HomeMy WebLinkAboutCC ORD 2001-2183 Adds §§ 9.40.040 through 9.40.060; repeals and replaces Ch. 9.48, hazardous materials (9.40, 9.48)ORDINANCE NO. 2001 — 2183
AN ORDINANCE OF THE CITY COUNCIL
-OF THE CITY OF NATIONAL CITY
AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48
OF THE MUNICIPAL CODE BY THE ADOPTION OF
TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCES
RELATING TO "CERTIFIED UNIFIF.T) PROGRAM
AGENCY, HAZARDOUS MATERIALS INVENTORY
AND RESPONSE PLAN" AND "MEDICAL WASTE"
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is hereby amended to read as follows:
Section 1. That Chapter 9.40 of the Municipal Code is hereby amended by amending
the title to read "DISCLOSURE OF HAZARDOUS MATERIALS AND REGULATION OF
HAZARDOUS WASTE ESTABLISHMENTS, AND ADOPTION OF THE CERTIFIED
UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND
RESPONSE PLAN" and adding Sections 9.40.040 and 9.40.050 to read. in their entirety as
follows:
9.40.040 Adoption of the San Diego County Ordinance relating to the Certified
Unified Program Agency, Hazardous Materials Inventory and Response Plan. Chapter 11 of
Division 8 of Title 6 of the San Diego County Code, commencing with Section 68.1101, known
as the "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan",
is hereby adopted as an ordinance of the City of National City, together with any amendments
and modifications of that division as have been, are or shall be duly adopted by the County of
San Diego, unless local modifications are enacted by the City of National City. Copies of the
Code hereby adopted by reference shall be kept on file in the Office of the City Clerk.
9.40.050 Enforcement. The provisions of this Chapter 9.40 shall be administered
and enforced by the Director of Environmental Health, or designee, of the County of San Diego.
9.40.060 Penalties. Section 68.1114 of the County Code of Regulatory Ordinance
is adopted and is set out in full, reading as follows:
In addition to penalties provided in state law, the following criminal, civil and
administrative civil penalties apply to violations of this Chapter.
(a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a
misdemeanor is punishable by a fine not exceeding one thousand dollars
($1, 000), imprisonment for a term not exceeding six (6) months, or by both
such fine and imprisonment.
(b) Civil Penalty. Any person who violates any provision of this Chapter is liable
for a civil penalty of not more than two thousand dollars ($2, 000) for each
day, or part thereof such violation occurs. Any person who knowingly
violates any provision of this Chapter, after reasonable notice of the violation
is liable for a civil penalty of not more than five thousand dollars ($5, 000) for
each day, or part thereof that such violation occurs. The County Counsel or
District Attorney is authorized to bring a civil action in any court of
competent jurisdiction to recover such civil penalties for the County.
(c) Continuing Violation. Each and every day a violation of this chapter
continues shall constitute a separate offense. The person committing or
permitting such offenses may be charged with a separate offense for each such
violation and punished accordingly.
Section 2. That Chapter 9.48 of the National City Municipal Code is hereby repealed
in its entirety and is replaced with the following heading and provisions, to read as follows:
CHAPTER 9.48
CERTIFIED UNIFIED PROGRAM
AGENCY, MEDICAL WASTES
Sections:
9.48.010 Adoption of the San Diego County Ordinance relating to the Certified
Unified Program Agency, Medical Wastes
9.48.020 Enforcement
9.48.030 Criminal penalties
9.48.040 Civil penalties
9.48.010 Adoption of the San Diego County Ordinance relating to the Certified
Unified Program Agency, Medical Wastes. Chapter 12 of Division 8 of Title 6 of the San Diego
County Code, commencing with Section 68.1201, known as the "Certified Unified Program
Agency, Medical Wastes", is hereby adopted as an ordinance of the City of National City,
together with any amendments and modifications of that division as have been, are or shall be
duly adopted by the County of San Diego, unless local modifications are enacted by the City of
National City. Copies of the Code hereby adopted by reference shall be kept on file in the Office
of the City Clerk.
9.48.020 Enforcement. The provisions of this Chapter 9.48 shall be administered
and enforced by the Director of Environmental Health, or designee, of the County of San Diego.
9.48.030 Criminal penalty. Section 68.1208 of the County Code of Regulatory
Ordinances is adopted and is set out in full, reading as follows:
2001 Ordinance
2
Hazardous Materials and Medical Wastes
Violation of any of the provisions of this chapter shall be a misdemeanor
punishable by imprisonment in the County jail not exceeding one year, or a fine
not exceeding ten thousand dollars ($10, 000), or both.
9.48.040 Civil penalties. Section 68.1209 of the County Code of Regulatory Ordinances is
adopted and is set out in full, reading as follows:
Any person who violates any of the provisions of this chapter shall be liable for a
civil penalty not to exceed fifteen thousand dollars ($15, 000) for each such
violation.
Section 3. The City Clerk shall send certified copies of this ordinance upon its
adoption to the Clerk of the Board of Supervisors and to the Director of Environmental Health of
the County of San Diego.
Section 4. The City Clerk shall keep and maintain copies of the San Diego County
Code of Regulatory Ordinances hereby adopted on file in the Office of the City Clerk.
PASSED and ADOPTED this 12TH day of JUNE , 2001.
ATTEST:
Mic14ae1 R. Dalla,/City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
oLl � o
George H. aters, Mayor
2001 Ordinance
3
Hazardous Materials and Medical Wastes
Passed and adopted by the Council of the City of National City, California, on June 12, 2001, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
ity o/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
April 24, 2001, and on June 12, 2001.
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. 2001-2183 of the City Council of the City of National City, passed and
adopted by the Council of said City on June 12, 2001.
City Clerk of the City of National City, California
By:
Deputy