HomeMy WebLinkAbout03 - Issuance of Citations by Code Enforcement DivisionCITY 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:
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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 MaFine DepaFtMeRt DiFecto Harbor Resources Manager, and
members of the staff designated by the Fire Chief and Marine DepaFt,,,o.
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.
SC. 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.
FE. The Gode and Water Quality EnferGement Supewisor, Code and Water Quality
power to issue citatiaRs feF 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 Fire Chief and MaFiRe DepaFtmeRt DiFeGte Harbor Resources Manager, and
members of staff designated by the Fire Chief and
DkeotefHarbor 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.
IR The Municipal Compliance Officer who may be employed by contract shall have
the power to issue citations for any violation of this code.
J1. 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
MAYOR
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.
11
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
MIT
ATTEST:
By
Leilani Brown, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By k 11, C -
David R. Hunt, City Attorney
3