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HomeMy WebLinkAboutCC ORD 1998-2140ORDINANCE NO. 98-2140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1, CHAPTERS 1.12, 1.20, 1.36, 1.44 AND 1.48 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING GENERAL PROVISIONS, TITLE 2, CHAPTER 2.28, REGARDING ADMINISTRATION, TITLE 7, CHAPTER 7.02, REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 15, CHAPTER 15.04, REGARDING BUILDINGS AND CONSTRUCTION BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended to read as follows: Section 1. That Title 1, Chapter 1.12 is amended by amending the chapter caption and Section 1.12.010 and adding Sections 1.12.020 and 1.12.030 to read as follows: RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP ORDERS 1.12.010 Right of entry authorized. Whenever necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe there exists a code violation in any building or upon any premises within the jurisdiction of the city, any authorized city official or enforcement officer may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry but that in the event such entry is refused, inspection may be made upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction pursuant to Code of Civil Procedure Section 1822.50 in obtaining an inspection warrant authorizing entry. Ordinance No. 98-2140 Page Two 1.12.020 Entry of Public Officer for purpose of service or posting of notice of violation or other legal process. A. General. A city official or enforcement officer who charged by statute, ordinance or regulation with duties to enforce state law or this codeis is public officer for a purposes of Penal Code Section 148. Penal Code Section 148 makes it unlawful and a misdemeanor to willfully obstruct, resist or delay a public officer in the discharge of his or her official duties, which includes the service of process m required notice. or posting of a B. Any city official or enforcement officer may enter upon that portion of private property to which the public is generallyinvited for the official notice of code violation or notice to abate a purposes of service of an enforcement officer is authorized to serve the nuisance. The city official or the owner or occupant with the notice upon entry. If the posting of a notice upon real property or a structure is prescribed by law in conformity with procedures for the correction or abatement of a code violation or u nuisance, the city official or enforcement officer is authorized to en public prescribed notice upon the premises. ter and post the 1.12.030 Stop Orders. A. Scope. This section applies to anywork construction, development or land grading for which a ' obtained. permit is required and has not been B. Definition. A "Stop Order" is a written notice directed to one or more persons directing them to cease and desist immediately from continuing or performing construction or development for which a� g work, for which apermit permit is required but has not been obtained, or was issued, but the performance under which was contrary to the terms of the issued permit or law or regulation. C. Issuance of Stop Order. A public officer charged with the enforcement of the Municipal Code or State law may issue a Stop Order to any person who is performing or allowing work to occur in violation of law or the Municipal Code. TheOrder work be issued to any employee, agent or contractor on site who is Stop may All work must immediately stop upon service, or actually performing the `'Fork. posting of the Stop Order, or both, and shall not proceed again until authorized. D. Posting of Stop Order. One copy of the Stop Order shall be posted conspicuously at the entrance to the site, and an additional copybe which has been enjoined from construction. Additional copies posted on any structure hundred feet alongthe may be posted every two perimeter if the work site consists of unimproved real property. E. Removal prohibited. Once posted, Stop Orders shall not be removed until a issued is or a determination is made by the Building Official, the City Engineer or the Planning Director, as applicable, that a permit is not required or that the consistent with an issued permit. work is Ordinance No. 98-2140 Page Three F. Cessation of work. During the pendency of the Stop Order, no person shall authorize, perform or allow the performance of an act or omission which directlyperson indirectly allows the prohibited activity to proceed towards completion; except that or or equipment only may be removed from the site while the StopOrder is in material owner or contractor mayalso be effect. The required to secure the area against danger to the public by effective barriers or fencing. G. Contents of Stop Order. Stop Orders posted on site will be comprised of an 8 1/2 x 11 inch cardboard backing against a red background of which will appear the "Stop Order" in one -inch (1") block letters. In smaller sizetype, the followingwords shall also information appear: a description or address of the site, time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a $1,000 fine or imprisonment to exceed six (6) months, or both, to remove the sign or to continue work without t not . The Stop Order shall be signed by or on behalf of the BuildingOfficial,ngthoeity. Planning Director and shall cite this Section 1.12.030 as City Engineer or person may be of non -cardboard paper material,authority. Stop Orders issued to a p pe but shall contain the same information as the posted notice. H. Violations and penalties. 