ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 16.20 OF THE HESPERIA MUNICIPAL CODE BY ADDING SECTION 16.20.161 RELATING TO COMPLETION AND MAINTENANCE OF PUBLIC IMPROVEMENTS PRIOR TO ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws of the State; and WHEREAS, the provisions of this title are intended to elaborate upon, and otherwise augment standards, specifications and regulations relating to the maintenance of public improvements prior to the issuance of building permits and certificates of occupancy; and WHEREAS, the City Council wishes to amend the Hesperia Municipal Code to clarify that the maintenance of public improvements prior to the issuance of building permits and certificates of occupancy includes all types of public improvements related to the development project, rather than just street improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference as if set forth in full.
Section 2. Amendment. A new Section 16.20.161 to Chapter 16.20 of the Hesperia Municipal Code (under Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards]) is hereby added as follows:
“16.20.161 Issuance of Building Permits and Certificates of Occupancy A. Building Permit. No Building permit shall be issued until: (i) all public improvements have been fully completed, dedicated, and accepted, or if allowed, security has been posted as required herein; (ii) the City has accepted the developer’s offer to dedicate the improvements by approval of the final map(s); and (iii) necessary minimum improvements have been completed to provide public services and all weather access to the lot for which the building permit is being requested.
B. Damages; Repairs. Notwithstanding any acceptance of or notices of completion of public improvements, all public improvements shall be maintained in good working condition prior to the issuance of any building permit or certificate of occupancy. Any damage to improvements associated with the development must be repaired or replaced by the developer to the satisfaction of the City. Repairs and replacements include, but are not limited to, sidewalks and walkways, curbs, gutters, utilities, water service lines, and sewer laterals.” Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every 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 by law.
Section 4. Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.
APPROVED AND ADOPTED by the City Council of the City of Hesperia, California at a regular meeting held this 16th day of April, 2024.
Larry Bird, Mayor
ATTEST:
Erin Baum, Assistant City Clerk
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