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HomeMy WebLinkAbout04 - Authority to Issue CitationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 July 28, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 -644 -3222, swood @city.newport- beach.ca.us SUBJECT: Amendment to Chapter 1.12.020 of the Municipal Code Regarding Issuance of Citations ISSUE: Which staff members in the Code and Water Quality Enforcement Division should have the power to issue citations for Municipal Code violations? RECOMMENDATION: Introduce the attached ordinance, which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he /she designates, and pass to second reading on August 11, 2009. DISCUSSION: The City Council has given staff members in various departments the power to issue citations for violations of the Municipal Code, and these powers are set forth in Chapter 1.12.020. Staff in some departments, such as Fire, General Services and Building, has the power to cite only with regard to Code sections within their purview, whereas the Code and Water Quality Enforcement staff has the power to cite for violations of any section of the Code. The existing language for Code and Water Quality Enforcement staff lists the Code and Water Quality Enforcement Supervisor, Code and Water Quality Enforcement Officers and Water Quality Specialist as the specific staff positions with citation authority. The titles of Code and Water Quality Enforcement Supervisor and Water Quality Specialist are no longer used, and the current staff complement includes a Code and Water Quality Enforcement Manager, Senior Code and Water Quality Enforcement Officer, Water Conservation Coordinator, and Code and Water Quality Enforcement Officers and Trainees. To provide greater flexibility to the Manager of this division to enforce the Amendment to Chapter 1.12.020 of the Municipal Code Regarding Issuance of Citations July 28, 2009 Page 2 Code as effectively as the City Council has directed, staff is proposing that the language regarding citation power be amended to give that power to the Code and Water Quality Enforcement Manager and any staff he /she designates. This more general language mimics what is already provided in Municipal Code Section 1. 12.020 for the Police, Fire and General Services Departments. There are other departments, including the Revenue Division and Building Departments, to which Section 1.12.020 does not grant broad designation authority. However, because the Code and Water Quality Enforcement Division is responsible solely for enforcement functions, that division's functions and responsibilities are more similar to those of the Fire and Police Departments than to departments that lack broad authority to designate the power to issue citations. Staff believes it is appropriate for the division that has overall responsibility for enforcement of the Municipal Code to have the flexibility to use its staff resources as needed to accomplish its work. The proposed amendment also includes minor changes to update position titles in other departments. Environmental Review: This is not a project under CEQA. Public Notice: This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item.) It was posted at City Hall and on the City's website. Submitted by: Sharon Wood Assistant City Manager Attachment: Draft Ordinance ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020, OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO CITATIONS AND WARRANTS WHEREAS, the City Council has authorized certain City employees to issue citations for violations of the City's ordinances and laws; and WHEREAS, job titles and staff complement in the Code and Water Quality Enforcement Division have changed; and WHEREAS, the City Council wishes to ensure that all qualified staff in said division are authorized to issue citations, NOW THEREFORE, THE City Council of the City of Newport Beach, California, finds the above recitals to be true and HEREBY ORDAINS as follows: SECTION 1: Section 1. 12.020 of Chapter 1.12 of the Municipal Code is amended to read 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, Community Services Officers, Custody Officers, Parking Control Officers, Volunteers (as authorized by Section 22507.9 of the Vehicle Code for handicapped parking enforcement) and other designated members of the Police Department staff shall have the power to issue citations for any violation of this Code and any Code of the State of California, as assigned by the Chief of Police. B. The Fire Chief and ",: aFi,,,,e DepaFtr ,t, D ,tiGt%Harbor Resources Manager, and members of the staff designated by the Fire Chief and Made^ Depa t^, ^ ^* DiresterHarbor Resources Manager, shall have the power to issue citations for any violation of Titles 11 and 17 of this code, Chapters 7.04, 7.16 and 7.20 of this code, Sections 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 provisions 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. DC. 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. D €. 