HomeMy WebLinkAbout2000-09-26; City Council; 15915; Amend Chapter 6.0263 CITx OF CARLSBAD - AGENFh BILL
4B # n T,TLG PUBLIC HEARING:
UNICIPAL CODE UPDATE, AMEND HTG. ‘?k?k - bb CHAPTER 6.02 TO REFLECT REVISIONS TO
IEPT. t% SAN DIEGO COUNTY CODE OF REGULATORY
t-lR~ANC’li?S . O-Cl7 ATWPTTON
3ECOMMENDED ACTION:
RECOMMENDED ACTION:
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DEPT. HD.
CITY ATTY &
CITY ?ulG~
To hold a public hearing and adopt Ordinance No. NS-558, amending, in its entirety, Chapter
6.02 of the Carlsbad Municipal Code to reflect revisions to the San Diego County Code of
Regulatory Ordinances.
ITEM EXPLANATION
Carlsbad Municipal Code (CMC) Chapter 6.02 adopts, by reference, those sections of Title 6,
the San Diego County Code of Regulatory Ordinances that pertain to the subjects of health
and sanitation. Chapter 6.02 was last amended in 1990. Subsequent to the most recent
amendment of Chapter 6.02, the County amended sections of their code that have been
adopted by the Carlsbad Municipal Code.
Most of the amendments to the County Code have been minor and should not impact the
CMC. It should be noted that in 1987 the County did repeal a chapter of its code related to
camps and picnic grounds. At that time, a direct corresponding amendment was not reflected
in the CMC. A comparison of the repealed County sections and CMC Chapters 5.24 (Trailers
and Trailer Parks) and 11.32 (Parks and Beaches) does, however, suggest that sufficient
regulations exist related to the repealed County sections.
At this time the CMC should be amended to reflect revisions to the County Code. In addition,
upon review by the City Attorney’s Office, it was determined that several sections of CMC
Chapter 6.02 could be consolidated into one section. Finally, the Chapter’s penalty section
was amended to provide the City Attorney with flexibility in negotiating plea agreements to
reduce misdemeanor offenses to infractions in appropriate cases. The attached ordinance
amends Chapter 6.02 in its entirety.
When adoption or amending portions of a County Code by reference, state law requires that a
public hearing be held on the proposed ordinance. On September 12, 2000, the Council
introduced Ordinance NS-558 and scheduled a public hearing for September 26, 2000,
requesting that interested persons comment on the Ordinance.
FISCAL IMPACT:
See Agenda Bill No. 15,900 on file with the City Clerk.
ENVIRONMENTAL REVIEW:
See Agenda Bill No. 15,900 on file with the City Clerk.
APenda Bill # 15, g I am
EXHIBITS
1. List of County Code Sections adopted by Chapter 6.02
2. Ordinance No. NS-558.
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SECTIONS OF SAN DIEGO COUNTY CODE TITLE 6 ADOPTED BY
SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE
Division 1 Food
Division 4 Disease Control
Division 5 Permit Fees and Procedures for Businesses and Health Regulated Activities.
Division 6 Sanitation Regulations for Businesses
Chapter 1 Applications, Permits and Fees
Chapter 6 Bath houses
Chapter 9 Enforcement of State Housing Law
Chapter 10 Permits for Apartments and Hotels
Division 7 Water and Water Supplies
Chapter 3 Public Swimming Pool Plans
Chapter 4 Wells
Division 8 Sewage and Refuse Disposal
Chapter 3 Septic Tanks and Seepage Pits
Chapter 6 Septic Tanks and Cesspool Cleaners
Chapter 12 Medical Wastes
Division 9 Unsanitary Premises
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ORDINANCE NO. Ns 55s
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING, IN ITS ENTIRETY,
CHAPTER 6.02 THE CARLSBAD MUNICIPAL CODE TO
REFLECT REVISIONS TO THE SAN DIEGO COUNTY CODE
OF REGULATORY ORDINANCES.
The City Council of the City of Carlsbad, California does
ordain as follows:
WHEREAS, Chapter 6.02 of the Carlsbad Municipal Code adopts, by
reference, specific sections of the San Diego County Code of Regulatory ordinances
that pertain to health and sanitation issues; and
WHEREAS, subsequent to the adoption of Chapter 6.02, the County of
San Diego amended specific sections of their Code of Regulatory Ordinances that have
been adopted by the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad desires to amend
Chapter 6.02 to reflect revisions to the San Diego County Code of Regulatory
Ordinances and to consolidate certain sections contained therein,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Carlsbad, California, as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That existing Chapter 6.02 of the Carlsbad Municipal Code
is repealed.
