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HomeMy WebLinkAbout1976-09-07; City Council; 3765; Zoning Enforcement-Code MaintenanceCITY OF CARLSBAD AGENDA BILL NO. ^?7^ ^ DATE: _ September 1, 1916 DEPARTMENT : _ City Attorney Subject: ZONING ENFORCEMENT - CODE MAINTENANCE Statement of the Matter In the course of advising the Planning Department in regards to a sign violation, I became aware of Section 21.60.040 of the Carlsbad Municipal Code which directs the City Manager to enforce the zoning code and makes the Planning Commission the final authority in determining appeals from the Manager's decisions in that regard. The designating of the Manager as the enforcing agent is an unnecessary redundancy. Chapter 2.12 of the Code, which establishes the powers and duties of the City Manager, covers this matter. In particular, Section 2. 12. 035 (a) makes it the Manager's duty to enforce all the ordinances of the City of Carlsbad. The section also constitutes an improper delegation of the City Council's authority. Under our existing code, the Planning Commission cannot have final authority in matters of code enforcement. The code gives discretion in enforcement to the City Manager. The decision of whether or not to proceed with the prosecution of a violation is a matter for the City Council and the City Attorney to determine . Further, any such delegation must be accompanied by standards for its exercise which are lacking in this section. 'The problem can be resolved by the elimination of Section 21.60.040. Exhibit Ordinance No . 77t>o • Recommendation If the City- Council concurs, your action is to introduce Ordinance No. City Council: 9-7-76 Ordinance No. 9468, amending Title 21, Chapter 21.60 of the Carlsbad Municipal Code, by repeal inq Section 21.60.040, was introduced for a first readinq. 9-21-76 Ordinance No. 9468, was given a second reading by title only and adopted. Io Q<CO CO 2=30 <Ciu. % ~Q O § z Z » LU ™°£§2m o 5 n "^55 £&8da^-2Z O co >t 5!* s 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17J. I 18 19 20 21 22 23 24 25 26 27 28 t^ ORDINANCE NO. 9468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING , TITLE 21, CHAPTER 21.60 OF THE CARLSBAD MUNICIPAL CODE, BY REPEALING SECTION ' 21.60.040. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.60, of the Carlsbad Municipal Code is amended by the deletion of Section 21.60.040. 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 the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 7th day of September , 1976, and thereafter PASSED, APPROVED AND ADOPTED at a meeting of said City Council held on the 21st day of September , 1976, by the follow- ing vote, to wit: AYES: Councilmen Frazee, Lewis, Skotnicki and Packard. NOES: None. ABSENT: Cquncilwoman Casler. ATTEST : ^TL^.* MARGARET E. ADAMS, City Clerk NORA K. GARDINER, Deputy City Clerk (SEAL)