000 | ||
| TSS | 213 | 213 - 533 | 533 |
| Zinc | 1.50 | n/a | 1.50 |
(Ord. 2011-18, 6-28-2011)
In the discretion of the director, a nonuniform allocation (NUA) may be applied for certain pollutants, such as TDS and fluoride, and if applied shall be based on treatment plant loadings, removal efficiencies, POTW discharge limitations and historical industrial data. Nonuniform allocation pollutant limits shall only be considered for those facilities whose discharge concentrations and loadings do not inhibit or disrupt the POTW and any of its processes including sludge use and disposal. Nonuniform limits shall be reviewed beginning after the close of the village's fiscal year, with any changes incorporated into individual discharge permits by January 1 of each year or at such other times as deemed necessary by the POTW. (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)
C. Specific limitations on pollutants, except pH, shall be met at all times by all dischargers.
D. Dischargers which are monitoring so as to provide a permanent, continuous pH record may be outside the specified range for a total of not more than fifteen (15) minutes in any day. The above excursion must be accidental and less than 1 pH unit above or below the specified range.
E. The POTW reserves the right to require mass limitations rather than concentration limitations on a discharger, except that no such mass limitations shall exceed the daily maximum concentration limits as established and herein set forth.
F. The POTW reserves the right to grant a variance to specific limitations if such a variance is authorized under federal, state or local laws.
Compliance with the provisions of this section shall be required no later than one hundred eighty (180) days after adoption of this article. (Ord. 2005-10, 3-15-2005)
A. No wastewater discharge permit shall be issued by the POTW to any person or industrial user whose discharge of material to sewers, whether shown by permit application or determined by inspection and/or sampling as conducted by the POTW, is not in conformity with any POTW ordinances or regulations, or whose application is incomplete, or does not comply with the requirements of subsection 7-3A-23B of this article. The POTW shall state the reason or reasons for denial in writing, which shall be mailed or personally delivered to the applicant within ten (10) days after denial of the permit application. (Ord. 2005-10, 3-15-2005)
B. If the POTW refuses to grant or grants with conditions a wastewater discharge permit under sections 7-3A-22 through 7-3A-28 of this article, the applicant may, within thirty five (35) days, petition for a hearing before the board of trustees to contest the decision by the POTW. The board of trustees shall review the permit application, the written denial or permit conditions and such other evidence and matters as the applicant and POTW director shall present. The decision of the board of trustees shall be final. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
A. Required Lot Area: Each lot in the R-2 zone shall have a minimum lot area of not less than:
1. The number following the zoning symbol. If such number is less than one hundred (100), it shall mean acres, and if such number is more than one hundred (100), it shall mean square feet; or
2. Five thousand (5,000) square feet when no number follows the zoning symbol;
3. Provided that no lot shall be created after the effective date of these regulations having less than seven thousand two hundred (7,200) square feet of lot area.
B. Lot Width: Each lot or parcel of land in zone R-2 shall have a minimum lot width of not less than fifty feet (50'), providing that no lot shall be created on or after August 18, 1967, having a lot width less than sixty feet (60'), except as follows:
1. Where more than two (2) single-family dwellings or more than one two-family dwelling are proposed for any recorded R-2 zoned lot, there shall be a minimum required lot width of fifty feet (50'), or, if such lot is located on a cul-de-sac street, there shall be a minimum required lot width of thirty five feet (35').
C. Yards:
1. Front Yards: Each lot in the R-2 zone shall maintain a front yard of not less than twenty feet (20') in depth.
a. Front Yard Determination: In any of the following situations at the time of any new construction or development or at the request of any property owner seeking clarification the front yard and front yard setback shall be determined by the community development director. Any decision of the director may be appealed to the planning commission and any decision of the planning commission may be appealed to the city council in accordance with the procedures established by sections 9-1F-24 through 9-1F-29 of this chapter:
(1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot.
(2) Any lot which is noncontiguous to any public street but has access thereto by private easement.
(3) Any lot which has less than thirty five feet (35') of frontage on a public street.
2. Side Yards: Each lot in the R-2 zone shall maintain the following side yards:
a. Interior Lots: Interior lots shall maintain side yards as follows:
| Single-story structures | 5 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
b. Corner Lots: Each corner lot shall maintain the following side yard requirements:
(1) On the side lot line which abuts another lot the side yard shall be as follows:
| Single-story structures | 5 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
| Single-story structures | 10 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
3. Rear Yard: Each lot in zone R-2 shall maintain a rear yard of not less than fifteen feet (15') in depth.
D. Open Space: Each lot in the R-2 zone shall be maintained with usable, landscaped open space and developed open space areas, provided that the requirements of this subsection which apply only to R-2 lots upon which new residential structure(s) are erected after the effective date of these regulations.
1. Required usable, landscaped open space: There shall be a minimum of five hundred (500) square feet of landscaped open space per dwelling unit.
2. All dwelling units for which open space is required shall have and maintain suitable access thereto.
3. Development details for open space:
a. A maximum of fifty percent (50%) of the required landscaped open space may be covered by a cabana or patio cover.
b. A maximum of fifty percent (50%) of the required landscaped open space may be provided in the form of common recreational areas.
c. All open areas except driveways, parking areas, walkways, swimming pools, utility areas, improved decks, patios, porches or play areas, between the front lot line and the rear line of the main building, or buildings if there is more than one, shall be maintained with appropriate landscaping.
d. Whenever a driveway is located within a required side yard, and when dwelling units face said yard, a landscaped area at least five feet (5') wide shall be maintained between such a driveway and any dwelling on the same lot. Walkways may encroach not more than thirty inches (30") into this landscaped area.
E. Height Limits: No lot or parcel of land in zone R-2 shall have a building or structure in excess of two (2) stories or thirty feet (30') in height. Subterranean or semisubterranean parking shall be considered a story and shall be prohibited. (For purposes of this section, subterranean or semisubterranean parking shall mean any construction project which proposes excavation, grading and/or mounding of earth so as to change the existing grade of the lot by more than 18 inches for the specific purpose of accommodating parking beneath living area.)
1. In the front thirty feet (30') of a lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property line.
F. Off Street Parking: Each lot or parcel of land in zone R-2 shall have on the same lot or parcel of land two (2) off street parking spaces per dwelling unit, each of which shall be located in a garage. Such parking facilities shall be conveniently accessible and located only at a place where the erection of structures is permitted.
G. Floor Area Ratio Requirement: No multiple-family residential project consisting of more than one dwelling unit shall exceed a total floor area ratio (FAR) of 0.50, including enclosed garage.
1. The second story floor area of any dwelling unit shall not exceed seventy five percent (75%) of the first story floor area, including the garage area of an attached garage.
H. Site Plan Review: Construction of any new dwelling or any substantial remodel or alteration of an existing dwelling in the R-2 zone shall require a site plan review.
I. Special Development Criteria:
1. For an attached multi-unit structure, no linear wall along the side of a second story building shall extend longer than twenty feet (20') without an offset of four feet (4') or, alternatively, twenty four feet (24') without an offset of five feet (5') for a distance of not less than eight feet (8').
2. For a detached single unit, no linear wall along the side of a second story building shall extend longer than twenty four feet (24') without an offset of two feet (2') for a distance of not less than eight feet (8').
3. Balconies may be placed along a front elevation or along a central driveway, where dwelling units on the same parcel are situated on both sides of a so called double loaded driveway. Balconies shall be prohibited on the side and rear elevations where a unit faces a structure on an adjacent property.
4. Any guest parking space which is abutted by a single wall shall be twelve feet (12') in width; any guest parking space which is abutted on both sides by a wall shall be fourteen feet (14') in width.
5. Guest parking spaces shall be improved with grasscrete, turf block or similar material to allow better permeability and less runoff.
6. At least forty percent (40%) of the lot area shall be permeable. Furthermore, at least twenty five percent (25%) of the lot area shall be landscaped. The required landscaped area shall not include permeable pavers, turf block, or grasscrete, but shall include lawn area, shrubs, or flowerbeds.
7. At the terminus of an access driveway that serves two (2) or more dwelling units, there shall be extensive tall growing shrubbery, such as American arborvitae (Thuja occidentalis). Alternatively, an architectural enhancement, such as a decorative trellis combined with appropriate vines or comparable landscaping could be provided to enhance the view of multiple-family development projects from the street.
8. Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way.
9. Portable shade structures shall be prohibited in the front yard and in the street side yard.
10. "Open space", as defined in section 9-1A-9 of this chapter, shall be required as follows: Five hundred (500) square feet for each dwelling unit.
11. Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.
12. The following parking requirements shall be made:
a. For each unit: Two and one-half (21/2) spaces of which two (2) shall be enclosed, one-half (1/2) open.
b. Tandem parking shall be prohibited. Exception: Guest parking shall be permitted in tandem for individual dwelling units in instances where the proposed dwelling unit is a detached dwelling unit with a private two (2) car garage, equipped with roll up type garage door(s) and automatic garage door opener and where vehicular access is provided directly from a public street.
c. Underground parking may be required to have special safety provisions as required by the fire department and building and safety department.
d. No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time.
13. All utilities shall be placed underground.
14. The following minimum gross floor area shall be required:
| Bachelor units | 600 square feet |
| 1 bedroom units | 750 square feet |
| 2 bedroom units | 900 square feet |
| 3 bedroom units | 1,100 square feet |
Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit.
15. Adequate trash and garbage collection and pick up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.
16. Plumbing (gas and water) shutoff valves. Separate fullway shutoff valves shall be provided to each dwelling unit.
17. Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.
18. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials.
19. Landscaping and exterior lighting plans must be submitted to the planning director for review and approval with the site plan.
20. A single area having a minimum of one hundred sixty (160) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking.
21. A dwelling unit(s) nearest the front property line shall have a "front elevation" as viewed from the street as opposed to a "side elevation" and shall have the front door situated along the building wall nearest the street.
22. New dwellings constructed within five hundred feet (500') of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society Of Heating, Refrigerating And Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein.
J. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1M-12J of this article.
K. Conditional Use Permit Required: Repealed.
L. Automatic Fire Sprinkler System: An automatic fire sprinkler system shall be installed throughout all new attached residential dwellings, including attached garages, in the R-2 zone. Said sprinkler system shall comply with the requirements of NFPA 13 or NFPA 13D as determined by the fire department. (1960 Code; amd. Ord. 80-496; Ord. 85-562; Ord. 85-569; Ord. 87-621; Ord. 88-630; Ord. 90-663; Ord. 90-668; Ord. 90-680; Ord. 90-681; Ord. 91-704; Ord. 05-896; Ord. 07-916; Ord. 13-972)
A. Industrial users shall provide necessary wastewater treatment as required to comply with this article, federal pretreatment standards and permit conditions, and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.
B. Any facilities required to pretreat wastewater shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the district for review and shall be approved by the district before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this article and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the district prior to the industrial user's initiation of the changes. (Ord. 12-08-09.35, 12-8-2009)
A. The city may install measuring devices at any time to determine the amount of wastewater and/or collect BOD samples and the city council may change said sewer service charges and provide for the charges for other than normal domestic sewage from time to time by resolution or minute entry which shall become part of schedules 1 through 9 (attached to the ordinance codified herein and on file in the office of the clerk-treasurer), without the necessity of amending this article and which shall be the effective sewer service charge thereafter.
B. Revisions of the equivalent user charge and schedule shall be based upon actual operation, maintenance and administrative expenses and requirements for funding bond obligations as provided by law and will take into consideration significant changes in total number of equivalent users and the equivalent user charge will be reviewed annually and updated to reflect actual costs. (Ord. 309 Art. 9, § 3, 1975)
A. Enclosed Uses: All uses in the C-2 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the planning commission finds are customarily conducted other than in enclosed buildings. Exception: Bona fide sidewalk cafes shall be permitted based upon criteria set forth in the downtown specific plan.
B. Special Development Standards: When any lot in the C-2 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:
1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and
2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area of land used in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with the provision.
3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface areas, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the C-2 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.
4. Signs: All signs, advertising structures and the like, located upon such properties, and all driveways to and from such properties, shall, as far as is consistent with the public safety, be located remote from such R zoned properties, when such R zoned properties are located on the same side of the street as said C-2 zoned properties.
5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-2 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.
6. Change In Grade: Where it is contemplated to change the grade or elevation of such C-2 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit, and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.
7. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 88-631; Ord. 02-870)
A. National categorical pretreatment standards;
B. State pretreatment requirements; or
C. Local limitations calculated by mass balance or other valid scientific method necessary to protect the POTW from materials described in section 9-4B-53 of this article. (Ord. 12-08-09.35, 12-8-2009)
A. Violations; Generally: Any industrial user who wilfully or negligently violates any provision of this article, of a wastewater discharge permit, or any order issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than three (3) months or both.
In the event of a second conviction, the user shall be punishable by a fine of at least one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than six (6) months or both. (Ord. 2011-18, 6-28-2011)
B. Falsifying Information: Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, a wastewater discharge permit or order issued hereunder, or knowingly renders inaccurate any monitoring device or method required under this article, upon conviction, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than six (6) months or both. (Ord. 2005-10, 3-15-2005; amd. Ord. 2006-34, 8-22-2006)
A. Lots:
1. Area: The minimum required area of each lot hereinafter created in the R-3 zone shall be ten thousand (10,000) square feet.
2. Width: The minimum lot width of R-3 zoned lots shall be fifty feet (50'); provided that no new lot shall be created after the effective date of this regulation having less than the following number of minimum widths:
a. Interior lots shall have a width of not less than eighty feet (80').
b. Corner lots shall have a width of not less than one hundred feet (100').
3. Permissible Lot Coverage: Buildings, including accessory buildings and structures, shall not cover more than fifty percent (50%) of the area of any lot. Furthermore, at least twenty percent (20%) of the lot area shall be permeable; these areas may be maintained with landscaping, appropriate ground cover, permeable pavers or other acceptable pervious materials, but may not be covered with structures, concrete or asphalt.
B. Buildings:
1. Length: No building or structure shall exceed a length of one hundred fifty feet (150').
2. Height Limits:
a. R-3 zoned lots except those adjoining R-1 zoned lots: Buildings shall not exceed a maximum height of three (3) stories or forty feet (40'), whichever is less.
b. R-3 zoned lots adjoining R-1 zoned lots: Buildings shall not exceed a maximum height of two (2) stories or thirty feet (30'), whichever is less.
3. Lot Area Per Dwelling Unit:
a. R-3 zoned lots except those adjoining R-1 zoned lots: Lot area per dwelling unit shall not exceed two thousand one hundred seventy eight (2,178) square feet nor be less than one thousand four hundred fifty two (1,452) square feet.
b. R-3 zoned lots adjoining R-1 zoned lots: Minimum lot area per dwelling unit shall be two thousand four hundred (2,400) square feet.
4. Minimum Gross Floor Area For Dwelling Units:
a. Bachelor units shall contain not less than six hundred (600) square feet.
b. One bedroom units shall contain not less than seven hundred fifty (750) square feet.
c. Two (2) bedroom or one bedroom and den units shall contain not less than nine hundred (900) square feet.
d. Three (3) bedroom or two (2) bedroom and den units shall contain not less than one thousand one hundred (1,100) square feet.
e. Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit.
5. Stairways: No exterior stairway shall be placed in front of, and within ten feet (10'), of any door or window.
6. Elevators: All buildings containing dwelling units above the third floor shall be served with elevators in addition to the stairways otherwise required by law. For purposes of this section the number of floors in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off street parking areas.
7. Off Street Parking Standard: Each lot in the R-3 zone shall have, on the same lot or parcel of land, parking spaces as provided in section 9-1J-2 of this chapter, as amended. At least two (2) parking spaces shall be provided per dwelling unit and shall be located in a garage, and one additional space, which shall be open and unenclosed, shall be provided for each two (2) units or any fraction thereof. Such parking facilities shall be conveniently accessible and located only on such portions of the lot or parcel of land upon which structures may be erected. The off street parking spaces which are required to be located in a garage shall be located upon the lot so that the vehicular access thereto is not directly visible from a public street.
8. Off Street Parking Reduction: For R-3 zoned lots that do not adjoin R-1 zoned lots the off street parking standard may be reduced subject to approval by the director of a study adequately demonstrating reduced parking demand resulting from transit accessibility or other factors.
9. Subterranean And Semisubterranean Parking: Subterranean and semisubterranean parking shall be allowed only on R-3 zoned lots not adjoining R-1 zoned lots and shall not be considered as a story of the building. For purposes of this section, "subterranean and semisubterranean parking" shall mean any construction project which entails excavation, grading and/or mounding of earth so as to change the existing grade of the lot by more than eighteen inches (18") for the specific purpose of providing off street parking beneath living area.
C. Yards And Courts: Except as provided in this part no building or structure shall occupy any part of any required yard.
1. Front Yards: Each lot in the R-3 zone shall maintain a front yard of not less than twenty feet (20') in depth.
a. Front Yard Determination: In any of the following situations at the time of any new construction or development or at the request of any property owner seeking clarification the front yard and front yard setback shall be determined by the community development director. Any decision of the director may be appealed to the planning commission and any decision of the planning commission may be appealed to the city council in accordance with the procedures established by sections 9-1F-24 through 9-1F-29 of this chapter:
(1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot.
(2) Any lot which is noncontiguous to any public street but has access thereto by private easement.
(3) Any lot which has less than thirty five feet (35') of frontage on a public street.
b. Off Street Parking Or Garages: No off street parking spaces or garages shall be located within the required front or side yard areas or in front of the main building, unless completely subterranean.
2. Side Yards: In the R-3 zone every lot shall have and maintain side yards as follows:
a. Interior lots shall have a side yard on each side of the lot of not less than the following:
| Single-story structures | 5 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
b. Corner lots and reversed corner lots shall have and maintain the following side yards:
(1) On the side lot line which adjoins another lot, the side yard requirement shall be as follows:
| Single-story structures | 5 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
| Single-story structures | 10 feet |
| Two-story structures | 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. |
3. Rear Yards: Every lot in the R-3 zone shall have a rear yard as follows:
a. Interior And Corner Lots: Interior lots and corner lots shall have a rear yard of not less than fifteen feet (15'), except where such lots rear upon an alley, the rear yard shall be not less than five feet (5').
b. Reverse Corner Lots: Reverse corner lots shall have a rear yard of not less than fifteen feet (15').
c. Accessory Buildings And Uses:
(1) Accessory buildings and uses shall be permitted in rear yard areas.
(2) Exceptions:
(A) Where the rear of a lot abuts an alley, no building or structure, excepting a fence, shall be located in the rear five feet (5') of such lot.
(B) Where accessory buildings are permitted and located in a rear yard area, a passageway not less than five feet (5') in width, with twelve feet (12') of overhead clearance shall be maintained.
(C) On reversed corner lots, no building or structure, except permitted fences, shall be located in that portion of a required rear yard directly to the rear of the required side yard area abutting the street.
4. Courts: All courts required hereunder, shall be open and unobstructed from the ground to the sky, except as herein provided:
a. Each court upon which dwelling units face, which have door or window access on only one side thereof, shall be not less than fifteen feet (15') in width from the front building line to the rearmost of any such doors or windows.
D. Open Space: Each lot in the R-3 zone shall be maintained with usable, landscaped open space and developed open space areas, provided that the requirements of this subsection shall apply only to R-3 lots upon which new residential structure(s) are erected after the effective date of these regulations.
1. Required Usable Landscaped Open Space: There shall be a minimum of five hundred (500) square feet of landscaped open space per dwelling unit.
2. Access: All dwelling units for which open space is required shall have and maintain suitable access thereto.
3. Development Details For Open Space:
a. A maximum of fifty percent (50%) of the required landscaped open space may be covered by a cabana or patio cover.
b. A maximum of fifty percent (50%) of the required landscaped open space may be provided in the form of common recreational areas.
c. All open areas except driveways, parking areas, walkways, swimming pools, utility areas, improved decks, patios, porches or play areas, between the front lot line and the rear line of the main building, or buildings if there is more than one, shall be maintained with appropriate landscaping.
d. Whenever a driveway is located within a required side yard, and when dwelling units face said yard, a landscaped area at least five feet (5') wide shall be maintained between such a driveway and any dwelling on the same lot. Walkways may encroach not more than thirty inches (30") into this landscaped area.
E. Storage, Trash And Utility Areas:
1. Accessory Storage Space: Not less than sixty (60) cubic feet of enclosed accessory storage space shall be provided for each dwelling unit.
2. Trash Areas:
a. All outside trash and garbage collection areas shall be enclosed or screened.
b. Trash containers shall provide the equivalent of not less than fifty (50) gallons' capacity per dwelling unit and shall be located within one hundred fifty feet (150') thereof. Where "bulk type" trash containers (3 cubic yard capacity or more) are used, there shall be not less than one such container for each dwelling units.
c. All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe, and sanitary condition. All containers shall be provided with tightfitting lids.
d. All trash storage areas shall be located for convenient vehicular access for pick up and disposal.
F. Special Development Criteria:
1. For an attached multi-unit structure, no linear wall along the side of a second story building shall extend longer than twenty feet (20') without an offset of four feet (4') or, alternatively, twenty four feet (24') without an offset of five feet (5') for a distance of not less than eight feet (8').
2. For a detached single unit, no linear wall along the side of a second story building shall extend longer than twenty four feet (24') without an offset of two feet (2') for a distance of not less than eight feet (8').
3. Balconies may be placed along a front elevation or along a central driveway, where dwelling units on the same parcel are situated on both sides of a so called double loaded driveway. Balconies shall be prohibited on the side and rear elevations where a unit faces a structure on an adjacent property.
4. Any guest parking space which is abutted by a single wall shall be twelve feet (12') in width; any guest parking space which is abutted on both sides by a wall shall be fourteen feet (14') in width.
5. Guest parking spaces shall be improved with grasscrete, turf block or similar material to allow better permeability and less runoff.
6. At least forty percent (40%) of the lot area shall be permeable. Furthermore, at least twenty five percent (25%) of the lot area shall be landscaped. The required landscaped area shall not include permeable pavers, turf block, or grasscrete, but shall include lawn area, shrubs, or flowerbeds.
7. At the terminus of an access driveway that serves two (2) or more dwelling units, there shall be extensive tall growing shrubbery, such as American arborvitae (Thuja occidentalis). Alternatively, an architectural enhancement, such as a decorative trellis combined with appropriate vines or comparable landscaping could be provided to enhance the view of multiple-family development projects from the street.
8. Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way.
9. Portable shade structures shall be prohibited in the front yard and in the street side yard.
10. (Rep. by Ord. 07-916)
11. Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.
12. The following parking requirements shall be made:
a. For each unit: Two and one-half (21/2) spaces of which two (2) shall be enclosed and one-half (1/2) open.
b. Tandem parking shall be prohibited, exception: Guest parking shall be permitted in tandem for individual dwelling units in instances where the proposed dwelling unit is a detached dwelling unit with a private two (2) car garage, equipped with roll up type garage door(s) and automatic garage door opener and where vehicular access is provided directly from a public street.
c. Underground parking may be required to have special safety provisions as required by the fire department and building and safety department.
d. No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time.
13. All utilities shall be placed underground.
14. The following minimum gross floor area shall be required:
| Bachelor units | 600 square feet |
| 1 bedroom units | 750 square feet |
| 2 bedroom units | 900 square feet |
| 3 bedroom units | 1,100 square feet |
| For each additional bedroom | 500 square feet |
15. Adequate trash and garbage collection and pick up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. Such areas may be for individual dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.
16. Plumbing (gas and water) shutoff valves. Separate fullway shutoff valves shall be provided to each dwelling unit.
17. Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.
18. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials.
19. Landscaping and exterior lighting plans must be submitted to the planning director for review and approval with the site plan.
20. A single area having a minimum of one hundred sixty (160) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking.
21. A dwelling unit(s) nearest the front property line shall have a "front elevation" as viewed from the street as opposed to a "side elevation" and shall have the front door situated along the building wall nearest the street.
22. New dwellings constructed within five hundred feet (500') of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society Of Heating, Refrigerating And Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein.
G. Floor Area Ratio Requirements: No multiple-family residential project consisting of more than one dwelling unit shall exceed a total floor area ratio (FAR) of 0.70, including enclosed garages.
1. The second story floor area of any dwelling unit shall not exceed seventy five percent (75%) of the first story floor area, including the garage area of an attached garage.
H. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations set forth in subsection 9-1M-12J of this article.
I. Conditional Use Permit Required: Repealed.
J. Automatic Fire Sprinkler System: An automatic fire sprinkler system shall be installed throughout all new attached residential dwellings, including attached garages, in the R-3 zone. Said sprinkler system shall comply with the requirements of NFPA 13 or NFPA 13D as determined by the fire department. (1960 Code; amd. Ord. 76-431; Ord. 80-496; Ord. 85-562; Ord. 85-579; Ord. 87-621; Ord. 88-630; Ord. 89-654; Ord. 90-663; Ord. 90-680; Ord. 90-681; Ord. 91-704; Ord. 93-741; Ord. 05-896; Ord. 07-916; Ord. 13-972)
A. Vehicles:
1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area or any R zoned lot, except in driveway areas.
2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of an R zoned lot, unless such work is done:
a. Within an enclosed building; or
b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.
3. Exception: Provided, that the prohibition imposed by subsection A2b of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the person in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection A2b of this section for a period longer than seven (7) consecutive days within any thirty (30) day period.
4. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the State of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.
B. Accessory Structures: Accessory structures must be limited to one (1) per lot, including accessory dwelling units, pool houses, workshops, shed, and the like, but not including required garages. On lots improved with a main dwelling that is greater than or equal to one thousand two hundred eighty (1,280) square feet, the maximum area for accessory structures on a lot - excluding required parking - must not exceed one thousand eight hundred (1,800) square feet or fifty percent (50%) of the living area of the main dwelling, whichever is smaller. On lots improved with a main dwelling that is less than one thousand two hundred eighty (1,280) square feet, the maximum area for all accessory structures on a lot - excluding required parking - must not exceed six hundred forty (640) square feet. (1960 Code; amd. Ord. 77-452; Ord. 87-603; Ord. 03-888; Ord. 17-1022)
A. A user has falsified information or records submitted or retained in accordance with this article or in connection with any permit issued pursuant to this article.
B. A user has violated the conditions of a wastewater contribution permit.
C. A user has refused right of entry guaranteed by section 9-4B-63 of this article.
D. A user has failed to reapply for a permit or request a required permit modification.
E. A user has discharged into the district in violation of this article.
F. Changed circumstances require a temporary or permanent reduction or elimination of the permitted discharge.
G. A user has failed to retain or submit required information or records in accordance with this article or in connection with any permit issued pursuant to this article. (Ord. 12-08-09.35, 12-8-2009)
A. The requirements of sections 13.08.170 and 13.08.175 of this division shall be fully complied with before any final subdivision map is approved by the council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights of way in which public sewer lines are to be constructed.
B. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. (Ord. 309 Art. 6, § 3, 1975)
A. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet.
C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter (2 mg/l) as CN in the wastes as discharged to the public sewer;
3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
4. Solid or viscous substances in quantities or of such size capable of causing obstructions to flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;
D. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) or sixty five degrees Celsius (65°C);
2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty two (32) and one hundred fifty degrees Fahrenheit (150°F) or zero degrees (0°) and sixty five degrees Celsius (65°C);
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to the review and approval of the city;
4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;
5. Any water or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting any excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city for such materials;
6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the city as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the city in compliance with applicable state or federal regulations;
8. Any water or wastes having a pH in excess of 9.5;
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,
d. Unusual volume of flow or concentration of wastes constituting "slugs," defined as any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation;
10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection D of this section, and which in the judgment of the city, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 13.08.370 of this article. If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city and subject to the requirements of all applicable codes, ordinances and laws.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city, and shall be located as to be readily and easily accessible for cleaning and inspection.
G. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life and property.
J. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.
K. Any property owner, or sewer user violating the provisions of this section shall upon notice by the city immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this article. (Ord. 309 Art. 7, § 3, 1975)
A. Authority To Issue: The public safety officer or his/her designee (hereinafter referred to as the "issuing officer") is authorized to review applications for and to issue overnight parking permits as provided in this part. (Ord. 10-935)
B. Criteria: Overnight parking permits provided for under this part may only be issued for a vehicle with a gross weight rating of under six thousand (6,000) pounds and not exceeding twenty feet (20') in length. Recreational vehicles, boats, personal watercraft, trailers, all-terrain vehicles, off highway motorcycles and inoperable vehicles are not eligible for overnight parking permits under this part. Even though a motor vehicle may not qualify for an overnight parking permit under this part, the city may nevertheless issue an overnight parking permit for a motor vehicle owned by and issued to an employee of a federal, state, or local governmental agency for their use. The city may issue an overnight parking permit for a commercial passenger vehicle that is used by the registered owner for their personal business (i.e., an individually owned taxicab). The city may also issue an overnight parking permit for a vehicle (hereinafter a "take home vehicle") assigned to the applicant as a take home vehicle by the applicant's employer. An overnight parking permit will only be issued to a commercial passenger vehicle or take home vehicle provided the motor vehicle meets the weight and length requirements of this section and parking of the vehicle will not unreasonably impair parking for other permit holders. (Ord. 10-938)
C. Types Of Overnight Parking Permits:
1. Annual Permit: An annual permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for the duration of the permit. The duration of annual permits is one full calendar year or a remaining portion of a calendar year. Annual permits expire at eleven fifty nine o'clock (11:59) P.M. of December 31 of the year for which such permits were issued, unless sooner revoked as provided in this part.
2. Monthly Permit: A monthly parking permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for thirty (30) days following the date of permit issuance. The permit expires at eleven fifty nine o'clock (11:59) P.M. on the thirtieth day, unless sooner revoked as provided in this part.
3. Temporary Permit: A temporary parking permit may be purchased through a self-service parking permit vending machine located at city hall or issued by the issuing officer for the fee established by resolution adopted by the city council. Temporary permits expire at the date and time specified on the permit.
D. Reservation Of Safety And Enforcement Authority: Issuance of a permit under this part only provides the holder with the privilege of parking on the assigned street overnight and does not except the holder for the motor vehicle from the city's enforcement of all other parking, traffic, and safety laws and requirements of the state of California and the city of Temple City. The city hereby reserves for itself the right to make, impose and enforce upon holders of valid overnight parking permits any new traffic, parking, and safety requirements as the city council may from time to time adopt, or those that the city is required to impose and enforce under California law. (Ord. 10-935)
A. Application: The following information shall be filed with the planning department at the time application is made:
1. Present location of building, address, map of proposed route of travel.
2. Plot plan of proposed site to include location of structures on adjacent lots.
3. Floor plans, elevations, and landscaping plans of proposed site including front, side and rear yard areas.
4. Five inch by seven inch (5" x 7") photographs of each facade of the main building and accessory buildings.
5. Five inch by seven inch (5" x 7") photographs of proposed site.
6. Five inch by seven inch (5" x 7") photographs of main buildings on immediately adjacent lots.
B. Approval: The planning commission, before approving a conditional use permit for a "move-on", shall make the following findings: "Moving this building onto the subject property will have no detrimental effect on the living environment or property values of the area".
C. Basis For Findings: In approving an application for a conditional use permit to move a building into an area, the planning commission shall observe the following criteria:
1. That the building is in conformity with the type and quality of buildings existing in the area into which it is proposed to be moved.
2. That said building is not more than two (2) stories in height.
3. That its location on the lot does not in any way adversely affect buildings or uses on abutting properties.
4. That the percentage of lot coverage by all buildings and structures be not greater than that permitted by the district into which the house is proposed to be moved.
5. That all yard and setback provisions be observed.
6. Prior to occupancy the building shall be brought up to standards of a new building, and shall be painted and refurbished.
7. That all dedications and improvements required for streets and alleys necessary for access to the property upon which the house is to be located be provided in conformity with the standards of the city.
D. Time Limit: All approved "move-ons" shall be allowed not more than one hundred eighty (180) days to be readied for occupancy.
E. Appeal: The decision of the planning commission may be appealed to the city council as set forth in section 9-1F-26 of this article. (1960 Code; amd. Ord. 81-505)
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. 2005-10, 3-15-2005)
A. Enclosed Uses: All uses in the M-1 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses customarily conducted in the open.
B. Special Development Standards: When any lot in the M-1 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, call of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:
1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and
2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area or land used in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with this provision.
3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface yards, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of M-1 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.
4. Signs: All signs, advertising structures and the like, located upon such properties, and all driveways to and from such properties, shall, as far as is consistent with the public safety, be located remote from such R zoned properties, when such R zoned properties are located on the same side of the street as said M-1 zoned properties.
5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the M-1 zone, shall be enclosed and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.
6. Change In Grade: Where it is contemplated to change the grade or elevation of such M-1 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit, and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.
7. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 88-631)
A. Applicability Of Requirements: Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.
This chapter shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Government Code section 65943, or for which a notice of preparation for an EIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this chapter.
