The painting of addresses on public street curbs promotes the health, safety and welfare of the community by assisting emergency services in locating properties. Residents, contractors, for-profit enterprises, non-profit community groups and city staff each have an interest in performing this service to the community. It is the purpose and intent of the City Council, through the adoption of the ordinance codified in this article, to provide regulations and a clear policy for the painting of addresses on public street curbs within the City.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
"Local non-profit organization"
means a non-profit organization, association, or group that:
(1) 
Is organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitable purposes;
(2) 
Has been organized and established in the City for a minimum of one year continuously preceding the filing of the application for the permit;
(3) 
Has its principal and permanent meeting place in the City; and
(4) 
Has a bona-fide membership of at least 25 members.
"Person"
shall include any person, firm, domestic or foreign corporation, association, syndicate, joint stock corporation, joint venture, partnership of every kind, club, society, and individual transacting, carrying on, or engaged in any business or operation in the City, whether acting as principal, agent, clerk, factor, employee, servant, or personal representative, either for or on behalf of himself or herself or for any other person, firm, association, partnership, joint adventure, corporation, or otherwise.
"For-profit enterprise"
shall include any sole proprietorship, firm, operation, domestic or foreign corporation, association, syndicate, joint stock corporation, joint venture, partnership of every kind, club, society, and individual transacting, carrying on, or engaged in any business or operation in the City, whether acting as principal, agent, clerk, factor, employee, servant, or personal representative, either for or on behalf of him or herself or for any other person, firm, association, partnership, joint venture, corporation, or otherwise, whose purpose is to earn a profit.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
It is unlawful for any person, group of persons, or for-profit enterprises, or any individual acting as principal, agent, clerk, factor, employee, servant, or personal representative on behalf of a for-profit enterprise, to place, cause to be placed, permanently affix or paint upon any public curb, sidewalk, or driveway, any residential house number or address so as to indicate the address of that dwelling immediately adjacent thereto.
(b) 
This section shall not apply to painting performed by local non-profit organizations that meet the requirements set forth in Section 3-1.2304, public agencies, or public utilities.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
A local non-profit organization may paint upon a public curb, sidewalk, or driveway any residential house number so as to indicate the address of that dwelling immediately adjacent thereto if a permit to do so has first been obtained from the Director of Community Development and the consent of the owner or the occupant of the property immediately adjacent thereto has first been obtained.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
The Director of Community Development shall determine and define geographical districts within the City, each of which will be assigned to a single local non-profit organization for the purpose of painting addresses on public street curbs.
(b) 
The number of geographical districts shall be based upon the number of applications received by the Director of Community Development.
(c) 
There shall be a maximum of five geographical districts each year. If the number of applications received is fewer than five, the Director of Community Development shall create the corresponding number of geographical districts.
(d) 
Each permittee shall be authorized to conduct curb painting only in the assigned district.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
A local non-profit organization wishing to place, cause to be placed, permanently affix or paint upon any public curb, sidewalk, or driveway any residential house number shall file with the Director of Community Development a sworn Application in duplicate on a form to be furnished by the Director of Community Development.
(b) 
The Application shall contain or be accompanied by the following:
(1) 
The name, phone number and address of the local non-profit organization;
(2) 
The name and phone number of the agent or representative representing the local non-profit organization;
(3) 
The nature, purpose and description of the local non-profit organization;
(4) 
A statement as to whether the local non-profit organization is an unincorporated corporation or association;
(5) 
Financial reports for the previous two years demonstrating that the local non-profit organization expends a substantial portion of its funds in a manner that will benefit the citizens of the City of Huntington Park;
(6) 
A budget showing intended expenditures of the anticipated proceeds from the painting of addresses on public street curbs within the City;
(7) 
The location or places of operation for the past two years;
(8) 
A statement as to whether any city or licensing authority has ever refused to issue or to renew or has revoked a license for the conduct of the business for which the permit and license are sought, together with an accurate statement of the reasons therefor;
(9) 
A receipt from the Director of Finance showing a payment in the amount of $25 for the Application Form to cover the costs of the investigation of the facts to be stated in such Application Form;
(10) 
The name and address of all local non-profit organizations for which the applicant intends to raise funds by painting addresses on residential street curbs with written consent from all such organizations that the applicant is authorized to act as an agent for such organization;
(11) 
Upon a request by the Director of Community Development or his or her designee, such local non-profit organization, within seven days after such request, shall file a membership list verifying that the organization has the required minimum number of members;
(12) 
A plan indicating dates, times and streets where work is scheduled to be performed; and
(13) 
Such other information as the Director of Community Development may deem reasonably necessary for the protection of the public safety, morals, and general welfare of the community.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
Based on the Application set forth in Section 3-1.2305 of this article, the Director of Community Development shall ascertain and consider the following in granting or denying the permit:
(a) 
Whether the applicant has made a full disclosure of all matters required to be set forth in the Application;
(b) 
Whether the applicant has falsified any information requested in the Application;
(c) 
The permit history of the local non-profit organization, including whether previous permits have been revoked or suspended and the reasons therefor;
(d) 
Whether the proposed expenditures of the anticipated proceeds from the painting of addresses on public street curbs will promote and benefit the citizens of the City;
(e) 
Whether the local non-profit organization historically expends a substantial portion of its funds in a manner that has benefited the citizens of the City of Huntington Park; and
(f) 
Whether the granting of the permit will or will not be detrimental to the safety, public morals, or general welfare of the City.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
Applicants for such permits shall be notified by the Director of Community Development or his or her designee of the granting or denying of their application within 30 days after the Application has been submitted for review.
