HomeMy WebLinkAbout2002-03-05; City Council; NS-625; CMC 1/6/10 amends - NPDES Stormwater Update...1
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ORDINANCE NO. NS-625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTER 10.40 OF TITLE 10 (VEHICLE AND TRAFFIC
ORDINANCE) AND CHAPTERS 6.08, 6.12 AND 6.16 OF TITLE 6
(HEALTH AND SANITATION ORDINANCE) AND TITLE 1
(GENERAL PROVISIONS) CHAPTER 1.08.020 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW
STORMWATER PROTECTION REQUIREMENTS OF THE SAN
DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN
DIEGO MUNICIPAL STORM WATER PERMIT (ORDER NO.
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: MCA 02- 01
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is
2001-01).
amended by the amendment of Section 10.40.015 to read as follows:
10.40.015 Prohibited purposes for parking on roadway.
(a) No person shall stand or park any commercial vehicle on any street for the purpose of loading or unloading any merchandise or goods except in authorized loading
zones as provided in Section 10.40.185.
(b) (1) No person shall stand or park any vehicle on any street or public right-of-
way when it appears because of a sign or placard on the vehicle that the primary purpose of
parking the vehicle at that location is to advertise to the public the private sale of that vehicle.
directing traffic or enforcing parking laws and regulations of the city may remove a vehicle
(2) Any peace officer or regularly employed and salaried employee engaged in
located within the territorial limits in which the officer or employee may act when the vehicle is
found upon a street or public lands if:
(A) Because of a sign or placard on the vehicle it appears that the primary purpose of
parking the vehicle at that location is to advertise to the public the private sale of that vehicle;
and
(B) Within the past thirty days the vehicle is known to have been previously issued a
notice of parking violation, under subsection (b)(l) of this section which was accompanied by a
notice containing all of the following:
(i) A warning that an additional parking violation may result in the impoundment of
the vehicle,
(ii) A warning that the vehicle may be impounded pursuant to Vehicle Code
vehicle for sale remain on the vehicle,
Section 22651.9, even if moved to another street, so long as the signs or placards offering the
(iii) A statement that all city streets and public lands are subject to the provisions
of Section 10.40.015(b)(l) and (2);
(C) The notice of parking violation was issued at least twenty-four hours prior to the
removal of the vehicle;
(D) Vehicle Code Section 22852, incorporated herein by reference, applies to the
removal of any vehicle pursuant to this section.
SECTION 2: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.08.010 (1 1) to read as follows: ,,
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11. "Director" means a city department director or authorized other designee.
SECTION 3: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the amendment of Sections 6.08.010 (18 - 26) to read as follows:
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
18. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage,
sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a
pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the Receiving Waters
in violation of Basin Plan and California Ocean plan standards such as fecal coliform, fecal
streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum
hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc,
cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also
includes any contaminant which degrades the quality of the receiving waters in violation of
pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical
Basin Plan and California Ocean Plan standards by altering any of the following parameters:
oxygen demand (COD), nutrients, temperature, and other narrative standards of the Basin
Plan.
19 "Segregate waste material" means any of the following: the placement of recyclables
in separate containers; the binding of recyclable material separately from the other waste
material; the physical separation of recyclables from other waste material.
20. "Storm Water" means surface runoff and drainage associated with storm events and
snow melt that flows across a surface to the Storm Water Conveyence System or Receiving
Waters. For the purposes of this chapter, storm water runoff and drainage from areas that are in
a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
runoff have not been significantly altered, either directly or indirectly, as a result of human
chapter.
facilities within the City of Carlsbad by which Storm Water may be conveyed to Receiving
21. "Storm Water Conveyence System" means private, natural and publicly owned
Waters of the United States, including any roads with drainage systems, streets, catch basins,
curbs, gutters, ditches, pipes, natural and man-made channels or storm drains.