1. It is unlawful and a misdemeanor for any person upon whom a Stop Order is served, or who has actual notice of the Stop Order, to continue to perform or to autho ' or allow work to occur by which the enjoined activity will continue toproceedride completion. towards 2. It is unlawful and a misdemeanor for any lawfully posted pursuant to this Section 1.12.030 until aperson to remove a Stop Order of exemption or compliance is made about the enjoined permit is issued or a determination J ned activity. 3. Violators are subject to arrest and both criminal and civil liabilityfor violating this section and the underlying provisions of law governingthe enjoined tted activity. It shall be the dutyof a or regulated peace officer to accept the custody of a violator who is arrested pursuant to this section by a public officer who is not a peace officer. Section 2. That Title 1, Chapter 1.20 is amended by amendin Section 1.20.010 to read as follows: g 1.20.010 Designated --Applicability. A. Any person violatinganyof mandatory provisions or failing to comply with any of the mandatoryrequirements e ordinances of the cityis of the , guilty of an infraction, unless by ordinance the violation or failure to comply is made a misdemeanor. The city attorney, in his or her discretion, mayu ad an infraction to a misdemeanor, or reduce a designated misdemeanor to an infraction. e infraction is punishable by (1) a fine not exceeding one hundred dollars for a An first violation; Ordinance No. 98-2140 Page Four (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each of the same ordinance within one year. A misdemeanor isadditional violation exceeding one thousand dollars or by imprisonment not punishable by a fine not fine and imprisonment. P to exceed six months, or by both B. A person shall be ' guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the cityis committed, continued or permitted bythat person, and be punished accordingly. C. Payment of a fine shall not excuse payment of any fee required b this code or other city ordinance. Y Section 3. That Title 1, Chapter 1.36 is amended by amending Sections 1.36.020, 1.36.040, 1.36.080, 1.36.120, and adding Sections 1.36.180 and read as follows: 1.36.190 to 1.36.020 Abatement - When authorized. A. Except in cases of emergency s set forth in Section 1.36.180, whenever the city manager or his/her designee, r as department director determines that public or private propertyg ° a portion of public orprivate property or a condition upon any is a public nuisance as defined or declared in any section of this code, an abatement notice may be issued to the responsible person to abate the public nuisance. The public nuisance shall be abated bye°the res nsibl the time frames set, forth in the abatement notice, unless a timelya person within accordance with Section 1.36.050. appeal is filed in B. Procedures for the abatement of dangerous or unsafe non-residential buildin or substandard residential buildings shall conform to the procedures established in gs 15.10 of this code. Chapter 1.36.040 Abatement - Notice - Service. A. The notice required b Sec 1.36.020 may be served by any of the following methods: Y tion 1. Personal service; or 2. Certified mail, postage prepaid, return receipt requested. Simultaneously, same notice may be signed and sent byregularthe mail is returned unsigned then mail. If a notice that is sent by certified g service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or 3. Posting the notice conspicuously on or in front of the property. B. Service by certified and regular� person's address mail in the manner described above shall be to the responsible as indicated on the current assessment roll of the San Diego county assessor. Ordinance No. 98-2140 Page Five C. Failure of a responsible party to actually receive notice validity regularly made in conformity with this Section 1.36.040 shall not affect the vali' Y proceedings. dof the notice or the 1.36.080 Abatement by City personnel or city contractor - Report and account. A. If the responsible person fails or neglects to appeal the order of a abate o abate the public nuisance within the time frame specified by theplanningcommission or e advisory and appeals board when a final decision is made byeither of sion the manager or his/her designee or the department director shall those bodies, the city abated. The abatement work maybe done cause the public nuisance to be B. Pursuant to Government by city personnel or by private contractor. rnment Code Section 