All residential projects and all nonresidential developments of less than twenty five thousand (25,000) square feet are exempt from this section of the ordinance.
All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.
B. Development Standards:
1. Nonresidential development of twenty five thousand (25,000) square feet or more shall provide the following to the satisfaction of the city:
a. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:
(1) Current maps, routes and schedules for public transit routes serving the site;
(2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;
(3) Ridesharing promotional material supplied by commuter oriented organizations;
(4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
(5) A listing of facilities available for car poolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
2. Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection B1 of this section and shall provide all of the following measures to the satisfaction of the city:
a. Not less than ten percent (10%) of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be served for use by potential car pool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential car pool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of city. A statement that preferential car pool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet and two (2) spaces for projects over one hundred thousand (100,000) square feet will be signed/striped for car pool/vanpool vehicles.
b. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2") shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.
c. Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one bicycle per each additional fifty thousand (50,000) square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the city.
3. Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections B1 and B2 of this section, and shall provide all of the following measures to the satisfaction of the city:
a. A safe and convenient zone in which vanpool and car pool vehicles may deliver or board their passengers.
b. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.
c. If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.
d. Safe and convenient access from the external circulation system to bicycle parking facilities on site. (1960 Code)
A. Any person who has been convicted of a felony;
B. Any person who is or has been a professional gambler or gambling promoter;
C. Any person who is not of good moral character;
D. Any firm or corporation in which a person defined in subsection A, B, or C of this section has a proprietary, equitable or credit interest, or in which such a person is active or employed;
E. Any organization in which a person defined in subsection A, B, or C of this section is an officer, director, or employee, whether compensated or not;
F. Any organization in which a person defined in subsection A, B, or C of this section is to participate in the management or operation of a raffle as defined in this article II, division XI. (1986 Code)
(1) Definition. An arcade shall include, but not be limited to, any place in which one or more coin operated or noncoin operated amusement devices are maintained for use by the public and shall also include any premises whose use as an arcade is secondary to another primary use.
(2) Definition Of Coin Operated Amusement Device. The term "coin operated amusement device" as used in this division means any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines which have no gaming or amusement features, nor does the term include jukeboxes or similar musical devices.
(3) Premises Where Permitted. No license shall be issued for arcades or for coin operated amusement devices except for the following establishments:
(a) Bowling alleys with special use permit for arcades. (1986 Code)
(b) Establishments holding an F classification liquor license with a special use permit for arcades. (Ord. 11-1496, 9-20-2011)
(4) Number Of Devices. The number of devices permitted in any arcade shall be as specified in the special use permit. (1986 Code)
(1) License Required. No person shall operate or conduct a laundry or dry cleaning establishment in the village without having first secured a license therefor. Applications for such licenses shall be made in writing to the village clerk, and shall state thereon the location to be occupied, the vehicles to be operated, and such other information as may be required by the village authorities.
(2) Fee. The annual fee for a laundry or dry cleaning license shall be as prescribed in appendix D to this code.
(3) Sanitation. Premises used for a laundry or dry cleaner must be kept in a clean and sanitary condition. No refuse of any kind shall be permitted to accumulate on such premises; and the premises must be kept free from rats, mice, and vermin. It shall be unlawful to employ any person afflicted with a venereal or any other contagious disease in a laundry or dry cleaning establishment, or for any person afflicted with such disease to work in or about such premises.
(4) Inspections. Each laundry or dry cleaning establishment shall be subject to the following inspections at least once every six (6) months: a) the health officer may require any person employed in a laundry or dry cleaning establishment upon reasonable cause to believe the person is infected with a contagious disease to submit to a medical examination or produce a certificate from a reputable physician showing that the provisions of this section are being complied with; b) the fire prevention bureau who shall assure that all establishments conform to all safety provisions of this code and it shall be unlawful for any such establishment not to be in conformity with all requirements of this code. (1986 Code)
(1) Ninety (90) days from the adoption of this division:
(a) Outdoor product displays, subsection 11-78B(1) of this division.
(b) Indoor sales area space and product, sale and display regulation, subsection 11-78B(2) of this division.
(c) Vending machine regulation, subsection 11-78B(3) of this division.
(d) Trash storage, subsection 11-78B(4) of this division.
(e) Outdoor parking, subsection 11-78B(5) of this division.
(f) Price signs, temporary window signs, self-service signs, federal information signs, hours of operation signs, subsections 11-79(3) and (4) of this division.
(2) Five (5) years from the adoption of this division:
(a) Outdoor surfaces, subsection 11-78B(7) of this division.
(3) One to ten (10) years (depending on age of sign) from the adoption of this division:
(a) Pole sign for company identification, subsection 11-79(1) of this division.
(b) Permanent wall sign, subsection 11-79(2) of this division.
(4) In addition to the requirements of subsections (1), (2) and (3) of this section, all owners and operators of new gasoline service stations, as well as owners and operators of gasoline service stations undergoing major alteration (if either 50 percent of the structure of the existing building is rebuilt or an addition is made to the existing building which increases floor space, or the space covered by any roof or canopy, by 30 percent or more), shall comply with the following requirements:
(a) Material, design and height restrictions, subsection 11-78A(1) of this division.
(b) Color, subsection 11-78A(2) of this division.
(c) Landscaping, subsection 11-78A(3) of this division.
(d) External lighting, subsection 11-78A(4) of this division.
(e) Canopies, subsection 11-78A(5) of this division.
(f) Driveways, subsection 11-78A(6) of this division.
(g) Storage tanks, subsection 11-78A(7) of this division. (1986 Code)
(1) Exercise control over or otherwise regulate or restrict the use of public streets, rights of way, and buildings of the village during the time of production;
(2) Exercise control over or otherwise regulate or restrict the hours of production and the general location of the production;
(3) Prohibit all filming or taping or order cessation of filming or taping and the revocation of the permit if determined to be hazardous to the public health, safety and welfare or upon a finding of violation of any ordinance or any condition or provision of the permit; and
(4) Inspect all structures and/or devices and equipment to be used in connection with the filming and taping. (Ord. 91-689, 8-26-1991)
(1) No part of the system, including a leeching bed, shall be within three hundred feet (300') of any watercourse or swale or drainage ditch which at any time carries water.
(2) No part of the system, including a leeching bed, shall be within one hundred feet (100') of any lot line.
(3) The applicant shall have obtained all applicable federal, state and county permits and provide to the village written certification from an engineer licensed by the state that all federal, state and county permits that are required have been provided and that the facility as built is in compliance with all applicable federal, state and local laws and regulations.
(4) No such permit may be granted if a public sanitary sewer is located within five hundred feet (500') of any part of the lot for which the permit is sought.
(5) At such time as a public sanitary sewer is extended to a point within five hundred feet (500') of any part of the lot for which a permit has been granted, the owner, whether the applicant or a successor, shall have six (6) months to connect to the public sanitary sewer. A portion of a lot shall be deemed to be within five hundred feet (500') if a public or private right of way or easements exist that would permit the connection to be made by the laying of five hundred feet (500') or less of pipe.
(6) The permit shall become null and void at such time as the system becomes a danger to the health of persons as determined by the health authority when applying standards established by the federal, state or county government or agency thereof. (Ord. 89-613, 11-28-1989)
A. Issuance: The district may issue a written complaint if there are reasonable grounds to believe that the person whom the complaint is directed has violated:
1. This article;
2. Any rule or regulation adopted under this article; or
3. Any order or permit issued under this article.
B. Contents: A complaint issued under this section shall:
1. Specify the provision that allegedly has been violated; and
2. State the alleged facts that constitute the violation. (Ord. 12-08-09.35, 12-8-2009)
(1) The name of the person(s) who will serve as the licensee under whose management or supervision the massage establishment will be operated;
(2) Copies of a valid license or licenses issued by the Illinois department of financial and professional regulation pursuant to the massage licensing act, 225 Illinois Compiled Statutes 57/1 et seq., for each massage therapist who will provide massage services at the massage establishment;
(3) In connection with the applicant or any employee, written authorization for the conduct of a criminal background investigation pursuant to section 11-123.3 of this article;
(4) Such other information as the village may request. (Ord. 11-1479, 2-15-2011)
A. Baseline Monitoring Report:
1. Industrial users subject to permitting of national categorical pretreatment standards shall submit a baseline monitoring report to the POTW in a form as prescribed and furnished by the POTW. (Ord. 2011-18, 6-28-2011)
2. Within one hundred eighty (180) days after the effective date of a national categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a categorical determination submission in accordance with 40 CFR section 403.6(a)(4), whichever is later, industrial users which are existing sources subject to such national categorical pretreatment standards and currently discharging to the POTW shall submit a properly completed baseline monitoring report. (Ord. 2005-10, 3-15-2005)
3. New sources, that are significant industrial users or subject to national categorical pretreatment standards, shall submit a baseline monitoring report at least ninety (90) days prior to commencement of discharge to the POTW, in a form as prescribed by the POTW. New sources are also required to include information on pretreatment methods they intend to use, and provide data on production, flow and amounts of regulated pollutants. (Ord. 2011-18, 6-28-2011)
4. In support of the baseline monitoring report, the industrial user shall submit, in units and terms specified in the application, the following information:
a. Name and address of the facility including the name of the operator and owners.
b. List of any environmental control permits held by or for the facility.
c. Brief description of the nature, average rate of production, and standard industrial classification (SIC) code of the operation(s) carried out by such user. This description shall include a schematic diagram indicating points of discharge to the POTW from the regulated processes.
d. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(1) Regulated process streams, and
(2) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e).
e. The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process and shall:
(1) Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations. (Ord. 2005-10, 3-15-2005)
(2) Grab samples must be used for pH, total phenol, oil and grease, sulfide, cyanide and volatile organics. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional sampling. The control authority may waive flow proportional sampling for any industrial user who demonstrates that flow proportional sampling is infeasible. In such cases samples may be obtained through time proportional sampling (generally a sample every 15 minutes) with a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. (Ord. 2011-18, 6-28-2011)
(3) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection A4e.
(4) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where alternate concentration of mass limit has been calculated in accordance with 40 CFR section 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW.
(5) Submit, only with authorization, a baseline monitoring report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(6) Provide for each report the time, date, and place, of sampling and methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
f. The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified to be a qualified professional, indicating whether national categorical pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance (O&M) measures or additional pretreatment is required for the industrial user to meet the national categorical pretreatment standards.
g. If additional pretreatment or O&M will be required to meet national categorical pretreatment standards, the industrial user will provide the shortest possible schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standards.
(1) Where the industrial user's national categorical pretreatment standards have been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula (40 CFR 403.6(e)), or net/gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline monitoring report the information required in subsection A4f of this section and this subsection A4g shall pertain to the modified limits.
(2) If the national categorical pretreatment standard for the industrial user is modified after the baseline monitoring report is submitted, the industrial user shall make any necessary amendments to information provided as a response to subsection A4f of this section and this subsection A4g, and submit them to the POTW within sixty (60) days after the modified limit is approved.
h. All baseline monitoring reports must be signed and certified in accordance with subsection 7-3A-23C of this article.
i. The following conditions shall apply to any schedule submitted in response to subsection A4g of this section:
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet applicable national categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) No increment referred to in subsection A4i(1) of this section shall exceed nine (9) months.
(3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such reports to the POTW.
j. Such other information as may be necessary, may be reasonably requested by the POTW.
B. Compliance Data Report: Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the POTW a report indicating new production, flow and pollutant data and the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards. Also SIUs subject to production based standards shall submit production data and IUs subject to equivalent limits shall submit long term production rate data. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional user O&M or pretreatment techniques or installations are necessary to bring the user into compliance with the applicable pretreatment standards and requirements. This report shall be signed and certified in accordance with subsection 7-3A-23C of this article. (Ord. 2005-10, 3-15-2005)
C. Periodic Compliance Reports:
1. Any user subject to national categorical pretreatment standard after the compliance date of such pretreatment standard, or in the case of a new source after commencement of the discharge into the POTW shall submit to the POTW once every six (6) months by July 31 and January 31 for the previous six (6) month period, unless required more frequently in the pretreatment standards or by the director or by permit, a periodic compliance report indicating the nature and concentration, of pollutants in the effluent which are limited by such standards or by permit. In addition, results of additional monitoring beyond the minimum required shall be included in this report. This periodic compliance report shall include a record of daily flows which during the reporting period exceeded the average daily flow and maximum daily flows reported in the baseline monitoring report. At the discretion of the director or the pretreatment coordinator, and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the months the periodic compliance reports are due may be altered. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
2. In such cases where the POTW has imposed mass limitations, the periodic compliance report shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
3. For industrial users subject to equivalent mass or concentration limits established by the POTW in accordance with 40 CFR 403.6(c), the periodic compliance report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to national categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit production (or other measure of operation), the periodic compliance report shall include the industrial user's actual average production rate for the reporting period.
4. The POTW shall require appropriate reporting from those industrial users with discharges that are not subject to national categorical pretreatment standards. These significant noncategorical industrial users shall submit to the POTW every six (6) months, on dates specified by the POTW a periodic compliance report. The report shall contain a description of the nature, concentration, and flow of pollutants required to be reported by the control authority. These reports shall be based on sampling and analysis performed during the period covering the report, and performed in accordance with the techniques specified in 40 CFR part 136.
5. All periodic compliance reports must be signed and certified in accordance with subsection 7-3A-23C of this article.
D. Hazardous Waste Notification:
1. Any IU, except as specified in subsection E of this section, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR 261, shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities in writing of such discharge.
2. All hazardous waste notifications shall include:
a. The name of the hazardous waste as set forth in 40 CFR 261.
b. The EPA hazardous waste number.
c. The type of discharge (batch, continuous, or other).
d. A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
3. In addition to the hazardous waste notification described above, IUs discharging more than one hundred (100) kilograms of hazardous waste per calendar month to the POTW shall report to the POTW to the extent such information is known and readily available to the user, the following:
a. An identification of the hazardous constituents contained in the waste.
b. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month.
c. An estimation of the mass and concentration of such constituents in the waste stream to be discharged during the following twelve (12) calendar months.
4. Hazardous waste notification should have been submitted no later than February 19, 1991, except that IUs commencing the discharge of hazardous wastes after August 23, 1990, shall provide notification no later than one hundred eighty (180) days from the discharge of such wastes. Any notification under this provision needs to be submitted only once for each hazardous waste discharge. Modifications or changed discharge notifications must still be submitted under subsection 7-3A-18B4 of this article.
5. IUs are exempt from the hazardous waste notification requirement during a calendar month in which they discharge fifteen (15) kilograms or less of nonacute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a onetime notification.
6. In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
7. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
8. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.
E. Notice Of Changed Discharge: All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p) or subsection D of this section.
F. Notice Of Violation/Repeat Sampling And Reporting: If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation. (Ord. 2005-10, 3-15-2005)
(1) No public streets, avenues, or alleys of the village or the private driveways of any railroad company shall be used as a station or stand for the carrying on of the taxicab business except at places to be designated by the corporate authorities.
(2) Each taxicab station or stand so designated shall be prominently marked by signs erected under the supervision of the chief of police. It shall be unlawful to park any vehicle other than a licensed taxicab in any taxicab station or stand. (1986 Code)
A. No building shall occupy any portion of a required yard, or open space, except as otherwise provided in this chapter.
B. The distance between buildings used for human habitation, and accessory buildings shall not be less than ten feet (10'), provided that the distance between buildings used for human habitation and accessory buildings may be reduced to five feet (5') when all facing walls are of one hour fire resistive construction throughout. When buildings are less than ten feet (10') apart, as herein provided, a minimum five foot (5') wide yard area, open and unobstructed from the ground to the sky, shall be provided and maintained between such buildings.
C. No portion of any main building shall be located in any required yard area. For the purpose of this section, buildings shall be considered to be connected, when the roof is extended from one building to the other for not less than fifty percent (50%) of the length of the opposing wall of the smaller of such buildings, and in such cases the required yard areas for the main building shall then apply to the entire structure.
D. On a reversed corner lot an accessory building may build to the interior side lot line when located to the rear of the required side yard, provided that no portion of such building shall be erected closer than five feet (5') to the property line of any abutting lot to the rear of such reversed corner lot.
E. On the rear third of an interior lot accessory buildings and structures not containing accessory living quarters may be built to the lot side lines and the lot rear line, provided if the rear of the lot abuts upon an alley a garage with a vehicular entrance from the alley shall maintain a distance of not less than fifteen feet (15') from the centerline of the alley; if either an alley or a utility easement exists along the rear of the lot, not less than ten feet (10') of the lot rear line shall be maintained free and clear of buildings or structures, except for a fence with a gate to provide access to the alley or utility easement as the case may be. If a utility pole is located on the easement, then the required opening in the fence or wall shall be so located as to provide immediate access to the pole.
Exceptions to these regulations shall include the front lot or lots of lot splits developed as tiered or flag lots, interior lots of unequal depths, and lots perpendicular to reverse corner lots, in which cases the rear and side yard area required for placement of accessory structures shall be no less than five feet (5'). (1960 Code)
A. Incentives: The following incentives are intended to encourage the consolidation of smaller R-3 zoned lots into larger development sites in order to achieve the scale and quality of development envisioned for the area.
| 4 to 6 lots | 15% increase in number of allowable units |
| 10% reduction in guest parking | |
| 7 or more lots | 20% increase in number of allowable units |
| 10% reduction in guest parking |
A. The admission into the public sewer of any water or wastes having: 1) biochemical oxygen demand (BOD) greater than three hundred milligrams per liter (300 mg/l), or 2) suspended solids in excess of three hundred milligrams per liter (300 mg/l), shall be subject to the review and approval of the city. Where necessary, in the opinion of the city, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the BOD to three hundred milligrams per liter (300 mg/l) and the suspended solids to three hundred milligrams per liter (300 mg/l).
B. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city and of the state department of health, and no construction of such facilities shall be commenced until the approvals are obtained in writing. (Ord. 309 Art. 7, § 4, 1975)
A. Notwithstanding any other provision of this code to the contrary, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this article, or who fails to comply with any obligation or requirement of this article, is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code. A criminal prosecution and/or civil litigation may be initiated without the commencement of the "nuisance abatement" procedures outlined in part 2 of this article.
B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this article, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (Ord. 11-950)
A. Application: The registered owner of an eligible motor vehicle desiring an overnight parking permit (annual or monthly), or for the transfer of such permit, shall file a completed application, on the form furnished by the city, with the public safety officer or his/her designee. Each application shall set forth the following: (Ord. 10-938)
1. For the owner/applicant:
a. Owner's full name.
b. Copy of owner's valid California driver's license.
c. Owner's Temple City residence address.
d. Owner's telephone number.
2. For the vehicle being permitted and for each other vehicle registered to the owner at the property:
a. The license plate number.
b. The vehicle identification number (VIN).
c. The year, make, model, color and type of vehicle.
d. The gross vehicle weight rating.
e. Current California vehicle registration demonstrating that the vehicle is registered at the owner's residence.
f. Proof of California insurance.
3. A statement that off street parking at the owner's residence is not available or obtainable.
4. A statement that no off street parking at the owner's residence is used for any purpose other than parking of operable vehicles.
5. If a transfer is requested, the reason for the transfer and the required information for the vehicle to which the permit is to be transferred or the residence to which the vehicle will be parked near.
6. Whether the application is for an annual or monthly permit.
7. Such additional reasonable information as the public safety officer or his/her designee may require.
8. The owner shall sign the application under penalty of perjury declaring that all facts and statements in the application are true. (Ord. 10-935)
9. If the applicant is requesting an annual overnight parking permit for a take home vehicle, the applicant will need to provide current vehicle registration and a letter from his/her employer on the employer's letterhead indicating that the specific vehicle has been issued to the applicant and that the applicant is authorized to take the vehicle home at night and park it at his/her residence. The letter must include the address of the applicant's residence. (Ord. 10-938)
B. Review By Issuing Officer:
1. Review And Issuance: Upon the filing of a complete application for an overnight parking permit or the transfer of such permit, the issuing officer shall review the application and, within ten (10) business days of the filing, determine whether to issue the permit or deny the application. The issuing officer shall issue the requested overnight parking permit unless any one or more of the following facts is determined:
a. The issuing officer determines that the application is not complete or the information is incorrect or invalid.
b. The applicant is not the registered owner.
c. The vehicle does not have a valid California registration or proof of insurance. The issuing officer may issue not to exceed six (6) months parking permits to a vehicle with valid out of state vehicle registration and proof of insurance.
d. The vehicle is not eligible for an overnight parking permit, as provided under this part.
e. Issuance of the permit would cause the number of overnight parking permits assigned to the residence to exceed the maximum allowable under this part.
f. An inspection of the on site parking at the residence and on street parking within the area concludes that on site parking is or should be available at the residence; or the owner refused permission to grant access to the property for the purpose of the inspection.
g. The owner fails to pay the required overnight parking fee.
h. The vehicle has outstanding unpaid parking tickets.
2. Inspection: The issuing officer may require an inspection of the on site parking at the residence and off street parking within the area to determine whether the circumstances warrant issuance of an overnight parking permit. The inspection may include, but is not limited to, any parking stalls, garages, carports, driveways and other areas designated for vehicle parking.
3. Conditional Permit: Where the issuing officer requires an inspection of the on site parking at a residence, or the issuing officer determines that verification of information contained in the application is needed, and the inspection or verification will require more than ten (10) business days to complete, then provided the application is complete and the owner pays the required fee, the issuing officer shall issue a conditional permit not to exceed thirty (30) days in duration. (Ord. 10-935)
4. Temporary Conditional Permit: The issuing officer may issue a temporary conditional permit when:
a. The applicant's permitted vehicle is disabled and is in the shop for repair, provided that the applicant submits paperwork (i.e., estimate/quote for repair, work order, etc.) from the repair shop. The temporary conditional permit shall not exceed thirty (30) days in duration.
b. A resident has active building permits for a construction project which reduces available off street parking at the resident's property during the course of construction. The resident may apply for a temporary conditional permit, so long as the project is proceeding without delay and is receiving the required scheduled inspections by the building inspector. A temporary conditional permit may be issued for a period not to exceed thirty (30) days.
5. Maximum Number Of Permits: The maximum number of overnight parking permits issued relating to any residence shall be set by resolution adopted by the city council.
6. Availability Of On Site Parking: The city will deem on site parking to be available under the following circumstances:
a. There is at least one open and available parking space located on the property, whether in a garage, carport, parking stall or other permitted on site parking.
b. An otherwise open and available parking space is occupied by an inoperable vehicle, a vehicle without current valid registration, a recreational vehicle, a trailer, an all-terrain vehicle, an off highway motorcycle, boat or personal watercraft, or a commercial vehicle.
c. An otherwise open and available parking space is used for a purpose other than parking, for example the storage of furniture, goods, personal property or other materials.
d. An otherwise open and available parking space has been unlawfully converted to a residential dwelling or other nonpermitted use. (Ord. 10-938)
(1) Allow the village the right to conduct periodic examinations of books and records at reasonable times and the right to receive and/or have prepared annual audits of the contractor's books of account at his expense for the purpose of establishing financial ability to perform the contract;
(2) Have available for use throughout the contract term: a) an environmental protection agency permitted sanitary landfill and compost site or an incinerator, located beyond the corporate limits of the village and b) a list of markets or sources to which recyclable material will be sold;
(3) Have a sufficient number of enclosed leakproof, modern packer trucks for garbage, rubbish, and landscape pick up, open body trucks or dump trucks for large items, and recycling trucks to provide collection and disposal services required under the terms of the contract;
(4) Reserve to the village the right to establish rates and service standards for solid waste collection and such regulations as are necessary to implement this article; (Ord. 91-662, 1-28-1991)
(5) Require the posting of a minimum five hundred thousand dollar ($500,000.00) irrevocable, unconditional letter of credit with adequate surety to carry out the purposes of the contract entered into with the solid waste collection firm. (Ord. 91-662, 1-28-1991; amd. Ord. 05-1254, 8-16-2005)
A. Upon payment by the applicant of the required permit fee and after the Supervisor of Licenses has approved the application, the Supervisor shall issue a permit to the applicant for the period designated in the notification.
B. Upon receiving the permit, the applicant shall, within forty eight (48) hours of such receipt, provide a copy of the permit to the Better Business Bureau of Central Oklahoma. (Ord. 438, 4-6-1999)
(1) The fire rescue chief shall be responsible for the performance by the fire rescue department of all of its functions. All persons employed by or connected with the department, including emergency medical service personnel, while on duty shall serve subject to the orders of the fire rescue chief.
(2) The fire rescue chief shall have and retain custody of any and all village firefighting apparatus and equipment and emergency medical apparatus and equipment.
(3) It shall be the duty of the fire rescue chief, if practical, to attend all fires and emergency situations occurring within the village. In the event of his or her absence from any fire or emergency situation, it shall be the duty of the highest ranking officer present to take charge of the department and exercise all powers of the fire rescue chief.
(4) The fire rescue chief may prescribe boundaries in the vicinity of any fire or other emergency situation within which no unauthorized person shall be permitted to go.
(5) The fire rescue chief shall have the power and authority to cause the removal of any property whenever, in his or her judgment, it shall be necessary for the protection of persons or property from fire or other emergency situations, to prevent the spreading of fire or to protect adjoining property. (Ord. 99-993, 9-27-1999)
A. The city shall provide responsible persons with a reasonable period to elect between options of repair, rehabilitation, or demolition, as well as a reasonable period of time to complete any of these options, before city personnel abate a public nuisance by demolishing a building or structure pursuant to this part.
B. The city shall serve a notice of abatement on all secured lienholders of record with the Los Angeles County recorder's office in the event abatement actions include demolition of a building or structure.
C. Notwithstanding the provisions of section 4-2C-13-1 of this article, entry onto any real property to abate a public nuisance by demolition of a building or structure, excepting in cases involving an imminent hazard, shall be pursuant to a warrant issued by a court of competent jurisdiction.
D. The provisions of this section shall not apply if demolition is required to address an imminent hazard. In such situation, the provisions of section 4-2C-17, "Emergency Action To Abate An Imminent Hazard", of this article shall apply. (Ord. 11-950)
A. This article does not exclusively regulate the conditions and use of property within the city. This article shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.
B. The procedures for abatement set forth in this article are not exclusive and are in addition to any other provisions set forth in this code or by state law for the abatement of public nuisances. (Ord. 11-950)
A. Required Lot Area: Each lot in the R-1 Zone shall have a minimum lot area of not less than:
1. The number following the zoning symbol. If such number is less than one hundred (100), it shall mean acres, and if such number is more than one hundred (100), it shall mean square feet, or
2. Five thousand (5,000) square feet when no number follows the zoning symbol.
3. Provided that no lot shall be created after the effective date of these regulations having less than seven thousand two hundred (7,200) square feet of lot area, excluding areas used for easement driveways serving other properties and the "pole" portion of any flag lot created as a result of a subdivision of an R-1 zoned lot in existence on the effective date of this article; such subdivision shall be limited to the splitting of an existing lot into no more than two (2) lots.
B. Lot Width: Each lot or parcel of land in Zone R-1 shall have a minimum lot width of not less than fifty feet (50'), provided that no lot shall be created after the effective date of these regulations having a lot width of less than sixty feet (60').
Exception: R-1 zoned lots in existence on the effective date of this article (October 31, 2002) may be subdivided as described below:
1. Flag Lot Subdivision: With the approval of a conditional use permit, an existing lot may be subdivided in a flag lot configuration subject to the following limitations:
a. No existing lot shall be subdivided into more than two (2) lots.
b. Each subdivision shall be subject to the approval of a parcel map as well as a conditional use permit.
c. The original existing lot to be subdivided shall have a street frontage of at least eighty feet (80').
d. Each such subdivision shall be limited to the creation of no more than one (1) flag lot, with a minimum street frontage of twenty feet (20'); within the required twenty foot (20') wide minimum accessway to any newly created flag lot, no more than twelve feet (12') may consist of hardscape, the remaining four feet (4') on either side shall consist of landscaping. The abutting landscape strips shall be fully irrigated and shall be improved with shrubbery and tall, fast growing plants as opposed to ground cover and low lying plants. The driveway shall contain decorative brickwork, stamped concrete and/or landscaped pavers, subject to review and approval of the granting body. No parking or storage shall be permitted in the twenty foot (20') wide accessway.
e. A minimum of seven thousand two hundred (7,200) square feet of lot area shall be provided per newly created lot, exclusive of any "pole" portion of a flag lot, which provides access from the street.
f. No such "flag lot" subdivision shall be created on Halifax Road between Daines Drive and Live Oak Avenue, legally described as lots #1-12, block A, lots #1-8, block B and portion of lots #9-11, block B of tract no. 11695, Los Angeles County recorder map book 215-23-24 and a portion of lot 32 of E.J. Baldwin's Addition #1 to Santa Anita Colony, Los Angeles County recorder's miscellaneous records 52-60, as shown on exhibit A.
g. No "flag lot" created under the provisions of this section shall be improved with any structure which exceeds one story or twenty feet (20') in height.
2. Lot Split: With the approval of a conditional use permit, an existing lot may be split into no more than two (2) lots, subject to the following limitations:
a. Each subdivision shall be subject to the approval of a parcel map as well as a conditional use permit.
b. The original existing lot to be subdivided shall have a street frontage of at least one hundred feet (100') and each of the newly created lots shall have a street frontage of at least fifty feet (50').
c. A minimum of seven thousand two hundred (7,200) square feet of lot area shall be provided per newly created lot.
C. Yards:
1. Front Yards: Each lot in the R-1 zone shall maintain a front yard of not less than twenty feet (20') in depth.
a. Setbacks: Where fifty percent (50%) or more of the lots on any block face are uniformly developed with a front yard setback greater than twenty feet (20'), the front yard setback of a lot shall not be less than the average setback of the adjoining or nearest developed lots on both sides of the subject lot along the same block face; if the lot is a corner lot or abuts a reversed corner lot, the front yard setback shall not be less than the setback of the adjoining lot on the applicable side. In no event shall such front yard setback requirement exceed thirty feet (30') in depth.
(1) In the 5500 and 5600 block of Hallowell Avenue, excluding the two (2) northerly most eighty foot (80') deep parcels addressed as 5640 and 5643, the front yard setback shall not be less than the average setback of the adjoining or nearest developed lots on both sides of the subject lot along the same block face or, if the lot is a corner lot or abuts a reverse corner lot, the front yard setback shall not be less than the setback of the adjoining lot on the applicable side. In no event shall such a front yard setback requirement exceed thirty five feet (35') in depth.
b. Front Yard Determination: In any of the following situations at the time of any new construction or development or at the request of any property owner seeking clarification the front yard and front yard setback shall be determined by the community development director. Any decision of the director may be appealed to the planning commission and any decision of the planning commission may be appealed to the city council in accordance with the procedures established by sections 9-1F-24 through 9-1F-29 of this chapter.
(1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot.
(2) Any lot which is noncontiguous to any public street but has access thereto by private easement.
(3) Any lot which has less than thirty five feet (35') of frontage on a public street.
2. Side Yards: Each lot in the R-1 zone shall maintain the following side yards:
a. Interior Lots: Interior lots shall maintain a side yard adjacent to each side lot line not less than five feet (5') for the first story portion of a building or ten percent (10%) of the lot width, whichever is greater. The second story setback on both sides shall not equal less than fifteen feet (15') when combined, but shall never be less than five feet (5'). At no time and at no point shall the second story setback be less than the first floor setback on any lot.
b. Corner Lots: Each corner lot shall maintain the following side yard requirements:
(1) On the side lot line which abuts another lot the side yard shall be five feet (5') for the first story portion of a building or ten percent (10%) of the lot width, whichever is greater. The second story setback on both sides shall not equal less than twenty feet (20') when combined, but shall never be less than five feet (5'). At no time and at no point shall the second story setback be less than the first floor setback on any lot.
(2) On the street side, the required side yard shall be ten feet (10') in width, for the first story portion of the building. The second story setback on both sides shall not equal less than twenty feet (20') when combined, but shall never be less than ten feet (10'). At no time and at no point shall the second story setback be less than the first floor setback on any lot.
c. All Lots: No linear wall of a second story shall extend more than twenty four feet (24') without architectural articulation or an offset of at least two feet (2') for a distance of not less than eight feet (8').
3. Rear Yards: Each lot in zone R-1 shall maintain a rear yard of not less than fifteen feet (15') in depth.
D. Open Space: The requirements of this subsection shall apply only to R-1 lots upon which new residential structures are erected after the effective date of these regulations.
1. There shall be a minimum of five hundred (500) square feet of open space per dwelling unit.
2. All dwelling units, for which open space is required, shall have and maintain suitable access thereto.
3. Development details of open space.
a. A maximum of fifty percent (50%) of the required open space may be covered by a cabana or other roof, second story or structure overhang.
b. A minimum of twenty five percent (25%) of the required open space must be improved with landscaping or lawn or otherwise surfaced so as to be traversable on foot.
