city of Chula Vista

File #: 16-0427    Name: Consideration of Amendment to 1.41.110 and 5.66
Type: Action Item Status: Passed
In control: City Council
On agenda: 9/13/2016 Final action: 9/13/2016
Title: CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO REMOVE THE CIVIL PENALTIES CAP AND TO PERMIT CRIMINAL ENFORCEMENT FOR VIOLATIONS OF CHAPTER 5.66 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO REMOVE THE EXISTING CIVIL PENALTIES CAP AND DELETING CHULA VISTA MUNICIPAL CODE SECTION 5.66.030 TO PERMIT CRIMINAL ENFORCEMENT FOR VIOLATION OF CHAPTER 5.66 (FIRST READING)
Attachments: 1. 1.41.110 Civil Penalties Cap Strike Out Version, 2. 5.66 Criminal Provision Strike Out Version, 3. Ordinance - Penalty Cap & Crim Prosecution Prohibition Repeal
Related files: 16-0452
Title
CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO REMOVE THE CIVIL PENALTIES CAP AND TO PERMIT CRIMINAL ENFORCEMENT FOR VIOLATIONS OF CHAPTER 5.66

ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO REMOVE THE EXISTING CIVIL PENALTIES CAP AND DELETING CHULA VISTA MUNICIPAL CODE SECTION 5.66.030 TO PERMIT CRIMINAL ENFORCEMENT FOR VIOLATION OF CHAPTER 5.66 (FIRST READING)

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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.

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SUMMARY
Staff recommends adoption of an ordinance that will amend Chula Vista Municipal Code section 1.41.110 and chapter 5.66 to provide the City with more robust and diverse code enforcement tools, particularly for use in the case of persistent code violators. The proposed ordinance would eliminate the cap on civil penalty assessment (currently set at $100,000) for all violations of the Municipal Code, and would permit the City to prosecute violations of the City's ban on medical marijuana dispensaries as criminal misdemeanors.
ENVIRONMENTAL REVIEW

Environmental Notice
Environmental Notice
This activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA.

BOARD/COMMISSION RECOMMENDATION
Not Applicable

DISCUSSION
The proposed ordinance would amend both section 1.41.110 and chapter 5.66 of the Chula Vista Municipal Code ("CVMC"). Chapter 5...

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