HomeMy WebLinkAbout1989-09-05; City Council; 10241; TREBLE COSTS FOR THE ABATEMENT OF CERTAIN NUISANCESQ lEba
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Cw OF CARLSBAD - AGENBF BILL
AB# /LL, a$/ TITLE: DEP
MTG.= CERTAIN NUISANCES CIT!
CIT! DEPT. CA
TREBLE COSTS FOR THE ABATEMENT OF
RECOMMENDED ACTION:
If Council concurs, your action is to introduce Ordinance
NO. /s/s-f6 .
ITEM EXPLANATION
The city is empowered to declare what constitutes a nui:
state law and it has recently been amended by the addition
Stats, Chapter 114 (Senate Bill No. 618) which permits a
order a property owner to pay treble the costs of a
that upon entry of a second or subsequent civil or
judgment within a two year period the court is authorized t
such costs. (Government Code Section 38773.7). This new not apply to abatement actions for substandard buildings u
State Building Standards Code. (Health and Safety Code
17980).
This legislation become effective January 1, 1990.
FISCAL IMPACT
There will be negligible fiscal impact by virtue of this or
The City will participate in any treble costs so imposed by in accordance with the usual formula for allocating fj
forfeitures.
EXHIBIT
Ordinance NO. ,ds- P6.
provided the City has, by ordinance, enacted a provision sp
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ORDINANCE NO. NS-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 6.16.110(4) PROVIDING FOR TREBLE COSTS FOR THE ABATEMENT OF CERTAIN
NUISANCES.
The City Council of the City of Carlsbad, Califori
ordain as follows:
SECTION I: That Title 6, Chapter 6.16 of the (
Municipal Code is amended by the addition of Section 6.1f
to read as follows:
"(4) In addition to any other costs of abatemei this chapter, upon the entry of a second or subsequent c criminal judgment within a two year period in which the c real property is responsible for a condition that may be under this chapter, except for conditions under the State Law (Health and Safety Code Section 17980) a court may 01 property owner to pay treble the costs of the abatement."
EFFECTIVE DATE: This ordinance shall be effectiv
days after its adoption, and the City Clerk shall certifi
adoption of this ordinance and cause it to be published i
once in the Carlsbad Journal within fifteen days af
i adoption.
I OPERATIVE DATE: This ordinance shall become 01 ;i
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on January 1, 1990.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 5th day of September
and thereafter
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ATTEST:
I
WOC gd22zdA&- ALETHA L. RAUTENKRANZ, City Chrk
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