E. Height Limits: No lot or parcel of land in zone R-1 shall have a building or structure in excess of twenty six feet (26') in height; such height shall be measured from the natural grade to the highest point of construction. In the front thirty feet (30') of the lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property line. Covered porches and patio covers on the side or rear of structures, including those with a roof or semiopen roof, shall not be more than twelve feet (12') in height, measured from natural grade to the top of the structure.
1. Exception for tiered and flag lots: Notwithstanding the above, on interior, tiered or flag lots where access is provided via a private driveway or easement and/or where there is less than thirty five feet (35') of frontage on a public street, the maximum height of a dwelling shall be one story, not to exceed twenty feet (20') in height.
F. Width Limits: No single-family structure shall have a width of less than twenty five feet (25'). (Attached garages shall not be counted in this measure.)
G. Off Street Parking: Each lot or parcel of land in zone R-1 shall have on the same lot or parcel of land two (2) off street parking spaces per dwelling unit, each of which shall be located in a garage. Such parking facilities shall be conveniently accessible and located only at a place where the erection of structures is permitted. Each parking space in a garage shall be no less than ten feet (10') wide and twenty feet (20') in length. Exception: On lots with fifty one feet (51') of width or less, where the garage parking space(s) are situated parallel to the street and where the garage door is situated perpendicular to the street such that a ninety degree (90°) turn movement is necessary for vehicular access, the length of the required garage parking space may be measured from the exterior building wall. Tandem parking is not permitted.
H. Minimum Gross Floor Area For New Dwelling Units:
1. One bedroom units shall contain not less than eight hundred (800) square feet.
2. Two (2) bedroom units shall contain not less than one thousand (1,000) square feet.
3. Three (3) bedroom units shall contain not less than one thousand two hundred (1,200) square feet.
4. Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit.
I. Maximum Floor Area Requirements:
1. Any two-story single-family dwelling or single-story dwelling with a height of more than eighteen feet (18') shall not exceed a floor area ratio (FAR) of 0.35 to a maximum allowable floor area of three thousand five hundred (3,500) square feet, plus up to four hundred (400) net square feet for an attached two (2) car garage or up to six hundred (600) net square feet for an attached three (3) car garage; provided, however, the maximum permitted floor area ratio may be increased by incentive bonuses as referenced in section 9-1M-15 of this article.
2. No two-story dwelling or single-story dwelling with a height of more than eighteen feet (18') shall exceed a maximum permitted size of three thousand five hundred (3,500) square feet of living area, excluding up to four hundred (400) net square feet for an attached two (2) car garage or up to six hundred (600) net square feet for an attached three (3) car garage; provided, however, the maximum permitted dwelling size may be increased by incentive bonuses as referenced in section 9-1M-15 of this article.
3. The second story of any two-story single-family dwelling shall not exceed seventy five percent (75%) of the total floor area of the first floor, including attached garages.
J. Dish Antennas:
1. Definition: For the purpose of this section, the term "dish antenna" means any system of receiving or transmission disks with a diameter greater than two feet (2').
2. Development Standards: Every "dish antenna" shall be located, constructed, treated and maintained in accordance with the standards outlined herein.
a. Location: Ground mounted dish antennas shall be considered accessory buildings and shall conform to the setback requirements for such buildings for the respective zone in which said dish is located. No ground mounted dish antennas shall be located in the area between the building and the front property line on the street side of a corner lot.
Roof or building mounted dish antennas shall be located or screened so as not to be visible from public rights of way.
b. Height: Dish antennas shall not exceed a height limit of thirty five feet (35').
c. Screening And Appearance: The materials used in constructing dish antennas shall not be unnecessarily bright, shining or reflective. All ground mounted dish antennas shall be screened by walls, fences or landscaping at least five feet (5') in height, obscuring visibility of the dish antenna from grade and from the adjoining public rights of way. Wires shall be undergrounded from the antenna to the receiving structure for all ground mounted dish antennas. (1960 Code; amd. Ord. 78-464; Ord. 85-562; Ord. 87-621; Ord. 88-629; Ord. 88-641; Ord. 89-645; Ord. 93-741; Ord. 94-761; Ord. 94-767; Ord. 98-820; Ord. 98-823; Ord. 02-874; Ord. 05-896; Ord. 16-1014)
K. Special Development Criteria:
1. New dwellings constructed within five hundred feet (500') of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society Of Heating, Refrigerating And Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein. (Ord. 13-972)
L. Laundry Facilities And Water Heaters: All washing machines and dryers shall be located within the main structure or accessory structure (in cases where a conditional use permit is approved). New structures shall locate the water heater within the structure; this regulation shall not apply to tankless water heaters. (Ord. 16-1014)
A. Required Hearings: Public hearings before the Director shall be held for all major site plan reviews and for minor site plan reviews as determined by the Director in accordance with subsection 9-1E-2D of this part.
B. Required Hearings For Projects Involving Density Bonus Concessions: A public hearing shall be held before the Planning Commission for all site plan reviews that also involve concessions under the State's Density Bonus Law. The Planning Commission shall make a recommendation to the City Council. The City Council will hold a public hearing and make a final determination on the project.
C. Notices: The public shall be provided notice of Director hearings in the same manner as is contained in section 9-1F-23 of this chapter.
D. Decisions: The decision of the Director is final unless appealed. The appeal period shall end at twelve o'clock (12:00) noon of the fifteenth day following the date of decision by the Director. Appeals must be filed in writing in accordance with section 9-1E-4 of this part. Upon filing of an appeal in the manner herein set forth, the decision of the Director shall be suspended. Decisions of the City Council are final.
E. Director Hearing Schedule: Public hearings before the Director shall be scheduled for the second Tuesday of the month at five o'clock (5:00) P.M. Additional meetings may be scheduled by the Director as needed. (Ord. 13-980)
A. The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the department of public health of the state.
B. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than ten thousand (10,000) square feet.
C. No septic tank or cesspool shall be permitted to discharge into any public sewer or any stream or watercourse. (Ord. 309 Art. 4, § 4, 1975)
(1) Report Of Inspections. Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on an inspection form. The inspection report form shall summarize the requirements of this article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by item number, the item violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(2) Correction Of Violations.
(a) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
1. If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operation. Operations shall not be resumed until authorized by the regulatory authority.
2. All violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection. Within fifteen (15) days after the inspection, the holder of the permit, license or certificate shall submit a written report to the regulatory authority stating that the four (4) or five (5) point weighted violations have been corrected. A follow up inspection shall be conducted to confirm correction.
3. All one or two (2) point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.
4. When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty eight (48) hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.
5. In the case of temporary food service establishments, all violations shall be corrected within twenty four (24) hours. If violations are not corrected within twenty four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(b) The inspection report shall state that the failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of the request.
(c) Whenever a food service establishment is required under the provisions of this subsection (2) to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. (Ord. 518, 8-25-1987)
A. Lot Width, Yards, And Building Bulk: The standards of development for lot width, yards and building bulk shall be the same as those standards in the C-2 zone as specified in subsections 9-1N-31B, C and D of this article except the maximum front or side yard setback shall be ten feet (10') and no parking shall be permitted within the setback areas.
B. Enclosed Uses: All uses in the C-1 zone shall be conducted wholly within an enclosed building, except for bona fide sidewalk cafes based upon criteria set forth in the downtown specific plan.
C. Screening Of Equipment, Refuse Storage And Loading Areas: Exterior storage areas, loading docks, loading areas, refuse storage, electrical cage enclosures, and storage tanks shall be screened from view by a solid fence, wall or mature landscaped materials whenever possible. When screening of loading docks and loading areas is not possible, the facilities shall be integrated into the overall design of the building.
1. Mechanical Equipment And Duct Work:
a. All ground and rooftop mechanical equipment, including dish antennas, shall be placed behind a permanent parapet wall and shall be completely screened from all ground level view.
b. No mechanical equipment shall be exposed on the wall surface of a building.
c. Gutters and downspouts are not to project from the vertical surface of the building.
d. Vents, louvres, exposed flashing, tanks, stacks, overhead doors, rolling and "man" service doors are to be treated in a manner consistent with the color scheme of the building.
e. Screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained.
2. Refuse Storage:
a. Within parking district areas, businesses shall utilize the common trash enclosure areas unless specifically permitted to do otherwise by the planning commission.
b. All outdoor trash, garbage and refuse containers shall be screened on all sides from public view by a minimum six foot (6') high concrete, or masonry decorative block wall, and the opening provided with a gate of a durable wood or comparable material.
c. Refuse storage areas shall be so located as to be easily accessible for trash pick up.
3. Loading Facilities: Loading and unloading facilities shall be visually screened from access streets and adjacent properties and constructed in a manner to reasonably contain and restrict emission of noises typically attributed to such function. When screening of loading and unloading facilities is physically not possible, the facilities shall be integrated into the overall design of the building.
D. Landscaping And Pedestrian Areas: All areas not utilized for building area and/or parking/circulation shall be improved with landscaping and improved pedestrian surfaces.
1. Landscaping:
a. Landscaping shall consist of a combination of trees, shrubs, and ground cover with careful consideration given to the eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.
b. All planted areas shall be surrounded by a concrete curb six inches (6") above final grade or above asphalt level of the parking lot. However, when such planted areas are adjacent to a concrete sidewalk, masonry wall or a building, a raised concrete curb need not be provided in the adjacent area.
c. All landscaping shall be maintained in a neat, orderly fashion and free of debris.
d. A landscaping and irrigation plan shall be submitted for the review and approval of the planning director.
E. Lighting:
1. All lighting of the building, landscaping, parking lot, or similar facilities, shall be so shielded and directed as to reflect away from adjoining properties, particularly adjacent R zoned properties.
2. Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting loading, storage areas, and similar service locations.
F. Vehicular Access: Vehicular access shall not be allowed onto Las Tunas Drive.
G. Exterior Design Review For New Building, Additions Or Expansions: Buildings, additions, or expansions which result in the addition of one hundred (100) square feet or more of floor area shall be subject to review and approval by the planning commission. The planning commission shall review plans to ensure they are in accordance with the guidelines as adopted by the planning commission and city council.
H. Commercial Unit: No commercial unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 83-543; Ord. 85-562; Ord. 88-631; Ord. 02-870)
A. If an owner has obtained a stay pursuant to this article and subsequently secures a building permit for rehabilitation, work under the building permit must be begun within thirty (30) days of obtaining the permit and must be prosecuted to completion with reasonable diligence.
B. If work under the building permit is not begun or pursued as required, the city may revoke the building permit without further notice and board the building as necessary. (Ord. 80-94 § 2, 1994)
A. Upon receipt of an application for a permit as required by section 9-631 of this division, the City Clerk shall submit one (1) copy of the application to the Chief of Police for review. The Chief of Police shall note thereon any relevant information which appears in the official records in his/her charge concerning any convictions of the applicant for any of the offenses specified in subsection E1 of this section.
B. The City Clerk shall cause such other investigation or inquiry concerning the applicant as deemed necessary to determine whether the application is in compliance with the terms and conditions of this article and other applicable provisions of this Code.
C. Upon completion of the necessary investigation as provided for by this section, the City Clerk shall review the application to ensure that:
1. The applicant or the applicant's employer is a vendor registered with the Oklahoma Tax Commission for the payment of Sales Tax, or that he has otherwise demonstrated that Sales Tax has been or is being paid on the items sold, or that the applicant or the applicant's employer is exempt from payment of such tax;
2. The applicant or the applicant's employer is aware of his or her responsibility to collect and pay Sales Tax, unless tax exempt;
3. The applicant's character or business responsibility is not "unsatisfactory" (as described in subsection E of this section);
4. The applicant has been issued a sign permit, and the proposed signs and locations thereof comply with all the provisions of the planning and zoning ordinances of the City of Grove;
5. The applicant otherwise complies with all of the provisions of this Code.
D. Within seven (7) business days after receipt of an application, the City Clerk shall either approve or disapprove of the application. Grounds for disapproval shall be the following:
1. A finding that the application is incomplete;
2. Nonpayment of the application fee and the investigation fee;
3. Failure of the applicant to verify that he/she, or his/her employer, is a vendor registered with the Oklahoma Tax Commission for the payment of Sales Tax; or that Sales Tax has been or is being paid on the items sold; or that he/she, or his/her employer, is otherwise exempt from payment of Sales Tax;
4. A finding that the applicant has not been issued a sign permit, and signs and locations therefore are not in compliance with the planning and zoning ordinances of the City of Grove;
5. A finding that the applicant's character or business responsibility is "unsatisfactory" (as defined in subsection E of this section).
If the application is approved, the City Clerk shall issue the permit. If the application is disapproved, the City Clerk shall state in writing and with specificity, the reason(s) for disapproval. Mailing a copy of the letter of disapproval to the address shown on the application shall be deemed to be adequate notification.
E. For the purpose of this article, "unsatisfactory character or business responsibility" of an applicant or applicant's employer shall be defined as follows:
1. A finding that the applicant or applicant's employer has been convicted of any of the following:
a. Murder;
b. Voluntary manslaughter;
c. Robbery;
d. Burglary;
e. Larceny;
f. Theft;
g. Fraud;
h. An offense involving moral turpitude;
i. Any nonconsensual sex offense;
j. Any offense involving a minor as a victim;
k. Any offense involving the possession, use, distribution or sale of a controlled dangerous substance;
l. Any offense involving a firearm;
m. Any felony; or
2. A finding that the applicant or the applicant's employer has been convicted of two (2) or more violations of the provisions of this article within the preceding twelve (12) months; or
3. A finding that a previous permit held by the applicant or the applicant's employer pursuant to the provisions of this article was revoked within the previous twelve (12) months. (Ord. 720, 4-5-2016)
A. Oversized vehicles making pick ups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated.
B. Any ambulance, paramedic or public safety vehicle involved in responding to an emergency.
C. Any vehicle being repaired under emergency conditions for less than eight (8) hours. For purposes of this section "emergency repairs" shall mean sudden and unexpected repairs occurring during transport of the vehicle.
D. Any vehicle belonging to federal, state or local authorities while conducting official government business.
E. Any vehicle displaying a valid permit issued pursuant to sections 3-3A-50-4 and 3-3A-50-6 of this article. (Ord. 06-910)
A. Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill prevention plans, including the facilities and the operating procedures, shall be approved by the district before construction of the facility.
B. Industrial users that store hazardous substances shall not contribute to the POTW after the effective date hereof, unless a spill prevention plan has been approved by the district. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances. (Ord. 12-08-09.35, 12-8-2009)
A. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of said city any human or animal excrement, garbage or other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of said city any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this division.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
D. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this section, within three hundred sixty five (365) days after date of official notice to do so, provided that said public sewer is within two hundred feet (200') of the property line. (Ord. 539, §§ 1 - 4, 8-18-1983; Ord. 559, § 1, 5-17-1984)
A. Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the city. All terms and conditions of the permit issued by the city to the applicant shall be binding on the contractor.
B. The requirements of this section shall apply to side sewers installed concurrently with public sewer construction. (Ord. 309 Art. 6, § 5, 1975)
A. The local community organization obtains a special event permit prior to the event; and
B. The local community organization shall display their special event permit at all times during the event. If the permit is not displayed the special event will be discontinued, and the local community organization may receive a citation; and
C. The local community organization submits a vendor special event application for each vendor participating in the event; and
D. The local community organization provides each vendor with an identification (ID) tag showing they are a participant in the special event. Each vendor shall display the ID tag at all times during the event. If vendor does not display ID tag, they will not be allowed to participate in the special event, and may receive a citation. (Ord. 720, 4-5-2016)
(1) Application. All applications for a license or permit under this division shall be made in writing to the chief of police on a form provided for that purpose. In addition to any other information required by the chief of police, each application for a license or permit shall contain:
(a) The applicant's full name, residence, and the address and telephone number where the person is engaged in the business of dealing in firearms;
(b) If the applicant is a corporation, the corporate name, business, and principal place of business of the applicant; the date and state of incorporation; and the names and residence addresses of the corporate officers and its registered agent;
(c) If the applicant is a partnership, the name and business address and telephone number of the principal officer or place of business; the names, addresses and telephone numbers of all partners; the name, address, and telephone number of a person authorized to receive notices issued pursuant to this division XIII.
(2) Proof Of Federal License. The chief of police shall not issue a Northfield firearms dealer's license to any person who fails to provide proof of a valid federal firearms dealer's license and a valid firearm owners identification card issued by the state of Illinois.
(3) Location Restrictions. The chief of police shall not issue a Northfield firearms dealer's license to any person who is engaged in the business of dealing in firearms or any other activity requiring a federal firearms dealer license, or indicates an intention to do so, within one-quarter (0.25) miles of the grounds of a school or public park, measured from the property lines of the respective properties.
(4) Grandfather Clause. The restrictions on location contained in subsection (3) of this section shall not apply to any person who on February 28, 1995 is engaged in the business of dealing in shotguns or shotgun ammunition within one-quarter (0.25) miles of the grounds of a school or public park, measured from the property lines of the respective properties. This grandfathering shall permit the sale of no firearms except shotguns and such shotguns may not be sold for less than six hundred dollars ($600.00).
(5) Posting. Any license or permit issued under this division XIII shall be posted and kept available on the premises covered by the license or permit for inspection by the village. All sales and other business records relating to the activity for which a federal firearms dealer's license is required shall also be made available for inspection upon the request of the village. (Ord. 95-831, 2-27-1995)
A. If any waters or wastes are discharged, or are proposed to be discharged, to the city sewer system, which water contains the substances or possesses the characteristics enumerated in section 9-4B-53 of this article and which in the judgment of either the city sewer superintendent or the district superintendent may have a deleterious effect upon the wastewater facilities, processes equipment or receiving waters, or which otherwise create a hazard to life or constitutes a public nuisance, either the district superintendent or the city sewer superintendent may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges.
B. In no event can the city sewer superintendent authorize acceptance of water or wastes which the district superintendent rejects. (Ord. 12-08-09.35, 12-8-2009)
A. The owner of any building occupied by humans situated within the city and abutting on any street in which there is now located or may in the future be located a public sewer of the city, is required at his expense to connect the building directly with the proper public sewer in accordance with the provisions of this article, within fifteen (15) days after the date of official notice to do so, provided that the public sewer is within three hundred feet (300') of the nearest point of the building.
B. Commercial, industrial and public buildings or institutions shall be required to connect to the city sewer system upon notice as provided in this article. (Ord. 309 Art. 3, § 5, 1975)
A. The city has adopted by resolution a rate schedule which may be amended from time to time by resolution. Any amendments to such rate schedule shall be effective immediately upon the adoption of an amending resolution.
B. The city may, under abnormal circumstances, make adjustments as needed to ensure equitable service charges. The city may make such adjustments where excessive quantities of culinary water are metered which are consumed on the premises and which do not enter the sewage system. The consumer will have the burden of proving evidence of such inequities by showing that the quantity metered exceeds by at least twenty percent (20%) the total flow in order to merit consideration by the city. Reductions shall be based on the cost per one thousand (1,000) gallons as adopted by resolution of the city council.
C. In lieu of using the culinary metered water to determine the sewer use, a user may install a sewer meter, subject to the following:
1. The user will furnish and install the meter per the city standards and specifications at the user's expense;
2. The charge for sewer operation and maintenance service will be based upon the sewer meter rather than upon the water meter readings.
D. For accounts which do not have sufficient data to establish the monthly discharge to the sewer (new connections, etc.), the monthly sewer charge for single residential users and multiple unit users will consist of the billing charge as described in subsection B of this section, plus double the debt service charge described in subsection C of this section. The sewer charge for churches, schools and institutional users will be estimated, based on like existing facilities in the community.
E. Stopped meters may either be billed as set out in subsection D of this section or based on the previous year readings during the same period. (Ord. 12-08-09.35, 12-8-2009)
A. Personnel. The producer shall pay for the costs of any public safety, public works or other village personnel assigned to the project at the discretion of the village manager (whether specifically requested by the producer or not) at a rate determined annually by the village manager.
B. Equipment. The remuneration rates for the use of any village equipment shall be established by the village manager on a case-by-case basis.
C. Property. Based upon the extent of the use of the village property, the producer shall reimburse the village for using village property and the inconvenience resulting from such use. Reimbursement shall be in accordance with an estimated rate schedule:
(1) Total or disruptive use (regular operating hours) of a public building - per day basis.
(2) Partial nondisruptive use of a public building - per day basis.
(3) Total closure of a public street or right of way - per hour basis.
(4) Partial closure of a public street or right of way on a per hour basis.
D. Payment. All checks shall be made payable to the "Village of Northfield".
E. Restoration. The producer shall be responsible for the restoration of all public property or village equipment to substantially the same condition that such property or equipment was in prior to its use for the production. (Ord. 91-689, 8-26-1991)
(1) Stationary Source. It shall be unlawful within the village of Northfield for any person to permit or cause the emission of any smoke, which smoke exceeds the following permissible limitations, from any stationary source except from fireplaces in residential units and outdoor cooking facilities accessory to residential units. The emission limitations are as follows:
(a) Smoke of a density, shade or opacity equal to but not greater than no. 1 on the Ringelmann chart may be emitted for a maximum period of four (4) minutes out of every two (2) hours.
(b) Smoke of density, shade or opacity equal to but not greater than no. 2 on the Ringelmann chart may be emitted for a maximum period of four (4) minutes out of every two (2) hours.
(2) Nonstationary Source. It shall be unlawful within the village of Northfield for any person to permit or cause the emission of any smoke from a nonstationary source of a density, shade or opacity greater than no. 2 on the Ringelmann chart, with the exception of diesel-powered vehicles during the first fifteen (15) seconds after accelerating from a stationary position, when they shall be permitted not greater than no. 3 on the Ringelmann chart. Outdoor cooking facilities to a residential use are hereby excepted. (1986 Code)
A. Passenger buses under the jurisdiction of the public utilities commission; or
B. Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. (1960 Code)
(1) Definitions.
COIN OPERATED VIDEO DEVICE. As used in this division means any machine or device operated by means of the insertion of a coin, credit card, token or similar object for the purpose of purchasing or renting a videocassette or videotape.
VIDEO ESTABLISHMENT. Shall include premises in which the primary business is the retail sale or rental of videocassettes or videotapes.
VIDEOCASSETTE OR VIDEOTAPE. A recording of a television program, motion picture or other show or performance on a magnetic tape intended for public or private viewing. (Ord. 500, 4-28-1987; amd. Ord. 98-949, 10-26-1998, eff. 1-1-1999)
(2) Special Use Permit. No license for an establishment specified in subsection (1) of this section shall be issued by the village clerk without the applicant first having obtained a special use permit pursuant to the requirements of appendix A, article XVI of this code. (Ord. 500, 4-28-1987; amd. Ord. 98-949, 10-26-1998, eff. 1-1-1999; Ord. 03-1156, 3-18-2003)
A. Fee Established: There is hereby established a fee for issuance of an overnight parking permit by the city for an annual, monthly, temporary and conditional overnight parking permit, a fee for the transfer of such a permit, and a fee for the replacement of such a permit. The council shall set, from time to time, the amount of the fees for annual, monthly, temporary, and conditional permits and for the transfer and replacement of such permits by resolution.
B. Components Of The Fee: The overnight parking fees established by this part shall include: 1) the city's administrative cost to administer the overnight parking permit program, including, but not limited to, review and process applications, verify information in applications, inspect on site parking at the residence and off site parking available in the area, review and process denials, appeals, and revocations, and fuel and maintenance costs for inspection and enforcement vehicles; 2) the city's administrative cost to enforce the overnight parking program; and 3) the city's cost to repair and maintain streets burdened by overnight parking, including, but not limited to, repair and maintenance of sidewalks, curbs, gutters, and pavement replacement and resurfacing. The city will, from time to time, commission a fee study to assess the costs and ensure the fee reflects the actual cost of the service provided.
C. Payment Of Fee: The applying owner shall pay the fee applicable to the permit applied for at the time the application is filed with the city. Applications will not be processed without payment of the appropriate fee.
D. Proration Of Fee: The issuing officer is hereby authorized to prorate the fee for annual overnight parking permits for each quarter of the calendar year (January 1 through December 31) that shall have elapsed at the issuance of the permit, based on a schedule adopted by resolution of the city council.
E. Refund Of Fee: The issuing officer is hereby authorized to refund a portion of the fee paid by an applicant in the event the issuing officer denies the permit. Only that portion of the fee attributable to enforcement and repair and maintenance shall be refunded. No portion of the fee shall be refunded in the event that the permit is lost, stolen, transferred, or revoked. (Ord. 10-935)
A. The owner or owners of lands within areas proposed to be annexed to the city and proposed to be connected to the sewage works shall deposit with the superintendent a sum to be fixed by the superintendent, prior to commencement of proceedings by the council on the proposed annexation. The amount to be fixed by the superintendent shall be in a sum estimated to equal the engineering, legal and publication costs and all other charges which may be incurred by the city in preparing and examining maps, legal descriptions, and other documents in relation thereto, and other expenses regularly incurred in connection therewith.
B. Should the amount of the deposit exceed the costs incurred by the city the excess shall be refunded to the owner or owners following the conclusion of the final hearing on the proposed annexation. Should the amount of the deposit be insufficient to pay such costs incurred by the city the owner or owners shall advance such additional sums as shall be necessary to pay the costs prior to the final hearing on the proposed annexation. (Ord. 309 Art. 8, § 5, 1975)
(1) Residential Solicitation. Residents of Northfield desiring to give notice to solicitors of permission to solicit or desiring to prohibit all solicitors from soliciting shall do so by posting one of the following notices at the front or main entrance door:
ONLY SOLICITORS REGISTERED IN NORTHFIELD INVITED
or
SOLICITATION PROHIBITED
(2) Commercial Property Solicitation. Owners and tenants of commercial properties may give notice to registered solicitors of permission to solicit or may prohibit all solicitors from solicitation only under the following conditions:
(a) An owner may post one of the following notices at each entrance to the building:
ONLY SOLICITORS REGISTERED IN NORTHFIELD INVITED
or
SOLICITATION PROHIBITED
(b) A tenant may post one of the following notices on the tenant's doorway only, stating:
ONLY SOLICITORS REGISTERED IN NORTHFIELD INVITED
or
SOLICITATION PROHIBITED
All notices shall be on placards or cover an area at least ten (10) square inches and all letters for all notices shall be at least one-third inch (1/3") in height. Cards available for such postings shall be available from the chief of police and the village hall.
The exhibition of such a card shall constitute sufficient notice to any solicitor of the determination by the occupant of the premises of the occupant's intention with respect to solicitors and shall also be sufficient to constitute notice for purposes of prosecuting any violators of this division. (Ord. 05-1249, 7-19-2005)
A. A license may be issued only to the following organizations: (1986 Code; amd. Ord. 15-1610, 3-17-2015)
(1) Bona fide religious, charitable, labor, business, fraternal, educational, or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license and which have had during that entire five (5) year period a bona fide membership engaged in carrying out their objects; or
(2) A nonprofit fundraising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster. (1986 Code)
B. For the purpose of this article II, division XI, the following definitions apply:
(1) Nonprofit: An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation.
(2) Charitable: An organization or institution organized and operated to benefit an indefinite number of persons. The service rendered to those eligible for benefits must also confer some benefit on the public. (1986 Code; amd. Ord. 15-1610, 3-17-2015)
(3) Educational: An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax supported schools. (1986 Code)
(4) Religious: Any church, synagogue, congregation, society, or organization founded for the purpose of religious worship. (1986 Code; amd. Ord. 15-1610, 3-17-2015)
(5) Fraternal: An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
(6) Veterans: An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
(7) Labor: An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.
(8) Business: A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community. (1986 Code)
C. A raffle license is valid for only one raffle. (1986 Code; amd. Ord. 15-1610, 3-17-2015)
A. The permit is obtained by a resident of the property in front of which the oversized vehicle will be parked in accordance with this article.
B. The oversized vehicle is parked on the street immediately adjacent to the property upon which the person requesting the permit resides.
C. The duration of the permit shall not exceed forty eight (48) hours.
D. At the discretion of the city manager, or his designee, a permit may be issued for a period not to exceed seventy two (72) hours to accommodate houseguests.
E. No more than four (4) permits shall be issued for any specific oversized vehicle within any given calendar month. Permits may not be issued for consecutive periods, and there must be a minimum of forty eight (48) consecutive hours between the issuance of permits for a specific property or a specific oversized vehicle.
F. The oversized vehicle shall not be used for overnight camping, lodging, residing in, or any use for accommodation purposes.
G. The oversized vehicle shall not visibly block or obscure any existing safety or traffic control device, nor shall it be parked in such position that another's driveway approach is jeopardized, and it shall otherwise meet all other parking requirements for the street upon which it is parked.
H. The oversized vehicle is not licensed, registered or used for commercial purposes.
I. The city manager, or designee, determines that the parking of the oversized vehicle would not create a public safety hazard. Such a determination may be made based on factors, including, without limitation, the size of the oversized vehicle, the configuration of the street or the location of any nearby driveways, trees, improvements or structures. (Ord. 06-910)
A. If the building official, fire chief, and/or health official (or designees thereof) determine that a public nuisance exists at real property (or any buildings or structures thereon) to such an extent that said property (or any building or structure thereon) is immediately dangerous to the life, limb, property, or safety of the occupants of the property or the general public, the building or structure shall be ordered to be vacated.
B. If any building or structure is ordered vacated pursuant to this section, the notice of abatement issued pursuant to section 4-2C-12 of this article, in addition to the information required pursuant to section 4-2C-12 of this article, shall include:
1. A determination that the building official, fire chief, and/or health official (or designees thereof) has determined that the property (and/or any building or structure thereon) constitutes an immediate danger to the life, limb, property, or safety of the occupants of the property or the general public;
2. A reference to the specific building(s) and/or structure(s) which is/are being ordered vacated;
3. The date and/or time when the order to vacate becomes effective; and
4. Language that substantially states that:
No person shall remain in or enter any building or structure that has been ordered vacated until authorized to do so by the Building Official, Fire Chief, and/or Health Official. No person shall remove, alter, or deface this Notice after it has been posted at the property referenced herein until all required repairs, demolition, or removal have been completed in accordance with this Notice and until such time as the removal of this Notice has been authorized by the Building Official, Fire Chief, and/or Health Official. Any person violating this Order to Vacate shall be guilty of a misdemeanor.
(Ord. 11-950)
(1) The applicant's full name and post office address and whether such applicant is an individual, firm or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included.
(2) The location and type of proposed food service establishment, food store, food delivery vehicle or food vending machines.
(3) The signature of the applicant or applicants.
If the application is for a temporary food service establishment or food store, it shall also include the dates of the proposed operation. (1986 Code)
A. The city manager shall cause alleged violations of this code to be investigated forthwith;
B. The city manager shall review these findings within thirty (30) days and either authorize the sheriff of Los Angeles County to post such notice as is hereinafter set forth and perform such other duties to enforce this code as are necessary or shall notify the said sheriff in writing, that no abatement is necessary. (1960 Code)
A. The address of the structure to be boarded or temporarily secured;
B. The type of building;
C. For residential structures, the number of dwelling units;
D. For nonresidential buildings, the number of building square feet and the linear footage of all building faces at ground level;
E. The name, address and telephone number of a person authorized to act as an agent for the owner for performing the owner's obligations under this article, who lives within forty (40) miles of Salt Lake City;
F. Whether the property has the required external water source for landscaping, if landscaping is required; and
G. A description of the condition of the building and the landscaping of the surrounding property. (Ord. 27-00 § 4, 2000: Ord. 80-94 § 2, 1994)
A. Significant industrial users shall provide and operate at their own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building's sewer or internal drainage system. The monitoring facility will normally be situated on the user's premises, but the POTW may, when such a location is impractical and could cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area; located so that it will not be obstructed by landscaping, parked vehicles, or other activities of the user.
B. Where required by the POTW, additional manholes or sampling chambers shall be provided at each end of each industrial process within an industrial user's facility suitable for the determination of compliance with the pretreatment standards.
C. When required by a wastewater discharge permit, the holder of the permit shall install a large manhole or sampling chamber for each separate discharge regulated by the permit. The manhole or sampling chamber shall be in accordance with specifications approved by the POTW. The manhole or sampling chamber shall be operated and maintained at the industrial user's expense and shall have ample room in each sampling chamber to permit the POTW to take accurate composite samples for analysis. The chamber shall be safely, easily and independently accessible to authorized representatives of the POTW at all times.
1. Each sampling chamber shall contain a Palmer-Bowlus flume unless a weir or similar device is approved by the POTW. The flume or weir shall be equipped with a recording and totalizing register for measurement of liquid quantity discharged to the POTW. At the discretion of the POTW the metered water supply to the industrial plant may be used as the liquid quantity discharged to the POTW, where it can be substantiated to the POTW that the metered water supply and the quantity discharged to the POTW are approximately the same.
