HomeMy WebLinkAboutAGENDA REPORT 2007 1017 CC REG ITEM 10J ITEM
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MOORPARK CITY COUNCILaY: �AGENDA REPORT
REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Deputy City Mana;&Oordinator
By: Richard A. Diaz, Special Proje
DATE: October 5, 2007 (CC Meeting of 10/17/2007)
SUBJECT: Consider a Resolution Rescinding Resolutions Nos. 91-742 and 91-
792 and Authorizing the Employees with the Listed Job
Classifications to Enforce the Municipal Code
BACKGROUND
At the time Resolutions 91-742 and 91-792 were adopted it was to authorize the
issuance of a criminal citation under California Penal Code Section 836.5 (a). These
resolutions only allowed the Code Enforcement Officer to issue a criminal citation,
however in the time since the adoption of Resolutions Nos. 91-742 and 91-792 the City
has not issued a single criminal citation. All citations that have been issued were
administrative citations.
DISCUSSION
Since there have been no issuances of criminal citations, there is no need to give
positions in the City the authority to issue such citations. All citations that are expected
to be written would be of the administrative type authorized under Title 1, Chapter 1.16,
Section 1.16.030 General citation authority and applicability of the Moorpark Municipal
Code. This section authorizes city code compliance officers to issue administrative
citations. In Chapter 1.16, Section 1.16.020 Definitions, the Code Compliance Officer
means any officer or employee authorized by the governing body to enforce provisions
of the Municipal Code. Due to the small size of City staff there may be times that the
primary position that is responsible for the enforcement of the City Code may not be
available. Therefore, it is important to broadly identify positions that may substitute for
the primary position responsible. The positions, listed in alphabetical order, identified as
assistant city engineer, assistant engineer, assistant planner I and II, associate civil
engineer, associate planner, city engineer, code compliance technician I and II,
community development director, community development technician, crossing guard
supervisor/parking enforcement, deputy city manager, landscape/parks maintenance
\Wlor_pri_sery\City Share\Community Development\CODE COMPL\2007 CC agenda report amending Resolution 91-792.0 9
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Honorable City Council
October 17, 2007
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management analyst, parks and landscape manager, planning director, planning
manager, principal planner, public works superintendent, recreation/community services
manager, recreation coordinator II, recreation supervisor, senior civil engineer, senior
management analyst, senior planner, vector/animal control specialist, and vector/animal
control technician need to be authorized to enforce the Moorpark Municipal Code.
For example, if a vendor is found to be operating in a City park the recreation
coordinator Il, recreation supervisor, or the recreation/community services manager
could issue a citation for violation of the municipal code rather than calling for either the
code compliance technician or a deputy sheriff to issue such a citation. It is expected
that issuance of citations by the various positions identified above would be for
violations in their particular area of expertise as it relates to the Municipal Code.
A parking citation is a criminal citation and is authorized under another City Council
resolution. The parking citation authority resolution will be reviewed and updated in the
near future.
STAFF RECOMMENDATION
Adopt Resolution No. establishing those positions which would have citation
authority under the Municipal Code and rescinding Resolutions Nos. 91-742 and 91-
792.
ATTACHMENTS:
1. Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTIONS NOS.
91-742 AND 91-792 AND AUTHORIZING THE EMPLOYEES
WITH THE LISTED JOB CLASSIFICATIONS TO ENFORCE
VIOLATIONS OF THE CITY MUNICIPAL CODE
WHEREAS, the Moorpark Municipal Code in Title 1, Chapter 1.16, Section
1.16.030 General citation authority and applicability, authorizes any code
compliance officer to issue an administrative citation; and
WHEREAS, the Moorpark Municipal Code in Title 1, Chapter 1.16, Section
1.16.020 Definitions, defines a code compliance officer to be any officer or
employee authorized by the governing body to enforce certain provisions of the
Moorpark Municipal Code; and
WHEREAS, when a violation occurs within the City, employees with
various City classification titles must be identified as employees authorized to
issue an administrative citation above and beyond the code compliance
technician.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolutions Nos. 91-742 and 91-792 are hereby
rescinded.
SECTION 2. The Council finds and declares that the employees with
the job classifications, listed in alphabetical order, of assistant city engineer,
assistant engineer, assistant planner I and II, associate civil engineer, associate
planner, city engineer, code compliance technician I and 11, community
development director, community development technician, crossing guard
supervisor, deputy city manager, landscape/parks maintenance superintendent,
management analyst, parks and landscape manager, planning director, planning
manager, principal planner, public works superintendent, recreation/community
services manager, recreation coordinator ll, recreation supervisor, senior civil
engineer, senior management analyst, senior planner, vector/animal control
specialist, and vector/animal control technician for the City of Moorpark shall be
deemed an employee authorized to issue an administrative citation in
accordance with Moorpark Municipal Code, Chapter 1.16, Administrative
Citations.
SECTION 3. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this day of 12007.
r
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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