22. "Solid waste" means putrescible and nonputrescible solid, semisolid and liquid
wastes, generated in or upon residential or commercial premises, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste
does not include hazardous or biohazardous waste, or biomedical waste, which are regulated
and shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; or
recyclable materials sold or donated by the owner for reuse, recycling or composting. other than
areas for collection by the city's authorized recycling agent.
by placing them for recycling in city-approved designated recycling containers at city-approved
23. "Solid waste services" means the collection, transport, and disposal of solid wastl
and designated recyclables, including yard waste, from residential, commercial, and industria
generators.
24. "Solid waste facility" means a solid waste transfer or processing station, a
composting facility, a transformation facility, or a disposal facility as approved by the city.
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25. "White goods" means kitchen or other large, enameled appliances.
26. "Yard wastes" means leaves, grass, weeds and wood materials from trees and
shrubs. (Ord. NS-427 g 2 (part), 1997)
SECTION 4: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the addition of Section 6.08.045 to read as follows:
6.08.045 Cleanliness of solid waste receptacle areas or enclosures.
No person shall allow pollutants or liquids to accumulate around solid waste enclosures
or around and/or under solid waste receptacles such that storm water will carry these pollutants
or liquids to the storm water conveyence system.
SECTION 5: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the addition of Section 6.08.210 to read as follows:
6.08.210 Enforcement.
The director shall be responsible for the enforcement of all provisions of this chapter. Failure to
comply with these regulations shall be an infraction. Nothing in these regulations shall prevent
the city's authorized agents or deputies from efforts to obtain compliance by way of warning,
notice of violation, educational means or other civil or administrative remedies available under
this code or other applicable law. (Ord. NS-427 g 2 (part), 1997)
SECTION 6: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.030 to read as follows:
6.12.030 Accumulation prohibited--Exceptions.
No person shall accumulate junk:
the owner of such lot to do so;
Section 6.12.040;
(1) On any lot that is not in his ownership or possession, unless he has permission from
(2) On any lot used for residential purposes, unless done in strict compliance with
(3) On any parcel of land adjacent to a lot used for residential purposes, except:
(A) As a part of and incident to a lawfully established and conducted commercial
(B) When done in strict compliance with Section 6.12.040.
or industrial enterprise; or
(4) On any lot or parcel that is not in strict compliance with Chapter 15.12 Storm Water
Management and Discharge Control.
SECTION 7: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.040 to read as follows:
6.12.040 Regulations for accumulation.
(a) No person shall accumulate junk or permit junk to be accumulated on a lot
used for residential purposes or on a lot adjacent to a lot used for residential purposes except in
agricultural zones:
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within two feet of a fence or wall which is constructed of nonflammable material and is not used (1) Within four feet of any building or structure, except that junk may be accumulated
for structural support of a building;
(2) Within fifteen feet of any rear lot line;
(3) Within ten feet of any side lot line;
(4) In the front yard or in the street side yard of a corner lot.
(b) No person shall accumulate junk, or permit junk to be accumulated on a lot
(1) The accumulation shall not be maintained so as to be conducive to the breeding,
(2) The accumulation shall not be strewn about or maintained in an unsightly condition;
(3) The accumulation shall be maintained so as not to constitute a fire hazard;
(4) Any accumulation of junk maintained on a lot for more than thirty days shall, from and
(5) The accumulation shall be maintained so as not to constitute a danger or potential
(6) The accumulation shall not be a source of pollutants to storm water or the storm
that is used for residential purposes, except in accordance with all of the following regulations:
shelter or harborage of insects, rodents, vermin or pests;
after the thirtieth day of such accumulation, be stored in opaque containers;
danger to the public health, safety or welfare. (Ord. 5039 § 3)
water conveyance system as defined in Chapter 15.12.