2. When required by the POTW, the significant industrial user shall install and maintain, at its own expense, a circular flow recording device with a seven (7) day flow indicating and totalizing feature (i.e., "Control Electronics model PDS 300" or equivalent), designed for open channel recording. (Ord. 2005-10, 3-15-2005)
3. When required, samples shall be taken every hour or quarter hour, as determined by the POTW and properly preserved and refrigerated in accordance with the analytical procedures stated in 40 CFR part 136 or an equivalent method approved by the EPA. All sampling shall be performed in accordance with the user's wastewater discharge permit. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010)
4. The sampling chamber, metering device, and documentation of the sampling frequencies, sampling methods, and analysis of samples shall be subject, at any reasonable time to inspection and verification by a representative of the POTW.
D. When periodic sampling is required by a wastewater discharge permit, the permittee shall pay the costs of sampling its discharge and the costs of the analysis of its samples. The fees associated with sampling and analysis shall be as stated in the user's wastewater discharge permit.
E. All measurements, tests, analytical procedures, and sampling methods which are referenced in this article shall be determined and performed in accordance with the procedures established by the administrator of the United States EPA pursuant to section 304(g) of the act and contained in 40 CFR part 136, and amendments thereto, or any other procedure approved by the administrator. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other sampling and analytical procedures, including those suggested by the POTW, other parties approved by the administrator.
F. When required by the POTW the industrial user shall install and maintain at its own expense, a stationary refrigerated sampler capable of flow proportional sampling. This requirement shall apply when continued violations to the conditions of sections 7-3A-11 through 7-3A-21 of this article or of the wastewater discharge permit occur. "Continued violations" shall be defined as more than two (2) within a twelve (12) month period. (Ord. 2005-10, 3-15-2005)
A. A peddler, solicitor, mobile outdoor seller, or outdoor seller operating under the umbrella of a local community organization during a permitted special event. The exception is limited to four (4) special events per year. To be eligible for the exception the following is required:
1. The peddler, solicitor, mobile outdoor seller, or outdoor seller must operate under the umbrella of a local community organization during a special event scheduled by the organization.
2. The local community organization must submit a special event application prior to each event (at no cost to the organization).
3. The local community organization shall display their special event permit at all times during the event. If the permit is not displayed the special event will be discontinued, and the local community organization may receive a citation.
4. The local community organization shall submit a vendor special event application for each vendor participating in the event.
5. The local community organization shall provide each vendor with an identification tag showing they are a participant of the special event. Vendor shall display the identification (ID) tag at all times during the event. If vendor does not display ID tag, they will not be allowed to participate in the special event, and may receive a citation.
6. The local community organization shall provide proof of ownership of the property where the event will be held. If the organization does not own the property, written permission to use the property from the owner shall be submitted with the special event permit application.
B. A peddler, solicitor, mobile outdoor seller, or outdoor seller participating in a for-profit special event that has been approved by the City of Grove. The exception is limited for four (4) special events per year. To be eligible for the exception the following is required:
1. The coordinator of the event must submit a special event application prior to each event. Application fees are as follows:
| 1 - 20 vendors | $100 .00 per event |
| 21 - 40 vendors | 200 .00 per event |
| Over 40 vendors | 300 .00 per event |
2. The event coordinator shall display their special event permit at all times during the event. If the permit is not displayed the special event will be discontinued, and the event coordinator may receive a citation.
3. The event coordinator shall submit a vendor special event application for each vendor participating in the event.
4. The event coordinator shall provide each vendor with an identification (ID) tag showing they are a participant in the special event. Vendor shall display the ID tag at all times during the event. If vendor does not display ID tag, they will not be allowed to participate in the special event, and may receive a citation.
5. The event coordinator shall provide proof of ownership of the property where the event will be held. If the coordinator does not own the property written permission to use the property from the owner shall be submitted with the special event permit application. (Ord. 720, 4-5-2016)
A. Solid waste within the village of Northfield may be collected and disposed of only by a solid waste contractor specifically licensed and designated by the village to perform such a function. (Ord. 95-841, 4-24-1995)
B. No garbage, rubbish, miscellaneous waste or recyclable material shall be burned, dumped, left, placed, scattered or buried within the village of Northfield.
C. It shall be unlawful for any person to deposit anywhere in the village any garbage or rubbish, or to permit to be deposited on any premises under his or her control any solid waste, except in approved containers in accordance with the provisions of this article.
D. It shall be unlawful for any person to deposit any solid waste in any container owned or lawfully controlled by another person without the consent of such other person.
E. Rubbish and other combustible refuse may be disposed of by incineration within the building where it is produced and accumulated or within a closed building accessory thereto situated on the same premises, in such manner as to render the smoke odorless beyond the lot lines and nontoxic to humans, animals or plants; food waste may be disposed of by grinding or by shredding finely and disposing of it through pipes leading to a public sanitary sewer, provided that all matter so disposed of shall have been ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which the same is deposited.
F. No solid waste collection firm or any person other than a firm specifically designated by the village to perform such a function shall remove any item including, but not limited to, newspapers, aluminum or bimetal cans; or glass bottles, plastic containers placed in or immediately adjacent to village recycling containers.
G. Collection times:
(1) The following hours of operation shall be observed: Between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., except that commercial service in the O/R and M-1 districts along Waukegan and Northfield Roads shall be between the hours of six thirty o'clock (6:30) A.M. and six o'clock (6:00) P.M.
(2) Collection service will not be conducted on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays falls on a regular collection day, the schedule will be adjusted to complete the missed collection day within two (2) days. Schedule adjustments shall be made so that collection will occur on the regular schedule within one week. (Ord. 91-662, 1-28-1991)
A. Industrial users shall provide necessary wastewater treatment as required to comply with the most stringent requirements of this article, federal pretreatment standards, as established by 40 CFR chapter N, subpart I, Illinois state standards and any permit conditions. Industrial users shall achieve compliance with all national categorical pretreatment standards within the time limitations specified by federal pretreatment regulations, and with any other pretreatment standard by applicable deadlines.
B. All facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POTW for review, and shall be approved by the POTW before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this article and other permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the POTW prior to the industrial user's initiation of the changes. (Ord. 2005-10, 3-15-2005)
A. If the director of housing and neighborhood development determines that a boarded building is not being maintained, the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent requiring compliance with the building maintenance standards within seven (7) days.
B. If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order, the city may cause the work to be done by a contractor employed by the city.
C. The city shall bill the property owner:
1. The administrative fee shown on the Salt Lake City consolidated fee schedule, per year to cover the city's administrative expenses in contracting for the building maintenance; and
2. The actual cost of building maintenance billed to the city by the city's contractor. (Ord. 24-11, 2011)
A. In addition to the investigation pursuant to section 11-4 of this chapter, the village shall have the right and opportunity to request information and assistance from any appropriate federal, state, or local governmental agency as part of the authorized investigation of the applicant or any employee. Criminal background check forms will be completed and forwarded to the Illinois state police who will conduct a criminal background investigation. In addition, the village shall review the materials required pursuant to this division. Payment of all costs associated with any investigation or criminal background check pursuant to this section shall be paid by applicant.
B. Information concerning convictions or findings of guilty of a person investigated under this section, including the source of the information and any conclusions or recommendations derived from the information shall be provided, upon request, to the applicant prior to final action by the village on the application. Such information on convictions or findings of guilty shall be provided, upon request, to the person investigated.
C. Any information concerning criminal convictions or findings of guilty obtained by the village shall be confidential and may not be transmitted outside the village, except as required herein, and may not be transmitted to anyone within the village except as needed for the purpose of evaluating the applicant, an employee, or other person investigated pursuant to this section.
D. Only information and evaluation standards that bear a reasonable and rational relation to the operation of a massage establishment shall be used by the village. Any person receiving confidential information under this section who gives or causes to be given any confidential information concerning any criminal convictions or findings of guilty of an applicant, employee, or other person investigated shall be guilty of a violation of this code unless a release of such information is authorized by this section, or by a court of competent jurisdiction, or by the person investigated. (Ord. 11-1479, 2-15-2011)
A. Appeal Authority: Decisions of the Director on site plan review applications may be appealed to the Planning Commission. Decisions by the commission may be appealed to the City Council.
B. Appeal Initiation, Filing, Content: Appeals may be initiated by an applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Director. A notice of appeal shall be in writing and shall be filed in the Office of the City Clerk upon forms provided by the City. An appeal from decision, determination, or interpretation of the Director in the administration of the provisions of this article must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this article.
C. Appeal Hearing And Notice: Once filed, the appeal shall be held before the Planning Commission at their next meeting where the noticing requirements can be met. Appeal hearings shall be noticed in accordance with section 9-1F-23 of this chapter.
D. Commission Decision: On an appeal from a decision of the Director, the Planning Commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the Director. If the applicant or any other party as defined in subsection B of this section is dissatisfied with the decision of the commission, they may within a fifteen (15) day time period, appeal the same to the Council, in the same manner as an appeal is taken from the decision of the Director. An appeal to the Council shall be filed with the City Clerk. (Ord. 13-980)
A. The city manager shall cause alleged violations of this code to be investigated forthwith.
B. The city manager or his authorized agent shall review these findings within thirty (30) days and either authorize the sheriff of Los Angeles County to post such notice as is hereinafter set forth and perform such other duties to enforce this code as are necessary or shall notify the said sheriff, in writing, that no abatement is necessary. (1960 Code)
A. In General: After or concurrently with service of a complaint under this article, the district may:
1. Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
2. Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
3. Send a written notice that requires the person to whom the notice is directed:
a. To appeal at a hearing at a time and place scheduled in order to answer the charges in the complaint; or
b. To file a written report and also appear at a hearing at a time and place set to answer the charges in the complaint.
B. Effective Date Of Order: Any order issued under this article is effective immediately, according to its terms, when it is served. (Ord. 12-08-09.35, 12-8-2009)
A. No building shall occupy any portion of a required yard, or open space, except as otherwise provided in this chapter.
B. The distance between buildings used for human habitation and other buildings used for human habitation, and accessory buildings shall not be less than ten feet (10'), provided that the distance between buildings used for human habitation and accessory building may be reduced to five feet (5') when all facing walls are of one hour fire resistive construction throughout. When buildings are less than ten feet (10') apart, as herein provided, a minimum five foot (5') wide yard area, open and unobstructed from the ground to the sky, shall be provided and maintained between such buildings.
C. No portion of any main building shall be located in any required yard area. For the purpose of this section buildings shall be considered to be connected, when the roof is extended from one building to the other for not less than fifty percent (50%) of the length of the opposing wall of the smaller of such buildings, and in such cases the required yard areas for the main building shall then apply to the entire structure.
D. On a reversed corner lot an accessory building may be built to the interior side lot line when located to the rear of the required side yard, provided that no portion of such building shall be erected closer than five feet (5') to the property line of any abutting lot to the rear of such reversed corner lot.
E. On the rear third of an interior lot accessory buildings and structures not containing accessory living quarters may be built to the lot side lines and the lot rear line, provided if the rear of the lot abuts upon an alley a garage with a vehicular entrance from the alley shall maintain a distance of not less than fifteen feet (15') from the centerline of the alley; if either an alley or a utility easement exists along the rear of the lot, not less than ten feet (10') of the lot rear line shall be maintained free and clear of buildings or structures, except for a fence with a gate to provide access to the alley or utility easement as the case may be. If a utility pole is located on the easement, then the required opening in the fence or wall shall be so located as to provide immediate access to the pole.
Exceptions to these regulations shall include the front lot or lots of lot splits developed as tiered or flag lots, interior lots of unequal depths, and lots perpendicular to reverse corner lots, in which cases the rear and side yard area required for placement of accessory structures shall be not less than five feet (5'). (1960 Code)
(1) No single-newspaper vending machine shall exceed fifty inches (50") in height, twenty seven inches (27") in width, or twenty inches (20") in depth. No double-newspaper vending machine shall exceed sixty inches (60") in height, twenty four inches (24") in width, or twenty inches (20") in depth.
(2) No writing or advertising may be displayed on any newspaper vending machine except for the name and price of the newspaper, instructions for its use, and information to report malfunction of such machine.
(3) Each newspaper vending machine shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
(4) Each newspaper vending machine shall have affixed to it in readily visible place so as to be seen by anyone using the newspaper vending machine a notice setting forth the name and address of the distributor and the telephone number of a working telephone number to call during normal business hours to report a malfunction of the coin return mechanism. Such notice shall not exceed one square foot in size.
(5) Each newspaper vending machine shall be dark brown in color.
(6) Each newspaper vending machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newspaper vending machine shall be serviced and maintained so that:
(a) It is reasonably free of dirt and grease.
(b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
(c) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
(d) The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
(e) The structural parts thereof are not broken or unduly misshapen.
(7) It shall be unlawful for any person to place or maintain any publication or material in newspaper vending machines which exposes to public view any pictorial material which depicts or appears to depict nudity or offensive sexually explicit material. (Ord. 482, 10-28-1986)
A. All proposed projects shall be subject to the provisions of the above sections, as part of the site plan review process. All projects shall be reviewed by city staff for compliance with TDM and CMP regulation.
B. Prior to issuance of a certificate of occupancy, each project shall be reviewed by city staff to verify that all requirements of the TDM and CMP have been complied with. (1960 Code)
A. No person, firm or corporation shall transport solid waste, or cause to be transported over the streets or other public ways in the village of Northfield unless such solid waste being transported is entirely and securely covered. Garbage shall not be transported over or along the streets of the village of Northfield or other public property thereof except in a leakproof, covered truck body specifically manufactured for the transportation of garbage. Solid waste collection equipment shall not be stored or kept within the village limits of the village of Northfield in any manner at any time or for any reason.
B. It shall be unlawful to place or permit to remain anywhere in the village any garbage, or other material subject to decay, other than properly tended compostable material, except in a tightly covered metal or plastic container.
C. It shall be unlawful to cause or permit to accumulate any dust, ashes or garbage or any material anywhere in the village except in a covered container so that it cannot be blown away by the wind.
D. The solid waste collection firm or contractor shall immediately clean up in a neat and workmanlike manner any refuse he may have spilled or permitted to be spilled in the village of Northfield, and shall replace, at his expense, refuse containers which may have been damaged by his employees. (Ord. 91-662, 1-28-1991)
(1) The chief of police may deny an application for a license if the applicant fails to provide the information required by, or is otherwise not in compliance with, any provisions of this division XIII or any applicable rules or regulations. Any person seeking to appeal the denial may do so by filing a written request for a hearing with the village manager. Such request must be filed within thirty (30) days of the denial, and a hearing must be held within thirty (30) days of receipt of the request. The hearing shall be conducted in accordance with the procedures provided herein.
(2) The chief of police may revoke or suspend the license or permit of any person who violates any provision of this division XIII or rules or regulations adopted pursuant to division XIII. Before any such revocation or suspension is imposed, the licensee or permit holder shall be notified by mail of the specific violation and the date for a hearing on the matter, to occur not fewer than seven (7) days and not more than fourteen (14) days after the mailing of the notice. The hearing shall be conducted in accordance with the procedures provided herein. (Ord. 95-831, 2-27-1995)
(1) He shall be responsible for the performance by the police department of its functions. All persons who are members of the police department and all nonsworn personnel within the police department shall serve subject to the orders of the chief of police.
(2) The chief of police shall be keeper of the village detention facility which is established and located in the village hall and shall have charge and custody of it and of all persons incarcerated therein.
(a) In all cases of arrest in which detention and custody of any person arrested for violations of this code shall be authorized, it shall be the duty of the keeper of the village detention facility to receive, and he is authorized and empowered to receive from any person legally empowered to make arrests, any person arrested, and to detain such prisoner until such prisoner shall furnish proper bail or can be safely brought before a court of competent jurisdiction.
(b) It shall be the duty of the chief of police to keep the village detention facility in such condition and to care for all persons incarcerated therein, in a manner conforming to the requirements of the department of correction, bureau of detention standards.
(3) He shall make and retain such records and reports concerning the activities of his department as may be required by statute, the corporate authorities or the village manager.
(4) Such other duties as may be assigned by the village manager. (Ord. 91-676, 4-22-1991)
A. The POTW, IEPA and USEPA shall have the authority to inspect the facilities of all industrial users to determine whether the purposes of this article are being complied with. The POTW, IEPA and USEPA shall also have the authority to sample industrial users to determine whether the pretreatment standards are being met on a consistent basis. Persons or occupants of the premises in which a discharge source or pretreatment system is located or in which records are kept, shall allow the POTW, IEPA, USEPA or its representatives ready access upon presentation of credentials, at reasonable times, to all parts of said premises for the purposes of inspection, sampling, examination of and photocopying of records required to be kept by this article. The POTW, IEPA and USEPA shall have the right to set up on the industrial user's property, devices as are necessary to conduct sampling, monitoring and metering operations. When an industrial user has security measures in force which would require clearance, training, or the wearing of special protective gear, the industrial user shall make necessary arrangements at its own expense, to enable authorized representatives of the POTW, IEPA and USEPA to enter and inspect the premises. When suitable identification is necessary to enter the premises of an industrial user, such arrangements shall be made by those industrial users with their security force within thirty (30) days of the passage of this article.
B. Industrial users and the POTW shall maintain records of all information resulting from any monitoring activities required by this article and shall include:
1. The date, exact place, method and time of sampling and the names of persons taking the samples. The chain of custody record must be maintained for each separate sampling;
2. The dates analyses were performed;
3. Who performed the analyses;
4. The analytical method/techniques used;
5. The results of such analyses.
C. Users shall maintain and make available upon request of authorized representatives of the POTW, IEPA or USEPA, all records required to be collected by the user pursuant to this article or the wastewater discharge permit or any other permit issued. These records shall remain available for a period of at least three (3) years after their collection. When an industrial user monitors any pollutant more frequently than required, using the appropriate procedures, the results shall be included in its reporting, and be made available upon request.
D. All analyses, including sampling results, submitted in support of any application, reports, evidence or required by any permit or order shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, or if 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with techniques approved by the EPA. At all times the minimum detection limit must be at or below the most stringent of limits (federal, state or local discharge limits). (Ord. 2005-10, 3-15-2005)
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A. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization so licensed.
B. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
C. No person may receive any remuneration or profit for participating in the management or operation of the raffle. (Ord. 90-627, 4-23-1990)
D. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this article II, division XI, or similar provision of another local ordinance or state law. (Ord. 91-667, 2-25-1991)
E. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
F. No person under the age of eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his parent or guardian. (Ord. 91-689, 8-26-1991)
G. The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle may not exceed one hundred thousand dollars ($100,000.00).
H. The maximum retail value of each prize awarded by a licensee in a single raffle may not exceed fifty thousand dollars ($50,000.00).
I. The maximum price which may be charged for each raffle chance issued or sold may not exceed five hundred dollars ($500.00).
J. The maximum number of days during which chances may be issued or sold may not exceed one hundred eighty (180) days. (Ord. 91-689, 8-26-1991; amd. Ord. 15-1610, 3-17-2015)
(1) No newspaper vending machine shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.
(2) No newspaper vending machine shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newspaper vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
(3) No newspaper vending machine shall be chained, bolted, or otherwise attached to any fixture located in the public right of way, except to other newspaper vending machines.
(4) Newspaper vending machines shall be placed next to each other, provided that no group of single-newspaper vending machines shall extend for a distance of more than seven feet (7'), and no group of double-newspaper or combination single and double-newspaper vending machines shall extend for a distance of more than four feet (4').
(5) No newspaper vending machines shall be placed, installed, used or maintained on any public right of way:
(a) Within three feet (3') of any marked crosswalk.
(b) Within twelve feet (12') of the curb return of any unmarked crosswalk.
(c) Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility.
(d) Within five feet (5') of any driveway.
(e) Within three feet (3') ahead or fifteen feet (15') to the rear of any sign marking a designated bus stop.
(f) Within three feet (3') of the outer end of any bus bench.
(g) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6').
(h) Within three feet (3') of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
(i) Within a five hundred foot (500') radius of any other newspaper vending machine located on public right of way containing the same issue or edition of the same publication.
(j) At the intersection of or along the parkway of any street that does not permit parking. (Ord. 482, 10-28-1986)
(6) If compliance with the provisions contained in subsection (5) of this section would prohibit the placement of newspaper vending machines beyond a five hundred foot (500') radius of other newspaper vending machines, allowance may be made for the placement of concrete pads on grass areas at the cost of the vendor. A building permit must be obtained pursuant to existing building codes of the village2. Concrete blocks may be substituted for concrete pads if prior approval is given by the community development director or his/her designate.
(7) When a newspaper vending machine is removed, either by the community development director or his/her designate, as provided for in section 11-92 of this division, or by the distributor or person acting on behalf of the same, from a premises where concrete pads or blocks have been placed, the distributor or person for whom the same has been installed shall remove the concrete and replace the sod. The concrete shall be removed and the sod replaced within ten (10) days, weather permitting. (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)
(1) An offense involving sexual misconduct with children;
(2) An offense enumerated in any provision of article 11, entitled "sex offenses", of the criminal code, 720 Illinois Compiled Statutes 5/11-1 et seq.;
(3) A violation of the controlled substances act;
(4) A violation of the cannabis control act;
(5) A violation of any law of the state of Illinois regarding the sale of an illegal substance;
(6) An offense in any other state, or a federal offense, the elements of which are similar and bear a substantial relationship to any offenses enumerated in this section. (Ord. 11-1479, 2-15-2011)
A. Guideline Checklist:
Overall intent and purpose: Multi-family developments are higher density residential buildings such as apartments, condominiums and townhomes. These developments are typically comprised of attached and detached units with common facilities such as guest parking, open space and recreation areas. The provisions of this section should apply to any addition, remodeling, relocation or construction of a multi-family development requiring a building permit within the city.
Building placement and orientation should be carefully designed to enhance its visual impact on the streetscape, minimize the visibility of garage doors, retain natural site features and complement the existing character of the neighborhood. Site grading should address existing drainage patterns and landforms while providing subtle transitions of architectural elements to grade. Grading and drainage should be coordinated in the initial design phase of the project to ensure the most natural and least evasive approach. Landscaping should be used to define building entrances, parking lots and the edge of various land uses and should be used to buffer and screen neighboring properties from storage areas. Landscaping should create a functional and attractive parking environment.
Parking areas should be well landscaped and screened while avoiding large expanses of paved areas and long rows of parking spaces. Pedestrian and vehicular circulation should be well defined and easily identifiable. Building designers should incorporate three hundred sixty degree (360°) architecture in all buildings and remodels. Three hundred sixty degree (360°) architecture is the full articulation of all building facades and includes variation in massing, roof forms and wall planes, as well as surface articulation. Roofs should reflect a residential appearance through pitch and use of materials. The main building entrance should be clearly identifiable and distinguishable from the rest of the building. All entrances should be emphasized using lighting, landscaping and architecture.
High quality materials should be used to create a look of permanence within the project and materials and colors should be varied to create visual interest in building facades and reduce the monotonous appearance. In addition, the use of durable materials requiring low maintenance is strongly encouraged.
Site planning:
* Buildings should be oriented toward the street.
* Dwellings should incorporate porches, trellises, landscaping and other features in the front yard to help extend the living area toward the street and to help soften the transition between the street and the dwelling.
* Buildings, parking areas and open space shall be arranged to minimize the use of sound walls.
* Courtyards, plazas, pedestrian malls or other methods should be used to break up the building mass; long "barrack like" or continuous rows of structures should be avoided.
* Development should incorporate existing natural features into the overall site design, including significant trees and vegetation and drainage areas.
* Stormwater retention ponds should be designed as a landscape feature.
* Project design should provide for controlled drainage of stormwater away from buildings.
* The number of site access points should be minimized; unnecessary driveway entrances should be avoided.
* The use of colored, textured and permeable paving treatment at entry drives is encouraged to accentuate these areas.
* Drive aisles should link to or provide future access opportunities for adjacent sites.
* Parking areas should be treated as well defined spaces with landscaping, lighting, building massing and pedestrian/vehicular circulation areas.
* The site area adjacent to the street should not be dominated with parking. Parking should be concentrated in areas behind buildings and away from the street when possible.
* Long rows of parking spaces should be avoided.
* Parking areas should be landscaped with shade trees.
* Screening should be provided at the periphery of all parking lots.
* The use of interlocking pavers is encouraged in place of stamped concrete in parking areas.
* Residents of housing projects should have safe and efficient access to usable open space, whether public or private, for recreation and social activities.
* Pedestrian linkages to nearby neighborhoods and other commercial projects should be provided.
* Easily identifiable pedestrian connections should be provided from the street/sidewalk to key areas within or adjacent to the site. Meandering paths provide a pleasant experience and are generally preferred over long, straight alignments.
* Pedestrian walkways should be safe, visually attractive and well defined by landscaping and lighting.
* Use of specialty paving for walkways, such as loose aggregate, paving stones or wooden decks, is encouraged. Paths made from permeable materials, such as decomposed granite, can create a more park like setting and allow for stormwater percolation.
* Patterns and colors should be installed in paving treatments using tile, brick or textured concrete in order to provide clear identification of pedestrian access points into buildings, parking features (i.e., handicapped spaces, pedestrian loading, bus stops/pull outs, etc.), entry drives and at pedestrian crossings within the site.
* Walkways shall not abut driveways in a parallel fashion, such as to effectively widen the driveway. Walkways should be separated from driveways by appropriate landscaping.
* The width of walkways should be in scale with the development. Generally, walkways having a width of approximately four feet (4') are encouraged.
Landscaping:
* Landscaping should be used to:
* Define areas such as building entrances, key activity hubs, focal points and the street edge.
* Provide screening for unattractive and unsightly service areas.
* Serve as buffers between neighboring uses.
* Provide landscaping between the driveway and building.
* A variety of height, textures and colors should be used in the planting pallet.
* A combination of trees, shrubs and ground cover should be incorporated into landscaping plans. Suggested sizes are as follows:
* Trees: Twenty four inch (24") box, thirty six inch (36") box and forty eight inch (48") box.
* Shrubs: Five (5) gallon and fifteen (15) gallon.
* Trees should be used to create more intimate spaces and frame views.
* Trees and shrubs should be located and spaced to allow for mature and long term growth.
* Larger, older trees should be planted to assist new development in looking "established" as quickly as possible.
* Accent planting, such as flowering trees, should be used around entries and key activity hubs.
* Planting should be used to screen less desirable areas from public view, such as trash enclosures, parking areas, storage areas, loading areas, public utilities and mechanical equipment.
* Evergreen trees should be used to soften the appearance of blank walls and provide visual screening but should not be a replacement for enhanced architecture.
* Where more than ten (10) automobile parking spaces exist on a lot or parcel of land, areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles, should be used for landscaping. Trees should be distributed throughout the parking area so as to maximize the aesthetic effect and compatibility with adjoining uses.
* When parking areas of more than twenty (20) cars are provided, parking lot trees with canopies of thirty (30) to forty feet (40') should be planted to shade parked cars and create a more attractive environment.
* Walkways should be provided through landscaped areas along paths of likely travel to protect landscaping from foot traffic.
* The use of creative inert materials, such as fieldstone, stone and wood, are encouraged for paving and wall treatments.
Building design:
* Multi-family development adjacent to single-family neighborhoods should provide a buffer of single-story and/or detached units along the adjoining property line.
* Building designs should include a combination of the following techniques:
* Variation in the wall plane (projection and recess).
* Variation in wall height.
* Roofs located at different levels.
* Combinations of one-, one and one-half- and two-story units are encouraged to create variation in mass and building height.
* Architectural details should be used to enhance the buildings and adjacent pedestrian spaces by adding color, shadows and interesting forms.
* It is expected that the highest level of articulation will occur on the front facade and facades visible from public streets; however, similar and complementary massing, materials and details should be incorporated into every other building elevation.
* Surface detailing should not substitute for distinctive massing.
* Architectural elements that add visual interest, scale and character are encouraged. Examples of such elements include, bay windows, recessed or projecting balconies, trellises, recessed windows, verandas, porches, awnings, overhangs, insets and varieties of materials and textures.
* Long, unbroken facades and box like forms should be avoided.
* There should be a change in wall plane on all facades visible from a public street. Elements such as balconies, porches, arcades, dormers and cross gables should be used to add visual interest.
* Exterior wall planes should be varied in depth and/or direction; bland walls should be avoided. Windows, trellises, wall articulations, arcades or changes in materials or other features should be utilized.
* Where appropriate to the architectural style, materials and textures should vary between the base and the body of a building, in order to break up large wall planes and add visual appeal to the base of the building. Heavier materials should be used to form the building base and as accents on upper stories and walls.
* On lower walls, architectural details that relate to human scale, such as arches, trellises or awnings, should be utilized.
* The height of the building should be varied so that it appears to be divided into distinct massing elements.
* The upper story of a two-story building should be stepped back to reduce the scale of facades facing the street, courtyards or open space areas.
* Structures with greater height should include additional setbacks and steps within the massing so as to transition heights from adjacent properties and to avoid dominating the character of the neighborhood.
* Tall or large structures should emphasize horizontal planes through the use of trim, awnings, eaves, other ornamentation or a combination of complementary colors.
* Textures, colors and materials should be unifying elements in the buildings.
* The use of materials and color should convey a sense of quality architecture and permanence. Contrasting but compatible colors should be used for windows, doors, trim and key architectural elements.
* Material changes not occurring at a change in plane appear "tacked on" and should be avoided.
* To the extent possible, each of the units should be individually recognizable. The following methods could be used to break up building massing:
* Vary front setbacks within the same structure.
* Stagger and jog unit planes.
* Design a maximum of two (2) adjacent units with identical wall and rooflines.
* Vary building orientations to avoid the monotony of long garage door corridors.
* The entrances to individual units should be visible from nearby parking areas or the street where possible.
* Each unit's entry should be easily identifiable and distinguishable.
* Internal access to individual rooms shall be taken from public or common areas. There should be no more than three (3) entry/exit doors serving any dwelling unit, unless required by the building code.
* The different parts of a building's facade should be articulated by the use of color, arrangement of facade elements or a change in materials.
* The selection and placement of building materials should provide visual interest at the pedestrian level.
* Stairways should be designed as an integral part of the overall architecture of the building and should complement the building's mass and form.
* Stairwells should be solid and constructed of smooth stucco, plaster or wood, with accent trim of complementary colors. Thin looking, open metal and prefabricated stairs are strongly discouraged.
* Minimize the concrete area of driveways to the extent possible.
* Pervious surfaces, such as pervious concrete or grass crete, should be used in driveways and paved areas. Encourage all driveways to have decorative paving and/or brickwork, as well as abutting shrubs or vines to soften the visual impact.
* Garages should be sited with the least amount of visual impact from the street.
* Garages should be subordinate to the main living area when viewed from the street. Where possible, the garage should be recessed behind the dwelling unit and not located between the main living area and the street.
* Detached garages should be designed as an integral part of the architecture of the project and should be similar in materials, color and detail to the principal structures of a development. A pitched or hip roof design is desired, if possible.
* Garage doors should appear to be set into the walls rather than flush with the exterior wall.
* Carports are generally discouraged but if provided in addition to the required garage parking, the design should be compatible with the primary structures on the parcel, such as roof slope, materials and details.
Windows:
* Window type, material, shape and proportion should complement the architectural style of the building.
* Windows should be articulated with sills, trim, kickers, shutters or awnings authentic to the architectural style of the building.
* Faux shutters shall be proportionate to window openings.
* Where appropriate to the architectural style, windows should be generously inset a minimum of three inches (3") from the building walls to create shade and shadow detail.
Roof materials and forms:
* Multiform roof combinations are encouraged to create varying roof forms and break up the massing of the building.
* Full roof forms that cover the entire building, such as gabled, hip or shed roof combinations are strongly encouraged and are preferred to mansard roofs and segments of pitched roofs applied at the building edge. If parapet roofs are used, these should include detailing typical of residential character and design.
* Rooflines should be broken at intervals no greater than fifty feet (50') long by changes in height or step backs.
* Rooflines should be designed to screen roof mounted mechanical equipment. All screening should be constructed consistent with the materials of the building and should be designed as a continuous component installed the length of the elevation.
* When mission and Spanish style roof tiles are used, terra cotta, two (2) piece barrel tiles with a blend of colors are preferred to ("S") type tiles.
Walls and fences:
* Fences and walls should be minimized along public streets.
* Fences and walls should be designed to complement project architecture.
* For walls and fences, materials such as wood, wrought iron, brick and stone are encouraged.
* Concrete masonry unit (CMU) walls should be constructed with slump block, split face or other decorative block style.
* Fences and walls should be constructed as low as possible while still performing their screening, noise attenuation and security functions.
* Long expanses of fences and walls should be offset and architecturally designed to prevent monotony. Landscape pockets should be provided.
