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Home My WebLink About1982-10-19; City Council; 7167-1; ADOPTION OF COUNTY HEALTH AND SANITATION AND ANIMAL CONTROL CODE BY REFERENCEi' X' 1 . -- 9 > 0 E a a. =Z .. 2 0 F 0 4 $ 8 z 3 CIT RI F CARLSBAD - AGENU) P &ILL AB# 7167-1 TITLE: ADOPTION OF COUNTY HEALTH AND MTG.,10/19/82 DEPT. CA/Fire REFERENCE SANITATION AND ANIMAL CONTROL CODE B Cll 7 RECOMMENDED ACTION: After the public hearing, adopt Ordinance No. 5063 but delet reference to Chapters 8 and 9 of Division I3 in Section 6.02, subsection (e) of Section 6.02.010. ITEM EXPLANATION This item was first brought to Council on !;eptember 21, 198: The City of Carlsbad adopts by reference various portions ol County Code of Regulatory Ordinances. Each year the county various sections of its code and the City inust then considei or not to adopt that amendment as part of its own regulatio After several years the amendments in the City code become numerous that it is difficult to ascertain exactly what the Therefore, it is necessary to periodically readopt the prov the County Code as a whole and start over 2gain. The ordin before you will readopt those portions of the County Code d with health and sanitation and with animal control. It is that we keep current on these provisions b2cause we have a with the County to enforce the health and safety regulation City of Carlsbad. The County collects fees as established County ordinance and our contract with them provides that i not amend our fees to correspond with the current county fe City shall reimburse the County for any money lost because has not yet updated its code. The ordinance as originally proposed included adoption of regulations of hazardous waste materials. Because of conce expressed by the business community and others the Board of Supervisors is currently considering amendments to the coun hazardous waste regulations. As a result of the county act concerns of the business community and his own research, th Chief is now recommending that City action on the hazardous regulations be postponed. When the controversy has been re the Fire Chief will make a new recommendation on the matter will bring it back to Council for consideration. EXHIBITS Ordinance No. 5063 County Health Department letters BOARD C TOM P FIRST e 0 PAUL SECOl ROGEF T DIEGO THIRD DEPARTMENT OF HEALTH SERVICES 1700 Pacific Highway, San Diego, @A 921101 JIM BP FOUR7 PAUL I FIFTH JAMES A. FORDE, Director Office of the Deputy Director Public Health Services (714) 236-2237 June 15, 1982 Frank Aleshire, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SUBJECT: HAZARDOUS MATERIALS ORDINANCES Dear Sir : On May 25, 1982 and June 15, 1982 the San Diego County Board of Super\ adopted two ordinances requiring disclosure of and providing for regulati hazardous and extremely hazardous wastes. The intent is to allow for gr protection of the health and property of the citizens of San Diego County, en ees of industries handl ing hazardous materials and emei*gency response persc Copies of the two ordinances are attached. In adopting these ordinances Board took further action urging all cities within San Diego County to adopt ordinances to insure countywide protection and continuity of services. In a dance with this direction and Basic Health Agreeinent setween the County o Diego and your City, we are requesting your City Council adopt the attached n ances . The first ordinance (No. 6293) requires all persons handling hazardous materi disclose such information to our department on a form to be provided bj department. The department would then make the information available on a re1 basis to emergency response personnel and, upon request, to health care facil and to physicians. The second ordinance (No. 6376) estgblishes a permit system, and with the generated, creates an enforcement and survei 11 ance prosram. The program, \r empowers the local health officer to enforce the provisions of Chapter 6.5, [ sion 20, of the California Health and Safety Code, will provide