HomeMy WebLinkAboutReso 1998-19001 RESOLUTION NO. 19001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING CITY STAFF TO PREPARE AN
ORDINANCE AMENDING SECTION 12.32.190 OF THE CHULA
VISTA MUNICIPAL CODE TO PROVIDE FOR CITY
ENFORCEMENT OF AGREEMENTS PERTAINING TO
MAINTENANCE WITHIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City Council has expressed concern regarding the City's ability to
enforce agreements, covenants, codes, or restrictions which require individuals, homeowner's
associations, or other legal entities to maintain landscaping within public rights-of-way and
if public right-of-ways are not properly maintained, the general welfare of the citizens of Chula
Vista may be adversely affected; and
WHEREAS, under the current City of Chula Vista Municipal ordinance, property
owners, lessees and agents of multiple family, commercial and industrial property are required
to maintain public rights-of-way which are immediately adjacent to the property under their
control, including the area between the private property line and the public curb line; and
WHEREAS, however, the current ordinance does not provide an effective enforcement
mechanism whereby the City may enforce maintenance standards for public right-of-way
areas agreed upon between private parties (i.e., such as individuals and homeowners'
associations) and/or the City; and
WHEREAS, the proposed draft amendment to the existing ordinance, developed by the
City Attorney's office, attached hereto as Attachment 5, would provide the City with the
ability to enforce agreements, including but not limited to covenants, codes or restrictions,
as they relate to the maintenance of public rights-of-way; and
WHEREAS, the ordinance would make it unlawful for a person, homeowners'
association or other legal entity to fail to maintain public right-of-way areas in compliance with
any agreement, covenant, code or restriction and in accordance with City-approved landscape
plans or applicable City standards; and
WHEREAS, a violation of this section could constitute an infraction or misdemeanor
but could also be resolvable via abatement, administrative citation, mediation or other
proceeding; and
WHEREAS, it is recommended that the City Council adopt the resolution authorizing
staff to prepare an ordinance amending Section 12.32.190 of the Chula Vista Municipal Code
to provide for City enforcement of requirements pertaining to maintenance within public
rights-of-way.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby direct City staff to forward the proposed ordinance, attached hereto as Attachment
5, amending Section 12.32.190 of the Chula Vista Municipal Code to provide for City
enforcement of agreements, pertaining to maintenance within public rights-of-way for public
hearing.
Presented by Approved as to form by
Resolution 19001
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of May, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Sl~irley Horto,~! Mayor
ATTEST:
~uth;let, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19001 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 19th day of May, 1998.
Executed this 19th day of May, 1998.
Beverly A.~uthelet, City Clerk
ATTACHMENT 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 12.32,190 TO PROVIDE FOR CITY
ENFORCEMENT OF REQUIREMENTS PERTAINING TO
MAINTENANCE WITHIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Chula Vista has a history and reputation
for well-kept properties and public rights-of-way, and that the
property values and the general welfare of the City are founded, in
part, upon the appearance and maintenance of properties and public
rights-of-way; and,
WHEREAS, there is a need for the City of Chula Vista to have
the ability of enforcing agreements including but not limited to
covenants, codes, or restrictions, between parties which require
the maintenance of public rights-of-way,
The City Council of the City of Chula Vista does ordain as
follows:
That Section 12.32.190 of the Chula Vista Municipal Code is
hereby amended to read as follows:
(A) Each property owner, lessee or agent of multiple family,
commercial and industrial p.roperty shall be required to maintain
that portion of the public right-of-way immediately adjacent to the
property under his/her control and shall include the area between
the private property line and the public curb line. This
maintenance shall include all landscaping installed pursuant to the
provisions of this code and the landscaping manual of the city and
shall further provide that said area shall be kept free of all
weeds, debris, and other impediments.
(B) It shall be unlawful for any person, homeowners' association or
other leqal entity who is required under this chapter, or any
covenant, code, restriction or any other aqreement requirinq th~
maintenance of a riqht-of-way to fail to maintain said riqht-of-way
as described in A) above or as required by any code, covenant,
restriction or other aqreement.
(C) Each violation of this section shall constitute a separat~
offense.
Presented by Approved as to form by
Ellen Gross, Deputy City
Attorney