RPVCCA_CC_SR_2015_06_30_04_Ord_Recovering_Attorney_Fees_Enf_of_Parking_RestrictionsMEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CAROL W. LYNCH, CITY ATTORNEY
DATE: JUNE 30, 2015
SUBJECT: AMENDMENTS TO MUNICIPAL CODE RELATING TO
RECOVERY OF ATTORNEYS' FEES BY A
PREVAILING PARTY AND ENFORCEMENT OF
PARKING RESTRICTIONS BY VOLUNTEERS ON
PATROL
REVIEWED: DOUG WILLMORE, CITY MANAGER'L�Cec DW
RECOMMENDATION
INTRODUCE ORDINANCE NO. - , AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AUTHORIZING RECOVERY OF ATTORNEYS' FEES BY
PREVAILING PARTY AND AUTHORIZING MEMBERS OF THE LOS ANGELES
SHERIFF'S DEPARTMENT'S VOLUNTEERS ON PATROL PROGRAM TO ISSUE
PARKING CITATIONS AND AMENDING SECTIONS 1.08.010, 1.16.250, 1.16.260,
5.04.220, 8.16.020, 8.24.090, 8.24.190, 9.28.130, 9.28.160, 9.28.190, 10.32.020, AND
17.02.040 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
RECOVERY OF ATTORNEYS' FEES
BACKGROUND
The City of Rancho Palos Verdes Municipal Code contains several enforcement methods
to address code violations, both civil and criminal. One enforcement method is a civil
nuisance action and recovery of attorneys' fees. Government Code Section 38773.5
authorizes a city to adopt an ordinance providing for recovery of attorney's fees in any
action, administrative proceeding, or special proceeding to abate a nuisance. However,
Government Code Section 38773.5 requires that any such ordinance must provide for
recovery of attorneys' fees by the prevailing party, rather than limiting recovery of
attorneys' fees to the City if it prevails. The ordinance may limit recovery of attorneys' fees
1
Amendments to Municipal Code - Recovery of Attorneys' Fees by Prevailing Party and
Enforcement of Parking Restrictions by City Volunteers
June 30, 2015
Page 2 of 3
by the prevailing party to those individual actions or proceedings in which the City elects,
at the initiation of that individual lawsuit, to seek recovery of its own attorneys' fees. The
statute also provides that 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.
DISCUSSION
The Rancho Palos Verdes Municipal Code authorizes the City to pursue recovery of
attorneys' fees in some but not all types of code enforcement actions. The City Attorney's
office has prepared the attached ordinance to update the Municipal Code for the recovery
of attorneys' fees in accordance with Government Code Section 38773.5, in the areas of
delinquent business license taxes, weed and debris blowers, property maintenance,
graffiti prevention and removal, and view preservation.
Although many code enforcement actions require only minimal legal work, in cases when
property owners refuse to comply with the requirements of the Code, legal proceedings
may require substantial expenditure of time and attorneys' fees. The potential for the City
to recover attorneys' fees may facilitate resolution of the dispute, because the property
owner will understand that failure to prevail in the litigation may result in his or her
responsibility to pay the City's attorneys' fees in addition to other compliance
responsibilities. The proposed ordinance provides for recovery of attorneys' fees by the
prevailing party in addition to recovery of staff time expended and reasonably related to
nuisance abatement cases.
ENFORCEMENT OF PARKING RESTRICTIONS
BACKGROUND
Title 10 of the Rancho Palos Verdes Municipal Code contains parking and traffic
regulations that supplement state law requirements contained in the California Vehicle
Code. Currently, parking citations are issued by Sheriff's deputies serving as the City's
police department, and paid community service officers (non -sworn), pursuant to the
City's contract with the Los Angeles County Sheriff's Department. Volunteers retained
through the Los Angeles County Sheriff's Department's Volunteers on Patrol program
also provide services for the City under the direction of the Sheriff's department, but do
not currently issue parking citations.
DISCUSSION
Pursuant to direction from the City Council at the last City Council meeting, the ordinance
will authorize volunteers from the Sheriff's Department's Volunteers on Patrol program to
2
Amendments to Municipal Code - Recovery of Attorneys' Fees by Prevailing Party and
Enforcement of Parking Restrictions by City Volunteers
June 30, 2015
Page 3 of 3
issue parking citations in the City of Rancho Palos Verdes. Individuals in this program
currently provide volunteer services to the City under the existing contract between the
City and the Sheriff's Department, and consequently no amendment to the current
contract would be required in order for these volunteers to also provide parking citation
services as part of their volunteer duties.