for inspectic f aci 1 i ties handl ing hazardous waste and for 1 imi ted medical assessments when cidents occur in which people have been exposed to hazardous waste. The int hazardous waste management plan, as it was presented to the Board of Supervis is provided along with the ordinance. Since both ordinances establish fees to cover costs, the department's service be provided at no additional cost to the cities adopting the ordinances. T establishments required to obtain a permit and pay tie fee under the se ordinance, will not have to pay the fee required by the first ordinance. > e 0 '0 .. Hazardous Materi a1 s Ordinance June 15, 1982 Page 2 The fee schedule for the hazardous waste survei 11 ance program (the secon nance) has already been set by the Board of Supervisors and accompanies tha nance. The fee schedule for the disclosure ordinance (the first ordinan pends on the number of cities adopting the ordinance and, therefore, will as soon as all cities take action. The fee for the first year will ran $35.87 to $47.85, as explained in the remarks section on the last page disclosure ordinance. Appendix A provides you with suggested wording which for your City's automatic adoption of the fees set by the Board of Supervis Once your City Council has authorized the Department 01' Health Services to all provisions of the County ordinances in your city, please forward two co the resolution, as soon as possible, to this office. If you have any questions on this matter, please call Gary Stephany, Chief sion of Environmental Health Protection, at 236-2243. Very truly yours, ( TdAL DONALD G. RAMRAS, M.D., Health Officer and Deputy Director for Pub1 ic Health Services DGR : JF/1 h Attachments (3) vl.zi - J++ 'x f&.& rk3 - .i/-.- bd/yl* bd / &&L>Q% &+ 4j)w-u: bA a4.4L' c.) . I. . e m NOTICE OF PUBIJC HEARING AIxlpTION OF COUNTY HEALTH AND SANITATION AND ANIMAL CONTROL CODE BE REFERENCE NOTICE IS HEREBY GIVEN that the City Council of tlie City of Carlsbad, a public hearing at the City Council chambers, 1200 Elm Avenue, Carlsbad, Calk at 6:OO P.M., on Tuesday, October 19, 1982, to consider the adoption by referer the County Health and Sanitation and Animal Control Code. Copies of the Code which will be adopted by reference are on file witl City Clerk and are open to public inspection. PUBLISH: October 6, 1982 October 13, 1982 CFII7LsBAD CITY COUNCIL I. 1 2 3 4.) 5 6 7 8 9 PI" lo 12 (3 4 ORDINANCE NO, 3 AN ORDINANCE OF THE CITY CCUMCIL OF THE CITY OF CARLSBAD I CALIFORNIA AMENDING TITLE 6 F CHAPTER 6-02 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN DIVISIOES OF TITLE 6 OF THE COUETY CODE SANITATION BY REFERENCE AND AMENDING TITLE 7 CHAPTER 7.07 Or" THE CARLSBAD rYIUEIiCIPAL CODE TO READOPT CERTAIN PROVISIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES DEALING WI:TH ANIimr, CONTIIO' c. BY REFERENCE The City Council of the City of Carlsbad, Califo * OF REGULATORY ORDINANCES DEALING WITH HEALTH AND yu__ uup does ordain as follows: SECTION I : That Title 6, Chaptc:r 6-02 of the Ca Municipal Code is amended to read as follows: 1 Chapter 6,02 COUNTY CODE I 1_11 1 P__I-.--- g a 13 .g g rL- 2025 zz;; Li ' ds i-?- z*gtzj 96 LLlr E<< Ua zo cn m sl' 2 J-'s 0)- 50 Q 6,02.010 Adopted by reference - Interpretation 6.02.010 Aiiopted by refdrence --- - Interpretati@n u__I Divisicn 1; Division 4; D~v~s~ii 5; Chapters 'i , 2, 9 and Division 6; Chapters 3 and 4 of Pivisioi.. 7; Chapters 3 ai -- L' :kg 1 1 4, 1382 relating to the subjects of health and sanitatio adopted by reference as part of this Code, except: ' ZIII 22 23' 24 25 26 27 28 agencyr official or empl-oyee or otherwise and if there i such corresponding city entity it means the county entit in that capacity on behalf of the city. b) Section 65.407, simbsections (s), ( (v), (w), (x) of Division 5 of Title 6 of the County Coc Regulatory Ordinances are not adopted. c) The definition of "apartment houc section 66.1001 of Division 6 of Title 6 of the County ( Regulatory Ordinances shall not include an ownership on occupied