RPVCCA_CC_SR_2012_07_17_G_Administrative_Citation_Penalty_Schedule_AmendmentsCITY OF
MEMORANDUM
R4NCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL
JOEL ROJAS,COMMUNITY~~OPMENT
DIRECTOR U v
JULY 17,2012
AMENDMENTS TO THE ADMINISTRATIVE CITATION
PENALTY SCHEDULE
CAROLYN LEHR,CITY MANAGER C!.9--
Project Cpordinator:Dan~ittsl CCEO,Code Enforcement Officer
RECOMMENDATION
Adopt Resolution No.2012-_,A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ESTABLISHING ADMINISTRATIVE CITATION
PENALTIES AND AMENDING THE ADMINISTRATIVE CITATION PENALTY SCHEDULE
TO ADD CERTAIN VIOLATIONS OF THE RANCHO PALOS VERDES MUNICIPAL
CODE.
BACKGROUND
In 2008,the City Council enacted Ordinance No.473,an Administrative Citation
Ordinance,to provide authority to code enforcement staff to issue citations for certain
specific violations of the Rancho Palos Verdes Municipal Code.The Administrative
Citation Ordinance was later amended by Ordinance No.512 and is codified in Sections
1.16.010 through Sections 1.16.260 of Chapter 1.16 (Administrative Penalties)of Title 1
(General Provisions)of the City's Municipal Code.
Pursuant to the Administrative Citation Ordinance,the City Council adopted an
Administrative Citation Penalty Schedule (see attached #Resolution 2010-65).The
Administrative Citation Penalty Schedule lists certain provisions of the Rancho Palos
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Verdes Municipal Code,and the administrative penalties for violations of those provisions
when an administrative citation is issued by staff.Each listed provision has a first offense
penalty,along with a time table setting forth the total number of days allowed to abate I
resolve the violation before the penalty escalates for a second offense,third offense and
subsequent offenses that occur within twelve (12)months of the first offense.
An appeal process in the Administrative Citation Ordinance provides the cited person an
opportunity to contest the citation and request an administrative hearing before the hearing
officer.The hearing officer is selected using procedures established by the City Manager
or her designee.
The Administrative Citation Ordinance and the Administrative Citation Penalty Schedule
provides Code Enforcement Officers with a method to achieve Code compliance more
quickly and at a lower cost for more minor violations.Since inception of the Administrative
Citation program,City Staff has utilized the citation process as a tool for achieving
compliance for certain types of violations,thus reducing the number of cases referred to
the City Attorney's Office for compliance.
At this time,Staff is recommending that the Administrative Citation Penalty Schedule be
amended to include two additional types of code violations.
DISCUSSION:
City Staff believes the following three provisions of the Rancho Palos Verdes Municipal
Code should be added to the list of violations in the current Administrative Citation Penalty
Schedule.
~Garage Sales [Code Sections 17.02.020 (L)&17.04.020 (H)]
The Zoning Code was recently amended in April 2012 (Ordinance No.535)to limit the
number of garage sales to four (4)per year that may be held at a private single-family
residences and multiple-family residences (RPVMC Sections 17.02.020(L)[single-family]
and 17.04.020(H)[multiple-family]).When this ordinance was adopted by City Council,
staff noted that enforcement would be achieved by citation.
~Commercial Vehicles in Residential Districts [Code Section 17.56.050 (A)]
The Zoning Code currently prohibits parking or storing commercial vehicles weighing in
excess of six thousand pounds on private properties in a residential district (subject to
certain exceptions)(RPVMC Section 17.56.050(A).Based on Staff's experience with a
recent Code Enforcement case,Staff is recommending that violations of this code
provision be added to the Administrative Citations Penalty Schedule.
City Staff is proposing the following escalating penalties for violations of the provisions
discussed above:
$55.00 for the first offense
$100.00 for the second offense (of the same provision within twelve (12)months of
the first offense (and at least one day apart).
