King City Municipal Code Ch. 7.53 Security Bars on Commercial Facilities

This chapter establishes the regulation of security bars on commercial facilities in order to:

(a) Improve economic vitality in the city.

(b) Improve the visual qualities of the city by encouraging aesthetic, creative and innovative approaches within the community that are of high quality design and character and contribute to the overall appearance of the community.

(c) Enhance property values in the city by discouraging items which contribute to the visual clutter of the streetscape.

(d) Enhance safety in the community by minimizing items which can endanger owners, employees and patrons of commercial facilities within the city.

(e) Safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the utilization of security bars on commercial facilities.

(Ord. 802 § 3, 2021)

(a) All security and/or burglar bars shall be prohibited from use on any commercial facility and/or building. This chapter shall apply to security and/or burglar bars in all commercial and industrial zoning districts and specific plans when applicable.

(b) In the event of any conflict between this chapter and any law, rule, or regulation of the state of California, the requirement that establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this chapter.

(c) If any provision or provisions of this chapter becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

(d) Amortization. Security and/or burglar bars which lawfully existed and were maintained after January of 2021, shall be removed or made to conform based on the following schedule:

(1) The time periods shall commence from January 1, 2021;

(2) If more than one facility or building on a premises contains security and/or burglar bars, the cost of all such nonconforming security and/or burglar bars shall be aggregated for the purpose of determining the amortization period;

(3) The owner or user of a nonconforming security and/or burglar bars shall, upon written request of the city, furnish acceptable proof of the initial cost in the form of:

(A) An original bill of sale,

(B) A description schedule from state or federal income tax returns, or

(C) A written appraisal by a security or burglar bar manufacturer;

(4) The owner or user of a nonconforming security and/or burglar bars shall appeal, in writing, for a longer amortization period to the city within ten calendar days of the date of actual service of the city’s notice; if served by mail, shall be deemed served three calendar days after the postmarked date on the envelope. The written appeal shall be served upon the city clerk. Failure to timely file an appeal with the city clerk shall be jurisdictional and constitute a waiver of all appeal rights pursuant to this chapter. As such, an untimely filed appeal shall not be considered by the city manager or a hearing officer. The city manager or hearing officer shall provide the appellant with notice of the hearing regarding their appeal. At the conclusion of the appeal hearing the city manager or hearing officer shall provide appellant with notice of its decision relating to the appeal. The decision of the city manager or hearing officer on any such appeal shall be final on adoption of an order containing its determination.

(Ord. 802 § 3, 2021)

(a) Public Nuisance. Any security and/or burglar bars erected or maintained in violation of the requirements of this chapter constitutes a public nuisance subject to the enforcement, abatement and cost recovery provisions set forth within Chapter 7.51 of Title 7 of the King City Municipal Code.

(b) Criminal Enforcement. Any security and/or burglar bars erected or maintained in violation of the requirements of this chapter constitutes a misdemeanor as set forth within Chapter 1.04 of Title 1 of the King City Municipal Code.

(c) Each security and/or burglar bar created, erected, installed, or maintained in violation of this chapter shall be considered a separate violation subject to the enforcement, abatement and cost recovery provisions set forth within Chapter 7.51 of Title 7 of the King City Municipal Code.

(d) Each and every day of a continued violation shall be considered a separate violation subject to the enforcement, abatement and cost recovery provisions set forth within Chapter 7.51 of Title 7 of the King City Municipal Code.

(Ord. 802 § 3, 2021)

Any appeal denied in compliance with this chapter shall be subject to judicial review to the extent provided by Code of Civil Procedure Section 1094.8 et seq.

(Ord. 802 § 3, 2021)