(b) 
The findings of the Director of Community Development, or his or her designee, shall be endorsed on each of the Applications and indicated by the words "granted" or "denied." If the Application is denied, the Director of Community Development shall give notice of such decision to the applicant and the reasons for the denial.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
Only one application from any one organization shall be accepted during the calendar year. Organizations with multiple branches or subsidiaries shall be treated as one organization for purposes of this section. The Director of Community Development shall have the discretion to interpret and apply provisions of this section.
(b) 
The City shall not issue more than five permits in any one calendar year.
(c) 
In the event that the City receives applications from more than five qualified applicants in any one calendar year, the City shall conduct a lottery to select which five applicants receive permits. In any year, if any such applicants were losing participants in the lottery in the immediately preceding year, then those applicants shall receive permits, with the recipients of the remaining permits to be determined by a lottery involving all other applicants. In any year, if the number of the applicants who were losing participants in the immediately preceding year exceeds five, then the City shall conduct a lottery involving only such applicants.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
If the application is granted, the Director of Community Development shall issue to the applicant a permit or identification card which shall contain the name, address, photograph, and description of the applicant, the kind of operation permitted, the date of issuance and term of such permit, and other pertinent identifying description.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
A permit to place, cause to be placed, permanently affix or paint upon any public curb any residential house number shall expire one year from the date of issuance.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
Compensation shall be by donations only. Residents will not be obligated to pay.
(b) 
Notices shall be provided to residents at least one week prior to painting and shall state "payment by donation only." The Director of Community Development or his or her designee shall review notice content prior to distribution.
(c) 
Each local non-profit organization authorized to conduct curb painting shall only be permitted to conduct curb painting in the assigned district(s), as reasonably determined by the Director of Community Development.
(d) 
The local non-profit organization shall paint every residential address within the limits of the district, regardless of whether residents choose to make a donation for the service or not.
(e) 
The local non-profit organization will provide oversight of the volunteers painting the public street curbs, acting as intermediary between the residents by collecting donations and resolving any problems resulting from the work performed.
(f) 
Painting shall meet form and specifications as prescribed by the City Engineer upon consultation with Police and Fire Services.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
Every permit issued pursuant to the provisions of this article shall be subject to the right, which is expressly reserved and consented to by the applicant, to revoke such permit for any of the causes set forth in this section including, but not limited to, the following:
(a) 
Any fraud, misrepresentation, or false statement contained in the application;
(b) 
Any violation of the provisions of this article or any laws of the City or any other laws relating to painting residential house numbers on any public curb;
(c) 
The conviction of the permittee of any felony or of a misdemeanor involving moral turpitude;
(d) 
The refusal or failure to make available to the Police Chief, Director of Finance, Director of Community Development, upon demand, any records relating to the permitted operation, which records are deemed necessary for the enforcement of this article;
(e) 
The conducting of the permitted operation in an unlawful manner or in such manner as is inimical to the health, safety and welfare of the community;
(f) 
Upon ascertaining that the applicant is not of good moral character; or
(g) 
Any other good and sufficient reason for such revocation.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
(a) 
Appeal of Denial of Permit. Any applicant aggrieved by the action of the Director of Community Development in refusing to issue any permit shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Department of Finance, within 10 days after the issuance of the notice of denial, a verified written statement in triplicate, setting forth fully the grounds of appeal. Such statement shall be accompanied by a filing fee in the amount of $25, payable to the City. If no such appeal is filed, the action of the Director of Community Development shall be final.
(b) 
Appeal of Revocation of Permit. Any permittee aggrieved by the action of the Director of Community Development in summarily revoking any permit already issued shall have the right to request a review and consideration of such action by the City Council. Such request shall be taken by filing with the Department of Finance, within 10 days after the issuance of the notice of revocation, a verified written statement in triplicate, setting forth fully the reasons why the decision of the Director of Community Development should be reconsidered and reversed. Such statement shall be accompanied by a filing fee in the amount of $25, payable to the City. If no such request for a review is filed, the action of the Director of Community Development shall be final.
(c) 
Hearings: Notices. The City Council shall set a time and place for the hearing, and notice of such hearing on an appeal or review shall be given at least five days prior to the date of the hearing. The applicant or licensee and his or her attorney may present and submit evidence at such hearing. The hearing shall be de novo and the decision and order of the City Council at or after such hearing shall be final and conclusive.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
All notices issued or given in compliance with the provisions of this article shall be in writing and mailed, postage prepaid, to the person affected or entitled thereto to the address specified for such purpose in the application for a general permit. The deposit of such notice in the United States mail shall constitute legal service thereof on the date of such deposit.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
Any person violating any of the provisions of this article, in addition to the revocation of his or her permit or license, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 700-NS, eff. March 3, 2003)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council of the City of Huntington Park declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(§ 1, Ord. 700-NS, eff. March 3, 2003)