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$250.00 for the third offense and each additional offense (of the same provision
within twelve (12)months of the first offense (and at least one day apart).
Staff believes that incorporating these provisions into the Administrative Citation Penalty
Schedule will enhance staff's ability to resolve cases involving these violations at staff level,
thereby reducing the number of cases referred to the City Attorney's Office.
FISCAL IMPACT
There are no fiscal impacts related to this decision,the benefits of the program may save
the City time and money in City Attorney case preparation and court costs.
ATTACHMENTS:
1)Resolution 2012-
2)Existing Administrative Citation Ordinance Municipal Code Chapter 1.16
2)Existing Administrative Citation Penalty Schedule (see Resolution No.2010-65 )
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RESOLUTION NO.2012-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING
ADMINISTRATIVE CITATION PENALTIES AND AMENDING
THE ADMINISTRATIVE CITATION PENALTY SCHEDULE TO
ADD CERTAIN VIOLATIONS OF THE RANCHO PALOS
VERDES MUNICIPAL CODE.
WHEREAS,Sections 1.16.010 through 1.16.260 of Chapter 1.16 (Administrative
Penalties)of Title 1 (General Provisions)of the Rancho Palos Verdes Municipal Code
established an administrative remedy program for violations of the Code,including
authority for the adoption of an administrative citation penalty schedule;and
WHEREAS,pursuant to Resolution Nos.2008-44,2008-92,and 2010-65,the
City has adopted an Administrative Citation Penalty Schedule which established the
amounts of administrative penalties for certain violations of the Rancho Palos Verdes
Municipal Code;
NOW THEREFORE,be it resolved by the City Council of the City of Rancho
Palos Verdes as follows:
Section 1:The following administrative citation penalties are hereby
established:
$55.00 for the first offense,
$100.00 for the second offense of the same provision within twelve (12)months
of the first offense,and
$250.00 for the third offense and each additional offense of the same provision
within twelve (12)months of the first offense,
for any violation of any of the following provisions of the Rancho Palos Verdes
Municipal Code:
Section 17.02.020(L)of Chapter 2 (Single-Family Residential (RS)Districts)of
Title 17 (Zoning);
Section 17.04.020(H)of Chapter 4 (Multiple-Family Residential (RM)Districts)of
Title 17 (Zoning);and
Section 17.56.050(A)of Chapter 56 (Environmental Protection)of Title 17
(Zoning).
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Section 2:The Administrative Citation Penalty Schedule set forth in Resolution
2010-65 is hereby amended by adding the penalties and escalation of enforcement
provisions for any violation of any of the provisions specified in Section 1 of this
Resolution 2012-as follows:
VIOLATION TYPE 1ST OFFENSE 2ND OFFENSE 3RDAND EACH
WITHIN 12 MONTHS ADDITIONAL OFFENSE
WITHIN 12 MONTHS
Chapter 17.02 -Single-Family
Residential (RS)Districts
§17.02.020(L)Uses and $55.00 $100.00 $250.00
development permitted [Garage
sales]
Chapter 17.0:4 -Multiple-
Family Residential (RM)
Districts
§17.04.020(H)Uses and $55.00 $100.00 $250.00
development permitted [Garage
sales]
Chapter 17.56-
Environmental Protection
§17.56.050(A)Residential $55.00 $100.00 $250.00
Neighborhood Protection
[Commercial vehicles over
6,000 pounds]
ESCALATION OF 1ST CITE 2ND CITE 3RD CITE AND EACH
ENFORCEMENT ADDITIONAL CITE
Chapter 17.02 -Single-Family
Residential (RS)Districts
§17.02.020(L)Uses and 1 DAY 1 DAY 1 DAY
development permitted [Garage
sales]
Chapter 17.04 -Multiple-
Family Residential (RM)
Districts
§17.04.020(H)Uses and 1 DAY 1 DAY 1 DAY
development permitted [Garage
sales]
Chapter 17.56-
Environmental Protection
§17.56.050(A)Residential 1 DAY 1 DAY 1 DAY
Neighborhood Protection
[Commercial vehicles over
6,000 pounds]
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Section 3:Except as otherwise expressly amended,the provisions of Resolulion No.
