CC SR 20160719 E - Ord 584 Repeat Code ViolationsRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 07/19/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to adopt an ordinance amending the Rancho Palos
Verdes Municipal Code to address repeat code violations.
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(1) Adopt Ordinance No. 584 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 Municipal Code; and increasing violations to a misdemeanor for
any instance of four or more violations within a one year period.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Julie Peterson, Code Enforcement Officerjp
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development �.
APPROVED BY: Doug Willmore, City Manager'
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A. Ordinance No. 584 (page A-1)
BACKGROUND AND DISCUSSION:
On June 21, 2016, the City introduced Ordinance No. 584, a proposed amendment to
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 clarifying that violations of conditions imposed by any City
approval shall constitute a violation of the Code. In addition, the proposed language will
increase to a misdemeanor any instance of four or more violations within a one year
period. As such, Staff now presents Ordinance No. 584 for its second reading and
adoption. The ordinance will go into effect 30 days after tonight's second reading.
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ORDINANCE NO. 584
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 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.
WHEREAS, on June 21, 2016 Ordinance No. 584 was introduced to the City
Council of the City of Rancho Palos Verdes.
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 (the underlined text represents new language; the text in strike+"r^„^" is to be
deleted):
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 nay an administrative fine or 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 04 the violation or failure to
comply is expressly stated by this code to be an infraction or is subsequently
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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 the `tion or failure tOr+^m �eseUted asa
adm'n*strat've aGtien pursuant to Chapter 1.16 (Administrative Penalties) 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.
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.
adMiRistrative aGtiGR pursuaRt tO Chapter 1.16 (AdMiRistrative Penalties) of this title.
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 each r+,^ di+i^,, ,' 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 issuina officer or arosecutina attornev.
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.
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
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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 (the underlined text represents new language; the text in strikethre i`rh is to be
deleted):
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 that de Rot nreate aR
I rnmediate danger to health or safety. 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 (the underlined text represents new language; the text in strikethre inh is to be
deleted):
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.
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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 31 st day after its passage.
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PASSED, APPROVED, AND ADOPTED this 19th day of July 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, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 584 passed first reading on June 21, 2016, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on July 19, 2016, and
that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
Absent:
Abstain:
City Clerk
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