HomeMy WebLinkAboutCC ORD 1996-2119 Adds § 7.32.110 and amends § 7.32.110, property conservation and community appearance code (7.32)follows:
ORDINANCE NO, 9 6 -2119
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING ORDINANCE NO. 1812 AND
SECTION 7.32.100 OF THE NATIONAL CITY
MUNICIPAL CODE AND ADDING SECTION 7.32.110
TO THE MUNICIPAL CODE, PERTAINING TO APPEALS
OF ENFORCEMENT ACTIONS
BE IT ORDAINED by the City Council of the City of National City as
Section 1. That Ordinance No. 1812 and Section 7.32 of the National
City Municipal Code are hereby amended to read as follows:
7.32.100 Appeals
A. Prior to the issuance of a citation or the filing of a complaint in an
enforcement case, the alleged violator shall be advised in writing of the right to appeal
the enforcement action to the Planning Commission by service of a "Notice of Violation."
Should the alleged violator wish to appeal the Notice of Violation, he/she shall file a
written notice of appeal in the office of the PlanningDirector within three (3) working
days after service of the Notice of violation. The notice of appeal shall be accompanied
by a fee (the "appeal fee") in an amount to be established from time to time by resolution
of the city council. Not less than five (5) days nor more than twenty (20) days after an
appeal is filed with the planning director, the planning Commission shall hear said appeal.
B. At the time of the appeal, after all evidence is received and heard,
the Planning Commission shall determine the issue by either granting the appeal or
denying the appeal. The decision of the Planning Commission shall be final and
conclusive.
C. A timely appeal shall stop prosecution of a violation until the
Planning Commission has decided the appeal. Where an alleged violator does not file a
timely appeal after being served with a Notice of Violation, prosecution of that violation
may commence forthwith.
D. The provisions of Chapters 7.06, 7.10, 7.14, 7.18, 7.20, 7.22, 7.26,
and 7.30 are not subject to any appeal privilege.
Continued on Page Two
Ordinance No. 96-2119
Page 2 of 3
E. If the Planning Commission determines, after considering an appeal,
that the alleged offense constitutes a violation, the Planning Commission shall deny the
appeal, prosecution of that offense may thereafter proceed, and the appeal fee shall be
retained by the City. In denying an appeal, the Planning Commission may grant the
violator a reasonable period of time to correct the violation prior to the commencement
of prosecution.
F. If the Planning Commission determines, after considering an appeal,
that the alleged offense does not constitute a violation, no further enforcement action will
be taken, and the appeal feeshall be returned to the alleged violator within three (3)
working days after the Planning Commission's decision.
Section 2. That Section 7.32.110 is hereby added to the National City
Municipal Code, to read as follows:
7.32.110 Abatement -- Notice -- Service. The Notice of Violation required
by Section 7.32.100 may be served by any of the following methods:
A. Personal Service; or
B. Certified mail, postage prepaid, return receipt requested. Simulta-
neously, the same notice may be sent by regular mail. If a notice that is sent by certified
mail is returned unsigned, then service shall be deemed effective pursuant to regular mail,
provided the notice that was sent by regular mail is not returned; or
C. Posting the notice conspicuously on or in front of the property which
is subject of the notice.
Personal service shall be effective upon delivery. Service by posting shall
be effective on the date of posing the notice. Service by certified mail in the manner
described above shall be effective on the date of mailing. Service by mail shall be to the
alleged violator's address as indicated on the current Assessment Roll of the San Diego
County Assessor.
Continued on Page Three
Ordinance No. 9 6 -21.19
Page 3 of 3
ATTEST:
PASSED and ADOPTED this 3rd day of September
Lori nne Peoples, CityC1rk
P �
APPROVED AS TO FORM:
Ofser,
George H. III
City Attorney
George H. aters, Mayor
, 1996.
Passed and adopted by the Council of the City of National City, California, on September
3, 1996, by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
Qhe i
Ci • C -rk oft ty of National Ci California
By:
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 August 20, 1996 and on September 3, 1996.
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 member 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 correct copy of
ORDINANCE NO. 96-2119 of the City Council of the City of National City, passed and
adopted by the Council of said City on September 3, 1996.
City Clerk of the City of National City, California
By:
Deputy