2008-44,Resolution No.2008-92 and Resolution No.2010-65 remain in full force and
effect.
Section 4.This Resolution shall take effect immediately.
Section 5.The City Clerk shall certify to the passage and adoption of this resolution.
PASSED,APPROVED and ADOPTED this __day of July 2012
Mayor
ATIEST:
Carla Morreale,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,California,do hereby
certify that the foregoing Resolution,being Resolution 2012-__,was passed and
approved by the City Council of the City of Rancho Palos Verdes at a regular meeting
of said Council held on the _day of July 2012 and that Resolution was adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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Rancho Palos Verdes,California,Code of Ordinances»Title 1 -GENERAL PROVISIONS»Chapter
1.16 -ADMINISTRATIVE PENALTIES »
Chapter 1.16 -ADMINISTRATIVE PENALTIES
Sections:
1.16.010 -Scope.
1.16.020 -Definitions.
1.16.030 -Procedure for service.
1.16.040 -Responsibility of cited party.
1.16.050 -Compliance order.
1.16.060 -Content of compliance order.
1.16.070 -C:0mpliance order satisfied.
1.16.080 -Failure to comply with compliance order.
1.16.090 -Administrative citation.
1.16.100 -Content of administrative citation.
1.16.110 -Administrative fine-Citations and compliance orders.
1.16.120 -Payment of administrative fine.
1.16.130 -Request for administrative hearing.
1.16.140 -Advance hardship waiver deposit.
1.16.150 -Time for administrative hearing.
1.16.160 -Request for continuance of hearing.
1.16.170 -Appointment of administrative hearing officer.
1.16.180 -Procedures at administrative hearing.
1.16.190 -Failure to attend administrative hearing.
1.16.200 -Decision of administrative hearing officer.
1.16.210 -Administrative costs.
1.16.220 -Late payment charges.
1.16.230 -Collection of administrative fines and costs-Lien procedure.
1.16.240 -Appeal of decision of administrative hearing officer.
1.16.250 -Failure to comply with administrative order.
1.16.260 -Remedies cumulative.
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 that do not create an immediate 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.
(Ord.473 §1 (part),2008)
1.16.020 -Definitions.
As used in this chapter:
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"Administrative citation"or "citation"means a written notice to a responsible person issued
by the citing official that a violation of this Code has occurred.
"Administrative compliance order"or "compliance order"means a written notice to a
responsible person issued by the citing official that there exists a continuing violation of this Code
related to building,plumbing,electrical,or other similar structural or zoning issues.
"Citing official"means any city employee,any member of the Los Angeles County sheriff's
department,any member of the Mountains Recreation and Conservation Authority providing park
ranger services,and any other person designated by the city manager who is authorized to enforce
provisions of this Code."
"Legal interest"means any ownership interest of any person as hereafter defined in real or
personal property as evidenced by title or ownership documents or instruments recorded with the
Los Angeles County recorder's office or on file with,or in possession of,any other governmental
entity."Legal interest"shall also include the property interest of lessees or tenants of real property,
as well as all sublessors thereof.
"Responsible person"means any person whom a citing official determines is responsible for
causing,maintaining,permitting,or allowing a violation of this Code.The term "responsible person"
includes,but is not limited to:any person who has an ownership or possessory interest in real or
personal property;any agent thereof with actual or apparent authority,possession,or control of real
or personal property;or any other person,who creates,maintains,permits,or allows a violation of
this Code.
(Ord.473 § 1 (part),2008)
(On/.No.512.§2,8-3-10)
1.16.030 -Procedure for service.
