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ORD 570 ORDINANCE NO. 570 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING RECOVERY OF ATTORNEYS' FEES BY PREVAILING PARTY AND AUTHORIZING MEMBERS OF THE LOS ANGELES SHERIFF'S DEPARTMENT'S VOLUNTEERS ON PATROL PROGRAM TO ISSUE PARKING CITATIONS AND AMENDING SECTIONS 1.08.010, 1.16.250, 1.16.260, 5.04.220, 8.16.020, 8.24.090, 8.24.190, 9.28.130, 9.28.160, 9.28.190, 10.32.020, AND 17.02.040 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1. Subsection (C) of Section 1.08.010 of Chapter 1.08, General Penalty, of the Rancho Palos Verdes Municipal Code is hereby amended to read as .. ........... ....... .. . .. ......................... ......... . follows (proposed additions are highlighted): "C. Nuisances. In addition to the penalties provided in subsections A and B of this section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this city, summarily abated as such. Each day that the condition continues shall be considered:a new and separate offense. The prevailing party in any proceeding associated with a violation of the Code, the abatement of a public nuisance, or where a violation of any provision of the Code has been declared a public nuisance, shall be entitled to recovery of attorneys' fees incurred in any such proceeding, where the city has elected, at the initiation of that individual action or proceeding,to seek recovery of its own attorneys'fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or. proceeding." Section 2. Section 1.16.250 of Chapter 1.16 (Administrative Penalties) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed ......... . ............... . . ....................................... . addition highlighted): "1.16.250 - Failure to comply with administrative order. Failure to comply with an administrative order after it becomes final is a misdemeanor and punishable as provided in Chapter 1.08 (General Penalty) of this Code. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. The city shall be entitled to recover its attorneys'fees and costs arising from • an action to gain compliance with the administrative order if it is the prevailing party and provided it made the election to seek attorneys' fees at the commencement of the action. A responsible person shall be entitled to recover his or her attorneys' fees if the city made the election to seek attorneys' fees at the outset of the action 1848430v1 to gain compliance with the administrative order and the responsible person prevails in that action. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding." Section 3. Section 1.16.260 of Chapter 1.16 (Administrative Penalties) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed addition highlighted): "1.16.260 – Remedies Cumulative. The conviction and punishment of any person for failure to comply with any provision of this Code shall not relieve such person from paying any tax, fee, penalty or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or a civil enforcement action or administrative penalty for violation of any of the provisions of this chapter or the Code. All remedies set forth herein are cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter or the Code." Section 4. Section 5.04.220 (Delinquent taxes—Penalties—Installment payment) of Chapter 5.04 (Business Licenses) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed deletions struck-Gut; proposed additions highlighted): "C. In any agreement so entered into, such person shall acknowledge the obligation owed to the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his current license shall be revocable by the collector upon thirty days' notice. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, - - - e- e - e- -= the prevailing party shall be entitled to recovery of all costs of suit, including reasonable attorneys' fees, incurred in any such legal action, where the city has elected, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this chapter, but no penalties shall accrue on account of taxes included in the agreement after the execution of the agreement and during such time as such person is not in breach of the agreement." Ordinance No. 570 Page 2 of 6 Section 5. Section 8.16.020 of Chapter 8.16 (Weed and Debris Blowers) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): "8.16.020 -Violation—Penalty. Violation of this chapter shall be an infraction and punishable as provided in Chapter 1.08 (General Penalty) of this code." Section 6. Subsection C of Section 8.24.090 (Abatement of public nuisances by the city), of Chapter 8.24 (Property Maintenance) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): "C. Notwithstanding compliance with the notice and order, the owner, and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance, including those costs identified in Section 8.24.110A. Moneys due the city pursuant to this subsection may be recovered in an appropriate civil action. Alternatively, costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter. The city shall be entitled to recover its attorneys' fees and costs arising from any abatement action or other civil action to enforce this chapter if the city is the prevailing party and provided it made the election to seek attorneys' fees at the commencement of the action. A responsible person shall be entitled to recover his or her attorneys' fees if the city made the election to seek attorneys' fees at the outset of the action and the responsible person prevails in that action. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding." Section 7. Section 8.24.190 (Penalty for violation) of Chapter 8.24 (Property Maintenance) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed deletions struck—Gut; proposed additions highlighted): "8.24.190 - Penalty for violation. