Ordinance No. 842ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ENACTING ARTICLE VII,
"BUILDING AND CONSTRUCTION MATERIALS
STORAGE" TO CHAPTER 5, SECTIONS 5 -30 AND
5 -31 OF THE CODE OF THE CITY OF CYPRESS
AND AMENDING SECTION 13 -14 TO INCLUDE
BUILDING AND CONSTRUCTION MATERIALS
STORAGE WITHIN THE DEFINITION OF A
NUISANCE.
SECTION 1. Chapter 5, "Buildings," of the Code of the
City of Cypress is hereby amended by the addition of Article
VII, "Building and Construction Materials Storage,"
including the addition of Sections 5 -30 and 5 -31 to read as
follows:
"ARTICLE VII, BUILDING AND
CONSTRUCTION MATERIALS STORAGE
Section 5 -30. Building and Construction
Materials Storage Prohibited.
(a) Prior to obtaining a building
permit, building materials and
supplies related to the construction
project for which a permit is sought
may be stored in anticipation of
obtaining a building permit. Such
materials and supplies may be stored
for a reasonable period of time, not
to exceed thirty (30) days,
necessary to secure a building
permit from the City. Any materials
and supplies so stored shall be
stored in a neat, sanitary, and safe
fashion and stored so as to not be
unsightly to neighbors or the public
in general. Should said building
permit be denied or revoked, for any
reason, all building materials and
supplies shall be removed within
five (5) days of the denial or
revocation.
(b) When building materials and supplies
have been stored on any property
pursuant to subdivision (a), the
construction for which said
materials were stored shall commence
within ninety (90) days of the
issuance of the building permit. If
upon the expiration of said ninety
(90) day period, construction has
not been commenced, all building
materials and supplies so stored
shall be immediately removed from
the property.
(c) At the time of the expiration of a
building permit or of a final
inspection pursuant to a building
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permit, all excess, scrap, or unused
building materials or supplies shall
be removed from the property.
(d) Any violation of the terms set out
in subsections (a), (b), and (c)
shall constitute a public nuisance
and shall be subject to abatement
pursuant to Section 13 -13 et seq. of
this Code.
Section 5 -31. Certificate of Occupancy.
Prior to the issuance of a
certificate of occupancy, all
existing violations of this Chapter
or any ordinance, regulation, or
code shall be corrected or abated as
appropriate or a written agreement
between the City and the applicant
shall be executed setting forth the
compliance timeline and the damages
for failure by the applicant to meet
the deadlines set forth in said
agreement and timeline.'
SECTION 2. Section 13 -14, "Definition of
Nuisance," of the Code of the City of Cypress is hereby
amended by the addition of a new subsection (i) and the
renumbering of existing subsection (i) to subsection (j) to
read as follows:
"(i) Any storage of building or
construction related materials or
supplies in violation of Article
VII, Section 5 -30 and 5 -31 of
Chapter 5 of this Code.
(j) Any violation of the City Building,
Planning, or Zoning Code."
SECTION 3. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION 4. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
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402
FIRST READ at a regular meeting of the City Council
of said City held on the 22nd day of January
1990, and finally adopted and order posted at a regular
meeting held on the 12th day of February
ATTEST:
CITY RK THE /CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
•
R OF THE CITY OF PRESS
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 12th day
of February , 1990, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK 0 THE -CITY OF CYPRESS