Except as provided below,the citing official may issue an administrative compliance order,
citation,or other notice to a responsible person on a form approved by the city manager using
either of the following methods:
A.Personal Service.The citing official may issue the administrative compliance order,
citation,or other notice by personal delivery to a responsible person.The citing official
shall attempt to obtain the signature of the responsible person on the administrative
compliance order or citation.If the responsible person or person served refuses or
fails to sign the administrative compliance order or citation,the failure or refusal to
sign shall not affect the validity of the compliance order or citation or of any
subsequent proceedings.
B.Mail.The citing official may mail the administrative compliance order,citation,or other
notice to the responsible person by first class mail,postage prepaid,return receipt
requested,addressed to the owner,agent of the owner,lessee,occupant,or person
in possession of the premises described at such person's last known address.
Simultaneously,the same notice may be sent by regular mail and also may be posted
on any real property within the city in which the city has knowledge that the
responsible person has a legal interest.If no address is known or made known to the
citing official,then the citing official may mail the administrative compliance order,
citation,or other notice to the owner's last known address as the name appears on
the latest equalized assessment roll.
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Service is effective when personally served or when deposited into the United States
mail.The citing official must complete a declaration of service,a copy of which shall be
maintained in the files of the city's department of planning,building and code enforcement
("department").Failure to receive any notice does not affect the validity of the proceedings
conducted under this chapter.
(Oro.473 § 1 (part),2008)
1.16.040 •Responsibility of cited party.
Upon service of an administrative compliance order or citation,the responsible person shall
do the following:
A.Pay the administrative fine no later than thirty days from the date of service of the
administrative citation.Payment of the fine shall not excuse or discharge the failure to
correct the violation,nor shall it bar further enforcement action by the city.
@.Comply with the compliance order to remedy the violation within the time specified on
the compliance order.
(Orc!.473 §1 (part),2008)
1.16.050 -Compliance order.
Whenever the citing official determines that there exists a continuing violation of any
provision of this Code related to building,plumbing,electrical,or other similar structural or zoning
issues that does not create an immediate danger to health or safety,the citing official shall issue or
cause to be issued a written compliance order to any responsible person.
(Oro.473 §1 (part),2008)
1.16.060·Content of compliance order.
A compliance order shall contain all of the following information:
A.The date and location of the violation and the approximate time the violation occurred;
B.The city Code section violated and a description of the violation;
C.The action required to correct the violation and the date by which such action must be
completed.Except as otherwise provided in this section,the date for compliance shall
not be less than thirty days from the date the compliance order is served;
D.The consequences of failing to correct the violation,including a description of the
administrative hearing procedure and appeal process;
E.The time period after which administrative fines will begin to accrue if there is no
compliance with the order;
F.The amount of the fine that will be imposed if there is no compliance with the order;
G.The name and signature of the citing official.
(Ord 473 §1 (part),2008)
1.16.070 -Compliance order satisfied.
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If the citing official determines that all violations specified in the compliance order have been
corrected within the time set forth in the order,no further action shall be taken against the
responsible person regarding the violations.
(Ord.473 §1 (part).2008)
1.16.080 -Failure to comply with compliance order.
If the responsible person fails to fully comply with the compliance order within the time
specified in the compliance order,the citing official may issue an administrative citation as provided
in this chapter.The issuance of the administrative citation does not obviate the responsible person's
obligation to fully comply with the compliance order.The administrative citation shall be served by
the applicable method set forth in Section 1.16.030.
(Ord.473 §1 (part),2008)
1.16.090 ..Administrative citation.
Any person violating any section of this Code that is subject to this chapter may be issued an
administrative citation by a citing official as provided in this chapter.
(Ord.473 §1 (part).2008)
1.16.100 -Content of administrative citation.
An administrative citation shall contain all of the following information:
A.The date and location of the violation and the approximate time the violation occurred
or was detected;
B.The Code section violated and a description of the violation;
C.The amount of the fine imposed for the violation,and the time within which and the
place at which the fine shall be paid;
D.An order prohibiting another occurrence ofthe Code violation;
E.A description of the administrative citation review process,including the time within
which to contest the administrative citation and the place from which to obtain a
request for hearing form to contest the administrative citation;
F.The name and signature of the citing official.
