HomeMy WebLinkAboutCC ORD 2002-2197 Amends § 1.12.010, right of entry authorized, § 1.12.030, stop work orders, § 1.36.010, definitions, § 1.36.160, public nuisance (1.12, 1.36)ORDINANCE NO. 2002 — 2197
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING TITLE 1,
CHAPTER 1.12 PERTAINING TO RIGHT OF ENTRY FOR INSPECTION
OR SERVICE OF NOTICES, AND STOP WORK ORDERS, AND
CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES
BE IT ORDAINED by the City Council of the City of National City that Title 1
of the National City Municipal Code is amended as follows:
Section 1. That Chapter 1.12 is amended by amending Sections 1.12.010 and
1.12.030 to read as follows:
1.12.010 Right of entry authorized. Whenever it is necessary to make an inspection
to enforce any provision of this code, or whenever there is reasonable cause to believe there
exists a public nuisance or 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, the owner and/or occupant, if they can be located after reasonable effort,
shall be given 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 thereafter be made
upon issuance of a search or inspection 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.
1.12.030 Stop work orders. A. Scope. This section applies to any work,
construction, development or land grading which creates a public nuisance or for which a permit
is required and has not been obtained.
B. Definitions.
1. A "stop work order" is a verbal or written notice, or combination, directed
to one or more persons to cease and desist immediately from continuing or performing work,
including without limitation, construction, development or land grading.
2. The terms "public nuisance" and "responsible party" are as defined in
Section 1.36.010.
C. Issuance of Stop Work Order. A public officer charged with the enforcement of
the municipal code or state law is authorized to issue a verbal or written, or both, stop work order
to any person who performs or allows work to occur in violation of law or the municipal code, or
who creates a public nuisance. The stop work order may be issued to any responsible party and
any employee, agent or contractor on site who is performing the work. All work shall
immediately stop upon the service or posting of the stop work order, and may not proceed again
until authorized.
Ordinance No. 2002 — 2197
Page 2
D. Posting of Stop Work Order. When practicable, one copy of the stop work order
shall be posted conspicuously at the entrance to the site, and an additional copy be posted on any
structure that 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. The
failure to post a stop work order on site or the unauthorized removal of a posted order shall not
impair the validity or effect of any other action or a stop work order issued pursuant to this
section.
E. Removal Prohibited. Once posted, no stop work order shall 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 work order is in effect, no
responsible person shall authorize, perform or allow an act or omission to occur 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 and any other responsible party may be required and shall be allowed to secure the
area against danger to the public by erecting barricades or fencing, and to fill in any excavation
and remove debris or obstructions to pedestrian and vehicle safety.
G. Contents of Stop Work Order. Stop Work Orders posted on site may utilize an
eight and one-half inch by eleven inch cardboard backing against a red background on which
will appear the words "Stop Order" or "Stop Work Order" in one -inch block letters. In smaller
size type, the following information may also appear: a description or address of the site, the
time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one
thousand dollar fine or imprisonment not to exceed six 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.
H. Violations and Penalties.
1. It is unlawful and a misdemeanor for any person upon whom a stop work
order is served, or who has actual notice of a stop work order, to continue to perform, 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 obstructions
to pedestrian or vehicle safety, or fill in excavations, that may be required in order to remediate
the site to a safe or non public nuisance condition.
2. It is unlawful and a misdemeanor for any person to remove a lawfully
posted stop work order issued pursuant to this Section 1.12.030 until authorized by an
enforcement official or a responsible public officer.
3. Violators are subject to arrest. 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.
Ordinance No. 2002 — 2197
Page 3
Section 2. That Chapter 1.36 is amended by amending Sections 1.36.010 and
1.36.160 to read as follows:
1.36.010 Definitions. The following definitions apply to this chapter:
A. "Abatement" means any action the city may take on public or private property
and any adjacent property as may be necessary to remove or alleviate a nuisance, including but
not limited to demolition, removal, repair, boarding and securing or replacement of property.
B. "Abatement notice" means a notice issued by the city manager or his/her
designee, or by a department director, which requires a responsible person to abate a public
nuisance.
C. "Legal interest" means any interest that is represented by a document such as a
deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or
other similar instrument which is recorded with the county recorder.
D. "Person" means any natural person, firm, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust, organization or the manager,
lessee, agent, servant, officer or employee of any of them or any other entity which is recognized
by law as the subject of rights or duties.
E. "Property owner" means the record owner of real property based on the county
assessor's records.
F. "Public nuisance" means any condition on or affecting real property: (1) that is
defined or declared to be a public nuisance in any section of this code; (2) that is caused,
maintained or permitted to exist in a manner that constitutes a threat to the public's health, safety
and welfare or which significantly obstructs, injures or interferes with the reasonable or free use
of property in a neighborhood, community or any considerable number of persons; (3) that
violates a statute or ordinance; or, (4) that is contrary to the terms of a judicial or regulatory
directive, order or permit issued by a court, a governmental body or a regulatory or public
agency. A public nuisance also has the same meaning as set forth in California Civil Code
Section 3479.
G. "Responsible person" means a person who is designated by the city manager or
his/her designee, or by a department director, to be responsible for causing or maintaining a
public nuisance upon or affecting real property. The term "responsible person" shall also include
but not be limited to a property owner, tenant, or any other person with a legal interest in the
affected real property and any person in possession of the affected real property.
1.36.160 Public Nuisance —Penalty.
Any person who permits, causes, maintains or allows a public nuisance as defined in
Section 1.36.010 to occur or exist upon any real property or upon any lot or premises owned,
leased, occupied, or controlled by said person or who violates any of the provisions of this
chapter, is guilty of a misdemeanor and upon conviction ispunishable as prescribed in Section
1.20.010.
Ordinance No. 2002 — 2197
Page 4
Section 3. The City Council finds that there is a presently uncontrolled excessive
emission of methane gas resulting from work being performed on an inoperative installed
methane gas recovery system and a disturbance of the cover of a former landfill site, a condition
which adversely affects the public health, safety and welfare. This ordinance is therefore
urgently required for the immediate preservation of the public health, safety and welfare, and to
enjoin the continuing presence of a public nuisance affecting air quality, by clarifying and more
completely defining those conditions which can constitute a public nuisance.
Section 4. Pursuant to Government Code Section 36937, this ordinance is enacted by
a vote of at least four -fifths (4/5) of the City Council as an urgency ordinance necessary for the
immediate preservation of public health, safety and welfare, and shall therefore take effect
immediately.
PASSED and ADOPTED this 7th and 21st day of May , 2002.
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
Pr
George H. Eiser, III
City Attorney
George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California, on May 7 and
May 21, 2002, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on May 7 and May 21,
2002, under the provisions of Section 65858 of the California Government Code.
I FURTHER CERTIFY 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.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2002-2197 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 7 and May 21, 2002.
ii
erk of the City c�
City National City, California
By:
Deputy