* Both sides of all perimeter walls or fences should be finished and designed to complement the surrounding development. Landscaping should be used in combination with such walls whenever possible.
* Walls on sloping terrain should be stepped to follow the terrain.
Utilitarian aspects:
* Utilitarian aspects of the project should be aesthetically screened from view.
* Mechanical equipment, including gas and electrical meters, cable boxes, junction boxes, and irrigation controllers, should be located within a utility room, along with the fire riser and roof access ladder. Where this cannot be achieved, these elements should be designed as an integral part of the building on a rear or side elevation and screened from public view.
* All vents, gutters, downspouts, flashing and electrical panels should be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the overall color scheme of the building.
* Gutters and downspouts should be decorative, designed to integrate with the building facade, and should not appear as a "tacked on" afterthought.
* Discharge from gutters and downspouts should not flow directly across pedestrian walkways.
* Accessory structures should be designed as an integral part of the architecture of the project. These structures should be similar in materials, color and detail to the principal structures of a development and designed with pitched or hip roofs if possible.
* Common mailbox enclosures should be designed to be similar or complementary in form, material and color to the surrounding residential buildings and should be located in alcoves away from the streetscape.
* Trash and recycling containers should be designed to be consistent with the development and should be screened with landscaping. Architecturally designed roof structures should be used to create a finished looking structure.
* Trash enclosures should be unobtrusive and conveniently located for disposal by tenants and for collection by service vehicles.
* Multi-family housing should generally have centrally located trash bins in appropriate enclosures. Individual trash cans should be discouraged, unless the individual dwelling units have direct street frontage. (Ord. 05-896)
Runoff reduction:
* Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground.
* Maximize permeable areas to allow more percolation of runoff into the ground through such means as:
* Biofilters;
* Green strips;
* Swales.
* Maximize the amount of runoff directed to permeable areas and/or maximize stormwater storage for reuse or infiltration by such means as:
* Orienting roof runoff toward permeable surfaces, dry wells, French drains, or other structural BMPs rather than directly to driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site.
* Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse.
* Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
* Any construction project adding downspouts, gutters and subsurface pipes directing stormwater to the curb face shall have a French drain system of perforated pipe and gravel unless site specific circumstances endanger public safety:
* Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off site flows;
* Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and
* Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground.
* Minimize the amount of runoff directed to impermeable areas and/or maximize stormwater storage for reuse:
* Install rain gutters and orient them toward permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site;
* Modify grades of property to divert flow to permeable areas and to minimize the amount of stormwater leaving the property;
* Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal;
* Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and
* Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
* Reduce parking lot pollution:
* All parking lots should use oil and water separators or clarifiers to remove petroleum based contaminants and other pollutants which are likely to accumulate;
* Direct runoff toward permeable areas and away from pollutant laden areas such as parking lots; and
* Construct portions of parking lots from porous materials. (Ord. 07-916)
A. Within nine (9) months of the promulgation of a national categorical pretreatment standard or pretreatment requirement or such shorter time as specified within the standard or requirement, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time prescribed by such standard. The user shall reapply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the pretreatment standard.
B. A user must reapply for a permit:
1. Whenever the mass loading of pollutants contained in the permitted discharge exceeds the average daily quantity applied for by greater than ten percent (10%); and/or
2. Prior to any new introduction of pollutants or any substantial change in the volume or character of pollutants introduced into the POTW.
C. A user may reapply for a wastewater contribution permit whenever the user believes that some of the permit requirements no longer apply. (Ord. 12-08-09.35, 12-8-2009)
A. Display Of Permits: The permit holder shall at all times display the overnight parking permit, as required under this section:
1. Annual Permits: All annual overnight parking permits shall be visibly placed on the outside of the rear (back) window in the lower left hand corner (driver's side) or on the left hand side of the rear bumper, and the permit shall not be effective unless so placed. (Ord. 10-938)
2. Monthly Permits/Conditional Permits: All monthly and/or conditional overnight parking permits shall be visibly placed face up on the driver's side dashboard area of the vehicle, and the permit shall not be effective unless so placed.
3. Temporary Permits: All temporary overnight parking permits shall be visibly placed face up on the driver's side dashboard area of the vehicle, and the permit shall not be effective unless so placed. Temporary overnight parking permits are not effective unless the vehicle license number or vehicle identification number (VIN) is clearly displayed, in ink, on the permit.
B. Compliance With Laws: The permit holder shall at all times comply with all state and city of Temple City traffic, parking, and safety laws. Conviction or pleading guilty to a parking ticket or citation for a moving violation is grounds for revocation of the overnight parking permit.
C. Change Of Address: The permit holder shall inform the city of any change in his/her residence address. The overnight parking permit will not be valid for a new address, unless the owner applies for a transfer of the permit and the issuing officer approves the transfer, as provided in this part. (Ord. 10-935)
A. The fee shown on the Salt Lake City consolidated fee schedule for each structure; and
B. A plumbing permit fee shown on the Salt Lake City consolidated fee schedule to install the external irrigation hose bib, if required, and not already present. (Ord. 24-11, 2011)
A. Hearing On Order: Within ten (10) days after being served with an order, the person served may request a hearing by writing to the district, attention plant manager.
B. Subpoenas; Witnesses:
1. In connection with any hearing under this section, the district may:
a. Subpoena any person or evidence; and
b. Order a witness to give evidence.
2. A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action. (Ord. 12-08-09.35, 12-8-2009)
A. If the director of housing and neighborhood development determines that the landscaping on the property surrounding a boarded building is not being maintained as required by city code, the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent, requiring compliance with landscaping standards within seven (7) days.
B. If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order, the city may cause the work to be done by a contractor employed by the city.
C. The city shall bill the property owner:
1. The administrative fee shown on the Salt Lake City consolidated fee schedule, per year, to cover the city's administrative expenses in contracting for the landscaping maintenance; and
2. The actual cost of landscaping maintenance billed to the city by the city's contractor. (Ord. 24-11, 2011)
A. When Permitted: Where a public sanitary or combined sewer is not available under the provisions of subsection 23-42D of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B. Permit Required Prior To Construction: Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the building official. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee as required in section 7-21 of this code shall be paid to the city at the time the application is filed.
C. Inspection Of Construction: A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The building official shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the building official when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty four (24) hours of the receipt of notice by the superintendent.
D. Standards Of Construction: The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the department of public health of the state. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than state criteria. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. Discontinuance When Public Sewers Available: At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in subsection 23-42D of this chapter, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this division, and any septic tank, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with a suitable material.
F. Operation By Owner: The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
G. Additional Requirements: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 539, § 1-7, 8-18-1983)
A. No building shall occupy any portion of a required yard, or open space, except as otherwise provided in this chapter.
B. The distance between buildings used for human habitation and other buildings used for human habitation, and accessory buildings shall not be less than ten feet (10'), provided that the distance between buildings used for human habitation and accessory buildings may be reduced to five feet (5') when all facing walls are of one hour fire resistive construction throughout. When buildings are less than ten feet (10') apart, as herein provided, a minimum five foot (5') wide yard area, open and unobstructed from the ground to the sky, shall be provided and maintained between such buildings.
C. No portion of any main building shall be located in any required yard area. For the purpose of this section, buildings shall be considered to be connected, when the roof is extended from one building to the other for not less than fifty percent (50%) of the length of the opposing wall of the smaller of such buildings, and in such cases the required yard areas for the main building shall then apply to the entire structure.
D. On a reversed corner lot an accessory building may be built to the interior side lot line when located to the rear of the required side yard, provided that no portion of such building shall be erected closer than five feet (5') to the property line of any abutting lot to the rear of such reversed corner lot.
E. On the rear third of an interior lot accessory buildings and structures not containing accessory living quarters may be built to the lot side lines and the lot rear line, provided if the rear of the lot abuts upon an alley a garage with a vehicular entrance from the alley shall maintain a distance of not less than fifteen feet (15') from the centerline of the alley; if either an alley or a utility easement exists along the rear of the lot, not less than ten feet (10') of the lot rear line shall be maintained free and clear of buildings or structures, except for a fence with a gate to provide access to the alley or utility easement as the case may be. If a utility pole is located on the easement, then the required opening in the fence or wall shall be so located as to provide immediate access to the pole.
Exceptions to these regulations shall include the front lot or lots of lot splits developed as tiered or flag lots, interior lots of unequal depths, and lots perpendicular to reverse corner lots, in which cases the rear and side yard area required for placement of accessory structures shall be no less than five feet (5'). (1960 Code)
A. Duration Of Permit: The Supervisor of Licenses shall determine from the application submitted pursuant to the provisions of this Article and from such facts as may be developed in connection with the application, the period for which the permit shall be approved, provided that the period shall not exceed three (3) calendar months.
B. Renewal Of Permit: The Supervisor of Licenses, upon the receipt of such further information, application or reports as he may deem necessary to safeguard the interests of the public and carry out the purposes of this Chapter, may renew and extend a permit for additional periods, none of which shall exceed three (3) months. (Ord. 438, 4-6-1999)
A. In the case of any discharge in violation of this article or permit conditions, the industrial user shall immediately notify the district of the discharge by telephone. The notification shall include:
1. The date, time, location and duration of the discharge;
2. The type of waste, including concentration and volume; and
3. Any corrective actions taken by the user.
B. Within five (5) days following such a discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
C. Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed under this article or other applicable state or federal law. (Ord. 12-08-09.35, 12-8-2009)
A. The notice of abatement shall be written in a form that is substantially consistent with the following:
Notice of Public Nuisance(s) and
Intention to Abate with City Personnel
("Notice of Abatement")
[Date]
[Responsible Person(s)]
[Mailing Address]
[City, State and Zip Code]
Re:Real Property at , Temple City, CA
L.A. County A.P.N.:
Legal description [Optional]:
Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:
(1)[Describe condition or activities] in violation of Temple City Municipal Code [as well as County and State laws, if applicable] Section(s) .
(a) Required Corrective Action(s): (with all required permits, approvals and inspections).
(b) Required Completion Date: [Repeat (1 a-b) for each additional public nuisance to be included in this notice]
The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal or termination.
Please Take Further Notice that you may appeal this Notice of Abatement by filing an appeal on a City approved form with the City Clerk's office (located at 9701 Las Tunas Drive, Temple City) within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Abatement final and binding. A written request for an appeal shall contain the following information, as well as any other information deemed necessary for the processing of the appeal by the City Manager or designee:
1. Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, "appellant"), as well as relationship of appellant to the public nuisance described in the Notice of Abatement.
2. Address and description of real property upon which the City intends to enter and abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.
6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq.
Please Take Further Notice that, if the public nuisance violations are not abated within the time specified in this Notice and a timely appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter "City Personnel"), in the manner stated in this Notice of Abatement. On such occasions, all costs of the abatement, including, but not limited to, those stated in Article C, Chapter 2, Title 4 of the Temple City Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien, or as a special assessment, or as otherwise allowed by law.
Please Take Further Notice that the City may record a Declaration of Substandard Property with the Los Angeles County Recorder's Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, in the manner and time set forth in this Notice of Abatement and provided that a timely appeal therefrom has not been made.
Please Take Further Notice that, in the event of abatement by City Personnel, all buildings, structures, and/or personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.
Dated: This day of , 20 .
Public Official [Name and Title]
A notice of abatement shall be deemed in substantial compliance with this subsection regardless of form if all substantive information is contained in such notice of abatement. (Ord. 11-950)
A. No person other than a property owner, a City employee, a licensed plumber or approved contractor shall install a water service line, including meter, backflow preventer and approved insulated meter vault. The proper permit shall be obtained in advance. The water service line and appurtenances shall be inspected by the City if installed by a property owner, licensed plumber or approved contractor.
B. No service lines shall be installed without having first obtained written permission from the City. (Ord. 627, 7-20-1989; Ord. 840, 9-19-2017)
A. Except as otherwise expressly required by a provision of this article, any notice required by this article may be served by personal delivery to any responsible person or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. postal service receptacle. Failure of any responsible person to receive a properly addressed notice of abatement by mail shall not invalidate any action or proceeding pursuant to this article.
1. Any notice of abatement that includes an order to vacate shall, in addition to being served upon a responsible party in accordance with this subsection A, shall also be posted at or upon each exit of the building or structure being ordered vacated.
B. Except as otherwise expressly required by a provision of this article, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the Los Angeles County assessor's office. Failure of any owner to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this article. (Ord. 11-950)
A. When any person by reason of special circumstances is of the opinion that any provision of this article is unjust or inequitable as applied to his premises, he may make written application to the council stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises.
B. If such application is approved, the council may by resolution suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing for such period as it finds necessary. (Ord. 309 Art. 2, § 4, 1975)
A. If the director of housing and neighborhood development determines that sidewalks adjacent to a boarded building are not having the snow removed as required by section 18.48.260 of this chapter or its successor, the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent, requiring snow from the present snowfall to be removed and notifying the property owner that if snow from a subsequent snowfall is not removed as required, the city will contract for the removal and charge the property owner, pursuant to this section or its successor.
B. If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order, the city may cause snow, during the winter, to be removed by a contractor employed by the city.
C. The city shall bill the property owner:
1. The administrative fee shown on the Salt Lake City consolidated fee schedule, per year, to cover the city's administrative expenses in contracting for snow removal; and
2. The actual cost of snow removal billed to the city by the city's contractor. (Ord. 24-11, 2011)
A. Single-family residences in zone R-1 shall be subject to the following standards:
1. Eave Projection: Every single-family dwelling shall have an eave projection of at least one and one-half feet (11/2') on at least two (2) opposite sides, and
2. Roof Requirements: Every single-family dwelling shall have a full roof which meets Temple City building code requirements. The following types of roof material shall not be allowed:
a. Glossy or polished surfacing.
b. Roll formed, stamped, extruded or otherwise shaped metal roofing.
c. Plastic, PVC or other types of formed or molded material roofing (does not include clay or cement tile or fiberglass or composition shingles).
3. Exterior Walls: Every single-family dwelling shall have exterior walls of brick, wood, stucco, metal concrete or other similar material. Polished or unfinished metal siding is prohibited.
4. Landscaping: All open areas visible from a street shall be appropriately landscaped. Such landscaping may include grass, flowers, shrubs, trees and ground cover. All landscaped areas and materials shall be regularly and properly maintained.
5. Site Plan Review: Site plan review shall be required for every new single-family residence or any second story addition to an existing residence or any substantial remodel or alteration to an existing dwelling in the R-1 zone district. In addition to the development standards contained herein, the site plan review shall be subject to the following provisions:
a. Entryways Or Covered Porches: Covered front entryways or covered porches shall not be included within the building envelope for purposes of calculating the maximum permitted square footage. However, the maximum permitted height of any such entryway or porch shall be fourteen feet (14'), measured from natural grade to the top of the entryway's or porch's ridge or parapet wall. Further, the distance between the ceiling of the porch roof or entryway cover and the floor below shall not exceed twelve feet (12').
b. First Floor Framing: The "top plate" of the first floor framing detail shall not be more than twelve feet (12').
c. Balconies: Balconies shall be allowed along the front elevation of a dwelling facing a public street. Balconies, like covered entryways and porches, shall not be counted toward "floor area" for purposes of determining FAR.
d. Second Floor Front Setback: At least fifty percent (50%) of the second floor front elevation of any dwelling shall be recessed or set back no less than ten feet (10') from the front wall of the first story.
e. Chainlink Fencing: Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way.
f. Portable Shade Structures: Portable shade structures shall be prohibited in the front yard and in the street side yard.
6. Incentives: By meeting or exceeding development incentives as described in table A of this section, it may be possible to obtain architectural/design bonus credits to exceed the maximum permitted floor area ratio. Incentive bonuses shall be considered and awarded as a part of the site plan review process as described in sections 9-1E-0 to 9-1E-7 of this chapter.
7. Design Guidelines: The following design guidelines shall apply to new and remodeled construction of single-family dwellings. These guidelines are intended to be advisory rather than mandatory, and are to be applied by the community development department to the extent possible and reasonable. It is the intent that all new construction and reconstruction shall comply with as many such guidelines as may be amiably negotiated by the city staff with a property owner, builder or developer. If a person complies with the goals and intent of such guidelines, even though a minor portion of them cannot or will not be accommodated by the property owner, builder or developer, then the guidelines shall be deemed satisfied and the requisite permits shall be issued. If, on the other hand, a property owner, builder or developer cannot or will not comply with a substantial portion of the goals established by said guidelines, then permits may be denied by the community development department. Any such denial may be appealed to the planning commission via the procedures set forth in the site plan review process. Any action of the planning commission may also be appealed to the city council via the procedure set forth in the site plan review process.
In evaluating an appeal, in accordance with the procedures set forth in section 9-1E-4 of this chapter, the planning commission or the city council shall make a determination based upon the following considerations: a) does the proposed project substantially meet the overall intent, purpose and goals of the design guidelines, b) would the proposed project adversely impact property values within the neighborhood, c) could the proposed project adversely impact the peace, quiet and enjoyment of the area and d) would the proposed project be so incompatible with the surrounding area that noncompliance would result in anticipated adverse impacts, including possible adverse aesthetic impacts.
8. Guideline Checklist:
Overall intent: The following design guidelines apply to all new and remodeled construction of single-family detached structures on individual lots. Building placement and orientation should be carefully designed to enhance its visual impact on the streetscape, minimize the visibility of garage doors, retain natural site features and complement the existing character of the neighborhood. Site grading should address existing drainage patterns and landforms while providing subtle transitions of architectural elements to grade. Landscaping should be used to provide a buffer to incompatible land uses and to provide screening when necessary. The scale and massing of additions and new homes should be compatible with the general scale and shapes of neighboring homes. Building designers should incorporate three hundred sixty degree (360°) architecture in all buildings and remodels within Temple City. Three hundred sixty degree (360°) architecture is the full articulation of all building facades, including variation in massing, roof forms and wall planes, as well as surface articulation. Building massing should include variation in wall planes (projections and recesses) and wall height (vertical relief) as well as roof forms and heights (silhouettes) to reduce the perceived scale of the building. High quality materials should be used to create a look of permanence within the project and materials and colors should be varied to create visual interest in building facades and reduce monotony.
Site planning:
* Development should incorporate existing natural features into the overall site design, including significant trees and vegetation and drainage areas.
* Slopes should be rounded and contoured to blend with the existing terrain and to minimize grade differentials with adjacent streets and properties.
* Grading should coordinate with the drainage methods of adjacent properties.
* Grading should minimize differentiation in pad heights between the subject property and adjacent properties.
Landscaping:
* A combination of trees, shrubs and ground cover should be incorporated into landscaping plans. Minimum sizes are as follows:
* Trees: Twenty four inch (24") box.
* Shrubs: Five (5) gallon.
* Larger/older trees should be strategically planted to assist new development in looking "established" as quickly as possible.
* Trees and shrubs should be located and spaced to allow for mature and long term growth.
* Trees and shrubs should be selected to minimize root problems.
* Preserve existing mature, older trees where feasible.
Building design:
* Massing design may include:
* Variation in the wall plane (projection and recess).
* Variation in wall height.
* Roofs located at different levels.
* Architectural elements that add visual interest, scale and character to the neighborhood, such as bay windows, recessed or projecting balconies (on front facades), verandas, porches, etc., are encouraged.
* Surface detailing should not serve as a substitute for well integrated and distinctive massing.
* Building elements and details should be consistent with the chosen architectural style.
* Materials and installation which are authentic to the intended architectural style are encouraged.
* It is expected that the highest level of articulation will occur on the front facade and facades visible from public streets; however, similar and complementary massing, materials and details should be incorporated into every other building elevation.
* The use of materials and color shall convey a sense of quality architecture and permanence.
* Contrasting but compatible colors should be used for trim, windows, doors and key architectural elements.
* Buildings should be designed with the integration of varied texture, relief and design accents on all walls to soften the architecture.
* Material changes should occur at intersecting planes to appear substantial and integral to the facade. Material or color changes at the outside corners of structures give an impression of thinness and artificiality and should be avoided. (At a minimum, materials should wrap to the fence line of side facades.)
* Where horizontal and vertical siding is used as the major surface treatment on the front facade, it should be used on all sides of the building.
* If the space between two (2) houses or structures is greater than twenty feet (20'), then the sides of the structures should be fully articulated. Fully articulated includes variation in massing, wall planes and roof forms, as well as surface articulation such as window and door treatments and materials.
* Large expanses of blank wall surfaces should be avoided.
* The second story of a house should be designed in such a way to reduce the appearance of the overall scale of the building. The desired appearance can be accomplished in a number of ways, including:
* Set back the second story from the front and sides of the first story.
* Provide significantly larger front and/or side setbacks for the entire structure.
* Place at least sixty (60) to seventy percent (70%) of the second story floor area over the back half of the first story.
* The main entrance to a home should be clearly identifiable and should be articulated with a roof or porch form.
* Building entry elements should be limited to a single-story.
* Internal access to individual rooms should be taken from public or common areas. There should be no more than three (3) entry/exit doors serving any dwelling unit, unless required by the building code.
* Chimneys should be exposed as architectural features, rather than hidden within a wall surface.
* Chimney caps should be decorative and conceal spark arrestors.
* Garage doors should be articulated with panels and/or windows to define these large planes.
* Consider locating roof forms, trellises and balconies directly above the garage door to help minimize the visual impact of garage doors on the street scene.
* Garage doors should be recessed a minimum of six inches (6") from the face of the garage.
* When garage doors face the street, the doors should be set back a minimum of four feet (4') from the face of the main house to help reduce the visual dominance of the garage doors.
* Minimize the concrete area of driveways to the extent possible.
* The use of pervious surfaces, such as pervious concrete or grass crete, is encouraged on driveways.
* Decorative paving and/or brickwork, as well as abutting shrubs or vines, are encouraged on all driveways to soften the visual impact.
Windows:
* Window type, material, shape and proportion should complement the architectural style of the building.
* The addition of window articulation, such as sills, trim, kickers, shutters or awnings, is encouraged.
* Primary upper and lower windows should stack vertically whenever possible for organization of facade.
* Where appropriate to the architectural style, windows shall be generously inset from building walls to create shade and shadow detail. The minimum inset should be three inches (3").
* To enhance privacy, windows on side elevations should be staggered whenever possible so as not to be positioned directly opposite of the windows in the adjacent structure.
* Windows should have truly divided lights (separate panes of glass) appropriate to the architectural style of the building.
* Maximize day lighting and views through window placement and design.
* Any faux shutters should be proportionate to the adjacent windows so as to create the appearance of a real and functional shutter.
* EPA "Energy Star" labeled windows with low-e coatings and vinyl or metal frames are encouraged in housing design.
Roof materials and forms:
* Roof materials and colors are important aspects of the overall home design and should be consistent with the desired architecture.
* Roofs covering the entire home, such as hips and gables, are preferred over mansard roofs and segmented pitched roofs applied at the building edge.
* Multiform roofs, gabled and shed roof combinations are encouraged to create varying roof forms and break up the massing of the building.
* Flat roofs and A-frame type roofs are discouraged.
* Rooflines should be varied in height.
* When mission and Spanish style roof tiles are used, terra cotta, two (2) piece barrel tiles with a blend of colors are preferred to ("S") type tiles.
* Roof overhangs should be sized appropriately to the desired architectural style.
* Roof eaves should extend a minimum of twenty four inches (24") from the primary wall surface to enhance shadow lines and articulation of surfaces.
Walls and fences:
* Walls and fences should be designed in a style, material and color that complement the architecture of the dwelling units to which they are attached.
* For walls and fences, materials such as wood, wrought iron, brick and stone are encouraged.
* Concrete masonry unit (CMU) walls should be constructed with slump block, split face, or other decorative block style.
* Both sides of all perimeter walls or fences should be architecturally treated.
* Fences and walls should be minimized along public streets.
* Fences and walls should not exceed the following:
* Maximum height in rear and side yards: Six feet (6').
* Maximum height in front setback: Three feet (3') for view obscuring and three feet six inches (3'6") for nonview obscuring.
* Height of five feet (5') required around swimming pools.
Utilitarian aspects:
* The design of ancillary structures (guesthouses, cabanas, storage sheds, etc.) should be architecturally compatible with the main structure through the use of materials, building and roof forms, etc.
* All vents, gutters, downspouts, flashing and electrical panels should be painted to match the surface to which the elements are attached, unless concealed or used as a major design element, in which case the color is to be consistent with the overall color scheme of the building.
* Electrical meters, cable boxes, junction boxes and irrigation controllers should be designed as an integral part of the building on a rear or side elevation or otherwise screened from public view.
* Building forms, fences, trellises and landscaping should be used to screen aboveground utility transformers, pull boxes and termination cabinets where allowed by utility providers.
TABLE A
INCENTIVES
| Elements | Definition | Minimum/Maximum Size Requirements | Bonus Incentive1 |
| Front porch | A front, single-story, roofed, recessed portion of a building that shelters an entrance or serves as a semienclosed space; generally open on at least 2 sides and located behind the front setback. The porch shall be enclosed with railings and open spindles which are visible from the street, such as with a "farmhouse porch". |
6 feet minimum depth 15 feet minimum length 14 feet maximum height |
0.03 FAR |
| Human scale elements | "Human scale" is defined as an architectural feature and fenestration that conforms to the reach and extent of human proportions. Therefore, windows, doors and columns are limited to standard single-story dimension in height. | No element higher than 14 feet from grade of first floor. A maximum portion of "open to solid" surfaces shall be 45 percent on both floors of the front elevation. | 0.01 FAR |
| Landscape (mature trees) |
"Landscape" shall mean a "landscape plan" that has been prepared by a licensed landscape architect and that includes the installation of 3 "mature" tree specimens growing in no less than 36 inch boxes when planted. |
Adherence to full landscape definition to receive FAR reward. | 0.03 FAR |
| All garage parking situated behind the house and not readily visible from a street | An attached or detached garage shall mean any accessory building that is used as automobile shelter or storage, with a closable access door or doors, on the same lot as the main building and located behind the main building, situated as to not be visible from the street. | 400 square foot FAR exemption for attached 2 car garage and 600 square foot FAR exemption for attached 3 car garage; all garage parking is to be located behind the home and not readily visible from a street to receive FAR reward. | 0.03 FAR |
Note:
1.In no case shall the cumulative bonus exceed 500 square feet.
Runoff reduction:
* Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground.
* Maximize permeable areas to allow more percolation of runoff into the ground through such means as:
* Biofilters;
* Green strips;
* Swales.
* Maximize the amount of runoff directed to permeable areas and/or maximize stormwater storage for reuse or infiltration by such means as:
* Orienting roof runoff toward permeable surfaces, dry wells, French drains, or other structural BMPs rather than directly to driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site.
* Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse.
* Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
* Any construction project adding downspouts, gutters and subsurface pipes directing stormwater to the curb face shall have a French drain system of perforated pipe and gravel unless site specific circumstances endanger public safety:
* Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off site flows;
* Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and
* Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground.
* Minimize the amount of runoff directed to impermeable areas and/or maximize stormwater storage for reuse:
* Install rain gutters and orient them toward permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site;
* Modify grades of property to divert flow to permeable areas and to minimize the amount of stormwater leaving the property;
* Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal;
* Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and
* Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. (Ord. 81-505; amd. Ord. 98-823; Ord. 00-854; Ord. 05-896; Ord. 07-916; Ord. 16-1014)
A. Construction Of Sewer Mains And Laterals: A deposit of two percent (2%) of the estimated construction cost shall be deposited with the city for reviewing plans and specifications, issuing a permit and inspecting the construction of sewer mains and laterals. Said deposit shall be made prior to the issuance of a permit. The actual cost thereof shall be deducted from the deposit and the difference, if any, shall be refunded to the depositor. If the actual cost exceeds the amount deposited, the depositor shall forthwith pay the amount of the excess upon receipt of a statement therefor.
B. Private Sewage Disposal Systems: A fee established by the city per residential unit or residential unit equivalent shall be paid to the city for reviewing plans and specifications, issuing a permit and inspecting the installation of a private sewage disposal system. (Ord. 309 Art. 8, § 7, 1975)
A. It shall be unlawful for any person to whom a permit is issued pursuant to section 3-3A-50-4 of this article to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration.
B. It shall be unlawful for any person to borrow, buy or otherwise acquire for value or use or display any parking permit, except as provided for in section 3-3A-50-4 of this article.
C. Each permit issued pursuant to section 3-3A-50-4 of this article shall be subject to all of the conditions and restrictions set forth in section 3-3A-50-4 of this article. The issuance of such permit shall not be construed to be a permit for or approval of any violation of any provision of this code or any other law or regulation.
D. The issuance of a permit pursuant to section 3-3A-50-4 of this article shall not be construed or interpreted as a warranty or representation by the city or its officials, officers or employees that the parking of any oversized vehicle is or is not in compliance with any other provision of law. Neither the enactment of this part nor the preparation or delivery of any permit pursuant thereto shall impose any mandatory duty upon the city, its officials, officers or employees to completely and accurately determine the safety of the parking of any oversized vehicle or impose any liability on the city, its officials, officers or employees regarding the same.
E. The city council may establish a reasonable permit fee by separate resolution to recover the city administrative costs in preparing and issuing permits. (Ord. 06-910)
(1) If a person wishes to appeal the decision of the chief of police to deny or revoke a license or permit, the village manager shall conduct a hearing or appoint a hearing officer who shall conduct the hearing. The hearing officer is authorized to conduct hearings concerning any matter covered by this division XIII and may determine factual and legal matters raised by the parties to the hearing. However, neither the chief of police nor the hearing officer shall hear or decide any claim that the ordinance is unconstitutional on its face or that the president and board of trustees of the village of Northfield did not have the authority to enact this division XIII.
(2) The hearing officer may:
(a) Examine any books, papers or memoranda bearing upon the business or activities of the licensee or permit holder;
(b) Request the circuit court to issue subpoenas requiring the attendance of any person having personal knowledge of any contested issue;
(c) Request the circuit court to issue subpoenas duces tecum for the production of books, records, papers, or memoranda;
(d) Administer oaths;
(e) Take testimony;
(f) Make rulings as to the admissibility of evidence; and
(g) Take any other action as may be required for the expeditious conduct of the hearing.
(3) The hearing officer is not bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony or receiving evidence shall invalidate any order, decision, ruling or recommendation of the hearing officer or final decision of the chief of police.
(4) The village's books, papers, records and memoranda or parts thereof may be proved in any hearing or legal proceeding by the original documents or by reproduced copy under the certificate of the chief of police. Without further proof, the original documents or reproduced copy shall be admissible into evidence before the hearing officer.
(5) If the circuit court issues a subpoena duces tecum, the following rules apply:
(a) Service shall be made as provided by the Illinois civil practice law, 735 Illinois Compiled Statutes 5/2-201 et seq.;
(b) Fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit court of Cook County and shall be paid after the witness is excused from further attendance;
(c) When a subpoena or subpoena duces tecum is issued at the instance of either party, the hearing officer may require that party to bear the cost of services and witness fees. The hearing officer may require a deposit to cover the cost of service and witness fees.
(6) Any party to a hearing may apply to any judge of the circuit court of this state for endorsement of any subpoena or subpoena duces tecum issued in connection with a hearing authorized by this division XIII.
(7) At any hearing held under this division, the chief of police's initial decision to deny or revoke a license or permit shall be prima facie correct and the person contesting the decision shall have the burden of proving with books, records and other documentary evidence that it is incorrect.
(8) At the conclusion of the hearing, the hearing officer shall make a recommendation to the village manager. The village manager shall adopt, reject or modify the recommendation based on a review of the record within thirty (30) days of receiving the hearing officer's recommendation, and shall issue a final decision. The village manager shall give written notification to the licensee or permit holder of the decision and the reasons for such decision.
(9) A person seeking judicial review of the hearing officer's final decision shall bear the cost of certification.
(10) Items constituting the record may include notices and demands; the initial decision; the written protest and petition for hearing; all relevant pleadings, briefs and memoranda of law; evidence admitted at the hearing; the transcribed testimony given at the hearing; the recommendation of the hearing officer; and the final decision of the hearing officer. (Ord. 95-831, 2-27-1995)
(1) The names and addresses of all owners and operators, including all partners, general, limited, or inactive; or if a corporation, the names of all officers and majority stockholders and if a subsidiary, the name of the parent corporation.
(2) Proof of liability insurance in the amount of five million dollars ($5,000,000.00) per event for personal injury, and fifty thousand dollars ($50,000.00) for property damage.
(3) Record of any felony conviction.
(4) Record of any unpaid judgment or claim against applicant.
(5) Amount and type of experience of applicant in the taxicab business.
(6) Class of vehicle to be licensed.
(7) Passenger capacity of such vehicle.
(8) Length of time such vehicle has been in use. (1986 Code)
A. The manager or operator of the raffle must be a bona fide member of the organization holding the license for such raffle and may not receive any remuneration or profit for participating in the management or operation of the raffle.
