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HomeMy WebLinkAbout2005-09-13; City Council; 18281; Municipal Code Consistent Health & Safety Code# 18,281 MTG. 9/13/2005 DEPT. CLK CITY ATTY. AMEND SECTION 17.04.070 OF THE CARLSBAD MUNICIPAL CODE TO MAKE IT CONSISTENT WITH THE HEALTH AND SAFETY CODE CITY MGR */-A? RECOMMENDED ACTION: Adopt Ordinance No. NS-772 amending Section 17.04.070 of the Carlsbad Municipal Code to make it consistent with the Health and Safety Code to provide the enforcer the ability to issue citations for misdemeanor offenses. ITEM EXPLANATION: Ordinance No. NS-772 was introduced and first read at the City Council meeting held on September 6, 2005. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,265 on file with the City Clerk. EXHIBIT: 1. Ordinance No. NS-772. DEPARTMENT CONTACT: Isabelle Paulsen (760) 434-2809, ipau I@ci .cads bad .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 17.04.010; 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@) or misdemeanor, whichever is most appropriate. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: 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.” //l/l //I// 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 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days sfter its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council 3n the 6th day of SEPTEMBER ,2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City 3f Carlsbad on the 13th day of SEPTEMBER ,2005, by the following vote, to wit: AYES: VOES: None 4BSENT: None Council Members Lewis, Hall, Kulchin , Packard , Sigaf oose APPROVED AS TO FORM AND LEGALITY: n RONATD & R. BALL, City Q.L Attorney q- 1 y- o ATTEST: 3