38773.5, attorneys' fees may be awarded to the prevailing party in any administrative or judicial proceedingto abate a nuisance. If the responsible party is the revailin public the amount of attorney fees incurred bythe Cityin g party, attorneys' fees shall not exceed contesting or defending the action. C. Pursuant to Government Code Section 38773.7, treble damages may be requested as part of any court order to abate a public nuisance which was th g previous criminal or civil judgement within the precedingtwo-year ri e subject of a I. Anypersonal propertyperiod. that is useable or that has some utility value which is removed from the premises as part of an abatement order shall be stored at the expense the responsible party. The responsible party may reclaim thepropertywithin ? of days, but may not return the property to the premises from ninety (90) which it was abated without authorization of the city manager, unless the property is stored within storage containers or structures. If the conforming property is not properly notice shall be directed to the owner .reclaimed after ninety (90) days, a or other responsible party that the property will be treated as abandoned property and be disposed of according to Civil Code section seq.2080, et 1.36.120 Abatement costs - Collection by nuisance abatement lien or assessment, or both. A. Any and all costs incurred by the citybyreason special abatement of any condition determined to constitute a ub • • of involuntary shall be charged against the responsible person. public nuisance under this chapter B. If the costs of abatement which are charged against the responsible person are not paid within thirty days of service of the resolution of the city council modifying or correcting the report and account, such costs shallcollected by the approving, be recordation of a nuisance abatement lien in the office of alternative, by placement of a special assessment on thethe county recorder, or in the special assessment to the county assessor, or both, property by delivery of a notice of personal obligation of the property owner.Said costs shall also constitute a Ordinance No. 98-2140 Page Six 1.36.180 Immediate Action Excusing Prior Notice for Purposes of Abating Dangerous Conditions or Imminent Threat to Life -Safety. notice and hearing may be dispensed with when, in the �' a provisions for prior notice opinion of the department director, immediate action is necessary to summarily abate a dangerous condition or an imminent threat to life -safety on public or private property. The directorminent shall take only such immediate action as is reasonably necessary to summarily abate the danger shall thereafter comply with Sections 1.36.020 through 1.36.030g or threat, and hearing to the responsible party(ies) regarding the actiong regarding notice and g g taken by the director to summarily abate the condition. The purpose of any hearing will be restricted to .responsible party(ies) the opportunity to contest responsibilityfor theaffording the costs of the scope of summary abatement. If further corrective action and abatement will comply with this Chapter 1.36, and such other is necessary, the director applicable regarding further corrective action and abatement innt sections of the code as may be due course. 1.36.190 Abatement Fund. The City Manager is authorized to establish administer a public nuisance abatement fund to be used forpublic nuisance and ment. Revenues from collections and fines for public nuisance violations, tio abatateme liens, nuisance abatement assessments and administrative �' nuisance abatement administrative remedies (Chapter 1.48), and anyrelated revenuescitations (Chapter 1.44), fund. Surplus in excess of anticipated needs hall shall be credited to that Permissible expenditures from the Abatementbe returned to the General Fund. Fund include departmental reimbursement for personnel and direct and overhead costs in administering city and contract ublic n abatement programs. P uisance Section 3. That Title 1, Chapter 1.44 is amended by amendin Sections 1.44.010, 1.44.020, 1.44.030, 1.44.040 and 1.44.090 to read as follows: g 1.44.010 Applicability. A. This chapter provides for administrative rotes which are in addition to all other legal remedies, criminal or civil, citations by the city to address any violation of this code and which may be pursued B. The administrative citations bring about compliance. process set forth in this chapter may be utilized for compliance efforts to correct non -continuing violations, or continuing violations code, such as those that pertain to minor building, plumbing, electrical, mechanical, of this grading or zoning violations, subject to the provisions of section 1. fire, C. Use of this chapter or determination of what44'•030D. be at the sole discretion of the city official charged i constitutes a minor violation shall w the particular code. g with responsibility for enforcement of Ordinance No. 98-2140 Page Seven 1.44.020 Enforcement officer defined. For o ee purposes of