SECTION 8: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by
the amendment of Section 6.12.070 to read as follows:
6.12.070 Violation determination.
The director shall determine whether or not a person is accumulating junk in such a
manner as to constitute a violation of this chapter. In making such determination, the director
may consider the nature, size and extent of the accumulation; the length of time the
accumulation has been permitted to remain, whether, and to what extent the accumulation is
that would render the disposal of such junk in a lawful manner a hardship. (Ord. NS-176 § 5
detrimental to the public health, safety and welfare; and whether any unusual conditions exist
(part), 1991; Ord. 1261 § 9 (part), 1983; Ord. 5039 § 6)
SECTION 9: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.080 to read as follows:
6.12.080 Notice of violation--Service to owner--Form.
If the director determines that an accumulation of junk exists in violation of this chapter,
he shall give a written notice and order to the owner or to the occupant of the premises or, if
such person cannot be located on the premises, to any person over the age of eighteen years
who is apparently in possession of the premises or, if there is no such person, then by mailing
such written notice and order, postage prepaid, return receipt requested, to the
person shown to be the owner by the latest equalized assessment roll or any more recent
record in the office of the county assessor. Such written notice and order shall be substantially
in the following form: You are hereby informed that the Director of the City of Carlsbad has
determined that there is an unlawful accumulation of junk, contrary to Ordinance # NS-625
, on the following premises:
SECTION 10: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.100 to read as follows:
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6.12.100 Hearing and findings--Enforcement.
Within a period of three days (exclusive of Saturdays, Sundays and holidays) following the
service of written notice and order by the director pursuant to Section 6.12.080 the person
ordered to remove the accumulation of junk may file with the city clerk a written appeal from
such notice and order. Such appeal shall contain the appellant's name, mailing address and a
general statement of exceptions taken by the appellant to the notice and order. Upon receipt of
an appeal, the city clerk shall immediately notify the director and shall set such appeal for
hearing before the city council. Such clerk shall forthwith give written notice of the time, date
and place of hearing to the director and shall send a copy of such notice through the United
States mail to the appellant at the address specified in the appeal. At the time, date and place
junk which is the subject of his notice and order. The appellant may likewise produce relevant
indicated, the director shall produce evidence of the existence of the unlawful accumulation of
evidence. The city council shall consider all relevant evidence produced at such hearing, and if
it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of
junk, it may declare the same to be a public nuisance. The determination that such
accumulation of junk constitutes a public nuisance shall be supported by such findings as are
necessary and proper, which findings need not be reduced to writing unless the appellant so
requests at the hearing. Upon determining that a public nuisance exists, the city council may
order the abatement thereof upon such terms and conditions as it deems reasonable and just
the city council does not find that a public nuisance exists, it shall vacate the order of the under the circumstances, or it may modify or affirm the notice and order made by the director. If
director, in which event the city council need not make findings. In the event that the city council
determines that a public nuisance exists and orders the abatement thereof, the director shall
serve the order of abatement in the manner described in Section 6.12.080, shall enforce the
order, may supervise the abatement of the nuisance, if he deems it necessary to do so, and
may make such further orders in furtherance of such order of abatement as he deems
necessary under the circumstances. Fees for filing an appeal under this section shall be
established by resolution of the city council.
SECTION 11: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.16.010 to read as follows:
6.16.010 Defined.
The existence of real property within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
B. Which is maintained so as to permit the same to become so defective, unsightly,
dangerous or in a condition of deterioration or disrepair so that the same will, or may cause
harm to persons, or which will be materially detrimental to property or improvements located in
the immediate vicinity of such real property; is declared to constitute a public nuisance.
SECTION 12: That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is
amended by the amendment of Section 1.08.020 as follows:
1.08.020 Enforcement by City Manager.
(a) The City Manager or hislher designee is authorized, pursuant to Penal Code
Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonable
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cause to believe that the person to be arrested committed an infraction or misdemeanor, in said
employee’s presence, which is a violation of Titles 6, 13, 15, 18 or 21, Chapters 5.04, 5.24,
7.04, 7.12, 10.52, 11.08, 11.12, 11.16, or 11.36 or Sections 8.28.010, 8.28.030 or 10.40.075 of
this code, or any uncodified building or zoning ordinance of the city.
arrest described in subsection (a) of this section if the employee has completed an introductory
(b) The City Manager may deputize any city employee to exercise the power of
course of training prescribed by the Commission on Peace Officer Standards and Training
employee to carry a firearm. (Ord NS-395 § 1,1996; Ord. 197 § 1,1992)
pursuant to Penal Code Section 832. Nothing in this section authorizes any deputized
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 once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 19th day of FEBRUARY 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 5th day of MARCH 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: /1
(SEAL)
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