Fortification of Land and Buildings Ordinance of 2017
|Short Title||Fortification of Land and Buildings Ordinance|
|Long Title||Los Santos Fortification of Land and Buildings Ordinance of 2017|
|Enacted By||Los Santos County Government|
|Introduced||May 1st, 2017|
|Passed||May 5th, 2017|
- 1 Chapter I - Foreword
- 2 Chapter II - General Provisions
- 3 Chapter III - Exemptions
- 4 Chapter IV - Power of Entry
- 5 Chapter V - Orders
- 6 Chapter VI - Penalties
- 7 Amendments
Chapter I - Foreword
§ 101 - Definitions
(a) For the purposes of this ordinance and all references to this ordinance, “City Building Inspector” means a Public Works Technician of the Los Santos County Government appointed by the County Commissioner or the Commissioner of Public Works to enforce this ordinance.
(b) For the purposes of this ordinance, "County" means the County of Los Santos.
(c) For the purpose of this ordinance, “Construct and Construction” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere.
(d) For the purposes of this ordinance, “Emergency Services” means police, fire and ambulance services.
(e) For the purposes of this ordinance, “Land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land.
(f) For the purposes of this ordinance, “Person” means a natural person, an individual, a firm, a corporation, an association or partnership and their heirs, executors, administrators or other legal representative of a person to whom the context can apply according to the ordinance, and includes an owner, lessee, and tenant of land within the geographic limits of the County of Los Santos.
(g) For the purposes of this ordinance, “Protective Elements” means objects, material components, excavation, or any contrivance designed to control, restrict, or render injury to lawful access to or from land or premises, and for purposes of this ordinance shall be deemed to include, but is not limited to:
- (1) protection plates made of metal or any material and installed inside or outside a building or;
- (2) laminated glass or any other type of glass or material that is bulletproof or difficult to break in the event of a fire, installed in windows or doors including protection shutters or;
- (3) armored or specially reinforced doors made for resisting the impact of firearms, battering rams or explosives or;
- (4) grills or bars made of metal or any other material installed on doors, windows and other openings that limits the quick entrance or exit from a building or structure in an emergency situation, except for those installed at the basement or cellar level or;
- (5) substantive bricking over or infilling of windows and doorways or;
- (6) the obstruction or installation of secondary walls in front of landings, doors or windows or;
- (7) concrete, metal or any other material installed as pillars or barriers prohibiting or hindering access onto any land through conventional means or modes of transportation or;
- (8) fences and gates constructed, installed, maintained or reinforced with metal or like materials in excess of 3 (three) millimeters in thickness.
Chapter II - General Provisions
§ 201 - Building and Fortifications Regulations
(a) No person shall fortify or barricade any land, building, or structure or other area or part thereof for the purpose of, or which would have the effect of, restricting or hindering access by emergency services onto that land, building, structure or other area.
(b) No person shall construct any land and/or premises so as to restrict, obstruct or hinder any person, including emergency services personnel, from accessing and/or exiting in a timely manner, any land, property, building or structure appurtenant to property.
(c) No person shall assemble, install or maintain, nor permit to be assembled, installed or maintained, any material element which is intended to reinforce or fortify land, or which does reinforce or fortify land.
(d) No person shall construct, assemble, install or maintain, nor permit to be constructed assembled, installed or maintained, any protective element on land.
Chapter III - Exemptions
§ 301 - Building and Fortifications Exemptions
(a) The following shall be exempt from the provisions of this ordinance after they have received the required permitting as per the Los Santos Permitting and Zoning Ordinance (LSPZO).
- (1) financial institutions zoned for such use or otherwise permitted by law or;
- (2) detention centers, prisons, county jails, or any other forms of buildings built to house prisoners zoned for such use or otherwise permitted by law or;
- (3) security service businesses zoned for such use or otherwise permitted or;
- (4) buildings given explicit written permission from the County Commissioner or;
- (5) all other commercial, business, industrial or institutional establishments as determined by the County Commissioner where the nature of the undertaking necessitates particular elements of fortification or protection and where such use is permitted by the County or provided such use is otherwise lawfully permitted.
(b) An exemption noted in Sec. 301, Sub Sec. (a) may be requested when registering a business.
Chapter IV - Power of Entry
§ 401 - Building and Fortifications Entry Limits
(a) An emergency services member or City Building Inspector may, at any reasonable time, enter and inspect any land to determine whether this ordinance, or an order under this ordinance, is being complied with if the owner is present. Any time entrance is made to property for the purposes of this ordinance and the owner is not present, a warrant must be filed to gain access to the property. Furthermore, an emergency services member or city building inspector shall:
- (1) make a reasonable attempt to request the presence of at least one law enforcement officer should it be necessary to perform a forced entry or entry without the owner present and;
- (2) they shall make a reasonable attempt to enter the building or premises in the county through non-damaging means before resorting to possibly damaging methods of entry and;
(3) before entry, emergency services member or city building inspector shall make a reasonable attempt to contact the owner of the building or structure to be entered by sending written notification at least 12 hours prior to entry. *
(( * Send a forum PM to the owner at least 12 hours ahead of forced entry and or send an in-game PM if they are online, especially if you cannot ascertain their forum name to PM, roleplayed as an e-mail or letter. ))
Chapter V - Orders
§ 501 - Building and Fortifications Orders
(a) If an emergency services member or City Building Inspector is satisfied that a contravention of this ordinance has occurred, the emergency services member or city building inspector may make an order requiring work to be done to correct the contravention and the order shall set out:
- (1) the municipal address or the legal description of the land.
- (2) reasonable particulars of the contravention and of the work to be done and the period within which there must be compliance with the order.
- (3) a notice stating that if the work is not done in compliance with the order within the period it specifies, the county may have the work done at the expense of the owner.
(b) The period described in Sec. 501 (a) shall not be less than one week if the fortification or protective elements were present on the land on the day this ordinance is passed.
(c) If the work required by an order under Sec. 501 (a) and (b) is not done within the specified period, the emergency services member or city building inspector, at any reasonable time, enter upon the land with the owner present or may make arrangements for municipal employees or a contractor retained by the municipality for that purpose, to enter upon the land to do the work, given law enforcement is present at the time if the property owner is not.
Chapter VI - Penalties
§ 601 - Building and Fortifications Penalties
(a) Every person who contravenes any provision of this ordinance is liable to a fine in the amount provided for by the emergency services member, city building inspector, public works commissioner or county commissioner, not exceeding $20,000 USD, for each week the ordinance is violated. If this violation occurs on a piece of property related to or being used by the business, the business registration may be revoked.