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CC RES 1999-019 RESOLUTION NO. 99-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES IMPLEMENTING A COST RECOVERY PROGRAM FOR NIGHTTIME CURFEW VIOLATIONS WHEREAS, Welfare & Institutions Code Section 625.5 authorizes the City to adopt a .resolution implementing a cost recovery program for nighttime curfew violations; WHEREAS, the City Council is implementing this program to recover the enforcement costs incurred in identifying, detaining, and transporting minors, who violate the nighttime curfew in Chapter 9. 12.020 of the Rancho Palos Verdes Municipal Code, to their places of residence or to the custodial person in charge of the minor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1 . Cost Recovery Program: A. Fee. In accordance with Welfare and Institutions Code Section 625.5 and Rancho Palos Verdes Municipal Code Section 9. 12 . 100, the City may charge a fee for the actual costs incurred by the City for administrative and transportation services in returning a minor, who violates the nighttime curfew in Chapter 9. 12. 020 of the Rancho Palos Verdes Municipal Code, to his or her place of residence or to the custodial person in charge of the minor. Pursuant to Welfare & Institutions Code Section 625.5(d) , said costs shall not be charged for the first violation of Section 9. 12. 020 by a minor. 1. The minor, the minor's parents, and the minor's legal guardian shall be jointly and severally liable for the cost of providing such services. 2 . The Finance Director shall keep an itemized account of all costs incurred by the city in detaining, identifying and transporting a minor violating the nighttime curfew in Chapter 9. 12. 02 0 of the Rancho Palos Verdes Municipal Code. After returning the minor, the Finance Director shall prepare a bill specifying the services rendered, the itemized listing of the costs incurred in rendering these services, the name of the minor, and the names and addresses of the minor, the minor's parents and the minor's legal guardian. The bill shall also inform the billed party of the right to appeal the billing. This bill shall be mailed by certified or registered mail or personally delivered to the minor, and the minor's parents or legal guardian. 990119 R6876-00001 pjn 1690142 (2) B. First Violation. Upon the first violation of the provisions in Chapter 9. 12 . 020, the Finance Director shall comply with all of the requirements specified in Welfare & Institutions Code Section 625.5 (d) . C. Appeal . 1 . Any person receiving an invoice pursuant to this cost recovery program may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Upon the filing of a request for an appeal, a hearing date shall beset, and the City shall notify the appellant of the time and date set for the hearing at least ten days prior to the date fixed for the hearing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the hearing officer. 2 . Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. This decision will indicate whether the charges were imposed validly, and if so, whether the City is imposing the fee against the minor, the minor' s parents and/or the minor' s legal guardian. As provided in Welfare and Institutions Code Section 625.5 (e) , the hearing officer may waive the fee for good cause. The decision issued by the hearing officer may also provide for any of the following: (a) The performance of community service in lieu of the imposition of the fee; (b) A waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor; (c) A waiver of the payment of the fee upon the determination that neither the minor nor the parents or legal guardian has the ability to pay the fee, and (d) A waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian have limited physical or legal custody and control of the minor. 3 . Payment of the bill for the police services shall be suspended until notice of the issuance of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer. Resol . No. 99-19 - 2 - 990119 R6876-00001 pjn 1690142 (2) D. Civil Action. The City may file a civil action to collect any cost recovery fee. PASSED, APPROVED and ADOPTED this 6th day of April, 1999. i / v•------ 07# ► (AYOR ATTEST: / lila / , ■ / 7 6 if C- TY CLERK State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No. 99-19 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 6, 1999. jel 10 /; l / ' i I CITY CLERK Resol . No. 99-19 - 3 - 990119 R6876-00001 pjn 1690142 (2)