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.
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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)