HomeMy WebLinkAboutAGENDA REPORT 2008 0416 CC REG ITEM 11Aa, y Council Meeting
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ORDINANCE NO. 368
__�t-,_.X *- Aid - QR94NANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RENUMBERING SECTION 8.52.140
TO SECTION 8.52.180 AND ADDING SECTION 8.52.150
BUSINESS INSPECTIONS, SECTION 8.52.160 BUSINESS
INSPECTION FEE, AND SECTION 8.52.170 BUSINESS RE-
INSPECTION FEE, TO CHAPTER 8.52 STORMWATER QUALITY
MANAGEMENT, OF TITLE 8 OF THE MOORPARK MUNICIPAL
CODE
WHEREAS, on August 3, 2000, the California Regional Water Quality Control
Board, Los Angeles Region, adopted Order Number 00.108 (NPDES Permit No.
CAS004002) (Permit) for storm water and urban runoff discharges in the Ventura
County area; and
WHEREAS, the Permit identifies the City of Moorpark (City) as a co- permittee of
the Ventura County Permit and authorizes the City to regulate its storm drain system;
and
WHEREAS, the Permit requires all co- permittees to develop an inventory of
designated industrial and commercial businesses and conduct business inspections;
and
WHEREAS, the State of California or the Federal government does not provide
any funds to conduct the aforementioned inspections, thus making this an unfunded
mandate; and
WHEREAS, the City desires to create a fee to charge affected businesses in
order to provide sufficient revenue for funding inspection services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.52 of Title 8 of the Moorpark Municipal Code is
hereby amended by renumbering Section 8.52.140 to Section 8.52.180 and adding new
Sections — 8.52.150, 8.52.160, and 8.52.170, to read as follows:
"8.52.150 Business inspections.
The Director shall cause each of the business facilities designated in the
Permit to be inspected at least as often as required by the Permit. This
inspection authority is in addition to all other inspection authority
authorized by this Code. To the extent permitted by law, the Director may
enter upon and inspect any private premises to verify compliance with this
code. If the Director is engaged in duly authorized investigatorial duties
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during reasonable hours, no person shall, refuse, restrict, resist or attempt
to refuse, restrict or resist entrance of any investigator into any portion of
any property subject to this Chapter. Notwithstanding section 8.52.180,
any person violating this section shall be guilty of a misdemeanor and
subject to business registration revocation. Any written decision by the
Director to revoke the business registration may be appealed in writing to
the City Manager within 10 days of issuance of written notice. The
decision of the City Manager shall be final.
8.52.160 Business inspection fee.
A. Every person required to register a business pursuant to
Chapter 5.04 of this code and also engaged in a business designated in
the Permit as a designated source of pollution business inspection site
shall pay an annual Business Inspection Fee.
B. The Business Inspection Fee shall:
1. Be established by resolution of the City Council.
2. Be reasonable, fair and equitable in nature and
proportionately representative of the costs incurred by the City.
3. Not exceed the City's estimated reasonable cost of
performing the inspections required by the Permit, including administrative
costs.
4. Bear a reasonable relationship to the costs borne by
each affected business.
5. Not be levied for general governmental services.
C. The Community Development Department shall administer
and collect the Business Inspection Fee.
D. No business registration issued pursuant to Chapter 5.04 of
this code shall be issued or renewed until payment of the Business
Inspection Fee is received by the Community Development Department.
8.52.170 Business re- inspection fee.
Any business or commercial facility inspected and found to be in violation
of the Permit, shall be re- inspected within six (6) months of the date of the
initial inspection and shall be subject to a Re- inspection Fee.
A. The amount of the Re- inspection Fee shall be established by
resolution of the City Council.
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B. Any provision herein
administration and collection of the
pertain to the Re- inspection Fee."
that pertains to registration or
Business Inspection Fee shall also
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and the adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and shall,
within fifteen (15) days after the passage and adoption thereof, cause the same to be
published once in the Moorpark Star a newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 16th day of April, 2008
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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