condominium. "Condominium" is defined as an e: of real. property consisting of an undivided interest in common in a portion of a parcel of real property togethi separate int.erest in space in a residential building on property * 1 1. j I I 1 with the City Clerk and are open to public inspction. J (,Pp7y' 1 I-=) A/( L L /i/ :I /' L q& /<L 4 ,< ,T L&L/(&L, i/ /" 2,z--J -L/<A/ p&fL/L- (-d-&/ -3, LL > 'J /' _/ L L1 <,Ad _/ s L5L i"/. / /$ f-JL / Xi?, ,.LA LJJ I ,- i, ./ -/ REPLY ON THIS SHEET FROM ~_- ____- STANDARS NTER DEPT. MEMO FORM 11- - - - __ - __ - __ ____ ____ __ I- - ____~_ ___ - iL 'I SERVICE LNE CL ." * a 2 3 4 5" 6 7 8 9 3.0 3.1 l2 D 0 e d) Section 67.301 of Division 7 of Title C: is not adopted, 6.02.020 Violation, The provisions of Chapter 'this Codem apply to any violation of this chapter. SECTION 2: That Title 7, Chapter 7.08 of the C; Municipal Code is amended to read as follows: Chapter 7.08 -.-----_- RABIES I ANIMAL - CONTROL AND ----- REGULATION Sections: 1__--- '7~08~010 Adopted by reference, '7.08.020 Violation, 7.08.0:O Adopted by reference. Title 6, Divis; I Chapter 6, of the San Diego County Code of Regulatory Orc as amended through Septertiber 1, 1982 relating to rabies, control and regulation is adopted by reference and incori --..-I-C---.^.-- i -c---U_ ou. LIS D0:g g>90 -? *%;il '' 15 Ii t du C,crN$ g .? y i-L2. ZZ"O 16 2.7 t- 18 >b- 0; "4 > o ' of the city, and ir' there is none, it shall mean that th< is acting in the same capacity on behalf' or' the city. 7.08,020 Violatiion, The provisions of Title 1 ----__--L_ ,--- - 1 I ~ ' 17hi.s Code shaJ.1 apply to any violation of this chapter. EFFECTIVE DATE: This ordinance, shall be effect: thirty days after its adoption, and the City Clerk shall I * "I . ' b x 2 3 4 5, 6 7 m m PASSED AND ADOPTED at a regular meeting of said OZbbES I 198 lwh day of - - Council held on the the following vote to wit: AYES z . NOES z IGorie couincil &ers Caslzr, Uwj s I and chi.& ABSENT : Coul~cil 1fl-s Kulchjn and Anex 8l 9 10 (-$ 3 L-624 f d, c4< @.._I-- IWRY H. CASLEK, i4E d ax 1 ATTEST: X? I 23 gc c7 4p x?&\ Af d JLM -.&--</--- _c - --...-&d?R~----..---... ZL5 - muy-' i ' <$ (SEAL) $= uz&z . 16 OK c3 1 20 29. 22 23 24 25 26 27 28 1 ' 3. I 0 m ” “+‘Carl i Decreed a Legal Newspaper by the Superior Court of San Diego County 3 138 ROOSEVELT ST. * P.0 BOX 248 e CARLSBAD, CA 92008 0 729-2345 Proof of STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled I am principal clerk of the printer of the Carlsbad Journal a inewspaper of general c published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, c newspaper is published for the dissemination of local news and intelligence of a general charc which newspaper at all times herein mentioned had and still has a bona fide subscription list subscribers, and which newspaper has been established and published at regular intervals i City of Carlsbad, County of Sun Diego, State of California, for a period exceeding next preceding the date of publicati notice hereinafter referred to; and that of which the annexed is a printed copy, published in ecxh regular and entire iss newspaper and not in any supplement ’ the following dates, to-wit: NOTICE OF PUBLIC HE ARiNG ADOPTION OF COUNTY HEALTH AND SANITATION AND ANIMAL CONTROL CODEBEREFERENCE NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M. on Tuesday, October 19, l!?82, to consider the adoption by I reference ofthe County Health and Sanitation and Animal Control Code. Copies of the Code which will be adopted by reference are on file with the City Clerk and are open to public inspection. ............................... CARLSBAD CITY COUNCIL CJ W216 October 6, 13,1982 .October. .6 ............... .... bad, will hold a public hearing at ................ Octaber. .1.3. .. ............................... ............................... I certify under pcnalty of perjury that the fore$ and correct. Executed at Carlsbad, County of State of all or aa on day of Ec~o€el? &2 17th ,; $< /c /v CS r ,cic tc G-?L 2M-4182 Clerk o