(Ord.473 §1 (part).2008)
1.16.110 -Administrative fine-Citations and compliance orders.
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 amount of one hundred dollars for the first violation,two hundred dollars
for the second violation of the same provision of this Code within twelve months of the first
violation,and five hundred dollars for the third and each additional violation of the same
provision of this Code within twelve months of the first violation.
B.
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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.
(Ord.473 §1 (part).2008)
(Ord.No.5"/2,§4,5.8-3-10)
1.16.120 -Payment of administrative fine.
The administrative fine shall be paid to the department of planning,building and code
enforcement within thirty days from the date of service of the administrative citation.If,after a
hearing requested pursuant to Section 1.16.130,the hearing officer determines that the
administrative citation should be cancelled,the administrative fine shall be refunded promptly.
(Orc!.473 §1 (pari),2008)
1.16.130 -Request for administrative hearing.
A.Any responsible person to whom an administrative citation is issued may contest the citation
by:(1)completing a request for hearing form and returning it to the department of planning,
building and code enforcement;and (2)either depositing the administrative fine with the
department of planning,building and code enforcement or providing notice that a request for
an advance deposit hardship waiver has been filed pursuant to Section 1.16.140.A request
for hearing form may be obtained from the department of planning,building and code
enforcement.
B.The department of planning,building and code enforcement must receive a completed
request for hearing form and the administrative fine or completed hardship waiver form
pursuant to Section 1.16.140 within thirty days from the date of service of the administrative
citation.If not,the responsible person waives the right to a hearing.
C.The citing official shall notify the person requesting the hearing by regular mail in accordance
with Section 1.16.030 of the time and place of the hearing at least twenty days before the
date of the hearing.The citing official shall serve any documentation,other than the
administrative citation,that the citing official has submitted or will submit to the hearing
officer on the person requesting the hearing by regular mail in accordance with Section
1.16.030 at least ten days before the date of the hearing.
(Orc!,473 §1 (palt),2008)
1.16.140 -Advance hardship waiver deposit.
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A.Any responsible person who requests a hearing to contest an administrative citation and who
is financially unable to deposit the administrative fine required in Section 1.16.120 may file a
request for an advance deposit hardship waiver.The request shall be filed with the
department of planning,building and code enforcement on an advance deposit hardship
waiver application form,available from the department of planning,building and code
enforcement,no later than thirty days after service of the administrative citation.The
department of planning,building and code enforcement's failure to receive a completed form,
with all supporting documents,within thirty days after service of the administrative citation,
shall constitute a waiver of the right to receive a hardship waiver.
B.The director of the department of planning,building and code enforcement ("director")or the
director's designee may issue an advance deposit hardship waiver only if the person
requesting the waiver submits a sworn affidavit,together with any supporting documents,
demonstrating to the satisfaction of the director or the director's designee the person's
financial inability to deposit with the city the full amount of the fine in advance of the hearing.
The director or his or her designee shall issue a written decision specifying the reasons for
issuing or not issuing the waiver.The decision shall be served upon the person requesting
the waiver as specified in Section 1.16.030.If the director or the director's designee
determines that the waiver is not warranted,the person shall remit the full amount of the fine
to the department of planning,building and code enforcement within ten days of receipt of
the director's written decision.The decision of the director or the director's designee whether
to issue a hardship waiver shall be final.
(Ord,473 §1 (part).2008)
1.16.150 -Time for administrative hearing.
Only after a request for hearing form is received by the department of planning,building and
code enforcement within the required period,and the responsible person requesting the hearing
has either deposited the administrative fine in full or obtained an advance deposit hardship waiver
(hereinafter a "perfected appeal"),shall the city set the date and time for the administrative hearing.
