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HomeMy WebLinkAbout1987-07-21; City Council; 1296; CMC amends - Maintain code with law per code reviewORDINANCE NO. 1296 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE TITLES OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO MAINTAIN THE CODE IN ACCORDANCE WITH LAW AS RECOMMENDED AS A RESULT OF CODE REVIEW The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 1, Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code is amended by the amendment of subsection (a) to read as follows: "1.08.010 Designated. (a) Whenever in Chapters 6.03, 7.08, 8.12, 8.16, 8.44, 8.50 and 11.28, or as specified in Sections 1.13.040, 5.10.130, 6.04.130 and 17.04.160 of this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeandor, shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment unless some other fine or penalty is stated in said chapter or section." SECTION 2: That Title 2, Chapter 2.06 of the Carlsbad Municipal Code is amended by the amendment of the second sentence of Section 2.06.080 to read as follows: "If the City Council fails to fill the vacancy within thirty days, it shall immediately call an election to fill the vacancy, to be held on the next established date to be held not less than ninety days thereafter." SECTION 3: That Title 3, Chapter 3.16 of the Carlsbad Municipal Code is amended by the addition of Sections 3.16.081 and 3.16.082 to read as follows: "3.16.081. Conveyances in Lieu of Foreclosure. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure . Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes." "3.16.082. Conveyances Between Spouses. (a) Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi- community, or quasi-martial property assets between spouses for the purpose of effecting a division of community, quasi- community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of mullity, or by any other judgment or order rendered pursuant to part 5 (commencing with Section 4000) of Division 4 of the Civil Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders." (b) In order to qualify for the exemption provided in subdivision (a), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption." SECTION 4: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the amendment of Section 3.28.080 to read as follows: "3.28.080 Public projects. Contracts for public projects shall be administered in the manner provided by Public Contract - Code $20161 through $20174." SECTION 5: That Title 3, Chapter 3.32 of the Carlsbad Municipal Code is amended by the amendment of Section 3.32.040 to read as follows: "3.32.040 Claims for damaae. (a) No claim for damages against the City shall ever be allowed or paid unless there has been first filed with the City Clerk a claim therefore within the time periods required by subsection (b). All such claims for damages shall be first verified by the claimant before an officer authorized to administer oaths .If ... Page 2 or Ordinance No. 1296 1 2 3 4 5 6 7 8 9 10 11 12 L= 0 18 19 20 21 22 23 24 25 26 27 28 (b) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be filed not later than the 100th day after the accrual of the cause of action. A claim relating to any other cause of action shall be filed not later than one year after the accrual of the cause of action." SECTION 6: That Title 5, Chapter 5.16, Section 5.16.020 of the Carlsbad Municipal Code is amended by the amendment of the first sentence of subsection (e), to read as follows: "(e)" "Recognized School" means any school or institution of learning which has for its purpose the teaching of a course consisting of 200 hours or more to be given in not less than three calendar months of the theory, ethics and practice, methods, profession or work of message technicians, and which school or institution of learning requires a resident message technician be furnished with a diploma or certificate of graduation from such school or institution of learning showing successful completion of such course of study already approved by the California State Department of Education.'' SECTION 7: That Title 5, Chapter 5.20, Section 5.20.140 of the Carlsbad Municipal Code is amended by the amendment of the fourth sentence of subsection (a) to read as follows: "NO permit shall be issued to any person under the age of eighteen years, or to any person who has, within a period of ten years immediately preceding such application, been convicted of a felony or to any person who, within a period of two years immediately preceding such application, has been convicted of wreckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or convicted of the violation of any of the provisions of the Alcoholic Beverage Control Act of the State or to any person who is for any reason whatsoever unable or incompetent to safely demonstrate his skill and ability to safely handle his vehicle in driving it through the crowded sections of the City accompanied by an inspector designated by the Chief of Police." SECTION 8: Municipal Code SECTION 9: Municipal Code SECTION 10: That Title 6, Chapter 6.12 of the Carlsbad is amended by the deletion of Section 6.12.120. Tha.t Title 8, Chapter 8.04 of the Carlsbad s amended by the deletion of Section 8.04.020. That Title 8, Chapter 8.09 of the Carlsbad Municipal Code is amended by the deletion of Section 8.09.010. Page 3 or Ordinance No. 1296 SECTION 11: That Title 8 of the Carlsbad Municipal Code is amended by the deletion of Chapters 8.12 and 8.18. SECTION 12: That Title 8 of the Carlsbad Municipal Code is amended by the deletion of Chapter 8.24. SECTION 13: That Title 8 of the Carlsbad Municipal Code is amended by the deletion of Chapter 8.40. SECTION 14: That Title 8, Chapter 8.49 of the Carlsbad Municipal Code is amended by the amendment of Section 8.49.030 to read as follows: "8.49.030 Consistency with Business and Professions Code. Each sign, banner or other advertising medium posted or displayed or maintained pursuant to the requirements of this chapter shall be consistent with the provisions of Division 5, Chapter 14, Article 12, Sections 13530 et.seq., of the California Business and Professions Code." SECTION 15: That Title 10, Chapter 10.12 of the Carlsbad Municipal Code is amended by the deletion of Sections 10.12.020 and 10.12.070. SECTION 16: That Title 10, Chapter 10.32 of the Carlsbad Municipal Code is amended by the deletion of Section 10.32.020 and by the amendment of Section 10.32.060 by replacing the words "Section 604.5" with the words "Section 332". SECTION 17: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the deletion of Section 10.40.070. SECTION 18: That Title 10, Chapter 10.56 of the Carlsbad Municipal Code is amended by the deletion of Sections 10.56.020, 10.56.050, and 10.56.090. SECTION 19: That Title 11, Chapter 11.04 of the Carlsbad Municipal Code is amended by the amendment of Section 11.04.020 to read as follows: Page 4 or Ordinance No. 1296 1 2 3 4 5 6 7 e 9 IO 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 "11.04.020 Sidewalk Width Requirements. Sidewalks shall be constructed for all new development in accordance with such City standards as the City Council by resolution prescribes." SECTION 20: That Title 11, Chapter 11.08 of the Carlsbad Municipal Code is amended by the amendment of the second sentence of Section 11.08.020 to read as follows: "The City Clerk shall notify all effected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the date thereof." SECTION 21: That Title 11, Chapter 11.08 of the Carlsbad Municipal Code is amended by the amendment of the first sentence of Section 11.08.030 to read as follows: "If after the public hearing the City Council determines that the City or a public utility has agreed to pay over 50 percent of all costs of conversion, excluding costs of users' connections to. underground electric or communication facilities and that the public health, safety and welfare requires such removal and underground installation, the City Council may by resolution declare the area an underground utility district and order the work . SECTION 22: That Title 11, Chapter 11.24, Section 11.24.130 of the Carlsbad Municipal Code is amended by the deletion of SECTION 23: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended by the deletion of Section 13.04.060. SECTION 24: That Title 14, Chapter 14.08 of the Carlsbad Municipal Code is amended by the deletion of Section 14.08.060. SECTION 25: That Title 20 Chapter 20.48 of the Carlsbad Municipal Code is amended by the deletion of Section 20.48.080. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least Page 5 of Ordinance No. 1296 1s 2c 21 22 22 24 25 26 27 28 once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 14th day of July , 1987, and thereafter: PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st day of July I 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY n ATTEST: Page 6 of Ordinance No. 1296