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Item 7 - Ord 185AGENDA CITY OF REPORT- POWAY s fC'ry !N THE OQJat TO: Honorable Mayor and Members of the City Council FROM: Jams L. Bowersox, City M INITIATED BY: Stephen.M. Eckis, City Attorney DATE: February 25, 1986 SUBJECT: Grading Ordinance Violation Penalty A violation of the Grading Ordinance currently is an infraction as set forth in Section 16.52.010 of the Municipal Code. Conviction of an infraction cannot be conditioned with restoration of the damage; however, conviction of a misdemeanor can. Recannendation is to have first reading on the attached ordinance changing the penalty from an infraction to a misdemeanor. FINDINGS 1. This action is categorically exempt from CEQA under Class 21. 2. When the Grading Ordinance is violated, restoration'is the appropriate penalty. 3. Conviction of a misdemeanor can be conditioned with restoration. It is recammended that the City Council. a) introduce and hold first reading of the attached ordinance entitled, "An Ordinance of the City of Poway, California, Amending Section 16.52.010 of the Poway Municipal Code; Changing the Penalty for Violation of the Grading "Ordinance from an Infraction to a Misdemeanor "; and b) continue public hearing and set second reading for March 4, 1986. JLB:SME:MKWml Attachment: 1) Ordinance ACTION: Held first reading. Continued second reading. Q 'b� Jo Seil3ert, De uty City Clerk hearing to 3 -4 -86 for FEB251986 ITEM . 7 9 0 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING SECTION 16.52.010 OF THE POWAY MUNICIPAL CODE; CHANGING THE PENALTY FOR VIOLATION OF THE GRADING ORDINANCE FROM AN,INFRACTION TO 'A'MISDEMEANOR WHEREAS, violation of a grading ordinance is a serious offense which may result in irreparable injury and damage to unique real property; and WHEREAS, a misdemeanor is punishable as a more serious offense than an infraction; and WHEREAS, conviction of a misdemeanor may result in probation conditioned upon restoration of damaged real property, while punishment for a conviction of an infraction cannot be so conditioned. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, DOES ORDAIN: Section 1. Section 16:52.010 of the Poway Municipal Code shall be amended to read as follows: 16.52.010 Violation— Penalty. Any person, firm or corporation violating any of the provisions of this division shall be deemed .guilty :of an aetien a misdemeanor'. Each such person; firm or corporation shall be deemed guilty of a separate offense for every day during ,any, portion of which any violations of any provisions of this division is permitted, con- tinued or committed by such person, firm or corporation and shall be punishable therefor as provided in this code. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 25th day of February, 1986, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the day of , 1986, by the following roll call vote: AYES: COUNCIINEffiERS: NOES: COUNCIIhEMERS: ABSENT: COUNCILMEMBERS: Carl R. Kruse, Mayor Marjorie K. Wahlsten, City Clerk FEB 2 5 1986 ITEM 7 2Of2