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CC SR 20170321 J - Administrative CitationsRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 03/21/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to amend the Rancho Palos Verdes Administrative Citation Fine Schedule to include, as a second tier fine, violations of the City's Municipal Code for the advertisement of short-term rentals in the City's single-family and multi- family residential zoning districts. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution 2017-_, A RESOLUTION AMENDING THE SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2017-09. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Julie Peterson, Code Enforcement Officer p- REVIEWED BY: Ara Mihranian, AICP, Director of Community Development$ APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2017-_ (page A-1) BACKGROUND AND DISCUSSION: On December 20, 2016, the City Council introduced Ordinance No. 593 that affirmed the City's prohibition against the operation and advertisement of short-term rentals in the City's single-family and multi -family residential zoning districts. Ordinance No. 593 was adopted on January 17, 2017. At the December 20, 2016, meeting, the City Council, as a separate agenda item, adopted Resolution No. 2016-57, amending the City's Administrative Citation Fine Schedule by creating a two-tier penalty fine structure. The more punitive second tier of (higher) penalty fines was approved to apply to, among other things, the violations of the advertising or operating bans on short-term rentals. However, Resolution No. 2016-57 inadvertently omitted a reference to the advertisement of short-term rentals. 01203.0005/328717.1 1 Since its adoption in December 2016, the Administrative Citation Fine Schedule was amended on March 7, 2017, to add second-tier penalties for violations of the Social Host Liability Ordinance by the adoption of Resolution No. 2017-09. Thus, the proposed Resolution (Attachment A) includes a revised Administrative Citation Fine Schedule that now includes, as a second-tier penalty, the advertisement of short-term rentals, and rescinds Resolution No. 2017-09. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Identify issues with the proposed amendment to the Administrative C itation Fine schedule and provide direction to Staff for City Council consideration at a future meeting. 2. Take no action on Staff's recommended amendment to the Administrative Citation Fine schedule. 01203.0005/328717.1 2 RESOLUTION NO. 2017- A RESOLUTION AMENDING THE SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2017-09. WHEREAS, Section 1.16.110(A) of the Rancho Palos Verdes Municipal Code provides that the fine imposed pursuant to Chapter 1.16 (Administrative Penalties) for a particular violation shall be in the amount set forth in the administrative citation penalty schedule established by resolution of the City Council; and, WHEREAS, on December 20, 2016, the Rancho Palos Verdes City Council adopted Resolution No. 2016-57, thereby establishing a schedule of Tier 2 Penalty Fines for specified violations of the Rancho Palos Verdes Municipal Code; and, WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 593 thereby amending Chapters 17.02. 17.04, and 17.96 of Title 17 (Zoning) affirming the prohibition of short-term rentals and prohibiting the advertisement of short-term rentals in the City's single-family and multi -family residential districts; and, WHEREAS, the City Council desires to issue administrative citations to those who violate the City's prohibition of the advertisement of short-term rentals in the City's single- family and multi -family residential zoning districts; and, WHEREAS, the addition of penalties for violations of the prohibition of advertising short-term rentals in the City's single-family and multi -family residential zoning districts to the Tier 2 Penalty Fines are necessary to preserve the health and safety of City residents and to deter specific violations of the Municipal Code. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby resolve as follows: Section 1: The above recitals are found to be true and are incorporated herein by reference. Section 2: The administrative penalty amounts set forth and attached hereto are hereby established for violations of the Rancho Palos Verdes Municipal Code. Section 3: Any penalty amount imposed pursuant to Chapters 1.08 and 1.16 of the Rancho Palos Verdes Municipal Code and this Resolution shall be deemed delinquent if it is not paid in accordance with the terms and provisions of Chapters 1.08 and 1.16. Any person who fails to pay the City the amount of any penalty imposed A-1 pursuant to the provisions of Sections 1.08.010 and 1. 16.110 of the Rancho Palos Verdes Municipal Code and this resolution on or before the date that the fine amount is due shall be liable for the payment of an addition delinquency penalty. The delinquency penalty is equal to ten percent (10%) of the amount of the penalty remaining unpaid to the City if a portion of the penalty amount was timely paid. Interest shall accrue on all delinquent penalty amounts, exclusive of the delinquency penalties, at the rate of one half of one percent (0.5%) per month, pro rata, of the total delinquent penalty amount, from the date the penalty becomes delinquent until the date that all delinquent penalty amounts are paid to the City. Section 4: In addition to any administrative penalties specified for violations of the Rancho Palos Verdes Municipal Code, there shall be a separate penalty collected in connection with the permit application to legalize any construction, use, or activity that has occurred without required City permits or approvals. Such penalty shall be equal to triple the amount of the applicable permit fee specified in the City's Master Fee Schedule. ADMINISTRATIVE CITATION PENALTY FINE SCHEDULE Tier 1 Penalty Fines Violation Type 1St Citation 2nd Citation 3rd Citation Yard Maintenance $100 $200 $500 Property Maintenance $100 $200 $500 Animal Violations (not handled by LACO) $100 $200 $500 Rubbish/Trash Can $100 $200 $500 Banner/Signs $100 $200 $500 Graffiti $100 $200 $500 NPDES Violation $100 $200 $500 Tier 2 Penalty Fines Violation Type 1St Citation 2nd Citation 3rd Citation Violation of any conditions of approval (including Conditional Use Permits) $2,500 $5,000 $7,500 Resolution No. 2017 - Page 2 of 3 A-2 Advertising or operating a short- term rental in the City's residential $2,500 $5,000 $7,500 (RS or RM) zoning district, per occurrence. Building/working after Stop -Work $2,500 $5,000 $7,500 Notice Building/working with expired permits $2,500 $5,000 $7,500 Violations of Social Host Liability $2,500 $5,000 $7,500 Ordinance, per occurrence Section 5: Resolution No. 2017-09 is hereby rescinded. PASSED, APPROVED and ADOPTED this 21St day of March 2017. Mayor ATTEST: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2017-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 21, 2017. City Clerk Resolution No. 2017 - Page 3 of 3 A-3