HomeMy WebLinkAboutAgenda Statement 1987/04/21 Item 18 COUNCIL AGENDA STATEMENT
Item 18
Meeting Date 4-21-87
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ITEM TITLE:
Ordinance,, - t Repealing Sections 13.64.020 et seq. of the
Municipal Code Relating to the Abatement of Public Nuisances
in Connection with Water Courses
SUBMITTED BY: Assistant City Attorney t SLCONO RLIDLNG AND ADOPTION
(4/5ths Vote: Yes No X )
During the course of review of potential enforcement of alleged violations of
the City's drainage easement on property at and in the vicinity of 650 E. ".T"
Street, at the request of the City Engineer, this office discovered antiquated
provisions in the Code relating to such enforcement. This is a technical
amendment to delete enforcement procedures superseded by the enactment of
Chapter 1.30 of the Municipal Code relating to enforcement regarding public
nuisances generally.
RECOMMENDATION: That the Council introduce for first reading the attached
ordinance.
\RDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In 1967, Chapters 13.56 and 13.64 were added to the Municipal Code by
Ordinance No. 1032 relating to public nuisances arising out of the impairment
of water courses. Section 13.56.010 makes numerous acts with regard to the
obstruction of water courses prohibited acts unless a permit is first
obtained. Section 13.64.010 provides that any of those acts committed in
violation of Section 13.56.010 are public nuisances, as well as the failure of
the property owner to keep and maintain the drainage course free of
obstructions. The balance of Chapter 13.64 following Section 13.64.010 sets
forth an elaborate process for the abatement of the public nuisance and
imposition of the costs of abatement as an assessment against the property.
Those latter procedures were superseded upon the enactment of Chapter 1.30 in
1975, which chapter provides a general procedure for the abatement of all
public nuisances. Additionally, Section 13.64.060 makes references to
statutory sections no longer applicable.
Accordingly, the recommended action is to repeal the obsolete language so that
enforcement efforts with regard to water courses will follow the same legal
procedure as the abatement of other public nuisances established by the Code.
FISCAL IMPACT: Non
2699a "' Ct+y Council of tyy the City Council of
Chula Vista, Ca ifornia Chula Vista, California
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