SECTION 3: That Title 6 of the Carlsbad Municipal Code is amended by
the addition of Chapter 6.02 to read as follows:
Ordinance No. Ns 55s page 1 of 4
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“Chapter 6.02
Countv Code - Health and Sanitation
Sections:
6.02.010 Adopted By Reference--Interpretation.
6.02.020 Violation.
6.02.040 Health Permit Fees.
6.02.040 Operation Of Mobile Food Preparation Units.
6.02.010 Adopted By Reference-Interpretation.
A. The following Divisions and Chapters of Title 6 of the San Diego County
Code of Regulatory Ordinance, as amended, and relating to the subjects of health and
sanitation are adopted by reference as part of this code:
Division 1 Food
Division 4 Disease Control
Division 5 Permit Fees and Procedures for Businesses and Health
Regulated Activities.
Division 6: Limited only to the Following Chapters:
Chapter 1 Applications, Permits and Fees
Chapter 6 Bathhouses
Chapter 9 Enforcement of State Housing Law
Chapter 10 Permits for Apartments and Hotels
Division 7 Limited only to the Following Chapters:
Chapter 3 Public Swimming Pool Plans
Chapter 4 Wells
Division 8 Limited only to the Following Chapters:
Chapter 3 Septic Tanks and Seepage Pits
Chapter 6 Septic Tanks and Cesspool Cleaners
Chapter 12 Medical Wastes
Division 9 Unsanitary Premises
B Wherever the provisions incorporated as part of this code pursuant to
subsection A of this section refer to a county board, territory, area, agency, official,
employee or otherwise, it shall mean the corresponding board, territory, area, agency,
official or employee or otherwise of the city, and if there is none, it shall means that the
county entity is acting in the same capacity on behalf of the city.
C. The definition of “apartment house” in section 66.1001 of Division 6 of
Title 6 of the County Code of Regulatory Ordinances shall not include an ownership on
an occupied condominium. “Condominium” is defined as an estate of real property
consisting of an undivided interest in common in a portion of a parcel of real property
together with a separate interest in space in a residential building on such property.
D. Section 67.301 of Division 7 of Title 6 (Review of Plans for Public
Swimming Pools - Fee) is not adopted.
Ordinance No. Ns 55s page 2 of 4
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6.02.020 Violation.
A. The provisions of Chapter 1.08 of this code shall apply to any violation of
this chapter. Notwithstanding any other provisions of this code, any such violation
constituting a misdemeanor may, in the discretion of the City Attorney, be charged and
i prosecuted as an infraction.
6.02.30 Health Permit Fees.
A. Every person applying for a permit under the provisions of this chapter
shall at the time of making an application for such permit pay a fee the exact amount
which shall be determined by the county and kept on record by the County Department
of Health Services and on file in the city clerks office.
6.02.040 Operation Of Mobile Food Preparation Units.
A. No person shall drive or operate a mobile food preparation unit on any
public street or private property unless all persons within such vehicle are seated.
B. No person shall drive or operate a mobile food preparation unit on any
public street or private property while cooking or food preparation is going on in such
vehicle. “
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in’ the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 12th - day of September , 2000, and thereafter
Ordinance No. NS 558 page 3 of 4
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 26th day of September I 2000, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin.
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
q->p- a-eRm*
ATTEST:
Ordinance No. Ns 558 page 4 of 4
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NOTICE OF PUBLIC HEARING
ORDINANCE NS-558
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Carlsbad
Village Drive, Carlsbad, California, on September 26,2000, at 6:00 p.m., to
consider the amendment of Carlsbad Municipal Code Chapter 6.02 to reflect
revisions to the San Diego County Code of Regulatory Ordinances, Title 6,
that pertains to health and sanitation issues.
Copies of the proposed Ordinance, NS-558, are on file in the City Clerk’s
office, 1200 Carlsbad Village Drive, Carlsbad, California, and are open to
public inspection from 8:00 a.m. to 5:00 p.m., Monday through Friday.
If you challenge the proposed Ordinance, NS-558, in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence delivered to
the City of Carlsbad, City Clerk’s Office, at, or prior to, the public hearing.
Applicant: City of Carlsbad
Publish: September 15,200O
CARLSBAD CITY COUNCIL