this chapter, "enforcement officer" means any public officer, city employee uraagen authority by statute, ordinance or regulation to enforce P Y agent of the city with the any provision of this code. 1.44.030 Administrative citation. A. When ever an enfor determines that a violation has occurred, the enforcement officer shall cement officer issue an administrative citation to any person responsible for have the authority to B. Each administrative citation shall containthe violation. the following information: 1. The date of the violation; 2. The identity of the responsible person (owner, tenant, etc.)available., ), if 3. The address or a definite description of the location where the violation occurred; 4. The section of this code violated and a description of the violation; 5. The amount of the fine for the code violation; 6. A description of the fine payment process, includin a description the time within which and the place to which the fine shall bepaid; g of 7. An order prohibiting the continuation or repeated code violation described in the administrative citation • occurrence of the 8. A description of the administrative citation reviewprocess, including the time within which the administrative citation may be contested and th cluhich a request for hearing form to contest the administrative citation may�e placenfrom which 9. A statement that the propertywill be r • be obtained; reinspection fees charged for each reinspection reinspected for compliance, and 10. The name and signature thereafter; and gnature of the citing enforcement officer. C. The administrative citation may, but need not, be si ned responsible for the violation. g by the person D. The following procedures will apply in issuingadministrative • minor code violations of a continuin nature, admirustrattve citations for g suchas building, plumbing, mechanical, grading, zoning, fire or electrical code: 1. First, a notice of violation shall be issued allowin a mi thirty (30) days for voluntary compliance and reinspection at n g rnmum aof r violation(s). o charge for particular 2. If, upon reinspection, voluntary compliance is not obtained, administrative citation may then be issued which addresses all remaining an collectively and establishes a date for compliance and reins violations reinspection. (15) days shall be allowed. Reinspection� A minimum of fifteen fees are chargeable at this point. 3. A second or subsequent administrative citation may be issued if upon subsequent reinspection, compliance has not been obtained for°'�Y' violation(s) cited under a preceding administrative citation. e particular Ordinance No. 9 8 - 214 0 Page Eight 4. If compliance is obtained after an administrative citation is issued the same or similar violation occurs again, an administrative citation and penalty applicable to a second violation may be issued instead, and assessment of the 1 A4 Method of servie. A. The administrative citation ' and all notices required to be given under this chapter shall be served on the person charged 1. Personal service; or g in the citation 2. Certified mail, postage prepaid, return receipt Simulta- neously, the same notice may be signed and sent byregularP requested. certified mail is returned unsigned, then se mom' If a notice that is sent by regular mail, provided the notice that was �� shall be deemed effective pursuant to sent by regular mail is not returned; or 3. Posting the notice conspicuously on or in front of the of the San Diego County property. B. Service by certified and regular mail in the manner d shall be effective on the date of mailing. Service bybe to t mail shallescriespbed above person's address as indicated on the current assessment rollhe responsible assessor. C. Failure of a responsible party to actually receive notice regularly in conformity with this Section 1.44.040 shall not affect the validityY made proceedings. of the notice or the 1 44 1' I Hearin .roced - . A. Before a hearingto contest administra- tive citation is held, the fine must be deposited in advance in c an with Section 1.44.060. accordance with Section B. A hearing before the hearing officer shall be set for a date that i fifteen days and not more than forty-five days from the date that snot less than filed in accordance with the provisions of this chapter. the request for hearing is C. At the hearing,p the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerningminithe administrative ' D. The failure of any recipient of an administrativ strative citation.administrative citation hearing shall constitute a forfeiturea citation to appear at the his/her administrative remedies, of the fine and the exhaustion of E. The administrative citation and any additional report submitted enforcement officer shall constitute prima facie evidence of the respectiveon by the facts con those documents.tained in F. The hearing officer may continue the hearingand r information from the enforcement officer or the recipient of the d eministrativ est additional to issuing a written decision. e