CC SR 20160621 03 - Code Modifications to Address Repeat Code ViolationsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/21/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to modify the Rancho Palos Verdes Municipal Code
to address repeat code violations.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution 2016-_, A RESOLUTION ESTABLISHING A SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE
CITY OF RANCHO PALOS VERDES MUNICIPAL CODE; and,
(2) Introduce Ordinance No. , 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 THAT 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.
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, Community Development Director ;'
APPROVED BY: Doug Willmore, City Manager Vv` ``
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2016 (page A-1)
B. Ordinance No. (page B-1)
C. Red -lined version of Ordinance language (page C-1)
BACKGROUND AND DISCUSSION:
At the February 16, 2016, City Council meeting, Councilman Duhovic raised a concern
with the City's current process to penalize repeat code offenders. His concern
pertained to individuals who repeatedly and blatantly ignore compliance with City
mandates, such as conditions of approval. In response, the City Staff and the City
Attorney have reviewed the current Code language, and recommend amendments to
the Code and the fee schedule to bolster the penalties for repeat code offenders.
1
Current Code Enforcement Procedures
The Code Enforcement Division's mission is to gain voluntary compliance from property
owners who are found to be in violation of the Rancho Palos Verdes Municipal Code
(RPVMC). The majority of the City's code enforcement program is reactive to
complaints (except for property maintenance and life and safety issues), requiring the
investigation of code violations. If a violation is observed, a series of notices are sent to
the property owner with the intent to remedy the code violation prior to resorting to an
escalated enforcement process that involves the City Attorney.
Often times, bringing a property into compliance may be time-consuming for the
property owner, and therefore, a reasonable length of time is typically allowed to
complete the necessary work, such as preparing plans, foliage trimming, painting, or
repairing a structure. In summary, the following notification and compliance process
occurs to abate a violation:
• 1St notification - 30 calendar days
• 2nd notification - 14 calendar days.
• 3rd notification — 7 calendar days (final notification)
For violations where compliance is relatively simple, such as trash container storage,
illegal signage, or illegal vehicle storage on a property, a shorter notification and
compliance process is applied. For these types of violations, a compliance deadline of
7 days for the first notice, and 7 days for a final notice are used.
In some cases when compliance has not been achieved after the final notice has been
sent, the violating party will receive their first administrative citation, which is due and
payable within 30 days. The administrative penalties and procedures for violations of
the City's Municipal Code were first adopted by the City Council as Ordinance No. 473
in June 2008. At the same time, the Council adopted Resolution No. 2008-44
establishing the administrative citation penalty fee schedule, as summarized below:
First citation - $55
Second citation - $100
Third citation - $250
The exception to the above is for construction that continues to take place after a "stop
work" notice has been issued or construction that occurs with expired permits, where
the citation fee schedule is as follows:
• First citation - $100
• Second citation - $200
• Third citation - $500
When a property remains out of compliance for an unreasonable amount of time, the
case is then referred to the City Attorney's office for further enforcement.
2
Proposed Amendments to the Administrative Citation Fee Schedule
Property maintenance violations, trash container violations, illegal signs and banners,
non -permitted construction, graffiti, and other property maintenance related issues as
outlined in RPVMC Chapter 8.24.060 are considered public nuisances, and violations
can be prosecuted as an infraction or misdemeanor at the discretion of the City.
Government Code Section 36900 sets the maximum penalty fee a local jurisdiction can
impose for infractions in the State of California. Currently, the City's administrative
citation penalty fees are below the maximum amounts permitted by the State. In an
effort to encourage violators to bring their properties into conformance and to
discourage repeat offenses, Staff suggests increasing the penalty fees to the maximum
amounts allowed by the State, as described below and in Attachment A:
• First Violation —Increase fee from $55 to $100
• Second Violation (of the same code provision within one year) — increase fee
from $100 to $200
• Third Violation (of the same code provision within one year) — increase fee from
$250 to $500
• Fourth Violation (of the same code provision within one year) — shall be deemed
a misdemeanor. Fines for misdemeanor violations can be as high as $1,000.
Please note the City retains discretion to enforce violations of the code as a
misdemeanor for first-time violations should it determine it is appropriate given
the facts and circumstances of the case.
Violations of building and safety codes are the exception to the penalty fees described
above where the State allows local jurisdictions to impose a higher fee. Typically these
types of violations involve construction that continues to take place after a "stop work"
notice has been issued or for construction that occurs with expired permits. Staff
suggests increasing the penalty fees to be aligned with the maximum amounts the State
allows for such violations, as described below:
First Violation — Maintain existing fee at $100
Second Violation (of the same code provision within one year) — increase fee
from $200 to $500
Third Violation (of the same code provision within one year) — increase fee from
$500 to $1,000
Additionally, violations of conditions of approval of a development permit issued by the
City will be added to the administrative citation fee schedule, based on the $100, $200,
and $500 respective penalty fee schedule. Code Enforcement Staff will follow the same
procedures discussed earlier in notifying the property owner of the alleged violation of a
condition of approval. To reiterate, pursuant to Government Code Section 36900, a
stiffer penalty fee cannot be imposed for violations of conditions of approval because it
is not related to building and safety codes.
9
Proposed Amendments to Sections 1.08.010. 1.16.010 and 1. 16.110 of the RPVMC
The City routinely processes and approves permits for a variety of land uses. These
permits include, but are not limited to, Conditional Use Permits and other development
permits, such as Height Variations, Grading Permits, Variances, and View
Restoration/Preservation permits. Often, when a permit is approved, it is conditionally
approved. Those conditions are imposed to protect the community from impacts that
may result from a particular land use. In some instances, the City has learned that
permittees are not complying with the City -approved conditions of approval.