B. All raffles must be conducted by a single manager or operator.
C. A fidelity bond in the sum of twenty five percent (25%) of the total value of the prizes to be awarded shall be required. The terms of the bond shall provide that notice be given in writing to the village of Northfield, office of chief of police, thirty (30) days prior to the bond's cancellation.
D. The village of Northfield may waive the bond requirement if a unanimous vote of the members of the governing board of the licensed organization requests such a waiver. (Ord. 91-689, 8-26-1991)
(1) Upon determination of the community development director or his/her designate that a newspaper vending machine has been installed, used or maintained in violation of the provisions of this division, an order to correct the offending condition shall be issued by the community development director or his/her designate to the distributor of the newspaper vending machine. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to correct the offending condition within three (3) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newspaper vending machine being summarily removed and processed as unclaimed property by the community development director or his/her designate.
(2) If the offending newspaper vending machine is not properly identified as to owner under provisions of subsection 11-90(4) of this division, the community development director or his/her designate shall have the authority to proceed forthwith to remove, or cause to remove, and process as unclaimed property such newspaper vending machines in violation of the provisions of this division.
(3) If the offending condition creates a danger to public safety, the community development director or his/her designate shall have the authority to immediately proceed forthwith to remove or cause to remove such newspaper vending machine in violation of the provisions of this division. (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)
(4) The cost of such removal shall be charged to and recovered from the distributor thereof or from the person for whom the same has been or is being installed. (Ord. 482, 10-28-1986)
(5) The community development director or his/her designate shall remove, or cause to be removed, any concrete pads that have not been removed and/or any sod that has not been replaced by the licensee, as required in subsection 11-91(7) of this division. (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)
(6) The cost of removal and replacement as outlined in subsection (5) of this section shall be charged to and recovered from the distributor or from the person for whom the same had been installed. (Ord. 482, 10-28-1986)
A. Wastewaters discharge peak rate and volume over a specified time period.
B. Chemical analysis of wastewaters.
C. Information on raw materials, processes and products effecting wastewater volume and quality.
D. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
E. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
F. Details of wastewater pretreatment facilities.
G. Details of systems to prevent and control the losses of materials through spills to the municipal sewer. (Ord. 12-08-09.35, 12-8-2009)
A. An industrial user shall provide protection from accidental discharge of materials which may interfere with the POTW, by developing a spill prevention plan. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill prevention plans, including the facilities and operating procedures, shall be approved by the POTW before construction of the facility.
B. Industrial users that store hazardous substances shall not contribute to the POTW after the effective date hereof unless a spill prevention plan has been approved by POTW. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing concerning the use, storage, and transportation of hazardous substances.
C. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss or failure of its pretreatment facility, until the facility is restored or an alternative method of treatment is provided. (Ord. 2005-10, 3-15-2005)
A. Orders:
1. Unless the person served with an order makes a timely request for a hearing, the order is a final order.
2. If the person with an order under this article makes a timely request for a hearing, the order becomes a final corrective order when the district renders its decision following the hearing.
B. Other Action Permitted: This section does not prevent the district or the attorney general from taking action against a violator before the expiration of the time limitations or schedules in the order. (Ord. 12-08-09.35, 12-8-2009)
(1) The film production will be of more than thirty (30) day duration at the particular site.
(2) There is to be refitting or new hard wiring of electrical or mechanical installations or any set construction on the interior of a building which is different than that existing prior to the commencement of the film production. The aforesaid type of film production, even with the special use, shall be allowed only in M1 zoning districts or in schools with campuses of at least twenty five (25) acres.
A special use shall be granted only if there is compliance with the provisions of section 11-108 through section 11-112. Additionally, there must be full compliance with all building, fire and life safety codes as adopted by the village of Northfield, including such reasonable requirements as the fire marshal may impose. (Ord. 91-689, 8-26-1991)
A. Permit To Open, Use, Sewer: No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
B. Classes Of Permits: There shall be two (2) classes of building sewer permits: 1) for residential and commercial service, and 2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee as required in section 7-21 of this code for a residential or commercial building sewer permit or for an industrial building sewer permit shall be paid to the city at the time the application is filed.
C. Cost Of Connection: All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. Separate Sewers For Every Building: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. Use Of Old Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this division.
F. Standards Of Construction: The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city and the state. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF manual of practice no. 9 shall apply.
G. Elevation: Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. No Connection For Surface Drainage: No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent and the state department of health for purposes of disposal of polluted surface drainage.
I. Standards For Connection: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city and the state or the procedures set forth in appropriate specifications of the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
J. Excavations: All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 539, § 1_10, 8-18-1983)
A. The applicant shall maintain such barriers, lights and signs as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as a result thereof. He shall likewise protect the public in the use of the sidewalk against such conditions in connection with the construction of the sewer.
B. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the city and the county or any other person having jurisdiction thereover. (Ord. 309 Art. 6, § 8, 1975)
A. Slug Control Plan: At least once every two (2) years, the POTW shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The POTW may require any user to develop, submit for approval, and implement such a plan. Alternatively, the POTW may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
1. Description of discharge practices, including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under section 7-3A-12 of this article, with procedures for follow up written notification within five (5) days;
4. Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
B. Notification Of Spill Or Slug Discharge:
1. Notification Required: In the case of any discharge in violation of this article or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings as described in section 7-3-1 of this chapter, the industrial user shall immediately notify the POTW of the discharge by telephone. If there is no answer, the industrial user will call the village of Fox Lake police department nonemergency number. The notification shall include:
a. The date, time, location and duration of the discharge;
b. The type of waste, including concentration and volume; and
c. All corrective actions taken by the user.
2. Written Report: Within five (5) days following such an accidental discharge or deliberate discharge, the industrial user shall submit to the POTW a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences.
3. Liability: Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this article or other applicable state or federal law.
4. Notification Of Changed Discharge: All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12. (Ord. 2005-10, 3-15-2005)
A. In General: The district may bring an action for an injunction against any person who violates any provision of this article or any rules, regulation, order or permit adopted or issued under this article.
B. Findings: In any action for an injunction under this section any finding of the district after hearing is prima facie evidence of each fact the district determines.
C. Grounds: On a showing that any person is violating or is about to violate this article or any rule, regulation, order or permit adopted or issued by the district, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
D. Emergency: If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the district may sue for an immediate injunction to stop any pollution or other activity that is causing the danger. (Ord. 12-08-09.35, 12-8-2009)
A. No person shall be appointed or considered for appointment as a sworn police officer in the Northfield police department unless, at the time of application, that person is an elector of the United States Of America.
B. Except as set forth in subsection C of this section, all patrol officers and sergeants of the Northfield police department shall be selected and appointed by the board of police commissioners as provided in the Illinois municipal code.
C. The board of police commissioners shall have the authority to adopt rules for the appointment of current village employees as sworn patrol officers provided those rules to contain, at least, the following standards:
(1) The person has served as a village of Northfield public service officer or a part time village of Northfield police officer for a minimum of eighteen (18) months; and
(2) Has been recommended, in writing, for hiring as a sworn patrol officer by the chief of police.
Such rules may include a waiver of testing and waiver of eligibility list placement similar to the hiring of qualified members from other police departments. (Ord. 15-1633, 10-20-2015)
A. Conditions For Revocation Of Charitable Solicitation Permit: The City Manager or his designee may revoke any permit if upon receipt of written information, or upon on his own investigation, he finds that any agent or representative of the permittee is misrepresenting or making untrue statements with regard to the solicitation, or has made untrue statements in the application, or is representing that any permit granted hereunder is an endorsement of such solicitation.
B. Notice And Hearing Prior To Revocation: Before any permit is revoked, the City Manager, or his designee, shall give the permittee not less than twenty four (24) hours' notice in writing that a hearing is to be had, the charges giving rise to the hearing, and that at the hearing the City Manager or his designee shall ascertain the facts and, if any reasons for revoking the permit are found to exist, that the permit shall be revoked. (Ord. 438, 4-6-1999)
A. Purpose: A zoning clearance is the procedure used by the City to verify that a proposed structure or land use complies with: 1) the permitted list of activities allowed in the applicable zoning district, and 2) the development standards applicable to the type of use. Where the Code requires zoning clearance as a prerequisite to establishing a land use, the Director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this section.
B. Application And Fees: An application for a zoning clearance shall be filed with the Planning Division on the prescribed application form and shall be accompanied by the following:
1. Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately; and
2. Required fee(s). (Ord. 13-980)
C. Applicability: Zoning clearances are not considered discretionary for purposes of the California Environmental Quality Act (CEQA). A zoning clearance shall be required at the time of department review of any building, grading or other construction permit, or other authorization required by this chapter for the proposed use. The following construction is subject to a zoning clearance:
1. All single-story, new, single-family residences;
2. Single-story additions to single-family residences;
3. Single-story accessory structures;
4. Accessory dwelling units including second story units;
5. All fences and walls;
6. All pools, spas, and their related equipment;
7. All residential patio covers;
8. Any proposed demolition, where new construction is not proposed;
9. All commercial, industrial, mixed use, and institutional tenant improvements, provided no exterior changes are proposed;
10. Any other construction that requires a building permit but does not require a major or minor site plan review. (Ord. 17-1022)
D. Criteria For Clearance: The Director shall issue the zoning clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed project.
E. Exception: A zoning clearance is not required for projects that have been approved under another permit process identified in this chapter. (Ord. 13-980)
A. A responsible person may contest a notice of abatement by filing a written request for an appeal with the city clerk's office (located at 9701 Las Tunas Drive, Temple City) within ten (10) calendar days of service of the notice of abatement. No fee shall be due for the filing of an appeal.
1. The filing of a request for an appeal shall not stay an order to vacate any building or structure issued in accordance with the provisions of this article by the building official and/or fire chief to vacate.
B. A written request for an appeal shall contain the following information:
1. Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, "appellant").
2. Address and description of real property upon which the city intends to enter and abate a public nuisance.
3. Date of notice of abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.
6. The signature of at least one appellant.
C. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.
D. The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this article limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the city's exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process. (Ord. 11-950)
A. The connection of the building sewer into the public sewer shall be made in strict accordance with standard city specifications, at the applicant's expense, and in the presence of the superintendent and under his supervision and direction.
B. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the superintendent. (Ord. 309 Art. 5, § 8, 1975)
(1) The public safety;
(2) The primary activities of the building;
(3) The aesthetic continuity or scheme of the building or its premises. (Ord. 482, 10-28-1986)
A. Users shall provide and maintain in safe and proper condition, at their own expense and in accordance with all applicable construction requirements, standards and specifications, facilities and equipment to allow the authorized representatives of the city, district, EPA or the state to inspect, sample or measure flows from wastewater subject to this article. This may include the installation, at the user's expense, of sampling manholes.
B. There shall be ample room in or near such facilities to allow accurate sampling and preparation of samples for analysis.
C. If locating such facilities on a user's property would be impractical, the user may apply to the city for a right of way or for permission to construct on public property. (Ord. 12-08-09.35, 12-8-2009)
(1) The sale of firearms within one-fourth (0.25) mile of the grounds of a school or public park is prohibited. Each sale in violation of this subsection shall constitute a separate and distinct violation.
(2) The sale of any handgun or automatic weapon within the village is prohibited. (Ord. 95-831, 2-27-1995)
A. Unpolluted Waters Not To Be Discharged To Sewer: No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer; except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent and the state department of health.
B. Unpolluted Waters To Be Discharged To Storm Sewers: Stormwater other than that exempted under subsection A of this section, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to natural outlet approved by the superintendent and the state department of health. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet.
C. Handling Of Limited Constituents: If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, that have pollutants described in all prohibitions listed in subsection 23-83A of this chapter and local limits, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
1. Reject the wastes,
2. Require pretreatment to an acceptable condition for discharge to the public sewers,
3. Require control over the quantities and rates of discharge, and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection I of this section.
If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and the state department of health.
D. Grease, Oil And Sand Interceptors: Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and the state plumbing code, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms.
E. Maintenance Of Pretreatment Facilities: Where pretreatment or flow equalization facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
F. Observation, Inspection Facilities: When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
G. Information Required To Determine Compliance: The superintendent may require a user of sewer services to provide information needed to determine compliance with this division. These requirements may include:
1. Wastewater's discharge peak rate and volume over a specified time period.
2. Chemical analyses of wastewaters.
3. Information on raw materials, processes, and products affecting wastewater volume and quality.
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
6. Details of wastewater pretreatment facilities.
7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
H. Standards For Measurements, Tests, Etc.: All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this division shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the superintendent.
I. Special Waste Handling Agreements: No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. (Ord. 539, §§ 1 - 11, 8-18-1983; Ord. 643, § 4, 8-15-1991; Ord. 745, § 5, 9-19-2002; Ord. 793, 1-4-2011)
A. Guideline Checklist:
Overall intent and purpose: Multi-family developments are higher density residential buildings such as apartments, condominiums and townhomes. These developments are typically comprised of attached and detached units with common facilities such as guest parking, open space and recreation areas. The provisions of this section should apply to any addition, remodeling, relocation or construction of a multi-family development requiring a building permit within the city.
Building placement and orientation should be carefully designed to enhance its visual impact on the streetscape, minimize the visibility of garage doors, retain natural site features and complement the existing character of the neighborhood. Site grading should address existing drainage patterns and landforms while providing subtle transitions of architectural elements to grade. Grading and drainage should be coordinated in the initial design phase of the project to ensure the most natural and least evasive approach. Landscaping should be used to define building entrances, parking lots and the edge of various land uses and should be used to buffer and screen neighboring properties from storage areas. Landscaping should create a functional and attractive parking environment.
Parking areas should be well landscaped and screened while avoiding large expanses of paved areas and long rows of parking spaces. Pedestrian and vehicular circulation should be well defined and easily identifiable. Building designers should incorporate three hundred sixty degree (360°) architecture in all buildings and remodels. Three hundred sixty degree (360°) architecture is the full articulation of all building facades and includes variation in massing, roof forms and wall planes, as well as surface articulation. Roofs should reflect a residential appearance through pitch and use of materials. The main building entrance should be clearly identifiable and distinguishable from the rest of the building. All entrances should be emphasized using lighting, landscaping and architecture.
High quality materials should be used to create a look of permanence within the project and materials and colors should be varied to create visual interest in building facades and reduce the monotonous appearance. In addition, the use of durable materials requiring low maintenance is strongly encouraged.
Site planning:
* Buildings should be oriented toward the street.
* Dwellings should incorporate porches, trellises, landscaping and other features in the front yard to help extend the living area toward the street and to help soften the transition between the street and the dwelling.
* Buildings, parking areas and open space shall be arranged to minimize the use of sound walls.
* Courtyards, plazas, pedestrian malls or other methods should be used to break up the building mass; long "barrack like" or continuous rows of structures should be avoided.
* Development should incorporate existing natural features into the overall site design, including significant trees and vegetation and drainage areas.
* Stormwater retention ponds should be designed as a landscape feature.
* Project design should provide for controlled drainage of stormwater away from buildings.
* The number of site access points should be minimized; unnecessary driveway entrances should be avoided.
* The use of colored, textured and permeable paving treatment at entry drives is encouraged to accentuate these areas.
* Drive aisles should link to or provide future access opportunities for adjacent sites.
* Parking areas should be treated as well defined spaces with landscaping, lighting, building massing and pedestrian/vehicular circulation areas.
* The site area adjacent to the street should not be dominated with parking. Parking should be concentrated in areas behind buildings and away from the street when possible.
* Long rows of parking spaces should be avoided.
* Parking areas should be landscaped with shade trees.
* Screening should be provided at the periphery of all parking lots.
* The use of interlocking pavers is encouraged in place of stamped concrete in parking areas.
* Residents of housing projects should have safe and efficient access to usable open space, whether public or private, for recreation and social activities.
* Pedestrian linkages to nearby neighborhoods and other commercial projects should be provided.
* Easily identifiable pedestrian connections should be provided from the street/sidewalk to key areas within or adjacent to the site. Meandering paths provide a pleasant experience and are generally preferred over long, straight alignments.
* Pedestrian walkways should be safe, visually attractive and well defined by landscaping and lighting.
* Use of specialty paving for walkways, such as loose aggregate, paving stones or wooden decks, is encouraged. Paths made from permeable materials, such as decomposed granite, can create a more park like setting and allow for stormwater percolation.
* Patterns and colors should be installed in paving treatments using tile, brick or textured concrete in order to provide clear identification of pedestrian access points into buildings, parking features (i.e., handicapped spaces, pedestrian loading, bus stops/pull outs, etc.), entry drives and at pedestrian crossings within the site.
* Walkways shall not abut driveways in a parallel fashion, such as to effectively widen the driveway. Walkways should be separated from driveways by appropriate landscaping.
* The width of walkways should be in scale with the development. Generally, walkways having a width of approximately four feet (4') are encouraged.
Landscaping:
* Landscaping should be used to:
* Define areas such as building entrances, key activity hubs, focal points and the street edge.
* Provide screening for unattractive and unsightly service areas.
* Serve as buffers between neighboring uses.
* Provide landscaping between the driveway and building.
* A variety of height, textures and colors should be used in the planting pallet.
* A combination of trees, shrubs and ground cover should be incorporated into landscaping plans. Suggested sizes are as follows:
* Trees: Twenty four inch (24") box, thirty six inch (36") box and forty eight inch (48") box.
* Shrubs: Five (5) gallon and fifteen (15) gallon.
* Trees should be used to create more intimate spaces and frame views.
* Trees and shrubs should be located and spaced to allow for mature and long term growth.
* Larger, older trees should be planted to assist new development in looking "established" as quickly as possible.
* Accent planting, such as flowering trees, should be used around entries and key activity hubs.
* Planting should be used to screen less desirable areas from public view, such as trash enclosures, parking areas, storage areas, loading areas, public utilities and mechanical equipment.
* Evergreen trees should be used to soften the appearance of blank walls and provide visual screening but should not be a replacement for enhanced architecture.
* Where more than ten (10) automobile parking spaces exist on a lot or parcel of land, areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles, should be used for landscaping. Trees should be distributed throughout the parking area so as to maximize the aesthetic effect and compatibility with adjoining uses.
* When parking areas of more than twenty (20) cars are provided, parking lot trees with canopies of thirty (30) to forty feet (40') should be planted to shade parked cars and create a more attractive environment.
* Walkways should be provided through landscaped areas along paths of likely travel to protect landscaping from foot traffic.
* The use of creative inert materials, such as fieldstone, stone and wood, are encouraged for paving and wall treatments.
Building design:
* Multi-family development adjacent to single-family neighborhoods should provide a buffer of single-story and/or detached units along the adjoining property line.
* Building designs should include a combination of the following techniques:
* Variation in the wall plane (projection and recess).
* Variation in wall height.
* Roofs located at different levels.
* Combinations of one-, one and one-half- and two-story units are encouraged to create variation in mass and building height.
* Architectural details should be used to enhance the buildings and adjacent pedestrian spaces by adding color, shadows and interesting forms.
* It is expected that the highest level of articulation will occur on the front facade and facades visible from public streets; however, similar and complementary massing, materials and details should be incorporated into every other building elevation.
* Surface detailing should not substitute for distinctive massing.
* Architectural elements that add visual interest, scale and character are encouraged. Examples of such elements include, bay windows, recessed or projecting balconies, trellises, recessed windows, verandas, porches, awnings, overhangs, insets and varieties of materials and textures.
* Long, unbroken facades and box like forms should be avoided.
* There should be a change in wall plane on all facades visible from a public street. Elements such as balconies, porches, arcades, dormers and cross gables should be used to add visual interest.
* Exterior wall planes should be varied in depth and/or direction; bland walls should be avoided. Windows, trellises, wall articulations, arcades or changes in materials or other features should be utilized.
* Where appropriate to the architectural style, materials and textures should vary between the base and the body of a building, in order to break up large wall planes and add visual appeal to the base of the building. Heavier materials should be used to form the building base and as accents on upper stories and walls.
* On lower walls, architectural details that relate to human scale, such as arches, trellises or awnings, should be utilized.
* The height of the building should be varied so that it appears to be divided into distinct massing elements.
* The upper story of a two-story building should be stepped back to reduce the scale of facades facing the street, courtyards or open space areas.
* Structures with greater height should include additional setbacks and steps within the massing so as to transition heights from adjacent properties and to avoid dominating the character of the neighborhood.
* Tall or large structures should emphasize horizontal planes through the use of trim, awnings, eaves, other ornamentation or a combination of complementary colors.
* Textures, colors and materials should be unifying elements in the buildings.
* The use of materials and color should convey a sense of quality architecture and permanence. Contrasting but compatible colors should be used for windows, doors, trim and key architectural elements.
* Material changes not occurring at a change in plane appear "tacked on" and should be avoided.
* To the extent possible, each of the units should be individually recognizable. The following methods could be used to break up building massing:
* Vary front setbacks within the same structure.
* Stagger and jog unit planes.
* Design a maximum of two (2) adjacent units with identical wall and rooflines.
* Vary building orientations to avoid the monotony of long garage door corridors.
* The entrances to individual units should be visible from nearby parking areas or the street where possible.
* Each unit's entry should be easily identifiable and distinguishable.
* Internal access to individual rooms shall be taken from public or common areas. There should be no more than three (3) entry/exit doors serving any dwelling unit, unless required by the building code.
* The different parts of a building's facade should be articulated by the use of color, arrangement of facade elements or a change in materials.
* The selection and placement of building materials should provide visual interest at the pedestrian level.
* Stairways should be designed as an integral part of the overall architecture of the building and should complement the building's mass and form.
* Stairwells should be solid and constructed of smooth stucco, plaster or wood, with accent trim of complementary colors. Thin looking, open metal and prefabricated stairs are strongly discouraged.
* Minimize the concrete area of driveways to the extent possible.
* Pervious surfaces, such as pervious concrete or grass crete, should be used in driveways and paved areas. Encourage all driveways to have decorative paving and/or brickwork, as well as abutting shrubs or vines to soften the visual impact.
* Garages should be sited with the least amount of visual impact from the street.
* Garages should be subordinate to the main living area when viewed from the street. Where possible, the garage should be recessed behind the dwelling unit and not located between the main living area and the street.
* Detached garages should be designed as an integral part of the architecture of the project and should be similar in materials, color and detail to the principal structures of a development. A pitched or hip roof design is desired, if possible.
* Garage doors should appear to be set into the walls rather than flush with the exterior wall.
* Carports are generally discouraged but if provided in addition to the required garage parking, the design should be compatible with the primary structures on the parcel, such as roof slope, materials and details.
Windows:
* Window type, material, shape and proportion should complement the architectural style of the building.
* Windows should be articulated with sills, trim, kickers, shutters or awnings authentic to the architectural style of the building.
* Faux shutters shall be proportionate to window openings.
* Where appropriate to the architectural style, windows should be generously inset a minimum of three inches (3") from the building walls to create shade and shadow detail.
Roof materials and forms:
* Multiform roof combinations are encouraged to create varying roof forms and break up the massing of the building.
* Full roof forms that cover the entire building, such as gabled, hip or shed roof combinations are strongly encouraged and are preferred to mansard roofs and segments of pitched roofs applied at the building edge. If parapet roofs are used, these should include detailing typical of residential character and design.
* Rooflines should be broken at intervals no greater than fifty feet (50') long by changes in height or step backs.
* Rooflines should be designed to screen roof mounted mechanical equipment. All screening should be constructed consistent with the materials of the building and should be designed as a continuous component installed the length of the elevation.
* When mission and Spanish style roof tiles are used, terra cotta, two (2) piece barrel tiles with a blend of colors are preferred to ("S") type tiles.
Walls and fences:
* Fences and walls should be minimized along public streets.
* Fences and walls should be designed to complement project architecture.
* For walls and fences, materials such as wood, wrought iron, brick and stone are encouraged.
* Concrete masonry unit (CMU) walls should be constructed with slump block, split face or other decorative block style.
* Fences and walls should be constructed as low as possible while still performing their screening, noise attenuation and security functions.
* Long expanses of fences and walls should be offset and architecturally designed to prevent monotony. Landscape pockets should be provided.
* Both sides of all perimeter walls or fences should be finished and designed to complement the surrounding development. Landscaping should be used in combination with such walls whenever possible.
* Walls on sloping terrain should be stepped to follow the terrain.
Utilitarian aspects:
* Utilitarian aspects of the project should be aesthetically screened from view.
* Mechanical equipment, including gas and electrical meters, cable boxes, junction boxes, and irrigation controllers, should be located within a utility room, along with the fire riser and roof access ladder. Where this cannot be achieved, these elements should be designed as an integral part of the building on a rear or side elevation and screened from public view.
* All vents, gutters, downspouts, flashing and electrical panels should be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the overall color scheme of the building.
* Gutters and downspouts should be decorative, designed to integrate with the building facade, and should not appear as a "tacked on" afterthought.
* Discharge from gutters and downspouts should not flow directly across pedestrian walkways.
* Accessory structures should be designed as an integral part of the architecture of the project. These structures should be similar in materials, color and detail to the principal structures of a development and designed with pitched or hip roofs if possible.
* Common mailbox enclosures should be designed to be similar or complementary in form, material and color to the surrounding residential buildings and should be located in alcoves away from the streetscape.
* Trash and recycling containers should be designed to be consistent with the development and should be screened with landscaping. Architecturally designed roof structures should be used to create a finished looking structure.
* Trash enclosures should be unobtrusive and conveniently located for disposal by tenants and for collection by service vehicles.
* Multi-family housing should generally have centrally located trash bins in appropriate enclosures. Individual trash cans should be discouraged, unless the individual dwelling units have direct street frontage. (Ord. 05-896)
Runoff reduction:
* Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground.
* Maximize permeable areas to allow more percolation of runoff into the ground through such means as:
* Biofilters;
* Green strips;
* Swales.
* Maximize the amount of runoff directed to permeable areas and/or maximize stormwater storage for reuse or infiltration by such means as:
* Orienting roof runoff toward permeable surfaces, dry wells, French drains, or other structural BMPs rather than directly to driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site.
* Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse.
* Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
* Any construction project adding downspouts, gutters and subsurface pipes directing stormwater to the curb face shall have a French drain system of perforated pipe and gravel unless site specific circumstances endanger public safety:
* Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off site flows;
* Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and
* Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground.
* Minimize the amount of runoff directed to impermeable areas and/or maximize stormwater storage for reuse:
* Install rain gutters and orient them toward permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off site;
* Modify grades of property to divert flow to permeable areas and to minimize the amount of stormwater leaving the property;
* Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal;
* Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and
* Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas.
* Reduce parking lot pollution:
* All parking lots should use oil and water separators or clarifiers to remove petroleum based contaminants and other pollutants which are likely to accumulate;
* Direct runoff toward permeable areas and away from pollutant laden areas such as parking lots; and
* Construct portions of parking lots from porous materials. (Ord. 07-916)
A. Each licensed organization must keep records of its gross receipts, expenses, and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, amount and date of payment.
B. Gross receipts from the operation of raffles shall be segregated from other revenues of the organization and separate records shall be kept.
C. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
D. Records must be kept for three (3) years and must be available for public inspection at a reasonable time and place.
E. The following records regarding the raffle must be maintained and provided to the Northfield police department, office of the chief of police, within ten (10) days of the drawing:
(1) Gross receipts from the raffle.
(2) Expenses associated with the raffle.
(3) Net proceeds from the raffle.
(4) The organization receiving the net proceeds of the raffle and the amount and date of payment. (Ord. 91-689, 8-26-1991)
A. Such RFR shall be filed within fifteen (15) days of the decision by the planning commission, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected officials.
B. Upon the timely filing of an RFR, the decision of the planning commission shall be suspended until the RFR is determined by the city council; and the city clerk shall immediately: 1) notify the council, planning commission, applicant and all who appeared at the planning commission meetings with regard thereto; and 2) set the matter for hearing before the city council for final determination.
C. Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal under section 9-1F-26 of this article. (1960 Code; amd. Ord. 95-786)
(1) A person who has been convicted of a felony;
(2) One who cannot furnish proof of the required bond or insurance;
(3) One who, in the reasonable discretion of the village manager, has such an outstanding claim or claims against him that his financial condition would be rendered unstable;
(4) One who fails to provide all information required by this code;
(5) One whose vehicle or vehicles, in the reasonable discretion of the chief of police, are not fit for the use of village residents, either by reason of uncleanliness, poor mechanical condition, or otherwise;
(6) Any corporation if any officer or majority stockholder thereof would be ineligible as a license holder. (1986 Code)
A. Users shall retain and make available upon request of authorized representatives of the district, the state or the EPA, all records required to be collected by the user pursuant to this article, or any permit or order issued pursuant to this article.
B. These records shall remain available for a period of at least five (5) years after their collection.
C. This period shall be extended during any litigation concerning compliance with this article or permit conditions. (Ord. 12-08-09.35, 12-8-2009)
A. The compliance screening process consists of review of all available information and identification of any violations of compliance orders, reporting requirements and applicable pretreatment standards. This review shall be conducted by the pretreatment coordinator and will be conducted annually. The purpose of compliance screening is to identify specific violations, not to determine appropriate enforcement responses. All reports and self-monitoring requirements should be reviewed to determine that they are submitted according to schedule, cover the proper time period, include all information required and have been properly signed and certified. The pretreatment coordinator should confirm that the industry used the proper method of analysis, sampling procedures, custody sheets and that discharge limits were met. All instances of noncompliance, whether it be an exceedance of discharge limits, incorrect sampling procedures or improper certification of a report, shall be recorded in a logbook or file specific to that industry.
B. Guidelines for compliance screening may be found in ordinance 2000-45, and any amendments thereto, on file in the office of the city clerk. (Ord. 2005-10, 3-15-2005)
A. If a timely appeal is not received by the city clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city personnel of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be pursuant to a warrant from a court of competent jurisdiction. The city shall follow the procedures stated in this article for recovery of all abatement costs, fees and expenses (incidental or otherwise).
B. Nothing contained in this article shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal. (Ord. 11-950)
A. Permits issued under the provisions of this article may be revoked by the City Clerk after written notice to the applicant of the intent to revoke, and after a hearing at which the applicant shall be allowed to be present, to be represented by counsel, to testify and present evidence on his/her own behalf, and to confront and cross examine the witnesses against him/her. Grounds for revocation shall be as follows:
1. Fraud, misrepresentation, or any false statement contained in the application for the permit;
2. Conviction of the permittee for murder, voluntary manslaughter, robbery or burglary;
3. Conviction of the permittee for two (2) or more violations of the provisions of this article within the preceding twelve (12) months; or
4. A finding that the permittee has conducted the business for which the permit was issued in an unlawful manner or in such manner as to constitute a breach of the peace.
B. Notice of the proposed revocation of a permit shall be in writing, setting forth specifically the grounds of complaint, and the date, time and place for the revocation hearing. (Ord. 720, 4-5-2016)
A. Permits Subject To Revocation: Overnight parking permits issued under this section are subject to revocation where the permit holder violates any of the duties of the permit holder established under section 3-3A-25 of this article, a material misstatement of fact is discovered in the permit holder's application, the permit holder sells, transfers or attempts to sell or transfer the permit to another person or vehicle without complying with this part, or the permit holder otherwise improperly uses the permit or violates the requirements of this part.
B. Revocation Procedure: The issuing officer is hereby authorized to revoke overnight parking permits on the grounds stated in this section. Before revoking a permit, the issuing officer shall provide written notice to the permit holder, at the address on file for the permit holder, at least ten (10) days prior to the holding of an administrative hearing before the issuing officer. The notice shall state the reason for the revocation and state that the permit holder shall be afforded an opportunity to appear at the hearing and present evidence as to why the permit should not be revoked. The issuing officer shall make a decision within three (3) business days of the hearing and provide the permit holder with written notice of same. If the permit is revoked, such revocation shall become effective three (3) business days after the issuing officer mails the written determination to the permit holder. (Ord. 10-935)
C. Appeal: A permit holder may appeal a decision of the issuing officer to the city's transportation and public safety commission. An appeal before this body shall conform to such general appeal provisions as apply to this part. (Ord. 10-935; amd. Ord. 13-986)
A. The council shall employ some fit and qualified person or persons to perform the duties of inspecting the installation, connection, maintenance and use of all side sewers, public sewers, private sewers and facilities in connection therewith in the city, to be known as the sewer superintendent.
B. The person so employed shall receive as compensation for his services for making inspections required to be made by the ordinances, orders and regulations from time to time enacted and ordered by the council, a sum to be fixed by the council.
C. He shall serve at the pleasure of the council and may be another official of the city. (Ord. 309 Art. 2, § 6, 1975)
A. Grease Interceptor Installation Requirement Criteria: Grease interceptors are required for all facilities used and operated regularly for the commercial preparation of foods. Businesses requiring grease interceptors include, but are not limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, and any other kinds and types of food vending establishments in which any food preparation (including heating or defrosting in or by means of any kind of oven or heating device) takes place on the premises, whether or not such facilities are located in a separate building or structure or occupied by other businesses, as well as schools, churches, boarding houses with communal kitchen facilities, nursing homes, and daycare centers which have kitchens and engage in the preparation of food.