citation prior Section 4. That Title 1, Chapter 1.48 is amended b amending ns 1.48.020, 1.48.030, 1.48.040, 1.48.050, 1.48.090, 1.48.100, 1.48.Y1308 Sectt and 1.48.160 to read as follows:, 1.4.150 and Ordinance No. 98-2140 Page Nine 1.48 Direct .r d Authori Defin- . . For purposes of this chapter, "director" means the head of any city department or his/her designee, responsibility for enforcement of any provision of this code, who is charged with to record notices of violation against real propertyon A Director has the authority exist. which violations are determined to 1.48.0 0 om 'liance order. A. Whenever the director violation of any provision of this code within the director's determines that a exists, the director may issue a written compliance order to an responsibility is occurring or violation. y person responsible for the B. A compliance order issued pursuant to this chapter shall contain the following 1. The date and location of the violation; 2. The identity of the responsible party, if known or avail 3. The section of this code violated and a description of theable; 4. The actions required to correct the violation; violation; 5. That a notice of violation may be recorded in the of the County of San Diego if compliance with the order is•ev real property records 6. The time period after which administrativenot achieved; accrue if compliance with the order has not been achieved; penalties will begin to 7. A statement that the failure to appeal or request a hearingwithin times prescribed constitutes a waiver of the right to a hearing notice of the compliance a final order; and renders the notic 8. Either a copy of this chapter or an explanation of the noncompliance with this chapter and a description of the hearin r consequences of process. g p ocedure and appeal C. The compliance order need not be signed b the rson for the violation. Y pe responsible 1.48.040 Method of service A. The compliance order and to be given under this chapter shall be served by anyof the following notices required 1. Personal service; or methods: 2. Certified mail, postage prepaid, return receipt u Simulta- neously, the same notice may be signed and sent byregular m P requested. certified mail is returned unsigned, then service � ail. If a notice.sent by regular mail, provided the notice that�was sent shall be deemed effective pursuant to 3 • Postingthe notice • by regular mail is not returned; conspicuously on or in front of the property. B. Service by certified and regular mail in the manner de shall be effective on the date of mailing directed ec� to the rescribed above indicated on the current assessment� irsponsible person's address as roll of the San Diego County assessor. Ordinance No. 98-2140 Page Ten C. Failure of a responsible party to actually receive notice in conformity with this section 1.48.040 shall not affect the validi made proceedings. ty of the notice or 4. H-arin- • R- view s� - Plannin . . mmi i e n •r . ' vi • anneals board. In any case where a compliance order is issued by the and a hearing is to be held on said compliance order, the h planning director, decision rendered by the planning commission; in any earing shall be held and a issued by the fire chief, the director of buildingand safety,case where a compliance order is of public works, and a hearing is to be held on said the city engineer or the director held and a decision rendered by the advisoryandcompliance order, the hearing shall be chapter, the term "review board" shall appeals board. For the purposes of this refer to either the planning commission or the advisory and appeals board, as appropriate. In any case where a hearing review board pursuant to this chapter, the director of the cityde anng is held before the compliance order shall serve as the secretaryof the reviewdepartment which issues the cannot meet within the prescribed time, board. If the review board then the City Council shall act as the Review Board, in which case the decision shall be final and constitute administrative remedy.the exhaustion of 1.48.090 Administrative order. (No Change to Subsections A-D) E. If the review board finds that a violation has occurred, that compliance the violation was not corrected within the time period specified in the com porder, and that the person responsible for the violation was named in the compliance shall contain a finding of those facts, and shall impose order, the administrative order pose any or all of the following: 1. An order to correct and to record notice of violation with the County Recorder, if appropriate, including a schedule for correction where 2. Administrative appropriate; penalties as provided in Section 1 48 100; 3. Administrative costs as provided in Section 1.48.110. F. (No change) 148.100 Administrativ nalties. (No Change to Subsections A - E) F. Administrative penalties assessed by the review board are specified in the administrative order. due by the date Ordinance No. 98-2140 Page Eleven (No Change Subsections G - I) J. The director will record a Notice of Correction with the Coun when the violation has been corrected, and will record a Release of Lien �' Recorder when satisfied. 