FISCAL IMPACT
The adoption of this ordinance will allow the City to recover its attorneys' fees and costs
when the City prevails in judicial actions relating to nuisance abatement and code
enforcement. The limitations on the property owner to recover attorneys' fees to only
those actions in which the City elected to recover attorneys' fees and to limit private
recovery of attorneys' fees to the amount incurred by the City help limit the City's exposure
in the unlikely event the property owner is the prevailing party in a lawsuit.
The addition of parking enforcement to the duties of persons participating in the
Volunteers on Patrol Program would be included in the current oversight responsibilities
of the Sheriff's Department over that program, and because these individuals serve in an
unpaid capacity, no additional costs should be incurred by the City.
Attachment
Ordinance No. - Authorizing Recovery of Attorneys' Fees by Prevailing Party and
Authorizing Members of the Los Angeles Sheriff's Department's Volunteers On Patrol
Program to Issue Parking Citations
9
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AUTHORIZING RECOVERY OF ATTORNEYS' FEES BY PREVAILING
PARTY AND AUTHORIZING MEMBERS OF THE LOS ANGELES SHERIFF'S
DEPARTMENT'S VOLUNTEERS ON PATROL PROGRAM TO ISSUE
PARKING CITATIONS AND AMENDING SECTIONS 1.08.010, 1.16.250,
1.16.260, 5.04.220, 8.16.020, 8.24.090, 8.24,190, 9.28.130, 9.28.160, 9.28.190,
10.32,020, AND 17.02.040 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS
FOLLOWS:
Section 1. Subsection (C) of Section 1.08.010 of Chapter 1.08, General
Penalty, of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows (proposed additions are h
gic. 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.
Section 2. Section 1.16.250 of Chapter 1.16 (Administrative Penalties) of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed
addition
1.16.250 - Failure to comply with administrative order.
Failure to comply
misdemeanor
Filing a criminal misdemeanor action does not preclude the city from
using any other legal remedy available to gain compliance with the administrative
order.
1848430vl
Section 3. Section 1.16.260 of Chapter 1.16 (Administrative Penalties) of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed
additiongg,c1):
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 chaptertf' . 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 4. Section 5.04.220 (Delinquent taxes—Penalties—Installment
payment) of Chapter 5.04 (Business Licenses) of the Rancho Palos Verdes Municipal
Code is hereby amended to read as follows (proposed deletions struck eut; proposed
additions hhtghte):
"C. In any agreement so entered into, such person shall acknowledge the
obligation owed to the city and agree that, in the event of failure to make timely
payment of any installment, the whole amount unpaid shall become immediately
due and payable and that his current license shall be revocable by the collector
upon thirty days' notice. In the event legal action is brought by the city to enforce
collection of any amount included in the agreement, SUGh person shall pay all GGGtS
%d The execution of such an agreement shall not prevent the prior accrual
of penalties on unpaid balances at the rate provided in this chapter, but no
penalties shall accrue on account of taxes included in the agreement after the
execution of the agreement and during such time as such person is not in breach
of the agreement."
-2- 5
Section 5. Section 8.16.020 of Chapter 8.16 (Weed and Debris Blowers) of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed
additions
"8.16.020 - Violation—Penalty.
Violation of this chapter shall be an infraction and punishable as provided in
Chapter ' 0 „(Gees ![� of this bode."
Section 6. Subsection C of Section 8.24.090 (Abatement of public nuisances by
the city), of Chapter 8.24 (Property Maintenance) of the Rancho Palos Verdes Municipal
Code is hereby amended to read as follows (proposed additions Offif ):
"C. Notwithstanding compliance with the notice and order, the owner, and any
other persons having an interest in the property described in the notice, shall in all
events be jointly and severally liable for all costs incurred by the city in securing
such compliance, including those costs identified in Section 8.24.110A. Moneys
due the city pursuant to this subsection may be recovered in an appropriate civil
action. Alternatively, costs may be recovered by the city in the same manner that
Section 7. Section 8.24.190 (Penalty for violation) of Chapter 8.24 (Property
Maintenance) of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows (proposed deletions StFUGk-out; proposed additions
"8.24.190 - Penalty for violation.