The hearing shall be set for a date not less than fifteen days,nor more than sixty days after the
filing of a perfected appeal.
(Ord,473 §1 (part).2008)
1.16.160 -Request for continuance of hearing.
The responsible person requesting a hearing may request one continuance,and the city may
continue the hearing on its own initiative,but in no event may the hearing begin later than ninety
days after the request for hearing form is filed,and the administrative fine is deposited with the city
or an advance deposit hardship waiver is issued.
(Ord.473 §1 (part),2008)
1.16.170 -Appointment of administrative hearing officer.
The city manager or the city manager's designee shall establish procedures for the selection
of an administrative hearing officer.Administrative hearing officers shall be selected in a manner
that avoids the potential for pecuniary or other bias.In no event shall the administrative hearing
officer be the citing official.The compensation,if any,of the administrative hearing officer shall be
paid by the city.Compensation shall not be directly or indirectly conditioned upon whether ad
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ministrative citations are upheld by the administrative hearing officer.
(Oro,473 §1 (part),2008)
1.16.180 M Procedures at administrative hearing.
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Administrative hearings are informal,and formal rules of evidence and discovery do not
apply.Each party shall have the opportunity to present evidence in support of that party's case and
to cross-examine witnesses.The city bears the burden of proof at an administrative hearing to
establish a violation of the Municipal Code.The administrative citation and any additional reports
submitted by the citing official shall constitute prima facie evidence of the facts contained in those
documents.The administrative hearing officer must use preponderance of evidence as the
standard of review in deciding the issues.
(Ord,473 §1 (part),2008)
1.16.190.-Failure to attend administrative hearing.
If the responsible person fails to attend the scheduled hearing,the hearing will proceed
without the responsible person,and the responsible person will be deemed to have waived the right
to an administrative hearing and any further appeals as set forth in this chapter.
(Oni.473 §1 (part),2008)
1.16.200 -Decision of administrative hearing officer.
A.No later than thirty days after the date on which the administrative hearing concludes,the
administrative hearing officer shall issue a written decision.The decision shall set forth the
reasons for the decision along with notice of the right to appeal pursuant to Section 1.16.240
of this chapter.The administrative hearing officer's decision shall be final.The decision shall
be served by first class mail in accordance with Section 1.16.030 and shall be deemed to be
served on the date the decision is deposited with the United States postal service.The
failure of the responsible person to receive a properly addressed decision shall not invalidate
the administrative citation,compliance order or the administrative hearing officer's decision.
B.Administrative Citation.The administrative hearing officer shall issue a written decision to
uphold or cancel the administrative citation.If the administrative hearing officer upholds the
administrative citation,the city shall retain the fine deposited by the responsible person.If the
administrative hearing officer upholds the administrative citation and the fine has not been
deposited pursuant to an advance deposit hardship waiver,the administrative hearing officer
shall specify in the decision a payment schedule for the fine.If the administrative hearing
officer cancels the administrative citation,any fine deposited with the city shall be promptly
refunded.The administrative hearing officer's decision is final.
C.Compliance Order.With regard to a compliance order,the administrative hearing officer's
written decision shall be entitled "Administrative Order."The administrative hearing officer
shall make findings within the administrative order regarding the existence of the violation(s)
specified in the compliance order,and regarding whether the responsible person took the
required corrective action within the time period set forth in the compliance order.If the
administrative hearing officer concludes that the violation continues to exist,the
administrative order shall set forth a schedule for correction.In addition,the administrative
order shall impose administrative fines as provided in Section 1.16.110,and administrative
costs as provided in Section 1.16.210.The administrative order shall set a deadline for
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compliance with its terms in the event that the responsible person fails to file an appeal.If the
administrative hearing officer determines that the violation(s)set forth in the compliance
order did not exist,or that the violation(s)was (were)timely corrected,all proceedings
regarding the violation(s)shall immediately cease and the administrative citations shall be
canceled.If the administrative hearing officer cancels the administrative citation,any fine
deposited with the city shall be promptly refunded.
