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Ordinance - 186ORDINANCE # 186 AN ORDINANCE PROVIDING FOR T ,,, TETVTORARY OCCUPANCY OF INCOTVTLETE BUILDINGS The City Council of the City of West Covina r do ordain as follows: ;> Section 1. No person, firm or corporation shall occupy any building or structure which shall be incomplete or defective in a structural manner as to walls, roof, floor, foundations, plumbing, and/ or electrical wiring. Section 2:: Whenever any person, firm or corporation desires to occupy any incomplete or defective build- ing, they shall first obtain from the Chief Building Inspector a Temporary Occupancy Permit. Every application to the Chief Building Inspector for a Temporary Occupancy Permit shall be in writing, upon a form furnished by the Chief Building Inspector and shall set forth such information as the Chief Building Inspector may reasonably require in order to carry out the purposes of this Ordinance. Section 3:: Except as otherwise provided in this Ordinance, the Chief Building Inspector shall not issue a Temporary Occupancy Permit for any building or structure which he finds: (a) Is so constructed or in such condition as to be dangerous. (b) Is infested with pests or is unsanitary. (c) If it be a .dwelling; or habitation, is unfit for such use.. (d) If the proposed use is prohibited by the Zoning Ordinance of the City of West Covina or any other land use ordinance. (e) If the building or structure does not con- form with the provisions of Ordinance 133 of the City of West Covina. (f) If _the building shall. be located upon land which was not subdivided or resubdivided in conformity with the Ordinances of the City of West Covina pertaining to the subdivision, division, and/or resubdivision of land. • -1-- Provided, however, that if in the judgment of the Chief Building Inspector such building or structure shall be practicable and effective of completion or repair, he may issue a Temporary Occupancy Permit upon the conditions as hereinafter provided.. :Section 4: If the unlawful, dangerous, defective,, or incomplete condition of the building or structure in the judgment of the Chief Building Inspector is such that remedy, correction, or completion cannot practically and effectively be made, then the Chief Building Inspector shall deny the Permit. Section 5: The Chief Building Inspector, in granting any Temporary Occupancy Permit, may itrpose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the require- ment of changes, alterat ions, . additions of repairs to be made to or upon the building or structure, com- pletion of the building or structure within areason- able -period but in no case in excess of sixty days, to the end that Vile use of such building or structure shall not be materially detrimental or injurious to the public safety or to public welfare or to the property and improvements, or either, in the area wherein such building structure shall be located. The said terms and conditions imposed by the Chief Building Inspector shall be written upon the Temporary Occupancy Permit.. Section 6 The Chief Building Inspector shall cause to be made an investigation to ascertain the facts which shall be necessary or helpful in determining the conditions and terms which he shall impose to -protect the public safety and/or public welfare. In the event that an appeal shall be made from such findings, terms and conditions, the matter shall be referred to the City Council and the City Clerk shall set the same for hearing not more than forty-five days nor less than thirty days from the date of such written appeal and shall give notice of the time and place of such hearing. The aeti©n of the City Council shall be final. Section % The Chief Building Inspector shall not issue a Temporary Occupancy Permit unless the. -applicant therefor shall first post with the Chief Building Inspector -a bond executed by the owner of the premises where the` building or structure is located, as principal, and by a surety company authorized to- d.o business in this state, as surety, or makes cash deposit as hereafter provided. 0 -2- as , Section 8:. The surety bond required by this Ordinance shall (a) Be in form joint and several.. (b) Name the City of %Test Covina as obligee.. (c) Be in an amount equal to the estimated cost plus 10�, of the work required to be done in order to comply with all the conditions of the Temporary Occupancy Permit, such estimate to be as estimated by the Chief Building Inspector. Section 9:. The deposit, if made in place of a surety bond, shall also be equal to the cost plus 109 of such work as set out above.: Section 10: Every bond posted and every deposit made pursuant to this chapter shall be conditioned as follows: (a) That each and all of the terms and conditions of the Temporary Occupancy Permit shall be complied with to the satisfaction of the Chief Building Inspector. (b) That all of the work required to be done pursuant to the conditions of the Temporary Occupancy Permit shall be fully performed and completed within the time limit specified in the Temporary Occupancy Permit. If no time limit is specified, the work shall be com- pleted within sixty (60) days after the date of issue of the Temporary Occupancy Permit. The time limit herein specified or the timelimitspecified in any permit may be extended for good and sufficient cause by a written order of the Chief Building Inspector.. Section 11: �,Vhenever the Chief .Building Inspector finds that a default has occurred in the performance of any term or condition of any Temporary Occupancy Permit he shall give written notice thereof to the principal. and to the surety on the bond. In a notice of default the Chief Building Inspector shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work at that time. Section 12. '.After receipt of a notice of default the surety, within the time therein specified shall either cause the required -work to be performed or shall pay over to the Chief Building Inspector the estimated cost of doing the work as set.forth in the notice plus an additional sum equal to 10j9 of the said estimated cost. Upon the receipt of such moneys the Chief Building Inspector shall proceed by such mode as he deems con- venient to cause the required work to be performed and completed, but he shall incur no liability other than for the expenditure of the said sum in hand therefor. 