HomeMy WebLinkAboutCC ORD 1994-2080 Adds §§ 1.20.020(B), 1.20.030 and 1.20.040, general penalty (1.20ORDINANCE NO. 94-2080
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING CHAPTER 1.20 OF THE
NATIONAL CITY MUNICIPAL CODE,
PERTAINING TO GENERAL PENALTY
BE IT ORDAINED by the City Council of the City of National City as
follows:
Section 1. Section 1.20.020 of the National City Municipal Code is
amended by adding Subsection B thereto, to read as follows:
B. As part of a civil action filed to enforce provisions of
this Code, a court may assess, pursuant to Government Code Section
36901, a maximum civil penalty of two thousand five hundred dollars
($2,500) per violation of the Municipal Code for each day during which any
person commits, continues, allows or maintains a violation of any provision
of this code.
Section 2. Section 1.20.030 is added to Chapter 1.20 of the National City
Municipal Code, to read as follows:
1.20.030 Judicial Abatement --Special Assessment --Lien.
Pursuant to California Government Code Section 38773, the City has the
authority to judicially abate public nuisances by filing criminal or civil
actions. The City also has the authority to make the expense of abatement
of the nuisance a special assessment, or a lien against the property on which
it is maintained and a personal obligation against the property owner, in
accordance with California Government Code Section 38773.1 or 38773.5.
Section 3. Section 1.20.040 is added to Chapter 1.20 of the National City
Municipal Code, to read as follows:
1.20.040 Treble Damages for Subsequent Abatement
Judgments. Pursuant to California Government Code Section 38773.7,
upon the entry of a second or subsequent civil or criminal judgment within
a two-year period that finds an owner of property responsible for a
condition that may be abated in accordance with California Government
Code Section 38773.5, a court may order the owner to pay treble the costs
of the abatement. These costs shall not include conditions abated pursuant
to Section 17980 of the California Health and Safety Code.
Continued on Page Two
Ordinance No. 94-2080
Page 2 of 2
PASSED and ADOPTED this 20th day of September , 1994.
George H. Waters, Mayor
ATTEST:
lam, c S.(4
Lo ' Anne Peoples, Cit Clerk
APPROVED AS TO FORM:
/3 "3
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on September 20, 1994 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Dalla, Inzunza, Morrison, Waters
None
Zarate
AUTHENTICATED BY:
None
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on
and on
September 20,, 1994
September 13, 1994
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO 9 -2080 of the City of National City, passed
and adopted by the Council of said City on September 20, 1994
(Seal)
By:
City Clerk of the City of National City, California
Deputy