(Onl.473 § 1 (part),2008)
1.16.210 -Administrative costs.
The administrative hearing officer shall assess against the responsible person administrative
costs for any violation found to exist,or for any violation which was not timely corrected.The
administrative costs include any and all costs incurred by the city in connection with prosecuting the
violation,including,but not limited to,investigation costs,staffing costs for preparing and
conducting the administrative hearing,and costs for all inspections necessary to enforce the
compliance order and the administrative order.The administrative order shall specify the date by
which the costs must be paid to the city.
(OrcJ.473 §1 (part),2008)
1.16.220 -Late payment charges.
Any person who fails to pay to the city on or before the due date any administrative fine
imposed pursuant to the provisions of this chapter shall be liable for the payment of late payment
charges as follows:
A.For payments received within thirty days after the due date,a late fee in the amount of
fifty percent of the administrative fine due.
B.For payments received more than thirty days after the due date,a late fee in the
amount of fifty percent of the administrative fine due,plus an additional ten percent of
the overdue administrative fine for each month the payment is overdue.The maximum
late fee shall be one hundred percent of the overdue administrative fine.
(Onl.473 § 1 (part),2008)
1.16.230 -Collection of administrative fines and costs-Lien procedure.
A.If the responsible person fails to satisfy in full the assessed administrative fines and costs by
the time specified in the administrative hearing officer's decision or the administrative order,
and no timely appeal of the administrative officer's decision has been filed with the Los
Angeles Superior Court (Southwest District/Torrance),the city may recover the outstanding
fines and costs by imposing a lien against the real property on which the violation occurred.
B.Prior to the recording of the lien with the Los Angeles County recorder's office,the city
council shall conduct a hearing to hear any protest or objection to the lien.The citing official
shall serve notice of the hearing upon the owner of record of the real property,based on the
last equalized assessment roll or the supplemental roll,whichever is more current.The
notice of hearing shall include the time,date,and place of the hearing,and shall be served
upon the owner of record by regular mail in accordance with Section 1.16.030 at least ten
days before the date of the hearing.If the owner of record cannot be located after a
reasonable search,the notice may be served by posting a copy thereof in a conspicuous
place upon the property for a period of ten days.
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C.After holding the hearing and taking all evidence,oral and written,the city council shall
determine whether the lien should be imposed.If the city council determines that the lien
should be imposed,the responsible person will have forty-five days to satisfy the assessed
administrative fines and costs in full.If after that time the assessed administrative fines and
costs are not paid in full,the citing official shall then prepare and file with the city clerk a
report stating the amount due and owing.
D.After the report is filed with the city clerk,the citing official may cause the lien to be recorded
with the county recorder.Once recorded,the lien shall have the force and effect and priority
of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil
Procedure,or its successor,and may be extended as provided in Sections 683.110 to
683.220,inclusive,of the Code of Civil Procedure,or their successors.
E.The remedies set forth in this section are not exclusive and may be used in addition to those
set forth elsewhere in this Code or by law.The city may collect any past-due fines and costs
by use of any available legal means.
(Ord.473 § 1 (part),2008)
1.16.240 -Appeal of decision of administrative hearing officer.
Within twenty days after service of the administrative hearing officer's decision upon the
responsible person,the responsible person may seek review of the administrative hearing officer's
decision by filing a notice of appeal and paying the appeal fee required by Government Code
Section 53069.4(b)(2)or its successor with the Los Angeles Superior Court (Southwest
District/Torrance).The responsible person shall serve a copy of the notice of appeal either in
person or by first class mail upon the department of planning,building and code enforcement.If the
responsible person fails to timely file a notice of appeal,the administrative order shall be deemed
confirmed.
(Ord.473 §1 (pad),2008)
1.16.250 -Failure to comply with administrative order.
Failure to comply with an administrative order after it becomes final is a 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.
