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HomeMy WebLinkAboutOrdinance 002 ORDINANCE NO 2 AN ORDINANCE OF THE CITY OF ATASCADERO PROVIDING THAT ALL ORDINANCES OF THE COUNTY OF SAN LUIS OBISPO APPLI- CABLE BEFORE INCORPORATION SHALL REMAIN IN FULL FORCE AND EFFECT" AS CITY ORDINANCES, DECLARING AN URGENCY AND ' PROVIDING THAT THE ORDINANCE TAXES EFFECT I�IMEDIATELY. THE COUNCIL OF THE CITY OF ATASCADERO ORDAIUS as follows: 4 Section 1. County Ordinances in Effect_ as, City Ordinances. All ordinances of the County 'of San Luis Obispo applicable within the territory now incorporated as the City of Atascadero to the extent that they applied :before incorporation shall- remain in ' full force and effe-t as ordinances of the City of Atascadero. The county ordinances to apply to the City of Atascadero shall include -the provisions of the San Luis Obispo County Code, and s-upplements thereto. Section 2. Declaration of -Intent. ' Certain provisions of the county ordinances referred to in Sec- tion 1 of this ordinance reflect the county governmental s:-ructure and contain references to officials, official titles, commissions, and other designations which are not a part of the structure of this City' s government. In order to effectively and intelligently admin- ister the county ordinances to 'the extent that they are continued in effect by this ordinance, it is the purpose of this ordinance to provide for the substitution of the appropriate city official, title, or designation in county ordinances. Section 3. Substitution of Appropriate References to Citi. (a) Whenever in the ordinances of the County of San Luis ' Obispo which are continued in effect by the City there is a refer- ence to "Board of Supervisors" , this reference shall be interpreted to mean the "Council of the City of Atascadero" (b) Whenever in the ordinances of the Countof r County San Luis Obispo which are continued in effect by the City there is a refer- ence to an office, official title, or other designation, the refer- ences shall be interpreted to Mean that office, title, or designation in the governmental structure of the City, or if there is none, the official or titleholder in the City who performs the functions re- ferred to or the duties imposed. (c) Whenever it is appropriate under the circumstances, and ir. the ordinances of the County of San Luis Obispo which are continued : fr -1- 5 5/'79 7 ORDINAWL E NO. 2 in effect by the City, there is a reference to the "County of San Luis Obispo" , said reference shall be interpreted to mean the "City of Atascadero" . (d) Whenever in the ordinances of the County of San Luis Obispo which are continued in effect by the City there is a refer- ence to "Planning Commission" , "Board of Zoning Adjustment" , "Board. of Appeals" , or- "Zoning Administrator" ,this reference shall be interpreted to mean that these agencies or officials are acting as the agents of the City of Atascadero. Section 4. Duration. of County Ordiiiances Within .Cit -. Each ordinance of the County of San Luis Obispo which remains in effect as 'a city ordinance by virtue of- Section -1 of this ordi- nance shall remain in effect as a city ordinance for a period of one hundred twenty (120) days or until the Council adopts an ordi- nance superseding it, whichever last in time occurs. Section a.. Manner of Superseding County- Ordinances Within 120'=Day Period. No city ordinance enacted within the 120-day period of time ' shall be deemed to supersede a county ordinance unless the city ordinance specifically refers to the county ordinance and states an intention to supersede it. ' Section 6 . Enforcement of Continuing County Ordinances. The enforcement of the county ordinances continuing in effect in the incorporated area shall he by the City except insofar as services of enforcement are furnished by the County in accordance with Government Code Section 34333. Section 7. Interpretation. ' Whenever there is a conflict between the provisions of the Atascadero General Plan and the county ordinances adopted by this ordinance, the provisions of -the Atascadero General Plan shell control, unless specifically prohibited by state law, provided, however, that sa.Id provisions shall be interpreted and applied in harmony wherever possible. Section 8.. Authority for Enactment. This ordinance is adopted under Government Code Section 34328. 5. ' Section 9 . Declaration of Facts Constituting Urgency. This ordinance is an urgency ordinance and is for the in4mediate preservation of the public peace, health, and safety. The facts -2- ORDINANCE NO. 2 constituting urgency are these : the City of Atascadero is newly incorporated and it comprises territory formerly unincorporated. Government Code Section 34328. 5 of the State of California provides that the City shall immediately upon organization and before per- forming any other act adopt an ordinance providing that all the county ordinances applicable before the incorporation shall remain in full force and effect as city ordinances for 120 days or until the Council has enacted ordinances superseding them. It is neces- sary that this ordinance take effect immediately in order to have continuity in the existence, application, administration, and en- forcement of the same ordinances in the City which applied before incorporation until Council may enact ordinances superseding them. Section ' 10. Taking Effect. This ordinance, being an emergency ordinance for the immediate- protection of the public safety, health, and general welfare, con- taining a declaration of the facts constituting the urgency, and passed by a four-.fifths (4/5) vote of the Council shall take effect immediately upon its adoption. Section 11. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the 4"1ASCA e(2t, NEWS a newspaper of general circulation, printed, published and circulated in this City; shall certify to the adoption and publication of this ordinance; and shall cause this ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of this City. ' The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the Council held on 7- -'Zu lel „ , 1979, by the following vote: Ayes: AfAyoR WiLONS ehuAted mny STovrtt tlAch4y/ 14161-tiAwl) ffiruts t/ Noes: 4ON 11 Absent: 1404- YOR ATTSST Y ERK 3 CERTIFICATION I hereby certify that the foregoing is a full, true, ' and correct copy of Ordinance No. 2 passed by the Atascadero City Council at its regular Council meeting held on July 2, 1979 r M4RrY L ARDEN, City Clerk i f Atascadero, California i 1 i 1 , 1 1 1 ORDINANCE NO. r I hereby certify that the foregoing is a full, true, and cor- rect copy of Ordinance No. 2 passed by the City Council of ' Atascadero. at its regular Council meeting held on '2- ,3k 6 )9 , 1979. e d��wa' _ IT CLE RA- -4-