HomeMy WebLinkAboutCC ORD 1998-2151 Amends §§ 1.12.030, 1.20.020 and 1.36.080, right of entry for inspection, general penalty and public nuisance abatement (1.12, 1.20, 1.36)ORDINANCE NO. 98-2151
AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
TITLE 1, CHAPTER 1.12 REGARDING RIGHT OF
ENTRY FOR INSPECTION, CHAPTER 1.20 REGARDING
GENERAL PENALTY, AND CHAPTER 1.36
REGARDING ABATEMENT OF A PUBLIC NUISANCE
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code be amended as follows:
Section 1. That Title 1, Chapter 1.12, Section 1.12.030 of the National City
Municipal Code is amended to read as follows:
1.12.030 Stop Orders. A. Scope. This section applies to any work,
construction, development or land grading for which a permit is required and has not been
obtained.
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 work,
construction or development for which a permit is required but has not been obtained, or
for which a permit 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
work or allowing work to occur in violation of law or the Municipal Code. The Stop
Order may be issued to any employee, agent or contractor on site who is actually
performing the work. All work must immediately stop upon service, or 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 copy be posted on any structure
which has been enjoined from construction. Additional copies may be posted every two
hundred feet along the perimeter if the work site consists of unimproved real property.
E. Removal prohibited. Once posted, Stop Orders shall not be removed until a
permit is issued 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 work is
consistent with an issued permit.
F. Cessation of work and remediation. While the stop order is in effect, no
person shall authorize, perform or allow an act or omission which directly or indirectly
allows the prohibited activity to proceed towards completion, except that material and
equipment may be removed from the site while the stop order is in effect. The owner and
contractor or other responsible person may additionally be required to secure the area
Ordinance No. 98-2151
Page 2 of 4
against danger to the public by erecting barricades or fencing, and to fill in any excavation
and remove debris or other obstructions to pedestrian and vehicle safety that has occurred
by virtue of the enjoined activity.
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 on which will appear the words
"Stop Order" in one -inch (1 ") block letters. In smaller size type, the following
information shall also 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 not to exceed six (6) months, or both, to remove the sign or to continue
work without authority. The Stop Order shall be signed by or on behalf of the Building
Official, City Engineer or Planning Director and shall cite this Section 1.12.030 as
authority. Stop Orders issued to a person may be of non -cardboard paper material, 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 authorize
or allow work to occur by which the enjoined activity will continue to proceed towards
completion, or to fail or refuse to install fencing or barricading, remove debris and other
obstructions to pedestrian or vehicle safety, or fill in excavations, as may be required in
order to remediate the site.
2. It is unlawful and a misdemeanor for any person to remove a Stop Order
lawfully posted pursuant to this Section 1.12.030 until a permit is issued or a determina-
tion of exemption or compliance is made about the enjoined activity.
3. Violators are subject to arrest and both criminal and civil liability for violating
this section and the underlying provisions of law governing the enjoined or regulated
activity. It shall be the duty of a 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, Section 1.20.020 is amended to read as
follows:
1.20.020 Violation a public nuisance. A. In addition to the other penalties
provided in this code, any condition caused or permitted to exist in violation of any of
the provisions of this Code shall be deemed a public nuisance and may be, by this City,
summarily abated and/or enforced by civil action, and each day such condition
continues shall be regarded as a new and separate offense.
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 per violation of the Municipal Code for each day
Ordinance No. 98-2151
Page 3 of 4
during which any person commits, continues, allows or maintains a violation of any
provision of this Code.
C. During the period of time that a public nuisance exists on real property
and a stop order, civil injunction or nuisance abatement proceeding is in effect, no
permits or licenses other than those necessary to correct the violation shall be issued or
processed on behalf of an applicant who is the owner or occupant of the affected site.
D. Maintenance of a public nuisance, if not otherwise punishable by .a
specific provision of law, is punishable under the provisions of Section 1.36.160.
Section 3. That Title 1, Chapter 1.36, Section 1.36.080 is amended to read as
follows:
1.36.080 Abatement by city personnel or city contractor --Report and
account. A. If the responsible person fails or neglects to abate the public nuisance
within the time frame specified by the City Council, or within the time frame specified
by the Planning Commission or the Advisory and Appeals Board when a final decision
is made by either of those bodies, the City Manager or his/her designee or the
department director shall cause the public nuisance to be abated. The abatement work
may be done by city personnel or by private contractor.
B. City personnel or a private contractor can enter upon private property in a
reasonable manner to abate the public nuisance as specified in the abatement notice or
abatement order.
C. If the responsible person abates the public nuisance before the City
performs the actual abatement pursuant to an abatement notice or abatement order, the
City may still assess all costs incurred by the City at that point against the responsible
person pursuant to the provisions set forth in this Chapter.
D. When abatement is completed, a report describing the work performed and
an itemized account of the total abatement costs shall be prepared by the City Manager
or his/her designee or by the department director. The report shall contain the names
and addresses of the responsible person for each parcel, and the tax assessor's parcel
number.
E. The City Manager or his/her designee or the department director shall
request the City Clerk to schedule a confirmation of costs hearing pursuant to this
Chapter, unless waived in writing by all responsible persons.
F. All administrative and actual costs incurred by the City in abating the
public nuisance may be assessed and recovered against the responsible person pursuant
to this Chapter.
G. Pursuant to Government Code Section 38773.5, attorneys' fees may be
awarded to the prevailing party in any administrative or judicial proceeding to abate g a
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public nuisance. If the responsible party is the prevailing party, attorneys' fees shall not
exceed the amount of attorney fees incurred by the City in contesting or defending the
action.
H. 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 the subject of a
previous criminal or civil judgement within the preceding two-year period.
I. Any personal property that is useable or that has some utility value and which is
removed from the premises as part of an abatement order shall be stored at the expense of
the responsible party. The responsible party may reclaim the property within ninety (90)
days, but may not .return the property to the premises from which it was abated without
authorization of the City Manager, unless the property is stored within properly
conforming storage containers or structures. If the property is not reclaimed after ninety
(90) days, a notice .shall be directed to the owner or other responsible party that the
property will be treated as abandoned property and be disposed of according to Civil Code
section 2080, et seq.
PASSED and ADOPTED this 1 s t day of September , 1998.
Ait
George H. aters, Mayor
A'1T1'EST:
Mic ael R. D , City Clerk
APPROVED AS TO FORM:
/9.3 •00%4
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on September 1,
1998, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
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'
`�'encn��a s'°�aoe
• 3
GEORGE H. WATERS
Mayor of the City of National City, California
/I
Ci Clerk of the Cily of National City, California
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
August 4, 1998 and on September 1, 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. 98-2151 of the City Council of the City of National City, passed and adopted
by the Council of said City on September 1, 1998.
City Clerk of the City of National City, California
By:
Deputy