Any person violating any of the provisions or failing to comply
requirements of this chapter shall be guilty of a misdemeanor and,
therefor, shall be punishable as provided for in Chapter 1.08 o
with any of the
upon conviction
Section 8. Subsection A of Section 9.28.130 (Assessment of costs against
property owner or graffiti perpetrator) of Chapter 9.28 (Graffiti Prevention and Removal)
of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows
(proposed additions�e):
-3- 6
"A. The city employee shall keep an accounting
of the graffiti and shall submit to the city council an
costs of the abatement. rf:crts s fd
of the costs of the abatement
-pit The city council may modify the report, as the
council deems necessary, and shall confirm the report by motion or resolution."
Section 9. Subsection B of Section 9.28.160 (Parental liability) of Chapter 9.28
(Graffiti Prevention and Removal) of the Rancho Palos Verdes Municipal Code is hereby
amended to read as follows (proposed additions
"B. Pursuant to California Civil Code Section 1714.1, the parent(s) or legal
guardian(s) having custody and control of a minor shall be personally liable for any
act of willful misconduct by a minor that results in graffiti for all purposes of civil
damages, including court costs and
oto fees to the prevailing
party cg'S YCC;. The parent(s) or legal guardian(s)
having custody and control shall be jointly and severally liable with the minor for
any damages resulting from the willful misconduct, including any and all costs to
the city incurred in connection with the removal of said graffiti, not to exceed
twenty-five thousand dollars."
Section 10. Section 9.28.190 (Cumulative remedies) of Chapter 9.28 (Graffiti
Prevention and Removal) of the Rancho Palos Verdes Municipal Code is hereby
ter~
amended to read as follows (proposed additions WINfit):
"9.28.190 - Cumulative remediesc�tylf.
The remedies provided in this chapter are
limit any other remedies and penalties
applicable city ordinances, the laws of the
United States.
in addition to and do not supersede or
available under provisions of other
state of California, or the laws of the
-4- 7
Section 11. Section 10.32.020 Definitions of Chapter 10.32 (Parking Citation
Processing) of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows (proposed additions WHOIc):
" "Issuing officer" means a peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of the California Penal Code, or the successor statutes
thereto, or any r t r W -M "",Me,
other person authorized by
the city to issue a parking citation."
Section 12. Paragraph 2(h) of Subsection C of Section 17.02.040 of Chapter
17.02 (Single -Family Residential (RS) Districts) of the Rancho Palos Verdes Municipal
Code is hereby amended to read as follows (proposed additions b.t�tg
"h. If, after ninety calendar days, the foliage has not been removed or trimmed
in accordance with the requirements of a view restoration or view preservation
permit, the city of Rancho Palos Verdes will authorize a bonded tree service to
trim, cull, lace or remove the identified foliage at the owner's expense. In the event
that the city is required to perform the work, the foliage owner will be billed for all
city expenses incurred in enforcing the view restoration or preservation permit
(including reasonable atteMey's fees). If the property owner does not
pay the city for the amount set forth on the invoice, the city may record a lien or
assessment aqainst the foliaqe owner's property, pursuant to Chapter 8.24 of this
Section 13. Section 17.02.040(C)(2) of Chapter 17.02 (Single -Family Residential
(RS) Districts) of the Rancho Palos Verdes Municipal Code is hereby amended by adding
new paragraph i to read as follows (proposed additionsg�t):
-5- 8
Section 14. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of this
Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho
Palos Verdes hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared invalid.
Section 15. The City Clerk of the City of Rancho Palos Verdes shall certify to the
passage of this ordinance and shall cause same to be posted pursuant to state law within
fifteen (15) days after its passage, and this ordinance shall become effective thirty (30)
days after its passage.
PASSED, APPROVED and ADOPTED, this day of 2015.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF RANCHO PALOS VERDES)
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California, hereby certify
that Ordinance No. was introduced at a regular meeting of the City Council of the City
of Rancho Palos Verdes held on the [DAY] of [MONTH] 2015, and thereafter was adopted
by the City Council at a regular meeting held on the [DAY] of [MONTH], 2015, and that
the same was adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
-6- 9