HomeMy WebLinkAboutOrd 2016-3377 ORD[NANCE NO. 3377
ORDTT�'ANCE OF THE CITY OF CHULA VISTA AMEI�'DIi�'G
CHULA VISTA MUI�'ICIPAL CODE SECTION 1.41.110 TO
REMOVE THE EXISTING CIVIL PENALTIES CAP AI�'D
DELETING CHULA VISTA n4UI�'ICIPAL CODE SECTION
�.66.030 TO PERMIT CRIMINAL EI�TFORCEMENT FOR
VIOLATIO?�' OF CHAPTER �.66
VJHEREAS. unla�eful marijuana dispensaries ha��e continued to operate in violation of
Chula Vista Municipal Code section �.66.020 despite administrative enforcemeni; the
assessment of ci��il penalties of up to �100,000, and the commencement of ci��il litigation; and
�l'HEREAS; Chula Vista 114unicipal Code section 1.41.110(C) currently caps the amount
of civil penalties that can be assessed aeainst an individual propem- for anv related series of
municipal code violations; and
WHEREAS. Chula Vista Municipal Code section �.66.0�0 currently prohibits the use of
criminal enforcement remedies aeainst persons found to be in violation of chapter �.66; and
WHEREAS. in Citv and Count}� of Sun Francisco v. Soine:, the Califomia Court of
Appeal found that fines exceeding �100.000 did not ��iolate e�cessive fines clauses of the Federal
and State Constitutions: and
ll'HEREAS_ for purposes of constitutional inquiry under the e�cessi��e fines dause, the
amount of fines imposed aze required to bear some proportional relationship to the penal[ys
deterrent purpose and the nature of the misconduct; and
WHEREAS. in Kirby v. Counn+ of Fresno, the Califomia Court of Appeal held that state
law does not preclude criminal prosecution for failure to abate a public nuisance regardine
commercial marijuana acti��ity: and
�'�'HEREAS. it is in the best interests of the Cit}� to amend the Chula Vista Municipal
Code to permit criminal enforcement for failure to abate a violation of Chapter �.66; and
WHEREAS, it is in the best interests of the City to amend the Chula Vista D9unicipal
Code to remove the existine ci��il penalty cap and permit penalties in escess of�100;000 N�hen
���arranted.
N0�1'. THEREFORE. the Cih� Council of the Citv of Chula Vista does ordain as follows:
SECTION I
A. Chapter 1, Sectio❑ 1.41.110(C) of the Chula V'ista �Qunicipal Code regardine the
assessment of ci��il penalties is amended to read as follo��s:
Ordinance 3377
Page No. 2
1.41.110 Civil Penalties
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil
penalties may be assessed at a daily rate not to exceed $1,000 per violation per day per ta�
assessor's parcel number in the case of unimproved real property or per each structure against
which violations have eaisted on a single taY assessor's parcel number for any related series of
violations.
[Note: [1.41.110 Subsections A, B, and D through G remain uuchanged]]
B. Chapter 5, sections 5.66.030 and �.66.040 of the Chula Vista Municipal Code are
hereby amended and restated as follows:
5.66.030 Repealed.
5.66.040 Public nuisance; Penalties.
Any use or condition caused or permitted to eaist in violation of any of the provisions of this
chapter shall be, and is hereby declared, a public nuisance, which may be abated by the city
pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal
remedies, except to the extent expressly and validly preempted by state or federal law. (Ord.
3204 § 2, 2011).
SECTION II Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declazes that it would have adopted each section, sentence, clause or phrase
of this Ordinance, inespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION III Construction
The City Couacil of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
liaht of that intent.
SECTION IV Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
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Ordinance 3377
Paee No. 3
SECTION �' Publication
The City Clerk shall certif�� to the passaee and adoption of this Ordinance and shall cause
the same to be published or posted according to la��.
Presented bv Appro��ed as to form bv
� ` � •
len R. ogins G en R. G eins
C� tto ev C � Attom ��
PASSED. APPROVED. and ADOPTED bv the Citti� Council of the Citv of Chula Vista.
Califomia, this 20th da�� of September 2016, b�� the follo���ing ��ote: �
AYES: Councilmembers: A¢uilaz. Bensoussan. McCann. Miesen. and Salas
NAYS: Councilmembers: I�'one
ABSENT: Councilmembers: None
C;e�i4����
Man� Sal . Ma�or
ATTEST:
�l�dk.k�- ��, N�.t/v.�
Donna R. I�TOrris. CMC. Cirv Clerk
STATE OF CAL[FORI�'IA )
COUI�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia. do hereb�� certif�� that the foreaoine
Ordinance No. 3377 had its first reading at a regulaz meetine held on the 13th day of September
2016 and its second reading and adoption at a reeular meeting of said City Council held on the
20th dav of September 2016; and �vas dul�� published in summan� form in accordance ���ith the
requirements of state la�+ and the Cit�- Charter.
7 2olG .c,��i� � �,�/�.5,�
Dated Donna R. 1�'orris. CMC. Cit�� Clerk
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