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HomeMy WebLinkAbout07 - Amendment to Sub - Section H of Section 1.12.020 Regarding NBMC Authority of Public Officers or Employees to Issue CitationsCITY COUNCIL MEETING: January 11, 1999 Agenda Item No.: 7 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 11, 1999 TO: The Honorable Mayor and Members of the City Council FROM: Daniel K. Ohl, Deputy City Attorney RE: Amendment to Sub - Section H of Section 1.12.020 Regarding Newport Beach Municipal Code Authority of Public Officers or Employees to Issue Citations Discussion Code Enforcement personnel now have authority only to enforce provisions of Title 10.26, community noise control, and Title 20, zoning. The proposed change is needed to allow them to enforce all provisions of the Newport Beach Municipal Code. Recommendation Introduce the proposed Ordinance and pass to second reading on January 25, 1999. Deputy City Attorney DKO:krs F:\ Cat \Shared\C C M emo \CodeEnforcmt1- 12- 020.doc ORDINANCE NO. 99- AN AMENDMENT TO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SUB - SECTION H TO SECTION 1.12.020 OF CHAPTER 1.12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 1.12.020, Sub - Section H of the Newport Beach Municipal Code, Title 1, Chapter 1.12, is amended as follows: "1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations. The following designated public officers and employees all have the power to issue citations for violations of the ordinances and laws specified in this section: A. Animal Control Officers shall have the power to issue citations for any violation of Titles 7 and 12 of this Code, Section 10.12.010 of this Code, the Fish and Game Code, and the provisions of the Health and Safety Code of the State of California that pertain to animals. B. Community Services Officers, Parking Control Officers and Police Cadets shall have the power to issue citations for any violation of Title 12 of this Code, and Sections 4000, 4454, 5200, 5202, 5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, and 22700 of the Vehicle Code of the State of California. C. Community Services Officers shall have the power to issue citations for any violation of Title 5 of this Code. D. The Fire & Marine Department Director, and members of the staff designated by the Fire & Marine Department Director, shall have the power to issue citations for any violation of the Titles 11 and 17 of this Code, Chapters 7.04, 7.16 and 7.20 of this Code, Section 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and Game Code of the State of California, Title 14 of the California Administrative Code, the 1 provision of the Health and Safety Code of the State of California that pertain to animals and the provisions of Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California. E. The Marina Park Manager shall have the power to issue citations for any violation of Chapter 12.40 of this Code. F. The Revenue Manager, License Supervisor and all License Inspectors shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10 of this Code, Section 12.40.060 of this Code and Chapters 12.62 and 12.63 of this Code. G. The General Services Director and department staff designated by the Director, shall have the power to issue citations for any violation of Chapter 6.04 of this Code. H. The Code Enforcement Supervisor and Code Enforcement Officers shall have the power to issue citations for any violation of GhapteF 10.26 of th46 cede 9F 9 Teflp :20 of his Code. I. The Building Director and the Chief Building Inspection shall have the power to issue citations for any violation of Title 15 of this Code. J. The Fire & Marine Department Director -GhW, and members of staff designated by the Fire & Marine Department DirectorGhW, shall have the power to issue citations for any violation of Title 9 of this Code, Sections 22500.1 and 22514 of the California Vehicle Code, any provision of state or local law related to fire suppression or fire prevention and any provision of state and local laws pertaining to the handling, use, storage or disposal of hazardous materials or waste. K. The Municipal Compliance Officer who may be employed by contract shall have the power to issue citations for any violation of this Code. (Ord. 95 -38 § 1, 1995; Ord. 95 -34 § 1, 1995; Ord. 95 -24 § 1, 1995; Ord 94-46 § 1, 1994; Ord. 93 -27, 1994; Ord 93 -22, 1993; Ord. 91 -50 § 1, 1992; Ord. 88 -13 § 1, 1988, Ord. 88 -1 § 2, 1988; Ord. 87-42 § 1, 1987; Ord. 87 -34 § 1, 1987; Ord. 87 -6 § 1, 1987; Ord. 1865 § 1, 1980; Ord. 1782 § 1, 1978; Ord. 1668 § 1, 1976; Ord. 1602 § 1, 1975; Ord. 1575 § 1, 1974; Ord. 1542 § 1, 1973; Ord. 1491 § 1, 1973; Ord 1395 § 1, 1971; Ord. 1385 § 1, 1971; Ord. 1356 § 2, 1970; Ord. 851 (part), 1958; 1949 Code § 1401) 2 SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1999, and adopted on the day of , 1999, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS \ZF-I GTO ATTEST: CITY CLERK F:\ Cat\ Shared\ Ordinance \AuthPublicOfc1- 12- 020.doc 3