HomeMy WebLinkAbout1985-03-19; City Council; 8100; Ordinance regarding limitation of liabilityI.
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ORDINANCE REGARDING LIMITATION
OF LIABILITY
LB# BhO TITLE:
MTG. 3/19/85
IEPT. CA
LB# BhO DEPT. HD.
CITY ATTY-
CITY MOR. w
"C CIT- 4F CARLSBAD - AGENDA ,' GL
MTG. 3/19/85
IEPT. CA
ORDINANCE REGARDING LIMITATION TITLE: DEPT. HD.
CITY ATTY-
CITY MOR. w OF LIABILITY
I I
Introduce Ordinance No. /a77 .
ITEM EXPLANATION
In the recent case of City of Modesto v. Superior Court, Los
Angeles Daily Journal, DAR, February 5, 1985, the court mentions that liability disclaimers in ordinances may establish that a city council does not intend its city or its officers or employees to be liable for failing to implement or enforce
provisions of the municipal code. We have always believed that this is the position of this Council, however, the matter is not specifically addressed in the Code. The proposed ordinance will establish a City policy limiting liability for staff decisions and actions implementing or enforcing the Municipal Code. The ordinance will greatly asist our ofice in defending lawsuits against the City where the City's actions were based on discretionary judgments of City staff. If you find this ordiance to be satisfactory your action is to introduce the ordinance.
FISCAL IMPACT
May reduce liability exposure; could aid in obtaining lower municipal insurance rates.
EXHIBITS
Ordinance No. /a77
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1277 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER 1.01
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 1.01.110 TO CLEARLY STATE COUNCIL'S INTENT
REGARDING LIABILITY ON THE PART OF THE CITY OR ANY
OF ITS EMPLOYEES FOR THE ENFORCEMENT OR IMPLEMENTA-
TION OF THIS CODE.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.01 of the Carlsbad
Municipal Code is amended by the addition of Section 1.01.110 to
read as follows:
nl.O1.l10 Limitation on liability. Except when otherwise specifically indicated the obligations imposed upon City officers or employees for implementation and enforcement of this code are directory in nature. Nothing in this code shall be construed as limiting or eliminating any defense or immunity from liability for the City or its officers or employees established by the provisions of Title 1, Division 3.6 of the California Government Code or by any other provision of law. Except when otherwise specifically indicated, the manner and timing of enforcement and implementation of this code shall be within the discretion of the City Manager or other designated City officers or employees. Except when otherwise specifically indicated this code shall not be construed to hold the City or any officer or
employee of the City responsible for any damage to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this code. Nothing in this code shall
be construed to hold the City or any officer or employee of the City responsible for any damage resulting to persons or property by reason of any interpretation of this code by any City officer or employee.
SECTION 2: This ordinance is declarative of past and
existing Council policy and intent. Section 1.01.110 shall apply
to all provisions of the Carlsbad Municipal Code regardless of
when such provisions were adopted. ...
0.. ... ...
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and 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
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 19th day of March I
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2nd day of mil , 1985 by the
following vote, to wit:
AYES: COuncil l'knhrs Casler, -is, Kulchin, Chick and Pettine
NOES: None
ABSENT: mne
MARY H. ,$ASLER, Mayor ATTEST:
(Seal )