HomeMy WebLinkAboutAGENDA REPORT 2007 1003 CC REG ITEM 09ATTEM q. A.
CITY OF MOORPARK, CALIFORN:r.
City Council Meeting
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MOORPARK CITY COUNCIL BY
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Deputy City Manage
Prepared By: Richard A. Diaz, Spe is Projects Coordinator
DATE: September 19, 2007 (CC meeting of 10103/07)
SUBJECT: Consider an Amendment to Title 1 - General Provisions of the
Moorpark Municipal Code, Chapter 1.16 — Administrative Citations, of
Section 1.16.040.A, Notice of Violation, to Delete an Incorrect
Reference
DISCUSSION
The Social Host Ordinance adopted in late 2006 makes reference to the use of an
Administrative Citation process for its enforcement. Since its adoption two citations
have been issued. In order for the citation process to work more smoothly there is a
minor amendment which needs to be made to Section 1.16.040.A, Notice of Violation,
of Chapter 1.16, Administrative Citations. The change has been reviewed by the City
Attorney.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Planning Director determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects may be exempt
from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment.
A project which does not qualify for an exemption requires the preparation of an Initial
Study to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
S: \Community Development \CODE COMPUAdmin Citations\2007 -CC Report Administrative Citation Ammendment.doc () 0 ( I I !� S
Honorable City Council
October 3, 2007
Page 2
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and schedule
second reading and adoption for October 17, 2007.
ATTACHMENT(S):
Ordinance No. amending Section 1.16.040.A
S: \Community Development \CODE COMPL\Admin Citations\2007 -CC Report Administrative Citation Ammendment.doc () 00 11 r.` 63
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 1.16.040.A, NOTICE OF
VIOLATION, OF CHAPTER 1.16, ADMINISTRATIVE
CITATIONS, OF TITLE 1 OF THE MOORPARK MUNICIPAL
CODE
WHEREAS, the City Council adopted Ordinance No. 340 at a regular meeting on
September 20, 2006, which added Chapter 1.16, Administrative Citations, to the
Moorpark Municipal Code; and
WHEREAS, Section 1.16.040.A should be amended to delete an incorrect
reference to Section 1.16.060(B)(1) -(5).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 1.16.040.A of Chapter 1.16 of Title 1 of the Moorpark
Municipal Code is hereby amended in its entirety to read as follows:
"1.16.040 Notice of violation.
A. Whenever a code compliance officer determines that a violation of
this code exists, the code compliance officer may issue a notice of
violation to a responsible person prior to issuing an administrative
citation. The notice of violation serves as a written warning of
responsibility and requires immediate action by the responsible
person to cease and abate the violation. If the violation is not
ceased or abated by the end of the correction period stated in the
notice, the code compliance officer may issue an administrative
citation."
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.
Ordinance No.
Page 2
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 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 day of , 2007.
Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk