ORD 512 ORDINANCE NO. 512
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 1.08 (GENERAL PENALTY) AND CHAPTER
1.16 (ADMINISTRATIVE PENALTIES) OF TITLE 1 (GENERAL
PROVISIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATING TO THE ADMINISTRATIVE CITATION ORDINANCE.
WHEREAS, pursuant to Ordinance No. 473, the City of Rancho Palos Verdes
enacted Chapter 1.16 of the City of Rancho Palos Verdes Municipal Code to implement
an Administrative Citation Ordinance for the expeditious resolution of violations of the
Municipal Code, which such remedy is in addition to criminal, civil or other legally
established process that may be pursued to address Code violations and is reasonably
necessary to protect the health, safety and welfare of the citizens of the City of Rancho
Palos Verdes; and
WHEREAS, Chapter 1.08 contains the general penalty provisions applicable to
issuance of criminal citations associated with violations of the Municipal Code; and
WHEREAS, it is necessary to amend Chapters 1.08 and 1.16 to further
implement the provisions of the City's Administrative Citation Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Chapter 1.08 (General Penalty) of Title 1 (General Provisions) of
the Municipal Code is hereby amended to add Section 1.08.040 as follows:
"1.08.040 Concurrent authority.
Any officers and employees, and any other persons designated to
do so by this Code or the City Manager, shall have the concurrent
authority to issue administrative citations pursuant to Chapter 1.16
(Administrative Penalties) of Title 1 (General Provisions) of this Code."
Section 2: Section 1.16.020 (Definitions) of Chapter 1.16 (Administrative
Penalties) of Title 1 (General Provisions) of the Municipal Code is hereby amended to
revise the following definition:
" "Citing official" means any city employee, any member of the Los
Angeles County sheriffs department, any member of the Mountains
Recreation and Conservation Authority providing park ranger services,
and any other person designated by the City Manager who is authorized
to enforce provisions of this Code."
Ordinance No. 512
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Section 4: Subsection (A) of Section 1.16.110 (Administrative fine -- citations
and compliance orders) of Chapter 1.16 (Administrative Penalties) of Title 1 (General
Provisions) of the Rancho Palos Verdes Municipal Code is hereby amended as follows:
"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 amount of one-hundred dollars
($100) for the first violation, two hundred dollars ($200) for the second
violation of the same provision of this Code within twelve months of the
first violation, and five hundred dollars ($500) for the third and each
additional violation of the same provision of this Code within twelve
months of the first violation."
Section 5: Subsection (C) of Section 1.16.110 (Administrative fine -- citations
and compliance orders) of Chapter 1.16 (Administrative Penalties) of Title 1 (General
Provisions) of the Rancho Palos Verdes Municipal Code is hereby amended as follows:
"C. Administrative fines assessed for failing to fully comply with a compliance
order or administrative citation are a debt owed to the City."
Section 6: Section 1.16.260 (Remedies Cumulative) is hereby added to
Chapter 1.16 (Administrative Penalties) of Title 1 (General Provisions) of the Rancho
Palos Verdes Municipal Code as follows:
"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. 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 7: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase in this Ordinance or any part thereof is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
Ordinance No. 512
Page 2 of 3
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional,
or invalid, or ineffective.
Section 8: Posting. 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.
Section 9: Effective Date. This Ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this 3rd day of August, 2010.
4011/A, ,A-s
ayo r
ATTEST:
I/ �11 _
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 numbers of members of the City Council of said City is five; that
the foregoiong Ordinance No. 512 passed first reading on July 20, 2010, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 3, 2010, and that the same was passed and adopted by the following roll call
vote:
AYES: Campbell, Misetich, Stern, Long and Wolowicz
NOES: None
NOES: None
ABSTAIN: None
i
City Clerk
Ordinance No. 512
Page 3 of 3
RANCHOPALOSVERDES
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 August 5, 2010, she caused to be posted the following document
entitled: ORDINANCE NO. 512 - AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 1.08 (GENERAL
PENALTY) AND CHAPTER 1.16 (ADMINISTRATIVE PENALTIES) OF
TITLE 1 (GENERAL PROVISIONS)OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE CITATION
ORDINANCE, 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.
&icati )/ ./ /-
City Clerk
W:\City Council Ordinances\affidavits\Form 150-Affidavit of Posting Ordinance No.512.doc