1.48.130 Right of judicial review. The administrative order is appealed. Any person aggrieved by an administrative order of the review unlessbt judicial review of the administrative order by film an appeal�''1e�'�' board may obtain provisions set forth in California Government Code Section within the timelines and tson 53069.4. 1 4 1 Re f compliance after administrativer er. If determines that compliance has been achieved after a compliance the director by the review board, the director shall file a report indicating order has been sustained achieved, and shall record a notice of compliance the that compliance has been of violation was recorded, p real property records if the notice 1 4 1om.li . - ..s . - . A. If the director does not or re report pursuant to Section 1.48.150 above, a violator who belie fuses to file a been achieved may request a compliance hearing with the secretaryv-that compliance has B. The hewing shall be noticed and conducted in theto s the board. compliance order provided in Section 1.48.050 through 1.48. same manner as a hearing on a that no fees shall be required, g of this chapter, except C. The review board shall determine if compliance has been achieved so, when it was achieved. and, if Section 5. That Title 2, Chapter 2.28 is amended b amendin 2.28.040 to read as follows: y g Section 20 Meetings. A. The planning commission regular meeting in each month and shall adopt rules for theshall hold at least one keep a record of its resolutions, transactions, findings transaction of business and shall shall be a public record. and determinations, which record B. Drum. A quorum to conduct business consists of a m ' members holding office, and excludes vacancies. a�°ty of the C. Decisions. Except as provided in Section 2.28.040D a majority necessary to act upon a matter, and a tie -vote on an appeal authorized regarding vote is of the planning director shall affirm the action of the planningdirect a decision or. Ordinance No. 98-2140 Page Twelve D. He ring . The planning commission may sit as a bod hear an appeal it is authorized to conduct or it mayY to and determine more members to hear the appeal, appoint a hearing panel to consist of one or take evidence and render a decision in any individual case, in which event the decision so rendered on the appeal shall then of the commission. A decision rendered pursuant to this section constitute the decision the city council only when authorized bythe Municipal 2.28.040D is appealable to Code. Section 6. That Title 7, Chapter 7.02 is amended byamending' 7.02.050 to read as follows: Section 7.02 i 1 C +m.lian - with other law . A. Nothing in Title 7 excuses required compliance with any other law or regulation. B. In addition to a designated Code Compliance , necessary to the maintenance of public health and safety, the rovisio and whenever enforced by any peace officer or other city employee char � wi � of Title 7 may be administration and enforcement of the Municipal Code, g a responsibility for the Section 7. That Title 15, Chapter 15.04 is amended b amendin 15.04.030 to read as follows: Y g Section 1 1 .1 1 M - - tin --Rule -- _ hairman-Hearin . . A. Rules-- appeals board shall adopt rules for the conduct of its proceedings. The advisory and meetings at a time and place fixed by its resolutions. Them g The board shall hold one of their number to serve as vice-chairmanto presideembers of the board shall elect B. � in the absence of the chairman. orum. A quorum to conduct business consists of a ma'ori members holding office, and excludes vacancies. ty of the C. Decisions. Except as provided in Section 15.04.030D a necessary to act upon a matter, and atie--vote on an appealshall majority vote is chief or director of building and safety. an action of the fire D. Hearing. The board may appoint a hearing panel to consi members to hear an appeal, take evidence and render a decision in st voone or more which event the decision so rendered shall then constitute the decision individual case, in i appealable in the manner provided in Section 15.04.070, son of the board and be Signature Page to Follow Ordinance No. 98-2140 Page Thirteen PASSED and ADOPTED this 20th day of Januar v , 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: oto George H. iser, III City Attorney f:\ordinance\1-2-7-15 George H. ' aters, Mayor Passed and adopted by the Council of the City of National City, California, on January 20, 1998, 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 City Clerk of the C. of National City, California 8C By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on December 16, 1997 and on January 20, 1998. 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. 98-2140 of the City Council of the City of National City, passed and adopted by the Council of said City on January 20, 1998. City Clerk of the City of National City, California By: Deputy