0 -3- • Section 13: If a cash bond has been posted, the Chief Building Inspector shall give notice of default, as provided above;, to the principal, and if compliance is not had within the time specified the Chief Building Inspector shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause' the required work to be done by contract or otherwise in his dis- cretion.. The balance, if any,: of such cash depositj. upon the -.completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus 10g.. Section 14:. When any default has occurred on the part of the principal under the preceding provisions of this chapter the surety, at its option,; in lieu of completing the work required, may demolish the building or structure and clear, clean and restore the site.. If -the surety defaults, the Chief Building Inspector shall have the same option. Section 15: The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satis- faction of the Chief: Building Inspector of the performance of all the terms and conditions of the Temporary Occupancy Permit.. Section 16:: When a cash bond has been posted, the Chief Building Inspector shall return the cash to the depositor or to his successors or assigns upon the termination of the. bond, except any portion thereof that may have been used or deducted as elsewhere in this ordinance provided. Section 17: The Chief Building Inspector.-, the surety _and the duly authorized representative of either shall have access to the premises described in the Temporary Occupancy Permit for the purpose of inspecting the progress of the tnlork_ Section 18: In the event of any default in the per- formance of any term or condition of the Temporary Occupancy Permit, the surety or any person employed or engaged on its behalf, or the Chief Building Inspector, or any person employed or engaged on his behalf,: may go upon the premises to complete. the required work or to remove or demolish the building or structure. The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress oregress egress to or from any such premises, or any authorized+ representative or agent of any surety or of - 4-- ' the City of 'AVest Covina engaged in the work of com- pleting, demolishing or removing any building or structure for which a Temporary Occupancy Permit has been issued, after a default has occurred in the performance of the terms or conditions thereof., is guilty of a misdemeanor. - 0 Section 1`9: The applicant for a Temporary Occupancy Permit shall, pay a fee of Ten Dollars ($10.00) to the City of idlest Covina, ands aid fee shall be payable to the Chief Building Inspector.. This fee is. in addition to any other feerequired by this ordinance of any other ordinance. Section 20. Each and every day that a building or structure shall be occupied in violation of this ordinance shall constitute a separate offense.. Any person, firm or corporation, whether as owner, agent,, servant, or occupant, who shall fail to comply with the provisions of this Ordinance, shall..be deemed guilty of a mi sdemeanor, -and Lpon conviction thereof shall be punished by a fine not exceeding Three Hundred dollars ($300.00) or by imprisonment in the County Jail of Los Angeles County for a term not exceeding ninety (90) days, or by both such fine and imprisonment. Section 21 : Ordinance No. 137 of the City of ,Jest Covina is hereby repealed.. Section 22:: This ordinance shall take effect from and after thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage it shall be posted with the names of the members voting for and against the same, in three places within the city, in the runner required by the laws and ordinances of the City of "Vest Covina. RE'RT C. VAN HORN MAYOR OF TOTE CITE' OF '[}BEST COVINTA ATTEST City Clerk of the City of !rVest Covina 0 - 5- 6 0 I, C.0 . TOLAND, City Clerk of the City of Afest Covina, do hereby certify that the foregoing Ordinance # 186 was adopted by the City Council of the City of West Covir� at the regular meeting of said Board on the V�' day of January, 1950,: and signed by the Mayor of said City, and that said Ordinance was adopted by the following votes: AYE S NOES:: A BSE NT C.C. TOLAND City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF IMEST COVINA ) G.C. TOLAND, being by me first duly sworn,. deposes and says: That he is the City Clerk of the City of 'West Covi a and over the age of 21 years; that on the 'y ay of January, 1950, he posted three copies of Ordinance No.. 186, of the City of. best Covina entitled: "AN ORDINANCE PROVIDING FOR THE TEIU701,741RY OCCi7PANCY OF INCOi�TPLrTE BUILDINGS" in three. public places in said City, to wit: One at the Police Office, 361 West Garvey Boulevard, one in front of the ?Vest Covina School House and one at the Northwest corner of Puente Street and Lark Ellen Boulevard.. Subscribed -and -sworn to before me this J Vday of January, 1950 Notary Pub is in for the County of Los Angeles, ate of California. CITY CLERK 0 ME