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Home My WebLink AboutCC ORD 2004-2244 Amends § 1.12.030, stop orders; amends § 1.28.010, powers of arrest for inspectors (1.12, 1.28)ORDINANCE NO. 2004 — 2244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND SECTION 1.28.010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 1, Chapter 1.12, is amended by amending Section 1.12.030 to read as follows: 1.12.030 Stop orders. A. Scope. This section applies to any work, activity, construction, land development, land grading, use of land or conduct of a business for which a permit or license is required. B. Definitions. 1. A stop order is a verbal directive or written notice, or combination, directed to one or more responsible parties to cease and desist immediately from conducting business or performing or allowing work or activity to continue, including without limitation, construction, land development, or land grading, without having first obtained a required permit or license, or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license, or while a required permit or license is suspended or revoked. 2. The terms "public nuisance" and "responsible party" are as defined in Section 1.36.010. C. Issuance of Stop Order. A public officer who is charged with the enforcement of the municipal code or state law is hereby authorized to issue a verbal or written stop order. A stop order may be issued to any person who conducts business without a license, conducts business or performs or allows work or activity to occur in violation of law, the municipal code or the terms and conditions of an issued permit or license, or who otherwise creates a public nuisance. A verbal stop order shall be followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site, or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law. In addition to any responsible party, the stop order may be served upon any employee, agent or contractor on site who is performing the work or activity. All work or activity must immediately stop upon the service or posting of the stop order, and shall not proceed again until authorized. D. Posting of Stop Order. When practicable, one copy of the stop order should be posted conspicuously at the entrance to the business or worksite, and an additional copy posted on any structure that has been enjoined from construction. Additional copies should be posted every two hundred feet along the perimeter of a work site consisting of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any stop order issued pursuant to this section. E. Removal Prohibited. Once posted, no stop order shall be removed until a permit is issued or a determination is made by the building official, the city engineer, the finance director or the planning director, as applicable, that a permit or license is not required or the work is consistent with an issued permit. F. Cessation of Work and Remediation. While a stop 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 continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property owner, any contractor on site and any other responsible party may be required and shall be allowed by the stop order to secure the area against danger to the public by erecting barricades or fencing, to fill in any excavation and remove debris or obstructions to pedestrian and vehicle safety, or to remediate the site in order to remove a public nuisance. G. Contents of Stop Order. Written stop 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" in one -inch block letters. In smaller size type, the following information may 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 or business without authority. The stop order shall be signed by or on behalf of the administering official and shall cite this Section 1.12.030 as authority. A stop order may also be issued in letter format, containing the information above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party, and may be delivered to any on site contractor. 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 a stop order: (a) to continue to conduct business without a license or in violation of the terms and conditions under which the license was issued; (b) to perform, authorize or allow work or activity to continue or proceed towards completion without a required permit or in violation of the terms and conditions under which a permit was issued: or, (c) to fail or refuse to install fencing or barricading, to remove debris and obstructions to pedestrian or vehicle safety, or to fill in excavations, as may be required by a lawfully issued stop order to remediate or return the site to a safe or non-public nuisance condition. 2. It is unlawful and a misdemeanor for any person to remove any lawfully posted stop order issued pursuant to this Section 1.12.030 unless authorized by an enforcement official or 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 any public officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties. 2004 Ordinance 2 Stop Work Order 4. Each day that work, activity or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and imposition of administrative penalties to a maximum of one thousand dollars ($1000.00) per day pursuant to chapter 1.48. Criminal, civil or administrative action under this section 1.12.030 shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law. Section 2. That Title 1, Chapter 1.28, is amended by amending Section 1.28.010 to read as follows: 1.28.010 Powers of arrest —Code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, and fire inspector. Any code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, fire inspector, and any other officer designated to enforce the Municipal Code is authorized the powers of arrest and authority to issue citations for those specific ordinances and provisions of the Municipal Code which they have a duty to enforce, as provided for in Section 836.5 of the California Penal Code. PASSED and ADOPTED this 4TH ATTEST: H Mich el R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney 2004 Ordinance 3 day of MAY Nick 1"nzulrza;-Mayor , 2004. Stop Work Order Passed and adopted by the Council of the City of National City, California, on May 4, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK 1NZUNZA Mayor of the City of National City, Califomia City erk of the i hlati�ty, 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 20, 2004, and on May 4, 2004. 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. 2004-2244 of the City Council of the City of National City, passed and adopted by the Council of said City on May 4, 2004. City Clerk of the City of National City, California By: Deputy