If there is more than one building in the facility in which food preparation takes place, each building shall have its own grease interceptor sized as outlined in the minimum requirements or all buildings may discharge to a single grease interceptor that has been sized to the criteria for each individual kitchen. (Ord. 2005-10, 3-15-2005)
The exception shall be those facilities granted a variance, after review and approval from the director of the POTW. Grease interceptors shall not be required for private residences or dwellings. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
B. Grease Interceptor Design Criteria: Each business establishment, for which a grease interceptor is required, shall have a dedicated service and grease interceptor. The design of the grease interceptor shall be in accordance with the minimum requirements enacted by the village of Fox Lake as indicated below, and shall have a minimum of two (2) compartments with fittings designed for grease retention. (Ord. 2005-10, 3-15-2005)
Minimum requirements:
1. Installation of an outside grease interceptor with a minimum liquid holding capacity of one thousand (1,000) gallons. (Sandwich bars and carryout services, which only prepare noncooked foods such as cold sandwiches, shall install a minimum 400 gallon grease interceptor unless the director of the POTW grants a variance.) (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)
2. Installation of a four foot (4') diameter inspection/sampling manhole downstream of grease interceptor.
3. All miscellaneous sinks, slop sinks, floor drains, water wash hoods, etc., located in the kitchen area shall be plumbed to connect into the new grease interceptor.
4. Prohibited discharge to the grease interceptor includes:
a. All washroom facilities.
b. Food waste grinders.
c. Dishwashing machines.
There shall be an adequate number of manholes to provide access for the cleaning of all areas of an interceptor; a minimum of one per interceptor section, and one sampling manhole directly downstream of the interceptor and prior to the effluent entering the sewer main. Manhole covers shall be gastight in construction and have a minimum opening dimension of twenty four inches (24").
One complete set of plans shall be submitted to the village of Fox Lake building department, these plans at a minimum shall include mechanical and plumbing sections. Additionally, the plans shall include size, type and location of each interceptor proposed.
The village of Fox Lake building commissioner shall approve these plans including size, type and location of the interceptor prior to any construction at the proposed site.
C. Grease Interceptor's Location: Each grease interceptor shall be installed and connected such that it is easily accessible at all times for inspection, cleaning, and the removal of intercepted grease. The grease interceptor(s) shall be located as close to the source as practical, however it must be outside the facility served whenever possible. The village of Fox Lake building commissioner prior to any construction on the proposed site shall approve the location of any grease interceptor.
D. Inspection Of Grease Interceptors: The village of Fox Lake industrial pretreatment department shall inspect all grease interceptors within the village of Fox Lake and develop a mechanism to inventory all grease interceptors of properties connected to the collection system, and document the inspections of these grease interceptors. Once all the grease interceptors in the service area are identified, the grease interceptors shall be classified into two (2) categories:
1. Problem Or Significant Grease Interceptors: The facilities connected to these grease interceptors contribute significant amounts of animal/vegetable fats, oil, grease and/or admissible wastes to the collection system or facilities which have been defined as a chronic problem facility. These grease interceptors shall be inspected and documented at a frequency of once every six (6) months or as deemed necessary.
2. Nonsignificant Grease Interceptor: The facilities connected to these grease interceptors do not contribute significant amounts of animal/vegetable fats, oil, grease and/or admissible wastes to the collection system. These grease interceptors shall be inspected and documented at a frequency of once every twelve (12) months or as deemed necessary.
E. Grease Interceptor Maintenance And Pumping Schedules:
1. It shall be the responsibility of the owner to assure that proper maintenance and pumping/cleaning of the grease interceptor is properly performed and documented. All grease interceptors shall be maintained in efficient operating condition. When pumping/cleaning of the grease interceptor is performed the entire contents of the grease interceptor shall be removed, which includes the removal of all accumulated grease, solids and liquid. The pumping/cleaning of the grease interceptor shall be performed in accordance with the schedule listed below and shall be performed in a manner that does not discharge grease into the collection system. At no time may any portion of the contents removed from the grease interceptor be discharged back into the grease interceptor or the sanitary sewer system. The owner/lessee shall conduct, on a monthly basis, an inspection of each interceptor. At no time may the accumulated grease and/or solids exceed twenty five percent (25%) of the holding capacity of the grease interceptor. These inspections and cleanings must be documented and the records kept on site for a minimum of two (2) years. Records to be kept on site shall include a maintenance log showing each date of pumping or service and copies of receipts and manifests describing each pumping or service. All records shall be made available to the pretreatment inspector (upon request). All grease and/or solids removed from the grease interceptor must be properly documented and disposed of by a licensed waste hauler.
2. All existing business/industrial users connected to grease interceptors prior to the implementation of this fats, oil and grease discharge policy are required to pump and clean their interceptor(s) at a minimum frequency of once every thirty (30) days. Inspections and samplings of grease interceptor(s) by the village of Fox Lake pretreatment department shall determine if this pumping/cleaning frequency is adequate to control the amounts of fats, oils, grease and/or admissible wastes entering the collection system or if the pumping/cleaning frequency needs to be adjusted. The village of Fox Lake pretreatment department has the right to increase the pumping and cleaning frequency as deemed necessary. All requests to reduce the pumping/cleaning frequency must be submitted to the village of Fox Lake pretreatment department, in letter form. The address is:
Village of Fox Lake NWRWRF
Pretreatment Department
200 Industrial Avenue
Fox Lake, IL 60020
The village of Fox Lake pretreatment department must approve any changes to this frequency in writing prior to any change being made. In addition, the village of Fox Lake pretreatment department may require the business/industrial user to implement best management practices in order to reduce its discharge to acceptable levels.
3. All new, remodeled and/or chronic problem facilities required to connect to a grease interceptor(s) in accordance with the provision of this policy are required to pump and clean their interceptor(s) once every sixty (60) days (or every other month). Inspections and samplings of grease interceptor(s) by the village of Fox Lake pretreatment department shall determine if this pumping/cleaning frequency is adequate to control the amounts of fats, oils, grease and admissible wastes entering the collection system or if the pumping/cleaning frequency needs to be adjusted. The village of Fox Lake pretreatment department has the right to increase the pumping and cleaning frequency as deemed necessary. All requests to reduce the pumping/cleaning frequency must be submitted to the village of Fox Lake pretreatment department, in letter form. The address is:
Village of Fox Lake NWRWRF
Pretreatment Department
200 Industrial Avenue
Fox Lake, IL 60020
The village of Fox Lake pretreatment department must approve any changes to this frequency in writing prior to any changes being made.
4. If deficiencies are found during an inspection performed by the village of Fox Lake, the owner shall have three (3) weeks to bring the facility into compliance. If the grease interceptor fails a second (consecutive) inspection, the village of Fox Lake shall require the owner to contract with a qualified contractor to install new or additional equipment to bring the facility into compliance. This work shall be completed within six (6) months of the date the village requires such contract to be made. The cost of all work required to bring the facility into compliance shall be the burden of the owner.
F. Biological Treatment: Biological treatment shall not be a substitute for the complete pumping of the grease interceptor at the frequency described in this policy.
G. Existing Sources Not Connected To Grease Interceptors: Existing sources of fats, oil, grease and/or admissible wastes not connected to grease interceptors, which contribute significant amounts of fats, oil, grease and/or admissible wastes will be identified through inspection of the collection system by the village of Fox Lake sewer department. Once these sources are identified, the sewer department shall notify the pretreatment department of their presence. The pretreatment department shall in writing require these facilities to implement best management practices (BMPs) to keep fats, oil, grease and excessive amounts of admissible waste out of the wastewater collection system. All BMPs must be submitted to the pretreatment department for review and approval. Examples of a BMP include:
1. Scrape food from plates into garbage cans.
2. Prewash plates by spraying them off with cold water over a small mesh catch basin positioned over a drain. This catch basin should be cleaned into a garbage can as needed.
3. Pour all liquid oil and grease from pots and pans into a waste grease bucket stored at the pot washing sink. Heavy solids buildup of oil and grease on pots and pans should be scraped off into waste grease bucket.
4. Other kitchen practices identified by the village of Fox Lake or the facility, connector communities or sanitation district and/or facility which will decrease the point source discharge of fats, oil, grease and/or admissible wastes.
If the sewer department finds through inspections of the collection system that the implemented BMPs are not successful at the facility and the facility continues to contribute significant amounts of fats, oil, grease and/or admissible wastes to the collection system, the owner will be required to install an adequately sized grease interceptor as outlined in this policy within six (6) months after being notified.
H. Request For Variance: If a facility that is required to install a grease interceptor finds and documents by a licensed plumber that the facility cannot meet the minimum requirements for a grease interceptor, that facility may submit in writing a variance request. This request must explain the situation, which makes the minimum requirement unachievable, along with an alternative plan for FOG and/or admissible waste reduction. This request must be submitted to the village of Fox Lake pretreatment department within thirty (30) days of the order to install a grease interceptor.
If a facility believes that the pumping/cleaning schedule should be decreased the facility must submit in writing a variance request. This request must include a statement from the grease removal company that the facility has pump/clean their interceptor. The request must also state the frequency the facility feels would be adequate.
No changes to any portion of the FOG policy can be changed until the facility receives from the POTW a written letter either accepting, accepting with conditions or denying the variance request. The facility must abide by the terms the POTW specifies. (Ord. 2005-10, 3-15-2005)
I. Penalties And Fees: The penalties, fines and/or fees associated with noncompliance with this fats, oil and grease discharge policy or portions of the pretreatment ordinance may be at least one thousand dollars ($1,000.00) per violation per day in order to maintain compliance with special condition eight of the village's NPDES permit.
The inspection fees associated with compliance with the FOG policy are as follows:
| Activity | Fee | |
|---|---|---|
| Any facility that requires the Pretreatment Department to inspect the facility more than once in 12 months | $150.00 per inspection (in excess of 1 annually) | |
| Any facility that is mandated to install a grease interceptor in accordance with this policy shall need an inspection by the Village Plumbing Inspector | $150.00 per inspection |
A. Minimum standards for the design and construction of sewers within the city shall be in accordance with the specifications for sewer construction heretofore or hereafter adopted by the city, copies of which are on file in the office of the city clerk. The city engineer may permit modifications or may require higher standards where unusual conditions are encountered.
B. No less than two (2) sets of as built drawings showing the actual location of all mains, structures, wyes and laterals shall be filed with the city before final acceptance of the work. (Ord. 309 Art. 6, § 9, 1975)
A. Bypass Not Violating Applicable Pretreatment Standards Or Requirements: An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to subsections B and C of this section.
B. Notice:
1. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible, at least ten (10) days before the date of the bypass.
2. An industrial user shall orally notify the district of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty four (24) hours of becoming aware of the bypass. A written submission shall also be provided within five (5) days of becoming aware of the bypass. The written submission shall contain:
a. A description of the bypass and its cause;
b. The duration of the bypass, including exact times and dates, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
C. Prohibition Of Bypass:
1. Bypass is prohibited and the district may take enforcement action against an industrial user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
b. There were no feasible alternatives to bypass, such as use of auxiliary treatment facilities, retention of wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c. The industrial user submitted notices as required by subsection B of this section.
2. The POTW may approve an anticipated bypass, after considering its adverse effects, if the district determines that it will meet the three (3) conditions listed in subsection C1 of this section. (Ord. 12-08-09.35, 12-8-2009)
(1) All vehicles must be kept in an orderly manner, provided that none are parked in a place that is not paved;
(2) No servicing of such vehicles may be done except in a building or structure that is completely enclosed. (1986 Code)
(1) The storage and dispensing of petroleum products for automobiles and other products related to automobile repair and maintenance. (Ord. 520, 9-22-1987)
(2) The repair and maintenance of automobiles. All lubrication equipment, hydraulic hoists and pits shall be located entirely within the building. Body repair work or equipment, and coin operated vehicle maintenance equipment other than air pumps are prohibited. All repair work must be performed inside the bay area except that minor repair work may be performed on not more than two (2) automobiles at one time in the area immediately outside of and adjacent to the inside bays. Minor repair may include changing of tires, replacement of hoses, belts and batteries, and similar equipment. (Ord. 89-596, 6-27-1989)
(3) The sale of products not related to automobile repair and maintenance as set forth in subsections 11-78B(2) and B(3) of this division. (1986 Code)
(4) No use or function not specified in subsection (1), (2) or (3) of this section of any kind including, but not limited to, the sale or advertising for sale of automobiles shall be permitted on a gasoline service station premises, except as otherwise may be included in the special use permit. The following shall be the criteria for adding a product for sale to the special use permit:
(a) Whether the sale of such product(s) will constitute a risk to the health, safety, or general welfare of the public.
(b) Whether the sale of such product(s) will unreasonably detract from the primary use of the site as a gasoline service station.
(c) Whether the sale of such product(s) will impede the flow of traffic either on or off premises.
(d) Whether the site has the capability to handle any additional parking that may be required by the sale of the product(s).
Any product added to the special use permit shall be sold in a manner which complies in all respects with subsection 11-78B(2) of this division regarding customer sales office area. Only perishable food items permitted to be sold in subsection 11-78B(2) of this division shall be sold. (Ord. 520, 9-22-1987)
(1) Failure to comply with the provision of this division shall result in a fine as outlined in appendix D, article XIIIA of this code. Each day of operation in violation of section 11-114 or 11-120 of this article shall constitute a separate and distinct offense and fines shall be levied per day. (Ord. 97-915, 10-27-1997)
(2) The sale of firearms without a license as required by this division or at a gun show or event without a permit or a location prohibited by this division is punishable by up to six (6) months imprisonment or a fine as provided in subsection (1) of this section, or both. Each sale in violation of this division shall constitute a separate and distinct violation.
(3) The county of Cook may seek an order to restrain violation or enjoin future operation of a firearms dealer operating in violation of this division, or both. (Ord. 95-831, 2-27-1995)
(1) Overhead Plumbing. All new buildings with basements, floors, rooms or occupancy areas below grade level at the building site shall have overhead plumbing for both storm and sanitary systems.
(2) Footing Drains. Footing drains shall be connected to sump pumps for further discharge via an overhead system into a storm sewer or a drainage ditch. No footing drain or drainage tile shall be connected to the sanitary sewer system. All sump basins shall be vented. No wastewater from the building may be connected to a footing drain or footing drain sump basin.
(3) Pipe Bedding. Bedding, other than concrete embedment, shall consist of crushed gravel, or crushed stone, one-fourth inch (1/4") to one inch (1") in size. As a minimum, the material shall conform to the requirements of article 704.01 of the standard specifications for road and bridge construction, of the state of Illinois or ASTM C-33. The gradation shall conform to the gradation CA7, CA8, CA11 or CA13 of the Illinois standard specifications or to ASTM gradation no. 67. The pipe shall be laid so that it will be uniformly supported and the entire length of the pipe barrel will bear on the bedding. No blocking of any kind shall be used to adjust the pipe to grade except when blocked with embedment concrete and the remainder of the pipe is in full contact with the bedding. Bedding shall be required for all sewer construction, and shall be of a minimum thickness equal to one-fourth (1/4) of the outside diameter of the sewer pipe but shall not be less than four inches (4") deep, and shall extend to the spring line and be fully tamped into place. When PVC, ABS or other flexible or composite sewer pipe or service is utilized, the bedding material shall extend to twelve inches (12") over the top of the pipe and be fully tamped into place. (Ord. 89-613, 11-28-1989)
(4) Storm Water Discharge. Downspouts and storm water drains shall not be connected to the sanitary sewer but shall be discharged onto splash blocks, into a dry well or as otherwise approved, in writing, by the village engineer. Under no circumstances shall the point of discharge be located less than ten feet (10') from the building wall or closer than fifteen feet (15') from any lot line of the property. On properties where the distance between the foundation and the adjoining property line is less than fifteen feet (15'), the downspout discharge must be hard piped to the front or rear of the property, no closer than fifteen feet (15') from the property line. In no case shall any downspout termination be installed in a manner that will cause additional drainage onto a neighboring property. (Ord. 04-1212, 8-17-2004)
(5) Floor Drains. Floor drains in basements shall be connected to sump pumps and discharged to the sanitary sewers. (Ord. 89-613, 11-28-1989)
(6) Sump Pumps. A sump pump shall be used for one function only, either the discharge of storm waters or the discharge of sanitary sewage. Subject to the following exceptions the discharge point from a ground water or other storm water sump pump shall be located no closer than fifteen feet (15') from the lot line of the property on which the sump pump is located:
(a) Sanitary sump pumps installed to receive and discharge floor drain flow or other sanitary sewage shall be connected to the sanitary sewers.
(b) Storm water or ground water sump pumps installed to receive and discharge ground waters or other storm water shall be connected to the storm sewer or shall discharge into a drainage ditch. (Ord. 03-1165, 6-17-2003)
Exceptions: 1) The adjacent property owner has approved the location by written instrument acceptable to the village; provided that the approval of an adjacent owner shall not be binding on a successor owner; or 2) the village engineer makes a written determination that locating the discharge point closer than fifteen feet (15') from the property will not increase either the volume or rate of runoff on the adjacent property. In no case shall any sump pump discharge termination be installed in a manner that will cause additional drainage onto a neighboring property. (Ord. 03-1165, 6-17-2003; amd. Ord. 04-1212, 8-17-2004)
(7) Window Well And Areaway Drains. No window or areaway drains carrying surface runoff or ground water shall be connected to the sanitary sewer.
(8) Construction Standards. In addition to meeting all other applicable requirements, sanitary sewers shall be SDR26 PVC or CL52DIP. Public sanitary sewers shall have a minimum internal diameter of eight inches (8"). Sanitary sewer services shall have a minimum internal diameter of six inches (6"). Joints for sanitary sewers and sanitary sewer services shall be of the compression type in conformance with the specifications of the American Society for Testing Materials, designation D3212 (PVC) of (DIP). Sidewalls and bases of manholes on sanitary sewers shall be of reinforced precast concrete ring construction which shall have a five inch (5") minimum thickness. Manhole frames and covers shall be Neenah R-1015 with a concealed pick hole, gasket seal and "SANITARY" cast on top. Precast flexible rubber sleeves shall be provided for all manhole connections. Manhole covers to be used in the floodplain shall be a bolt down type (R-1077-B or R-1916-F).
(a) Current MDSGC requirements shall apply, including, but not limited to, requirements for pipe slope and manhole spacing. All PVC pipe shall be deflection tested. All pipe shall be tested for infiltration.
(b) In cases where a connection is within twelve inches (12") of the manhole, sanitary services shall connect directly to the manhole. All other connections shall be by WYE connection and shall attach to the pipe with a gasket or glue and bonding. Maximum infiltration shall be 100 gal./in dia.,/mile/day, tested after service connections are installed.
(c) All sanitary sewer lines shall be placed in a prepared (shaped and compacted) bed of crushed stone. The ratio of the thickness of the crushed stone bed to the outside diameter of the pipe shall be not more than one to four (1:4). Under no circumstances shall the bed be less than four inches (4"). The pipe shall be covered at least to the springline with the bedding material constructed as outlined in subsection (3) of this section. (Ord. 89-613, 11-28-1989)
A. Every portion of the massage establishment, including any and all appliances, apparatus, or other mechanical and therapeutic devices shall be kept clean and operated under sanitary conditions. The massage establishment shall contain facilities for sanitization of equipment before use on each customer.
B. Price rates for all massage services shall be prominently posted in the reception area of the massage establishment in a location available to all prospective customers.
C. All employees and massage therapists shall wear clean, nontransparent outer garments covering the sexual and genital areas.
D. All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner. All towels and linens furnished for use of one patron shall not be refurnished for use of another patron until laundered.
E. The sexual or genital areas of clients must be covered with nontransparent towels, cloths, or undergarments when in the presence of an employee or massage therapist.
F. All walls, ceilings, floors, pools, showers, baths, and steam rooms and any other physical facilities shall be kept in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the massage establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.
G. Oils, creams, lotions, and other preparations used in administering massages shall be kept in clean individual use containers, closed containers or cabinets.
H. Each massage therapist shall wash his or her hands in hot running water using a proper soap or disinfectant before administering any massage to any customer or client.
I. It shall be unlawful for any person in the massage establishment to place his or her hand upon, to touch with any part of his or her body, or fondle in any manner, or massage a sexual or genital area of any person.
J. No massage therapist, employee, or licensee shall perform, offer, or agree to perform any act which shall require the touching of a client's sexual or genital area.
K. No massage therapist shall administer a massage to a client exhibiting any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the state of Illinois shall certify in writing that such person may be safely massaged and shall describe the conditions under which such massage may be performed.
L. No client shall be permitted to operate any device capable of recording or transmitting still or moving images in any area of the massage establishment, including, without limitation, still or video cameras, video recorders, camera phones, or any similar device. (Ord. 11-1479, 2-15-2011)
A. "Part time officer" means a member of the Northfield police department who is employed by the village of Northfield for less than one thousand (1,000) hours in a twelve (12) month period beginning May 1 of any calendar year and who has completed the training requirements for part time police officers as promulgated by the Illinois law enforcement training and standards board.
B. The chief of police of the village shall have the authority to hire part time police officers subject to the approval of the village manager and to appropriate funding for such officers by the village board.
C. Part time police officers are not subject to the village of Northfield board of police commissioners, but are at will employees whose employment may be terminated or their hours diminished at the sole discretion of the chief of police.
D. Part time police officers employed pursuant to the provisions of this section shall not be subject to any of the provisions contained in section 10-2.1-1 et seq., of the Illinois municipal code for the hiring, discipline and termination of full time police officers.
E. Any person employed as a part time police officer must meet the following standards:
(1) Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties.
(2) Be at least twenty one (21) years of age.
(3) Pass a medical examination.
(4) Possess a high school diploma or GED certificate.
(5) Possess a valid state of Illinois driver's license.
(6) Possess no prior felony convictions.
(7) Any individual who has served in the U.S. military must have been honorably discharged. (Ord. 12-1531, 8-20-2012)
A. Every massage establishment shall comply with the following minimum requirements:
(1) All massage tables, lavatories, and floors shall have surfaces which may be readily disinfected.
(2) Separate dressing, locker, toilet, and massage room facilities shall be provided for female and male clients, so that female and male clients may be served simultaneously in the event that clients of both sexes are permitted. Doors to the dressing rooms shall open inward and shall be self-closing.
(3) Toilet facilities shall be provided within the massage establishment. When five (5) or more employees, massage therapists, or patrons of different sexes are contemplated to be on the premises at the same time, separate toilet facilities shall be provided for each sex. A lavatory capable of providing both hot and cold running water shall be installed in each toilet room and shall be supplied with soap and a dispenser with sanitary towels.
(4) Closed cabinets shall be provided for use in the storage of clean linens, towels, and other materials used in administering massage services. All soiled linens, towels, and other materials shall be kept in properly covered containers or cabinets which shall be kept separate from the clean storage areas.
B. Subsections A(2), A(3), and A(4) of this section shall not apply to a massage establishment where all massages are administered to patrons who are fully clothed and where there is no application of oils, creams, lotions, or other liquids to the body of any client. (Ord. 11-1479, 2-15-2011)
A. On or before each yearly anniversary of a boarding permit, a property owner desiring to continue to board a building shall pay the annual boarding fee shown on the Salt Lake City consolidated fee schedule.
B. A late fee of twenty five dollars ($25.00) shall be assessed by the city for each thirty (30) days, or any portion thereof, in which the annual fees have not been paid.
C. If the property owner fails to pay either the initial boarding fees or the annual boarding fee, the city may take legal action to collect any amounts owed. (Ord. 24-11, 2011)
A. Violating Ordinances, Rules, Regulations, Orders Or Permits:
1. A person who violates any provision of or fails to perform any duty imposed by divisions 9 through 13 of this article, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order or permit adopted or issued under such divisions of this article, is guilty of a class B misdemeanor and, upon conviction, is subject to penalty as provided in section 1-4-1 of this code per violation per day.
2. In addition to any criminal penalties imposed on a person convicted under this section, the person may be enjoined from continuing the violations.
3. Each day on which a violation occurs is a separate violation under this subsection.
B. False Statements In Required Documents: A person is guilty of a class B misdemeanor and, upon conviction, is subject to penalty as provided in section 1-4-1 of this code per violation per day if the person:
1. Knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this article, or any rule, regulation, order or permit adopted or issued under this article; or
2. Falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this article, or any rule, regulation, order or permit adopted or issued under this article. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)
A. Standards Applicable To New Service Stations And Those Undergoing Major Alteration.
(1) All buildings, building materials and accessory structures shall be designed to be compatible with neighboring structures in the village of Northfield. No gasoline service station building shall contain more than one story, and the building may be no higher than twenty five feet (25') at its highest point.
(2) The use of color on the building and accessory structures shall be for the sole purpose of enhancing the aesthetic quality of the premises and shall be consistent with neighboring structures. Such use of color shall not be used for the purpose of calling attention to an oil company or any other company or product. (1986 Code)
Business identity, either by awnings, accent bands, paint or other applied color schemes, signage, parapet details, or materials shall not be the dominant architectural feature. (Ord. 14-1596, 6-17-2014)
(3) A comprehensive landscaping plan, showing caliper and species of trees, height and species of shrubbery, natural ground cover and other features, shall be submitted to the architectural commission for approval as part of the special use application. Buffer zone planting shall be designated, arranged and maintained so that, within two (2) years of planting, such buffer shall form a complete screen of not less than six feet (6') in height. Where a gasoline service station abuts a residential zoning district, a buffer of a six foot (6') fence of natural wood or masonry, or a six foot (6') planting screen or both as designated by the architectural commission, shall be used. Not less than fifteen percent (15%) of the lot area shall be devoted to unpaved, easily maintained areas containing live plantings. All natural plantings serving a buffering function shall be continuously maintained and replaced by the owner/operator. Any plant which either dies or loses more than fifty percent (50%) of its branches or foliage must be replaced within thirty (30) days, weather permitting.
(4) All external lighting fixtures shall be designed and located so that light sources are not visible to the general public and direct light rays are confined to the gas station premises. All electrical services shall be installed underground.
(5) Canopies, if any, shall be constructed in accordance with a special use permit. Permits shall be granted according to the following standards:
(a) All designs must be reviewed by the architectural commission.
(b) The canopy shall be an integral part of the overall design of the premises.
(c) The canopy may not impede the flow of traffic either on or off the premises.
(d) The architectural commission, as part of the review process, may require modification of the existing building to make it consistent with the proposed design of the canopy.
(6) All driveways providing access to or from the street shall be approved by the plan, zoning, and architectural commissions and shall be located at least twenty feet (20') from any intersection or other driveway.
(7) All storage tanks shall be underground, and access thereto by tanker trucks during filling shall not interfere with or obstruct off premises traffic.
(8) All gasoline pumps shall be located on concrete islands raised not less than five inches (5") above the grade of the paved area immediately adjacent to the island.
(9) Concrete shall be required within ten feet (10') of all pump islands and on all garage floors.
B. Standards Applicable To All Stations (Existing And New).
(1) No outdoor displays for products shall be permitted with the exception of two (2) outdoor display and storage racks for automobile products other than tires; such racks shall be located on or adjacent to a pump island or adjacent to the customer sales office but not on top of the gasoline pump. The display shall be compatible with surrounding structures, contain no advertising and not interfere with visibility from traffic in or passing by the gasoline service station. Each rack shall be no larger than twelve (12) cubic feet in volume.
Additionally, two (2) tire racks, not longer than ten feet (10') in length and each supporting not more than one row of tires, shall be permitted. Said tire racks shall contain no information or advertising except that each individual tire may have attached to it an individual tag specifying the price, brand and specifications of the tire. (1986 Code)
(2) It is the intent of this section that a gasoline service station shall not take on the character of "minimarket", a small grocery store or a convenience store.
(a) Only the following nonautomotive products may be offered for sale:
1. Nonalcoholic beverages, food items, tobacco, health, personal, beauty and household products.
2. Products generally related to motor vehicle driving convenience or use.
3. Promotional items or premiums offered for sale on a temporary basis, but not for longer than sixty (60) days.
(b) The offering for sale of any nonautomotive product must conform to the following criteria:
1. Nonautomotive products may not be displayed or stored outdoors with the exception of the ice or beverage vending machine described in subsection B(3) of this section. The customer sales office shall be no more than two thousand five hundred (2,500) square feet. The customer sales office shall be used for the storage (including vending machines and refrigeration units), display and sale of nonautomotive and automotive products. Products for sale must be capable of being displayed and sold in a manner consistent with the regulations of this division.
2. Nonautomotive products shall not detract from the gasoline service station's primary function as a provider of gasoline and/or automotive service. (Ord. 14-1596, 6-17-2014)
(3) No vending machine, including refrigeration units, shall contain signs other than those which are an integral part of the machine and state the product dispensed by the machine. Only one of either a nonilluminated ice vending or beverage vending machine may be located outside the building. All other vending machines and refrigeration units must be located inside the building.
(4) All trash storage areas shall be fully shielded from public view. Closed containers shall be provided for all refuse. All combustible materials must be separately stored in closed containers with tightfitting lids. If the trash storage area is not located inside a building, it must be contained within a fenced area. Any liquid runoff from a gasoline service station shall be contained on the premises and disposed of lawfully. One trash container may be placed on each pump island. This container shall contain no advertising. (1986 Code)
(5) To ensure adequate parking, a minimum of three (3) off street parking spaces shall be provided for each repair bay and one off street parking space shall be provided for each two hundred fifty (250) square feet of customer sales office area. In the event that a gasoline service station does not have repair bays, then one off street parking space shall be provided for each two hundred fifty (250) square feet of gross square footage of the building. No vehicle may be stored more than forty eight (48) hours in an outside area not screened by a buffer zone of natural plantings or fencing as provided in subsection A(3) of this section or as set forth in the special use permit. No vehicle, except for station owned vehicles used in normal operation of the station, may remain on the premises for more than ninety (90) consecutive days, even if so screened. (Ord. 14-1596, 6-17-2014)
(6) The number of gasoline pumps shall be as set forth in the special use permit. An existing station may not increase the number of pumps without seeking an amendment to the special use permit to do so.
(7) The remainder of the lot, excluding the area occupied by the fully screened storage areas as specified in subsection B(5) of this section or the designated landscaped areas, shall be sustained with concrete or a plant mixed bituminous material. The lot shall be constructed so as to prevent stagnant pooling of gasoline and other volatile or toxic liquids on the premises. (1986 Code)
A. Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his or her own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.
B. A hearing shall be canceled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto. (Ord. 11-950)
A. Organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, charitable or reformatory purposes and not operated for pecuniary profit;
B. Where no part of the net earnings inures to the benefit of any person;
C. Where the solicitation of the organization shall be conducted among the members by other members or officers, voluntarily and without remuneration for the solicitations;
D. When the solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or any branch thereof. (Ord. 438, 4-6-1999)
A. All certified wastewater haulers planning to discharge sanitary wastes to the NWRWRF from sites within the northwest region shall be required to obtain a wastewater hauler discharge permit. An application form can be obtained at the NWRWRF and must be completed and approved before any regulated discharge can take place. A permit fee of twenty five dollars ($25.00) must accompany the completed application. Permits shall be valid for a period of one year, and each permit shall expire on January 31 of each year.
B. Each permitted truck shall prominently display a vehicle tag issued by the NWRWRF on both doors of the vehicle. Such tags shall be removable only by destruction. Vehicle tags will be provided at a cost of five dollars ($5.00) per truck, upon approval of the permit application. A copy of the original permit shall be in the possession of the driver at all times. The fee for discharging shall be six cents ($0.06) per gallon.
C. Wastewater disposal shall be limited to wastes from a septic toilet, chemical closet or any other watertight enclosure used for storage and decomposition of human excrement and/or domestic wastes. Wastewater disposal shall be allowed at the NWRWRF Monday through Friday between seven o'clock (7:00) A.M. and three o'clock (3:00) P.M.
D. The driver upon entering the NWRWRF shall first contact the POTW representative on duty in the administration building. For each load disposed of at the NWRWRF, the POTW representative on duty shall inspect the truck for proper identification and then instruct the driver where to unload the truck. The driver shall not unload the truck without prior approval from the POTW representative on duty. The truck driver shall fill out an invoice with the permit number, arrival time, liquid capacity of the load, origin of the load and the telephone number of the originating source. The invoice shall then be signed by the driver and the POTW representative on duty.
E. Representative samples of wastewater taken from the wastewater hauling vehicle from both industrial and nonindustrial users shall comply with the provisions of section 7-3A-11 of this article through and including this section. Sampling shall be performed on a random and periodic basis.
