CC SR 20170404 J - Administrative Citations Advertisements of Short Term RentalsRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 04/04/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to amend the Rancho Palos Verdes Administrative
Citation Fine Schedule to include, as a second tier fine, violations of the City's Municipal
Code for the advertisement of short-term rentals in the City's single-family and multi-
family residential zoning districts.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution 2017-_, A RESOLUTION AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE
SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF
RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING
RESOLUTION NO. 2017-09.
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, Director of Community Development
APPROVED BY: Doug Willmore, City Manager,`;
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2017-_ (page A-1)
BACKGROUND AND DISCUSSION:
On December 20, 2016, the City Council introduced Ordinance No. 593 that affirmed the
City's prohibition against the operation and advertisement of short-term rentals in the
City's single-family and multi -family residential zoning districts. Ordinance No. 593 was
adopted on January 17, 2017. At the December 20, 2016, meeting, the City Council, as
a separate agenda item, adopted Resolution No. 2016-57, amending the City's
Administrative Citation Fine Schedule by creating a two-tier penalty fine structure. The
more punitive second tier of (higher) penalty fines was approved to apply to, among
other things, the violations of the advertising or operating bans on short-term rentals.
However, Resolution No. 2016-57 inadvertently omitted a reference to the advertisement
of short-term rentals.
01203.0005/328717.1 1
Since its adoption in December 2016, the Administrative Citation Fine Schedule was
amended on March 7, 2017, to add second-tier penalties for violations of the Social Host
Liability Ordinance by the adoption of Resolution No. 2017-09. Thus, the proposed
Resolution (Attachment A) includes a revised Administrative Citation Fine Schedule that
now includes, as a second-tier penalty, the advertisement of short-term rentals, and
rescinds Resolution No. 2017-09.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Identify issues with the proposed amendment to the Administrative
Citation Fine schedule and provide direction to Staff for City Council
consideration at a future meeting.
2. Take no action on Staff's recommended amendment to the Administrative
Citation Fine schedule.
01203.0005/328717.1 2
RESOLUTION NO. 2017-
A RESOLUTION AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY
AMENDING THE SECOND TIER OF FINES FOR
CERTAIN VIOLATIONS OF THE CITY OF RANCHO
PALOS VERDES MUNICIPAL CODE, AND RESCINDING
RESOLUTION NO. 2017-09.
WHEREAS, Section 1.16.110(A) of the Rancho Palos Verdes Municipal Code
provides that the fine imposed pursuant to Chapter 1.16 (Administrative Penalties) for a
particular violation shall be in the amount set forth in the administrative citation penalty
schedule established by resolution of the City Council; and,
WHEREAS, on December 20, 2016, the Rancho Palos Verdes City Council adopted
Resolution No. 2016-57, thereby establishing a schedule of Tier 2 Penalty Fines for
specified violations of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 593
thereby amending Chapters 17.02. 17.04, and 17.96 of Title 17 (Zoning) affirming the
prohibition of short-term rentals and prohibiting the advertisement of short-term rentals in
the City's single-family and multi -family residential districts; and,
WHEREAS, the City Council desires to issue administrative citations to those who
violate the City's prohibition of the advertisement of short-term rentals in the City's single-
family and multi -family residential zoning districts; and,
WHEREAS, the addition of penalties for violations of the prohibition of advertising
short-term rentals in the City's single-family and multi -family residential zoning districts to
the Tier 2 Penalty Fines are necessary to preserve the health and safety of City residents
and to deter specific violations of the Municipal Code.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
Section 1: The above recitals are found to be true and are incorporated herein
by reference.
Section 2: The administrative penalty amounts set forth and attached hereto
are hereby established for violations of the Rancho Palos Verdes Municipal Code.
Section 3: Any penalty amount imposed pursuant to Chapters 1.08 and 1.16
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
and 1.16. Any person who fails to pay the City the amount of any penalty imposed
A-1
pursuant to the provisions of Sections 1.08.010 and 1.16.110 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 4: In addition to any administrative penalties specified for violations of
the Rancho Palos Verdes Municipal 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.
ADMINISTRATIVE CITATION
PENALTY FINE
SCHEDULE
Tier 1 Penalty Fines
Violation Type
1St Citation
2nd Citation
3rd Citation
Yard Maintenance
$100
$200
$500
Property Maintenance
$100
$200
$500
Animal Violations (not handled
by LACO)
$100
$200
$500
Rubbish/Trash Can
$100
$200
$500
Banner/Signs
$100
$200
$500
Graffiti
$100
$200
$500
NPDES Violation
$100
$200
$500
Tier 2 Penalty Fines
Violation Type
1St Citation
2nd Citation
3rd Citation
Violation of any conditions of
approval (including Conditional Use
Permits)
$2,500
$5,000
$7,500
Resolution No. 2017 -
Page 2 of 3
A-2
Advertising or operating a short-
term rental in the City's residential
$2,500
$5,000
$7,500
(RS or RM) zoning district, per
occurrence.
Building/working after Stop -Work
$2,500
$5,000
$7,500
Notice
Building/working with expired permits
$2,500
$5,000
$7,500
Violations of Social Host Liability
$2,500
$5,000
$7,500
Ordinance, per occurrence
Section 5: Resolution No. 2017-09 is hereby rescinded.
PASSED, APPROVED and ADOPTED this 4th day of April 2017.
Mayor
ATTEST:
City Clerk
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, hereby
certify that the above Resolution No. 2017-_, was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on April 4, 2017.
City Clerk
Resolution No. 2017 -
Page 3 of 3
A-3