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. €E. The Code and WateF Quality Enfor- Gement S pewiserr_Cade and1 V4at"��se'-QQRtity EiRfOmement QffiGer-s and Watershed and Watei: Quality SpeGialiSt shall have the The Code and Water Quality Enforcement Manager and division staff designated by the Manager shall have the power to issue citations for any violation of this code. GF. The Building Director and the Chief Building Inspector shall have the power to issue citations for any violation of Title 15 of this code. G#. The f=ire Chief and MaFin° Department D;F --Gt ^•Harbor Resources Manager, and members of staff designated by the Fire Chief and Direeta Harbor Resources Manager, 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. tH. The Municipal Compliance Officer who may be employed by contract shall have the power to issue citations for any violation of this code. J4. Park Patrol Officers shall have the power to issue citations for violations of Chapters 5.10 and 11.04, of this code and for violations of any provision of this code occurring in parks or parking violations occurring in parking lots servicing parks and other City facilities. SECTION 2: 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, subsections, sentences, clauses and phrases be declared unconstitutional. 2 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of , 2009, and adopted on the — day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES. COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: By Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By David R. Hunt, City Attorney 3 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020, OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO CITATIONS AND WARRANTS WHEREAS, the City Council has authorized certain City employees to issue citations for violations of the City's ordinances and laws; and WHEREAS, job titles and staff complement in the Code and Water Quality Enforcement Division have changed; and WHEREAS, the City Council wishes to ensure that all qualified staff in said division are authorized to issue citations, NOW THEREFORE, THE City Council of the City of Newport Beach, California, finds the above recitals to be true and HEREBY ORDAINS as follows: SECTION 1: Section 1.12.020 of Chapter 1.12 of the Municipal Code is amended to read 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, Community Services Officers, Custody Officers, Parking Control Officers, Volunteers (as authorized by Section 22507.9 of the Vehicle Code for handicapped parking enforcement) and other designated members of the Police Department staff shall have the power to issue citations for any violation of this Code and any Code of the State of California, as assigned by the Chief of Police. B. The Fire Chief and Harbor Resources Manager, and members of the staff designated by the Fire Chief and Harbor Resources Manager, shall have the power to issue citations for any violation of Titles 11 and 17 of this code, Chapters 7.04, 7.16 and 7.20 of this code, Sections 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 provisions 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. C. 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. D. 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. E. The Code and Water Quality Enforcement Manager and division staff designated by the Manager shall have the power to issue citations for any violation of this code. F. The Building Director and the Chief Building Inspector shall have the power to issue citations for any violation of Title 15 of this code. G. The Fire Chief and Harbor Resources Manager, and members of staff designated by the Fire Chief and Harbor Resources Manager, 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. H. The Municipal Compliance Officer who may be employed by contract shall have the power to issue citations for any violation of this code. I. Park Patrol Officers shall have the power to issue citations for violations of Chapters 5.10 and 11.04, of this code and for violations of any provision of this code occurring in parks or parking violations occurring in parking lots servicing parks and other City facilities. SECTION 2: 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, subsections, 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 of the City, and it shall be effective thirty (30) days after its adoption. 2 SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of , 2009, and adopted on the day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS F ATTEST: By Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By k o,, C_ 9 v"� David R. Hunt, City Attorney 3 Authorized to Publish Advertisements of all kinds including public ounces by Decree of the Superior Court of Orange County. California. Number A -6214. September 29, 1961, and A 24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 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 below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: August 15, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 19, 2009 at Costa Mesa, California. RECEIVED M AUG 24 AM 024 O rrE OF TN= OTY am CifY OF " :EEVPVT I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of NEW- P O R T R E A C N AMENDING SECTION 1.12.0", OF TITLE 1 OF IN[ NEWPORT REACH MUNICIPAL CODE, PERTAINING TO CITATIONS AND WAR- RANTS Subject Ordinance was adopted on the Ilth day of Au {{usf. 2009 AYES. CWNCIL all BERS. VENN. ROSANSKY, CURRY. WEBB, MAYOR SELICH NOES. COUNCIL MEM BERS.NONE ABSENT COUNCIL MEM BERS- OMGLE. GARD- NER ABSTAIN COUNCIL MEMBERS NONE MAYOR Edward$ehch CITY CLERKS Laden, 1. Brown The entire feat Is avail. able for review in the City Clerk's office of the City of Newport Beach. Published Newport Beach/Costs Mass Daily Pilot August IS, 2009 Sam Vu/6'e�' -ZF*-+