Accordingly, it is recommended (Attachments B and C) that the RPVMC be amended to
clarify that the violations of any condition of any City approval constitutes a violation of
the RPVMC. As a violation of the RPVMC, the City has the authority to issue
administrative citations (accompanied by the appropriate fine) to permittees in violation
of the conditions of approval. In addition, the City could also choose to criminally
prosecute the violation.
Further, as indicated above, language is proposed that states a fourth violation of the
same code provision within a one-year period shall constitute a misdemeanor, and
would be subject to stiffer penalties. Staff also recommends some minor wording
corrections to further clarify the Code as depicted in the attached draft ordinance.
Equipped with this enforcement mechanism, the City is more likely to bring permittees
into compliance with the required conditions of approval, thereby protecting the
community.
CONCLUSION:
When voluntary compliance cannot be achieved through the Code Enforcement
notification process, the use of administrative citations is another avenue available to
Staff before referring the case to the City Attorney's office for further enforcement.
Currently, administrative citations do not clearly apply to violations of conditions of
approval for City -approved development permits. Including these violations in the
administrative citation process, as well as increasing the fees for administrative
citations, will reinforce the penalties for repeat code offenders and will help bring
violations into compliance.
ALTERNATIVES:
1. Identify issues with the proposed amendments to the administrative
citation fee schedule and/or the proposed amendments to RPVMC
Sections 1.08.010, 1.16.010 and 1.16.110, and provide Staff direction for
Council consideration at a future meeting.
2. Take no action on Staff's recommended amendments to the administrative
citation fee schedule and/or the proposed amendments to RPVMC
Sections 1.08.010, 1.16.010 and 1.16.110.
El
RESOLUTION NO. 2016-
A RESOLUTION ESTABLISHING A SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS FOR
VIOLATIONS OF THE CITY OF RANCHO PALOS VERDES
MUNICIPAL CODE.
WHEREAS, Sections 1.08.010 (B) of the Rancho Palos Verdes Municipal
Code provides that the amounts of fines for code violations imposed pursuant to
Chapter 1.08 of the Rancho Palos Verdes Municipal Code can be imposed in
accordance to the City's schedule of administrative penalties;
NOW THEREFORE, be it resolved by the City Council as follows:
Section 1: The administrative penalty amounts set forth attached hereto
are hereby established for violations of the Rancho Palos Verdes Municipal Code;
Section 2: Any penalty amount imposed pursuant to Chapter 1.08 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. Any person who fails to pay the City the amount of any penalty imposed
pursuant to the provisions of Chapters 1.08.010 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 3: In addition to any administrative penalties specified for
violations of the Rancho Palos Verdes M u n i c i p a l 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.
A-1
ADMINISTRATIVE CITATION
FEE SCHEDULE
Violation Type
1 st Citation
2nd Citation
3rd Citation
Yard Maintenance
$100
$200
$500
Property Maintenance
$100
$200
$500
Animal Violations (not handled by
LACO
$100
$200
$500
Violation of conditions of approval
(including Conditional Use Permits
$100
$200
$500
Rubbish/Trash Can
$100
$200
$500
Banner/Signs
$100
$200
$500
Graffiti
$100
$200
$500
NPDES Violation
$100
$200
$500
Building/working after Stop Work
Notice
$100
$500
$1,000
Building/workingBuilding/working with expired permits
$100
$500
$1,000
Resolution No. 2016 -
Page 2 of 3
A-2
PASSED, APPROVED and ADOPTED this __st day of June 2016.
Mayor
Attest:
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, hereby certify that
the above Resolution No. _was duly and regularly passed and adopted by
the said City Council at regular meeting thereof held on June 21, 2016.
City Clerk
Resolution No. 2016 -
Page 3 of 3
A-3
ORDINANCE NO.
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 THAT 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.
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 (proposed deletions S+r��ut; proposed additions underlined):
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 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. 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. 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.
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.
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.
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 (proposed deletions strut; proposed additions underlined):
1.16.010 - Scope.
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 (proposed deletions strut; proposed additions underlined):
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.
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 _ day of 2016.
Mayor
Attest:
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, hereby certify that the
above Ordinance No. was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on
City Clerk
• 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 to pay an adminis4fa4ive fine of comply with an administrative order is guilty of a
misdemeanor, (3) any violation of any city approval constitutes a violation of this code, unless: -W 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_, or (b) the violationor- fib o
Penakies) of this title. 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.
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_ tffile s the via
n aw mist-r-ative Penalties) of this title. Any conviction for an infraction shall be punishable by:
1.
2.
3.
A fine not exceeding $100 for a first violation;
A fine not exceeding $200 for a second violation of the same provision of this code within one
year;
A fine not exceeding $500 for eaeh addit:ena 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
rosecuting attorney.
However, notwithstanding the foregoing, any conviction for a violation of a city building and safety
code shall be punishable by:
a.
b.
A fine not exceeding $100 for a first violation;
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.
01203.0011/300530.1
C-1
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.
01203.0011/300530.1
C-2
• 1.16.010 - Scope.
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.
01203.0011/300530.1
C-3
• 1. 16.110 - Administrative fine—Citations and compliance orders.
A.
C.
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. „a, e htmdr-oa dell fs f r the first . ,.Wien, two i,,,raroa dell fs f r the se n
violation of the same provision of this Code within twelve months of the first violation, and five hundr-e
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.
Administrative fines assessed for failing to fully comply with a compliance order or administrative
citation are a debt owed to the city.
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.
01203.0011/300530.1
C-4