ORD 608 ORDINANCE NO. 608
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING SECTION 1.08.010 (MISDEMEANORS
— INFRACTIONS - NUISANCES) OF CHAPTER 1.08 (GENERAL
PENALTY) OF TITLE 1 (GENERAL PROVISIONS) CLARIFYING
THE LEGAL REMEDIES AVAILABLE TO THE CITY FOR
VIOLATIONS OF THE MUNICIPAL CODE; AMENDING SECTION
1.16.160 (REQUEST FOR CONTINUANCE OF HEARING) OF
CHAPTER 1.16 (ADMINISTRATIVE PENALTIES) OF TITLE 1
(GENERAL PROVISIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ALLOW AN APPEAL HEARING TO BE
POSTPONED BEYOND THE CURRENT 90-DAY REQUIREMENT
IF REQUESTED BY THE CITEE; AND AMENDING SECTION
1.16.240 (APPEAL OF DECISION OF ADMINISTRATIVE
HEARING OFFICER) OF CHAPTER 1.16 (ADMINISTRATIVE
PENALTIES) OF TITLE 1 (GENERAL PROVISIONS) TO ALLOW
THE CITY TO FILE AN APPEAL WITH THE LOS ANGELES
SUPERIOR COURT.
WHEREAS, the City of Rancho Palos Verdes Municipal Code (RPVMC) Chapter
1.16 enforces Code sections primarily by issuing administrative citations; and,
WHEREAS, Chapter 1.16 provides that administrative citation appeal hearing
must be heard no later than 90 days following the filing of the appeal, and that a citee
may appeal the result of the appeal hearing to the Superior Court; and,
WHEREAS, the City Council wishes to clarify that the 90-day time limitation to set
the appeal hearing is directory rather than mandatory; and,
WHEREAS, the City Council wishes to provide the City with the same appeal right
to the Superior Court as a citee; and,
WHEREAS, the City Council further wishes to clarify existing law that the City may
enforce its laws through all legal means, and that remedies shall not be exclusive of each
other.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated fully herein.
Section 2. Section 1.08.010 (Misdemeanors — Infractions — Nuisances) of
Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of the Rancho Palos
Verdes Municipal Code is hereby amended, in its entirety, to read as follows:
"A. Each Day A Separate Violation. Each person is guilty of a separate
offense for each and every day during any portion of which any
01203.0005/485951.4
violation of any provision of this Code is committed, continued or
permitted by such person and shall be punishable accordingly.
B. 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 to comply with an administrative order is guilty
of a misdemeanor, (3) any violation of any City approval constitutes
a violation of this Code, unless 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.
C. 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. 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.
5. 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.
D. Nuisances.
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Ordinance No. 608
Page 2 of 5
1. In addition to the penalties provided in subsections A and B of
this section and in Chapter 1.16, 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 abated as such at law or
equity. Prior to seeking civil or equitable relief, the City shall provide
the person responsible for the public nuisance with notice and a
reasonable opportunity to cure.
2. Notwithstanding any other provisions of this chapter with
reference to the abatement of public nuisances, whenever the City
Manager or his/her duly authorized representative determines that
property, a building or structure is structurally unsafe, or constitutes
a fire hazard, or is otherwise imminently dangerous to human life,
and such condition constitutes an immediate hazard or danger,
he/she may immediately and forthwith abate the existing public
nuisance to the extent necessarily to address the imminent danger.
3. 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.
E. Notwithstanding anything to the contrary in this Code or any
administrative policy of the City, all enforcement remedies available
to the City 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 3. Section 1.16.160 (Request for Continuance of Hearing) of Chapter
1.16 (Administrative Penalties) of Title 1 (General Provisions) of the Rancho Palos Verdes
Municipal Code is hereby amended, in its entirety, to read as follows:
"Within 30 days of receipt of a written appeal by the citee, the City shall
schedule the hearing before a hearing officer. The citee requesting a
hearing may request one (1) continuance, and the City may continue the
hearing on its own initiative for good cause. Holding the hearing beyond
30 days of the appeal shall not invalidate the citation."
Section 4. Section 1.16.240 (Appeal of Decision of Administrative Hearing
Officer) of Chapter 1.16 (Administrative Penalties) of Title 1 (General Provisions) of the
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Ordinance No. 608
Page 3 of 5
Rancho Palos Verdes Municipal Code is hereby amended, in its entirety, to read as
follows:
"Within 20 days after service of the administrative hearing officer's
decision upon the responsible person/citee, either the responsible
person/citee or the City may seek review of the administrative hearing
officer's decision by filing a notice of appeal and paying the appeal fee, if
required, set forth in Government Code § 53069.4(b)(2) or its successor
with the Los Angeles Superior Court (Southwest District/Torrance). The
appealing party shall serve a copy of the notice of appeal either in person
or by first class mail upon the non-appealing party. If either the responsible
person/citee or the City fails to timely file a notice of appeal, the
administrative order shall be deemed confirmed."
Section 5. Adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA Guidelines,
which provides that CEQA only applies to projects that have the potential for causing a
significant effect on the environment. It can be seen with certainty that there is no
possibility that adoption of this ordinance, amending existing sections to the City's
municipal Code to clarify the intent, will have a significant effect on the environment.
Therefore, adoption of this ordinance is not subject to CEQA.
Section 6. 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.
Section 7. The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 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 8. This Ordinance shall take effect at 12:01 AM on the 31st day after its
passage.
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Ordinance No. 608
Page 4 of 5
PASSED, APPROVED and ADOPTED this 4th day of September 2018.
M or
ATTES
ti
l'grallror lerk
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, California, do
hereby certify that the foregoing Ordinance No. 608 was duly introduced at a regular
meeting of the City Council held on the 17th day of July 2018, and was duly approved and
adopted at a regular meeting of said City Council held on the 4th day of September 2018,
by the following roll call vote:
AYES: Alegria, Cruikshank, Duhovic, Dyda and Mayor Brooks
NOES: None
ABSENT: None
ABSTAIN: None
VAWITIE City Clerk
01203.0005/485951.4
Ordinance No. 608
Page 5 of 5
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 City Clerk of
the City of Rancho Palos Verdes;
That on September 5, 2018, she caused to be posted the following
document entitled: ORDINANCE NO. 608, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING
SECTION 1.08.010(MISDEMEANORS—INFRACTIONS—NUISANCES)
OF CHAPTER 1.08 (GENERAL PENALTY) OF TITLE 1 (GENERAL
PROVISIONS) CLARIFYING THE LEGAL REMEDIES AVAILABLE TO
THE CITY FOR VIOLATIONS OF THE MUNICIPAL CODE; AMENDING
SECTION 1.16.160(REQUEST FOR CONTINUANCE OF HEARING)OF
CHAPTER 1.16(ADMINISTRATIVE PENALTIES)OF TITLE 1 (GENERAL
PROVISIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
TO ALLOW AN APPEAL HEARING TO BE POSTPONED BEYOND THE
CURRENT 90-DAY REQUIREMENT IF REQUESTED BY THE CITEE;
AND AMENDING SECTION 1.16.240 (APPEAL OF DECISION OF
ADMINISTRATIVE HEARING OFFICER) OF CHAPTER 1.16
(ADMINISTRATIVE PENALTIES)OF TITLE 1 (GENERAL PROVISIONS)
TO ALLOW THE CITY TO FILE AN APPEAL WITH THE LOS ANGELES
SUPERIOR COURT,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 for: • •ing is a true and correct affidavit of
posting. N
'411111214.,
-city Clerk