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HomeMy WebLinkAbout2005-09-06; City Council; 18265; Amend Municipal Code Health and Safety CodeCITY OF CARLSBAD - AGENDA BILL TITLE: AMEND SECTTON 17.04.070 OF MIJNTCTPAT, CODE TO MAKE: 11 CONSIS'I'EN'I' WI'I" '1HE HEALI" ANU SAFETY CODE 12 DEPT.HD. CITY ATTY. & CITY MGR a RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS-772 amending Carlsbad Municipal Code Section 17.04.070 to make it consistent with the Health and Safety Code. This provides the enforcer the ability to issue citations for misdemeanor offenses. ITEM EXPLANATION: The Health and Safety Code, Section 131 12, regulates penalties for Fire and Building Code violations such as overcrowding of occupancies and exit violations. The minimum penalty for these violations is a misdemeanor. For violations of the California Fire Code, not regulated by the State of California Marshal infraction(s), a misdemeanor, or whichever is most appropriate. ENVIRONMENTAL: The Planning Director has determined that these activities are categorically exempt from CEQA review pursuant to Section 15309 of the CEQA Guidelines. FISCAL IMPACT: No fiscal impact anticipated. No new fees are proposed and there is no additional financial impact to the community. No additional staff time will be expended outside of normal customer services. EXHIBITS: NS-772 Ordinance No. DEPARTMENT CONTACT: Karyn Vaudreuil, Fire Marshal 760-602-4661 kvaud @ ci .carlsbad .ca. us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 17.04.070 OF THE CARLSBAD MUNICIPAL CODE. WHEREAS, the City of Carlsbad incorporated the 2001 edition of the California Fire Code on October 22, 2002, Carlsbad Municipal Code Section 17.04.01 0; and WHEREAS, the Municipal Code does not provide for penalties in State regulated occupancies or buildings in violation of the Carlsbad Municipal Code. Health and Safety Code Section 131 12 states that “every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than six months, or by both.” In order to be consistent with State statute, Section 17.04.070 should be amended. WHEREAS, for violations of the California Fire Code, 2001 edition, not regulated by the State, the penalty for violation may be infraction(s) or misdemeanor, whichever is most appropriate. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Section 17.04.070 of the Carlsbad Municipal Code is amended to read as follows: “1 7.04.070 Violations. Occupancies regulated by the State, pursuant to Section 13112 of the Health and Safety Code, the minimum penalty is a misdemeanor. For violations of the California Fire Code not regulated by the State, the penalty may be infraction(s) or misdemeanor citations, whichever is most appropriate.” 1111l iiiii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 east 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 in the 6th day of SEPTEMBER ,2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City if Carlsbad on the 4ye5: VOES: 4BSENT: day of ,2005, by the following vote, to wit: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk 17.04.070 Violations. For occupancies regulated by the State, Section 131 12 of the Health and Safety Code shall be used for issuing violations and penalties. For occupancies not regulated by the State of California, the Fire Marshal may issue infraction(s) or misdemeanor citations whichever is most appropriate. NOTICE OF PUBLIC HEARING AMENDMENT TO THE HEALTH AND SAFETY CODE 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, at 6:OO p.m., on Tuesday, September 6, 2005, to consider the adoption of an Ordinance which amends Section 17.04.070 of the Carlsbad Municipal Code. This Ordinance will make violations of the Health and Safety Code a misdemeanor consistent with California State law. Copies of the Code and Ordinance are on file in the City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, California, and are open to public inspection. If you challenge the adoption of the Ordinance in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 at, or prior to, the public hearing described in this notice. APPLICANT: City of Carlsbad PUBLISH: August 26,2005 CARLSBAD CITY COUNCIL PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA 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 matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 26fh, 2005 I certifL (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 26* Day of August, 2005 n - I Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising [J This space is for the County Clerk's Filing Stamp Proof of Publication of g9Pb ItY Clerk of !he S Office Code and 1200 Ordinance Carlsbad are Villa on file e in arkbad, Califoinia, and are open 80 inspection.