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