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ORD 584 ORDINANCE NO. 584 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 1.08.010 OF CHAPTER 1.08 AND SECTIONS 1.16.010 AND 1.16.110 OF CHAPTER 1.16 OF THE MUNICIPAL CODE TO CLARIFY VIOLATIONS OF CONDITIONS IMPOSED BY ANY CITY APPROVAL SHALL CONSTITUTE A VIOLATION OF THE CODE; AND INCREASING TO A MISDEMEANOR ANY INSTANCE OF FOUR OR MORE VIOLATIONS WITHIN A YEAR. WHEREAS, the City Council of the City of Rancho Palos Verdes seeks to clarify that violations of conditions imposed by City approvals, including but not limited to conditional use permits and other development permits, shall constitute a violation of the Rancho Palos Verdes Municipal Code ("RPVMC"). WHEREAS, the City Council believes that the above referenced clarification is necessary for the effective enforcement of City approvals; WHEREAS, there is an increased need to impose stricter penalties on repeat violators of the RPVMC; WHEREAS, making four or more violations within one year a misdemeanor will serve as an effective enforcement tool and deterrent for repeat violations. WHEREAS, on June 21, 2016 Ordinance No. 584 was introduced to the City Council of the City of Rancho Palos Verdes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council finds that the amendments to Chapters 1.08 and 1.16 of the RPVMC will preserve the public health, safety, and general welfare achieved by conditions imposed by City approvals. Section 2: Section 1.08.010, of Chapter 1.08 is hereby amended to read in its entirety as follows (the underlined text represents new language; the text in is to be deleted): 1.08.010 - Misdemeanors—Infractions--Nuisances. A. Misdemeanors. No person shall violate any provisions or fail to comply with any of the requirements of this code. Any person who: (1) violates any provision or fails to comply with any requirement of this code; or (2) fails = =- - - -= ..'-' - ' - '-- = = comply with an administrative order is guilty of a misdemeanor, (3) any violation of any city approval constitutes a violation of this code, unless (a) the violation or failure to comply is expressly stated by this code to be an infraction or is subsequently prosecuted as an infraction in the discretion of the city attorney, in which case such person is guilty of an infraction and shall be punished as provided in subsection B of this section. - • .- '- .=- - - - -•-- - - - - - - • - • - - • - - -- - - - -- - Any conviction of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly. B. Infractions. Any person violating any provision or failing to comply with any mandatory requirement of this code expressly stated by this code to be an infraction is guilty of an infraction_. - - -- •e- . - . .... • . . - . ..•-• • - •.- • - - . - A - •-'- • - -• '- - -. Any conviction for an infraction shall be punishable by: 1. A fine not exceeding $100 for a first violation; 2. A fine not exceeding $200 for a second violation of the same provision of this code within one year; 3. A fine not exceeding $500 for a third violation of the same provision of this code within one year of the first violation. 4. All additional violations of the same provision of this code within one year of the first violation shall constitute a misdemeanor which may be cited as an infraction in the discretion of the issuing officer or prosecuting attorney. However, notwithstanding the foregoing, any conviction for a violation of a city building and safety code shall be punishable by: a. A fine not exceeding $100 for a first violation; b. A fine not exceeding $500 for a second violation of the same provision of this code within one year; c. A fine not exceeding $1,000 for each additional violation of the same provision of this code within one year of the first violation. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly. 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 3: Section 1.16.010, of Chapter 1.16 is hereby amended to read in its entirety as follows (the underlined text represents new language; the text in is to be deleted): 1.16.010 -Scope. Ordinance No. 584 Page 2 of 4 This chapter provides for an administrative remedy for any violation of this Code, including continuing violations related to building, plumbing, electrical, or other similar structural or zoning issues or any violation of any condition of any city approval -- == -= - -- - - • .-••--=•- - - - - _ --. - _ - . This remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law. The city attorney or city prosecutor or their respective assistants shall have sole discretion to determine whether a violation will be prosecuted criminally. Section 4: Section 1.16.110, of Chapter 1.16 is hereby amended to read in its entirety as follows (the underlined text represents new language; the text in strikethrough is to be deleted): A. The fine imposed pursuant to this chapter for a particular violation shall be in the amount set forth in the administrative citation penalty schedule established by resolution of the city council. The administrative citation penalty schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine. For any violation of this Code for which no specific administrative penalty is established in this Code or by the city council, the fine shall be in the same amount as listed in section 1.08.010 of this Code. B. Pursuant to Section 1.08.010 of this Code, each day during which a violation of any provision or requirement of this Code is committed, continued, or permitted, constitutes a separate offense. Accordingly, the citing official may assess a fine according to the schedule referred to in subsection A of this section for each day from the date for compliance specified in the compliance order until the date the violation is fully corrected as determined by the enforcement official. The administrative citation shall specify the date by which the fine must be paid. C. Administrative fines assessed for failing to fully comply with a compliance order or administrative citation are a debt owed to the city. D. If the responsible person provides written notice to the citing official that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the citing official to be the date when the violation was corrected. If, however, a final inspection confirmed compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be deemed to be the date when the violation was corrected. Section 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ordinance No. 584 Page 3 of 4 Section 6: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 7: This Ordinance shall go into effect and be in full force and effect on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED this 19th day of July 2016 ,:-...„-- /0 (. /...it,„_ / ) , / `; Yor Attest: c...444/ l i City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) • I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 584 passed first reading on June 21, 2016, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 19, 2016, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell ABSTAIN: None ,,, C77 City Clerk Ordinance No. 584 Page 4 of 4 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 25, 2016, she caused to be posted the following document entitled: ORDINANCE NO. 584,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 1.08.010 OF CHAPTER 1.08 AND SECTIONS 1.16.010 AND 1.16.110 OF CHAPTER 1.16 OF THE MUNICIPAL CODE TO CLARIFY VIOLATIONS OF CONDITIONS IMPOSED BY ANY CITY APPROVAL SHALL CONSTITUTE A VIOLATION OF THE CODE;AND INCREASING TO A MISDEMEANOR ANY INSTANCE OF FOUR OR MORE VIOLATIONS WITHIN A YEAR, 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. ity Clerk