F. All procedures for discharging, for cleanliness, and for general sanitary operation on the NWRWRF property, and any provisions stated in the wastewater hauler discharge permit, as prescribed by the NWRWRF shall be strictly adhered to by all wastewater haulers delivering wastewater to the NWRWRF. Any violation of these procedures, or failure to comply with provisions set forth in the permit or ordinance shall be grounds for revocation of the wastewater hauler discharge permit.
G. Wastewater from an industrial user shall not be mixed with wastewater from a nonindustrial user. Vehicles hauling wastewater from an industrial user shall not be used to haul wastewater from a nonindustrial user for disposal at the NWRWRF.
H. The NWRWRF reserves the right to reject any wastes delivered to the plant which the NWRWRF believes may have an adverse effect on the treatment works and/or processes.
I. All septic bills are payable within thirty (30) days after invoice date. In the event a septic hauler has not made arrangements with the village and has not paid a bill payable to the village for more than sixty (60) days, the septic hauler shall lose his dumping privileges until all delinquent bills are paid in full.
J. Septic bills that are past due for ninety (90) days or more may result in a legal action to collect all monies due the village or may result in the claim being sent to a collection agency or both.
K. All outstanding septic bills which are past due for thirty (30) days or more shall accrue interest at the rate of one percent (1%) per month compounded monthly on the outstanding balance.
L. Any payment agreement made prior to the establishment of this procedure will be allowed to continue. Any such arrangement existing on the date this procedure is established shall be subject to quarterly review and modification if desired by the village. (Ord. 2005-10, 3-15-2005)
A. Information and data (other than effluent data) about a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public, unless the user specifically requests and is able to demonstrate to the satisfaction of the district that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. Effluent data shall be available to the public without restriction.
B. When the person furnishing a report satisfies the district that such person has made the demonstration required by subsection A of this section, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection, except upon written request by the state or EPA for uses related to this article. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information. (Ord. 12-08-09.35, 12-8-2009)
A. Permitted Signs. The following signs and displays and no others shall be permitted on a gasoline service station premises:
(1) One pole sign used for oil company identification, not to exceed sixteen feet (16') in height and sixteen (16) square feet in area. The sign may be double faced if the distance between the faces is less than twelve inches (12"). The sign may be internally illuminated. The special use permit may designate an existing pole sign as a nonconforming use.
(2) One permanent wall sign not to exceed eighteen (18) square feet in area. Such sign shall contain only the station name or oil company logo and may not project more than six inches (6") from the face of the wall. No wall sign may be painted on the building.
(3) One nonilluminated price sign, not to exceed twelve (12) square feet in area, containing the prices of not more than three (3) fuels. Such sign may be double faced provided the distance between the faces is not greater than twelve inches (12"). Such sign may be placed on the pole which bears the oil company's identifying insignia if such a pole is used. Otherwise, its location shall be designated in the special use permit. If a price sign frame or standard remains unused for more than ten (10) consecutive days, it shall be immediately removed or become subject to a penalty as set forth in section 1-13 of this code for each day of nonuse. If the area of a price sign is less than sixteen (16) square feet, the amount that it is less than sixteen (16) square feet may be used for the station's permanent pole or wall sign. This amount shall be in addition to the maximum area for such signs specified in subsections A(1) and A(2) of this section.
(4) In addition to the signs permitted in subsections A(1) through A(3) of this section, the following are permitted provided that the following signs shall contain no other information whatsoever:
(a) Reasonable, self-serve/full serve identification designed for the sole purpose of notifying customers of the location of the respective service island.
(b) Federally required and safety information shall be located on or adjacent to the pump or as required by law.
(c) One sign designating hours of operation not to exceed three (3) square feet.
(d) One sign designating the ownership of the station not to exceed three (3) square feet.
(e) One sign, not to exceed four (4) square feet designating the location of an air pump.
(5) The village of Northfield sign ordinance (chapter 12 of this code) shall be applicable to all gasoline service stations except to the extent that it may conflict with this division, in which instance this division shall control.
(a) The amortization period for each nonconforming permanent wall or permanent ground sign shall be determined by subtracting the number of years during which the sign has been displayed from the number ten (10). If the sign has been displayed ten (10) or more years, the period of amortization shall be one year.
(b) The amortization period for a nonconforming price sign, window sign or self-serve/full serve sign shall be ninety (90) days from the date of passage of this division.
(6) Nothing in the foregoing shall prohibit signs advertising temporary promotions of products or services subject to the following:
(a) Said signs shall not be displayed for longer than three (3) weeks.
(b) The total sign square footage shall not exceed thirty two (32) square feet. Balloons, streamers, pennants, figures are not permitted.
(c) No more than two (2) such promotions shall be conducted at any gasoline service station in any twelve (12) month period.
(d) The village reserves the right to regulate any such promotions with respect to safety. (Ord. 14-1596, 6-17-2014)
B. Prohibited Signs. The following signs and displays are expressly prohibited on a gasoline service station premises:
(1) Use of supergraphics, which include a sign, with or without text, applied to the building facade as an adhesive or by other methods and not otherwise permitted by this code, shall be prohibited.
(2) No video screens or audio devices shall be permitted on gasoline pumps. (Ord. 14-1599, 8-19-2014)
A. Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) calendar days prior to the date of the hearing.
B. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than two (2) business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days without stipulation by all parties.
C. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).
D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice of abatement shall constitute prima facie evidence of the violation and the code enforcement officer who issued the notice of abatement is not required to participate in the appeal hearing. The appellant, and the enforcement officer issuing the notice, as well as all other responsible persons, shall have the opportunity to present evidence and to present and cross examine witnesses. The appellant and the enforcement officer issuing the notice of abatement, or other responsible persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.
E. If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit any admissible evidence demonstrating the nonexistence of the alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the notice of abatement is final and binding. (Ord. 11-950)
A. The extension of a public sewer in the manner provided in this article to serve any parcel or parcels of land shall be done by and at the expense of the owner or owners thereof, but the city reserves the right to perform the work and bill said owner or owners for the cost thereof, to perform the work itself or to perform the work pursuant to special assessment proceedings.
B. Such owner or owners and city may enter into a reimbursement agreement whereby such owner or owners may recover up to but not in excess of the portion of the cost of the extension of the public sewer main which would have been payable by the owners of other parcels of land which can be served by said main sewer if such other owners had joined in the extension thereof. Such reimbursement shall be from funds collected by the city, within five (5) years from the date of issuance of a permit for such extension, from others who connect to the main sewer extension so installed and paid for by such owner or owners. No interest shall be paid on any amount reimbursable under such reimbursement agreement. Such sums as are actually received by the city shall be paid by the city to the owners or owner originally installing the main sewer extension, but the city shall in no way be obligated to be sure that the owner or owners making such extension receive the total amount reimbursable under such reimbursement agreement.
C. Where more than one owner contributes toward the cost of the main extension such sums shall be refunded to such owners pro rata according to the amount which they severally contributed toward the cost of the extension.
D. Any such agreement shall be made and entered into prior to the issuing of a permit for the work. (Ord. 309 Art. 6, § 11, 1975)
A. A hearing board shall be appointed by the city council as needed for arbitration of differences between the city sewer superintendent and sewer users on matters concerning interpretation and execution of the provisions of this article by the city sewer superintendent.
B. The hearing board shall consist of five (5) members, which shall include a registered professional engineer, a practicing sanitary engineer, a representative of industry or manufacturing enterprise, a lawyer and a member selected at large for his or her interest in accomplishing the objectives of this article.
C. The cost of arbitration will be divided equally between the city and the user or applicant. (Ord. 12-08-09.35, 12-8-2009)
A. Not later than fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is nonexistent, the notice of abatement shall be deemed canceled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists, he/she shall issue a written order of abatement which shall contain the following:
1. A finding and description of each nuisance condition existing at the subject property.
2. The name of each person responsible for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor.
3. The required corrective action and a compliance period for each unabated nuisance condition.
4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.
5. The following statement:
The decision of the Hearing Officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.
B. Notwithstanding any provision of the code to the contrary, the decision of the hearing officer is final and conclusive.
C. A copy of the decision shall be served by first class mail on each responsible person to whom the notice of abatement was issued. If the owner is not an appellant, a copy of the order of abatement shall also be served on the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this article. (Ord. 11-950)
(1) A single stall automatic drive-through car wash facility may be permitted in conjunction with a gasoline service station subject to the following conditions:
(a) The site on which a car wash facility is located must contain not less than thirty thousand (30,000) square feet. This site must be under a single ownership.
(b) There must be an unobstructed portion of the driveway at least two hundred (200) linear feet by ten feet (10') wide dedicated to automobiles waiting to use the car wash facility.
(c) Vacuuming machines may be permitted only upon a showing that its use will not interfere with the movement of other vehicles using the station and that all precautions are taken to reduce the noise to the lowest level possible.
(d) There must be a designated on site area for persons wishing to park a vehicle and hand dry it after the car wash. This area may not interfere with ingress and egress to the gas station site or the car wash facility. This area shall contain at least seven hundred fifty (750) square feet for each automobile capable of being washed at any one time.
(e) Prior to installing the car wash facility, the owner must submit a plan to the village for preventing water from leaving the actual car wash facility. This plan shall be subject to review and approval by the village.
(f) All drive surfaces on the site which may be used for egress upon exiting the car wash facility shall be provided with rumble strips and automatic heating devices for a reasonable length which operate when the drive surface falls below thirty two degrees Fahrenheit (32°F) and which are capable of keeping ice from forming down to ten degrees Fahrenheit (10°).
(g) The facility must be equipped with an approved water recycling system.
(h) Such facility shall not operate between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
(i) At such time as the chief of police or a person acting in his stead, in his sole discretion, believes that weather conditions are such that the continued operation of the facility constitutes a hazard to the safety of persons operating motor vehicles upon adjacent roadways, the chief of police or a person acting in his stead may order it closed until such hazard is over. Under no circumstances shall the facility be operated when the temperature falls below ten degrees Fahrenheit (10°F).
(j) The petitioner must demonstrate that the noise level of the proposed equipment is as low as state of the art equipment will permit. At any time during the existence of the special use permit the corporate authorities may require, upon a showing that noise levels are sufficient to disturb a reasonable person on adjacent properties, that the facility operate only when its doors are closed.
(k) At such time as the chief of police or person acting in his stead, in his sole discretion believes that intensive use of the facility is causing a traffic hazard on adjacent roadways, he may order the facility closed until such hazard is removed. An order of closing under these circumstances may not extend beyond four (4) consecutive hours. Under no circumstances may an employee of the facility or any other person not designated by the village be permitted to direct traffic onto or off of adjacent roadways.
(l) There shall always be at least two (2) service station attendants on duty when the car wash is in operation, with a minimum of one of the attendants specifically trained in the operation of the car wash.
(m) No portion of any car wash facility shall be located within twenty feet (20') of any property line and within sixty feet (60') of any roadway. (Ord. 89-596, 6-27-1989)
A. Any responsible person shall have the right to fully abate a nuisance in accordance with the hearing officer's decision prior to the date of entry of city personnel upon the subject real property, provided that all corrective actions are completed with all required city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be canceled, with the exception of the city's right to seek recovery of its incurred incidental expenses, code enforcement fees, and attorney fees as provided by and pursuant to the provisions of this article.
B. Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.
C. It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel in the performance of any act that is carried out to abate a public nuisance.
D. All buildings, structures, and/or personal property that are removed by city personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value, if any. (Ord. 11-950)
A. User Fee: Each sewer user shall pay a monthly sewer user fee calculated as follows:
SEWER
| Table | Description | Base Rate |
Rate Per Thousand Gallons |
|
|---|---|---|---|---|
| Sewer: | ||||
| 511 | Residential | $26 .49 | ||
| 513 | Schools | 26 .49 | $4 .13 | |
| 514 | Laundry | 26 .49 | 5 .32 | |
| 515 | Apartments | 26 .49 | 3 .86 | |
| 516 | Commercial | 26 .49 | 4 .10 | |
| 517 | Wyo Linen | 26 .49 | 3 .86 | |
| 518 | Service stations | 26 .49 | 4 .67 | |
| 519 | Restaurants/bars | 26 .49 | 4 .71 | |
| 520 | Motels | 26 .49 | 3 .86 | |
| 521 | Hospitals/clinics | 26 .49 | 3 .98 | |
| 522 | Churches | 26 .49 | 4 .10 | |
| 523 | Manufactured home park | 26 .49 | 4 .29 | |
| 525 | Crown | 26 .49 | 3 .91 | |
| 549 | Out of city commercial | 26 .82 | 4 .84 | |
| 575 | Fremont Beverages | 26 .49 | 3 .37 | |
| 501 | Sewer special | 26 .49 | ||
| 536 | Sewer special | 52 .14 | ||
| 545 | Sewer special | 57 .71 | ||
| 547 | Sewer special | 31 .46 | ||
| 555 | Sewer special | 31 .97 | ||
| 577 | Sewer special | 33 .74 | ||
B. Tap Fees: The following tap fees shall be paid prior to a permit being issued for connecting to the municipal sewer system:
TAP FEE SCHEDULE
|
Water Tap Size (Inches) |
Sewer Connection Charges (Based On Water Tap Size) |
|
| In City | Out Of City | |
| 3/4 | $ 800 .00 | $ 1,000 .00 |
| 1 | 1,200 .00 | 1,500 .00 |
| 11/2 | 2,000 .00 | 2,500 .00 |
| 2 | 3,200 .00 | 4,000 .00 |
| 4 | 8,000 .00 | 10,000 .00 |
| 6 | 16,000 .00 | 20,000 .00 |
| 8 | Negotiated | Negotiated |
A. The village of Northfield foreign fire insurance tax board (the "board") is hereby created to consist of five (5) members. Five (5) officers shall comprise the board and shall be elected from all members of the village fire rescue department and shall have full voting privileges on any matter before the board. Each such officer shall hold one of the following titles:
(1) President
(2) Vice president
(3) Treasurer
(4) Secretary
(5) Assistant secretary
The officers of the board shall be filled by election by the members of the village fire rescue department. In addition to the officers as provided above, the fire rescue chief of the Northfield fire rescue department or his/her designee shall be an ex officio member of the board, unless otherwise elected to the board at an election held in accordance with the provisions of this section. As an ex officio member, the fire rescue chief shall not have any voting privileges, but shall have the right to participate in all open or closed session discussions regarding the management of foreign fire insurance tax funds, preparation of annual budgets, or any other matter within the scope of the powers and duties of the board and notice of any regular or special meeting in the same manner given to any voting member.
B. The term "member" as used in this section shall mean any nonprobationary member in good standing, including firefighters, paramedics and emergency medical technicians, paid-on-call firefighter, or officer of the village fire rescue department, including the fire rescue chief and all promoted positions. No probationary member of the department may hold an office during the period of his/her probation.
C. The initial election of the board shall be held prior to December 31, 1999, and shall be held in odd numbered years thereafter. Officers shall take office on January 1 and shall serve up to and including December 31 two (2) years thereafter. The terms for all officers shall be two (2) years. The initial election shall be held in accordance with guidelines and procedures established by the village attorney and, thereafter, the board shall adopt any and all necessary rules and regulations governing the nomination and election of such officers for subsequent elections.
D. A village fire rescue department foreign fire insurance tax fund (the "fund") is hereby created and all revenue received by the village from the foreign fire insurance tax shall be deposited in the fund and shall be held and expended in accordance with the following procedures:
(1) The treasurer of the board shall provide to the village finance director an annual accounting of receipts and expenditures of the fund.
(2) By December 31 of each year, the officers of the board shall approve a preliminary budget for the expenditure of funds received pursuant to the foreign fire insurance tax. The officers of the board shall, no later than April 1, adopt a final budget for the collection and expenditure of the foreign fire insurance tax, to be approved by ordinance by the president and board of trustees of the village in order to comply with the statutory mandate of a prior appropriation for all expenditures. The final budget may be amended at any time by a majority vote of the officers of the board with the concurrence of the president and board of trustees consistent with established practice. Expenditures shall be made only for items specifically described in the final budget as originally adopted or subsequently amended.
(3) The board shall have the power to approve the expenditure of monies from the fund for the maintenance, use, and benefit of the department. Any expenditure in excess of five thousand dollars ($5,000.00) shall be subject to the approval of the president and board of trustees; provided, however, that said expenditure shall be approved if it is for the maintenance, use, and benefit of the department.
(4) Any expenditure made from the fund shall be made in accordance with the village rules and regulations, practices, and ordinances, as may be amended from time to time, which govern the procurement of goods and services.
(5) No expenditure shall be made from the fund without approval of the board.
(6) The board treasurer shall give a bond in an amount equal to three (3) times the amount of foreign fire insurance tax revenue to the president and board of trustees of the village to ensure the treasurer's faithful execution and performance of his/her duties as imposed by law and by board rules and regulations. Any fees for said bond shall be paid from funds collected pursuant to the foreign fire insurance tax.
(7) The board treasurer shall be responsible for paying the service charge levied by the Illinois municipal league for the collection of the foreign fire insurance tax from the proceeds of the foreign fire insurance tax; provided, however, that such charge is chargeable pursuant to state law, and further provided that such charge has not already been retained by the Illinois municipal league prior to disbursement of the foreign fire insurance tax.
E. The board shall, in accordance with the open meetings act, establish a regular time and place for its meetings. The board president shall preside at the meetings. The board secretary shall keep a record of all resolutions, proceedings, and actions of the board, and these records shall be open to the public. Three (3) members of the board shall be sufficient to constitute approval of business before the board. Special meetings, with appropriate notice, may be called by the president or by no less than three (3) members of the board.
F. The board may promulgate written rules and regulations governing board matters so long as such rules and regulations are not inconsistent with any applicable law. All rules and regulations promulgated by the board must be approved by a majority of the president and board of trustees of the village in the same manner as for the passage of village ordinances. All rules and regulations shall be available in each fire rescue station. Such rule or regulation shall be filed with the village clerk and shall be made available for public inspection. Rules or regulations of the board shall become effective when the ordinance approved by the president and the board of trustees of the village becomes law. The board secretary shall maintain a record of all board rules and regulations, which shall be available for public inspection.
G. At no time shall the actions of the board or its officers interfere with the rights of the fire rescue chief, or the composition of the village fire rescue department, or in any way impede the normal and regular operation of the Northfield fire rescue department. (Ord. 99-993, 9-27-1999)
A. All structures shall be kept in good repair and all areas shall be kept entirely free of litter. No gasoline, oil, grease or flammable liquid shall be allowed to accumulate on floor or drive areas or to flow into or be placed in the sewer system. Sawdust or other combustible materials shall not be used to absorb oil, grease or gasoline.
B. As a precaution to safeguard persons from potential hazards, an employee of the gas station must be on the premises when the dispensing of fuel takes place.
C. When a station is temporarily out of service, the following precautions shall be immediately taken: 1) the fill line, gauge opening, and pump section shall be capped and secured against tampering; 2) all electrical equipment involving the dispenser and pump shall be disconnected from the main distribution panel; and 3) the main vent line shall remain open.
D. Gasoline service stations shall adhere to all rules and regulations of the following fire codes:
(1) National fire prevention code, 1976 edition article 16.
(2) Flammable and combustible liquids, the National Fire Protection Association 30, 1981 edition.
(3) Flammable and combustible liquids code, the National Fire Protection Association 101, 1976 edition.
(4) Life safety code, as adopted by the village.
(5) Gasoline and volatile oils, 1977, state of Illinois, division of fire prevention.
E. Representatives of the village fire department, building department, electrical department and health department shall be permitted on the premises to conduct inspections at any reasonable hour. (1986 Code)
(1) Any police officer shall be permitted at any time to view every car stored or kept in any automobile shop, and it shall be unlawful to hinder such inspection or to conceal any automobile from such inspection.
(2) Every automobile repair shop shall comply with all fire prevention regulations of this code, and it shall be the duty of the fire marshal to make, or cause to be made, inspections at least every six (6) months of all automobile repair shops and to enforce the regulations prescribed herein. (1986 Code)
A. Notwithstanding any provision of this code to the contrary, the police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.
B. Prior to abating a nuisance that creates an imminent hazard, the city manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided however, that the city manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, the nature or severity of the hazard justifies such inaction. If notice has been so given, but, in the sole discretion of the city manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel without further notice, and charge the costs and fees thereof to the responsible person(s).
C. Within ten (10) business days following emergency action of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County assessor's office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this article.
D. A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:
1. The name of all known responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.
2. A brief description of the condition(s) and reasons why it constituted an imminent hazard.
3. A brief description of the law prohibiting or pertaining to the imminent hazard.
4. A brief description of the actions city personnel took to abate the imminent hazard.
E. Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive said notice, or the failure of the city to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this article invalid.
F. Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a declaration of substandard property in accordance with the provisions of section 4-2C-30 of this article, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.
G. The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this article. (Ord. 11-950)
(1) The immediate exclusion of the employee from all commissaries and vending machine operations.
(2) The immediate closing of the commissaries and operations concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.
(3) Adequate medical examinations of the employee and his associates, with such laboratory examinations as may be indicated. (1986 Code)
A. Any gasoline service station determined by the community development director or his/her designate to be abandoned shall be deemed a public nuisance which adversely affects surrounding property values and the public safety and welfare. A gasoline service station shall be considered abandoned if it is not operated for at least three hundred (300) hours in any sixty (60) day time period. Whenever the community development director or his/her designate shall determine that any service station is abandoned, he shall immediately so notify, either in person or by certified mail, the owner or operator of the premises and issue an order of abatement that must be complied with within ninety (90) days. A nuisance caused by abandonment may be abated only as follows: (Ord. 520, 9-22-1987; amd. Ord. 99-960, 1-25-1999)
(1) Placing the station back in operation for a minimum of six (6) hours per day, six (6) days per week.
(2) Razing all structures in accordance with the National Fire Protection Association sections B-4-1 and B-4-2 and all ordinances of the village. After razing, the entire lot must be sodded as soon as weather permits.
(3) Making an appropriate application for a change in use of the premises to a permitted or special use. If the proposed use is approved, the owner shall then have a definite time period, as specified by the corporate authorities, to commence operation of the proposed use. If the new use is not commenced within such time period, the nuisance shall be immediately abated under subsection A(1) or A(2) of this section. If the proposed use is disapproved, the owner shall do one of the following within ninety (90) days:
(a) Apply for another proposed use.
(b) Abate the nuisance under subsection A(1) or A(2) of this section.
The village shall not be required to consider more than three (3) proposed uses.
B. Upon failure of the owner to abate the nuisance, the village may abate said nuisance pursuant to the nuisance abatement provisions of this code1. (Ord. 520, 9-22-1987)
A. The city shall keep an accounting of the abatement costs.
B. The city shall serve a statement of abatement costs on the responsible persons within ninety (90) calendar days of the city's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in section 4-2C-12-4 of this article.
C. Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the city within thirty (30) calendar days of the date of service of the statement of abatement costs.
D. A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the city clerk's office (located at 9701 Las Tunas Drive, Temple City) within ten (10) calendar days of service of the statement of abatement costs.
1. A written request for contest shall contain the following information:
a. Name, address, telephone number, and signature of each responsible person who is contesting the statement of abatement costs.
b. Address and description of the real property upon which the city abated a public nuisance.
c. Date of the statement of abatement costs being appealed.
d. Description of the specific abatement cost(s) being contested, and a statement of the grounds for contest in sufficient detail to enable the city council to understand the nature of the controversy.
2. No fee shall be due for the filing of a request for contest.
E. Failure of the city clerk to receive a timely appeal request for contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the city may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.
F. If a timely request for contest is received by the city clerk, a hearing shall be set before the city manager no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, of receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the request form at least ten (10) calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this article.
G. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five (5) business days before the date scheduled for the hearing. The city manager may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than sixty (60) calendar days without stipulation by all parties.
H. At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the city manager shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or the manner of abatement as described in the notice of abatement. Thereupon, the city manager may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.
I. Notwithstanding any provisions of the code to the contrary, the decision of the city manager is final and binding.
J. The city clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the address(es) stated on the request form. The city clerk shall cause a confirmed statement of abatement costs to be served on the owner of the property on which city personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:
The determination of the City Manager is final and binding. Judicial review of the decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.
K. Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this article.
L. A responsible person shall tender the abatement costs in U.S. currency to the city within thirty (30) calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law. (Ord. 11-950)
A. All persons seeking to own or operate a gasoline service station shall apply for a special use permit pursuant to article XVI of the village zoning ordinance. (Ord. 489, 12-16-1986; amd. Ord. 03-1156, 3-18-2003)
B. Along with the application, the petitioner must submit to the community development director or his/her designate thirty (30) copies of each of the following: (Ord. 489, 12-16-1986; amd. Ord. 99-960, 1-25-1999)
(1) A site plan, drawn to scale, showing the proposed layout of all structures and other improvements, including buildings, driveways, the location of entrance and exit ways, pedestrian walks, the location, size and brightness of all lights, landscaped areas, fences, walls, clearly marked off street parking areas, trash storage areas, oil rack, vending machines, ice machine, pump service islands, utility services and drainage.
(2) A separate landscaping plan drawn to scale, showing the location, varieties and sizes of trees, plant materials and other pertinent landscape features to be utilized on the site, pursuant to subsection 11-78A(3) of this division.
(3) Architectural drawings to scale, including complete floor plan layout, elevations and distances to property lines of the proposed structures and other improvements as they will appear upon completion of construction.
(4) Specifications and samples of the type, color and texture of all fencing materials and exterior surfaces of proposed structures, including roofing, glass and walls.
(5) A detailed sign plan, drawn to scale, showing the location, size, design, color and method of illumination of all proposed signs, in compliance with section 11-79 of this division. (Ord. 489, 12-16-1986)
C. Whenever the community development director or his/her designate receives an application for a special use permit for a gasoline service station, he shall examine the plans, specifications and other data submitted to him. At such time as the plans, specifications and other data are complete and the community development director or his/her designate determines that the proposed gasoline service station as built would comply with the rules and regulations of this division and other laws and ordinances of the village, a public hearing shall be scheduled before a joint session of the plan commission, zoning commission and architectural commission pursuant to the procedures set forth in the village zoning ordinance, appendix A, article XVI and chapter 4, sections 4-18 through 4-38 of this code. (Ord. 489, 12-16-1986; amd. Ord. 99-960, 1-25-1999)
(1) Posting. There shall be affixed on the inside of each taxicab in a conspicuous place and in such manner that the same may be conveniently and easily read by any person riding in such taxicab, a card upon which shall be printed in plain legible type, the prevailing rates of fare.
(2) Receipts. Any taxicab passenger paying a fare shall upon request be given a receipt showing the amount paid.
(3) Fare To Be Paid. It shall be unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of the trip. (1986 Code)
A. It is unlawful for the driver of any vehicle to stop, park, or leave standing such vehicle, for the purpose of loading or unloading passengers, unless the vehicle is legally parked in accordance with all applicable laws, rules and regulations, including related signs and curb markings.
B. Any person who violates this section is guilty of an infraction and is subject to the enforcement provisions pursuant to section 1-2-0-1 of this code. (Ord. 99-839)
(1) The community development director or his/her designate's refusal to schedule a public hearing before the plan commission, zoning commission and architectural commission because of noncompliance with subsection 11-82C of this division. (Ord. 489, 12-16-1986; amd. Ord. 99-960, 1-25-1999)
(2) A determination that an amortization period for compliance under any part of this ordinance has expired, and immediate conformity to this division is required.
(3) A determination that the premises constitutes a nuisance pursuant to section 11-78 of this division. (Ord. 489, 12-16-1986)
All appeals from a determination of the community development director or his/her designate shall be brought within sixty (60) days of the determination except for appeals from determinations of a nuisance which must be brought within seven (7) days. All determinations by the architectural commission on appeals shall be final. (Ord. 489, 12-16-1986; amd. Ord. 99-960, 1-25-1999)
A. Any person who fails to display a lawfully issued disabled person's placard or permit in their possession thereby causing the issuance of a citation for the unlawful parking of a vehicle in a designated disabled person parking space is in violation of the Temple City traffic code.
B. Any person who violates this section is guilty of an infraction. Upon presentation of proof that a valid placard or permit was in possession at the time of issuance of the citation and the privileges of the placard or permit were not abused, the fine will be reduced to an administrative fee as set forth by city council resolution. (Ord. 00-843)
A. Thoroughly dust room, using vacuum or moist cloth in order to prevent dissemination of dust.
B. Scrub woodwork and floors with hot water and soap or soda.
C. Expose interior of rooms, as far as possible, to air and sunshine for at least two (2) or three (3) days. (Prior code § 34616)
A. The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
C. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.
D. The notice of special assessment shall be entitled to recordation with the Los Angles County recorder's office.
E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 11-950)
A. As an alternative to the procedure contained in section 4-2C-19-1 of this article, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code Of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to section 6062 of the California Government Code.
C. The nuisance abatement lien shall be recorded in the Los Angeles County recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city of Temple City, the name of the city department or division on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection D of this section shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
F. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
G. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
H. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 11-950)
A. Findings: The city council finds that these regulations are necessary and in the public interest to assure the safety of large parking areas, to provide to the users necessary safety regulations in the public interest, and to provide the exclusive use of such parking areas for the use of the customers of the adjoining businesses.
B. Regulations: The following regulations shall apply to any public or private parking lot containing more than fifty (50) slots or stalls for the parking of private vehicles (whether such parking area is owned by 1 entity or exists as reciprocal facilities owned by more than 1 entity):
1. All areas of such facilities shall be surfaced with concrete or asphalt, and such surfacing shall be kept and maintained in good condition without potholes or other deterioration. With the consent of the city, specified areas may be improved with plantings.
2. The parking slots shall be clearly marked and maintained with at least an eight foot (8') wide slot, and be provided with stop bumpers.
3. All vehicles shall be parked within designated slots with front-in parking only.
4. All traffic lanes shall be clearly marked as one-way, and no vehicles shall enter or exit contrary to such markings.
5. The parking areas shall be sufficiently lighted for safety reasons for after dark usage.
6. There shall be a fifteen (15) miles per hour speed limit in all such facilities.
7. No recreation vehicles, trailers, motor homes or vehicles in excess of eight thousand (8,000) pounds shall be allowed to park in such facilities.
8. Vehicles parked for loading and unloading are exempt from these requirements provided the same do not exceed three (3) hours in duration.
9. There shall be a two (2) hour parking limit in any stall or slot.
10. Signs shall be posted on each property indicating these regulations.
C. Exemptions: There shall be exempted from these regulations any parking area that contains fifty (50) or more parking slots that abuts or serves a noncommercial, residential, park or school area. There shall also be exempted any area of commercial lots that the council permits to be set aside for employee parking.
D. Violation: Anyone violating any of the above regulations shall upon the first offense be guilty of an "infraction"; upon any subsequent violation shall be guilty of a misdemeanor. (Ord. 06-915)
A. Each operating gasoline service station in existence when this division becomes effective shall apply for, and if no amendments are requested, be granted a special use permit under this division with a waiver of fee.
B. No gasoline service station building or premises in existence on the date of the adoption of this division shall be expanded or added to without first applying for and receiving an amendment to the special use permit. Variations may be granted as set forth in the village zoning ordinance.
C. If a gasoline service station is damaged by fire, flood, and or other calamity or act of God and was not in full compliance with this division as it would apply to new gasoline service stations, the following regulations shall apply:
(1) If the extent of the damage is less than fifty percent (50%) of the assessed value and less than fifty percent (50%) of the bulk of the building, it may be restored and its previous occupancy or use resumed, provided such restoration is started within six (6) months of the occurrence and completed within one year and further provided that all restoration is done in compliance with this division and all other codes and ordinances of the village.
(2) If the extent of the damage is more than fifty percent (50%) of the appraised value or more than fifty percent (50%) of the bulk of the building, no restoration shall be done unless the entire premises including all structures conforms to this division. The location and area standards of section 11-76 of this division shall not apply to damaged gasoline service stations subject to restoration under this subsection C. (Ord. 489, 12-16-1986)
A. Burn objects grossly contaminated.
B. Prolonged airing and sunning of pillows, mattresses and furniture (2 or 3 days).
C. Soak bed linen, etc., in disinfectant solution; two (2) hours in a creosote solution (Lysol) made as per directions on bottle; after soaking, boil linen thirty (30) minutes. If sent to laundry, mark laundry bag "Infected".
D. Thoroughly dust room with cloths wrung out of disinfectant solution.
E. Scrub woodwork, dresser drawers, bathroom and cabinet with hot water and soap to which has been added a creosote preparation as per direction on bottle. (Prior code § 34617)
A. Any person who remains in or enters any building or structure that has been ordered to be vacated pursuant to the provisions of this article is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code.
B. Any responsible person who fails to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code.
C. Any person who obstructs, impedes, or interferes with any representative of the city engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the provisions of this article is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code.
D. Any person who defaces, alters, or removes any notice or order posted as required in this article is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code.
E. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this article, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (Ord. 11-950)