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction therefor, shall be punishable as provided for in Chapter 1.08 of this Code. All remedies set forth herein are cumulative, and the use of any one or more remedies by the cityshall not bar the use'of any other remedy for the purpose of enforcing the provisions of this chapter or the Code." Section 8. Subsection A of Section 9.28.130 (Assessment of costs against property owner or graffiti perpetrator) of Chapter 9.28 (Graffiti Prevention and Removal) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows .. ............................. (proposed additions highlighted): Ordinance No. 570 Page 3 of 6 "A. The city employee shall keep an accounting of the costs of the abatement of the graffiti and shall submit to the city council an itemized report showing such costs of the abatement. Such costs may include, but are not limited to, any and all direct costs and expenses related to abatement of the graffiti such as investigation, measurement, clean up, repairs, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the graffiti removal, clerical and administrative costs, and procedures associated with collecting moneys due hereunder. The city council may modify the report, as the council deems necessary, and shall confirm the report by motion or resolution." Section 9. Subsection B of Section 9.28.160 (Parental liability) of Chapter 9.28 (Graffiti Prevention and Removal) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): "B. Pursuant to California Civil Code Section 1714.1, the parent(s) or legal guardian(s) having custody and control of a minor shall be personally liable for any act of willful misconduct by a minor that results in graffiti for all purposes of civil .. .. ......... damages, including court costs and attorneys' fees to the prevailing party, subject to section 9.28.1 90 of this Code. The parent(s) or legal guardian(s) having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, including any and all costs to the city incurred in connection with the removal of said graffiti, not to exceed twenty-five thousand dollars." Section 10. Section 9.28.190 (Cumulative remedies) of Chapter 9.28 (Graffiti Prevention and Removal) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): "9.28.190 - Cumulative remedies; attorneys' fees. The remedies provided in this chapter are in addition to and do not supersede or limit any other remedies and penalties available under provisions of other applicable city ordinances, the laws of the state of California, or the laws of the United tates. The city shall be entitled to recover its attorneys' fees and costs arising from any civil action or administrative proceeding to enforce the provisions of this chapter and Code if the city is the prevailing party and provided it made the election to seek attorneys' fees at the commencement of the action. A responsible person shall be entitled to recover his or her attorneys' fees if the city made the election to seek attorneys' fees at the outset of the action and the responsible person prevails in that action. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding." Ordinance No. 570 Page 4 of 6 Section 11. Section 10.32.020 Definitions of Chapter 10.32 (Parking Citation Processing) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): " "Issuing officer" means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of the California Penal Code, or the successor statutes a thereto, or any member of the Los Angeles County Sheriffs Department's Volunteers on Patrol Program or any city employee or other person authorized by the city to issue a parking citation." Section 12. Paragraph 2(h) of Subsection C of Section 17.02.040 of Chapter 17.02 (Single-Family Residential (RS) Districts) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions highlighted): "h. If, after ninety calendar days, the foliage has not been removed or trimmed in accordance with the requirements of a view restoration or view preservation permit, the city of Rancho Palos Verdes will authorize a bonded tree service to trim, cull, lace or remove the identified foliage at the owner's expense. In the event that the city is required to perform the work, the foliage owner will be billed for all city expenses incurred in enforcing the view restoration or preservation permit (including reasonable attorney's attorneys' fees). If the property owner does not pay the city for the amount set forth on the invoice, the city may record a lien or assessment against the foliage owner's property, pursuant to Chapter 8.24 of this Code, or pursue any and all available criminal or civil remedies forrecoveryof said city expenses in accordance with paragraph i of this section or chapter 1.08 of the Code." Section 13. Section 17.02.040(C)(2) of Chapter 17.02 (Single-Family Residential (RS) Districts) of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph i to read as follows (proposed additions highlighted): "i. The remedies provided in this section are in addition to and do not supersede or limit any other remedies and penalties available under provisions of other applicable city ordinances, the laws of the state of California, or the laws of the United States. In the event of any violation of this section, the city may pursue any and all available criminal or civil remedies to prevent or remedy violations of this section set forth in chapter 1.08 of the Code or as otherwise provided by taw. The c shall be entitled to recover its aftorneys' fees and costs arising from any civil action or administrative proceeding to enforce the provisions of this chapter and the Code if the city is the prevailing party and provided it made the election to seek attorneys' fees at the commencement of the action. A responsible person shall be entitled to recover his or her attorneys' fees if the city made the election to seek attorneys' fees at the outset of the action and the responsible person prevails in that action. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding." Ordinance No. 570 Page 5 of 6 Section 14. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 15. The City Clerk of the City of Rancho Palos Verdes shall certify to the passage of this ordinance and shall cause same to be posted pursuant to state law within fifteen (15) days after its passage, and this ordinance shall become effective thirty (30) days after its passage. PASSED, APPROVED and ADOPTED, this 7th day of July, 2015. ippr M I fI01.11P' Attest: r City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California, hereby certify that Ordinance No. 570 was introduced at a regular meeting of the City Council of the City of Rancho Palos Verdes held on June 30, 2015, and thereafter was adopted by the City Council at a regular meeting held on the July 7, 2015, and that the same was adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, and Mayor Knight NOES: None ABSENT: Misetich ABSTAIN: None c \ City Clerk Ordinance No. 570 Page 6 of 6 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on July 8, 2015, she caused to be posted the following document entitled: ORDINANCE NO. 570, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING RECOVERY OF ATTORNEYS' FEES BY PREVAILING PARTY AND AUTHORIZING MEMBERS OF THE LOS ANGELES SHERIFF'S DEPARTMENT'S VOLUNTEERS ON PATROL PROGRAM TO ISSUE PARKING CITATIONS AND AMENDING SECTIONS 1.08.010, 1.16.250, 1.16.260,5.04.220, 8.16.020, 8.24.090, 8.24.190, 9.28.130, 9.28.160, 9.28.190, 10.32.020, AND 17.02.040 OF THE RANCHO PALOS VERDES MUNICIPAL CODE , a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 4,:egT7,1 11 City Clerk