(Onl.473 §1 (part),2008)
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 chapter.All remedies set
forth herein are cumulative,and the use of anyone 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.
(Onl.No.512,§1,8-3-10)
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G-15
RESOLUTION NO.2010-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING
ADMINISTRATIVE CITATION PENALTIES AND AMENDING
THE ADMINISTRATIVE CITATION PENALTY SCHEDULE
FOR CERTAIN VIOLATIONS OF THE RANCHO PALOS
VERDES MUNICIPAL CODE.
WHEREAS,Sections 1.16.010 through 1.16.250 of Chapter 1.16 (Administrative
Penalties)of Title 1 (General Provisions)of the Rancho Palos Verdes Municipal Code
established an administrative remedy program for violations of the Code,including
authority for the adoption of an administrative citation penalty schedule;and
WHEREAS,pursuant to Resolution Nos.2008-44 and 2008-92,the City has
adopted an Administrative Citation Penalty Schedule which established the amounts of
administrative penalties for certain violations of the Rancho Palos Verdes Municipal
Code;
NOW THEREFORE,be it resolved by the City Council of the City of Rancho
Palos Verdes as follows:
Section 1:The following administrative citation penalties are hereby
established:
$100.00 for the first offense,
$200.00 for the second offense within one year of the first offense,and
$500.00 for the third offense and each additional offense within one year of the
first offense,
for any violation of any of the following provisions of the Rancho Palos Verdes Municipal
Code:
Sections 5.20.030 and 5.20.040 of Chapter 5.20 (Solicitation),of Title 5,
(Business Licenses,Taxes and Regulations);
Sections 6.04.020,6.04.040,6.04.050,6.04.060 and 6.04.070 of Chapter 6.04
(General Provisions)of Title 6 (Animals);
Section 9.30.010 of Chapter 9.30 (Skateboards,Roller Skates,Online Skates,
Scooters and Similar Devices on Posted Property)of Title 9 (Public Peace,
Morals and Welfare);and
Section 10.24.010 of Chapter 10.24 (Off-Road Use of Vehicles)of Title 10
2010-65.DOC
Resolution No.2010-65
Page 1 of 8
G-16
(Vehicles and Traffic).
Section 2:The following administrative citation penalties are hereby
established:
$50.00 for the first offense,
$100.00 for the second offense within 12 months of the first offense,and
$200.00 for the third offense and each additional offense within 12 months of the
first offense,
for any violation of Sections 12.16.010 through 12.16.120,inclusive and each of them,
of Chapter 12.16 (Streets,Parks and Recreational Facilities)of Title 12 (Streets,
Sidewalks and Public Places)of the Rancho Palos Verdes Municipal Code.
Section 3:Resolution No.2008-92,Section 2,is hereby amended to re-
establish the penalties for violations of Section 12.16.130 of the Rancho Palos Verdes
Municipal Code,which such amendment is declarative of existing law,as follows:
$100.00 for the first offense
$200.00 for the second offense within 12 months of the first offense
$500.00 for the third offense and each additional offense within 12 months of the
first offense.
Section 4:Section 3 of Resolution No.2008-44 and Resolution No.2008-92 are
further hereby amended by amending the Administrative Citation Penalty Schedule
attached thereto,to re-establish the penalties for any violation of any of the provisions of
Sections 8.20.010 through 8.20.290, 8.24.060,9.28.040,9.28.160, 9.28.180,9.28.200,
13.10.040,13.10.050,13.10.060,13.10.070,15.04.010,15.04.020,15.18.040,
15.18.050,and 17.76.050;and to add the penalties and escalation of enforcement
provisions for any violation of any of the provisions specified in Sections 1,2 and 3 of
this Resolution 2010-65,as follows:
2010-65.DOC
Resolution No.2010-65
Page 2 of 8
G-17
3RDAND EACH
2ND OFFENSE ADDITIONAL
1ST WITHIN 12 OFFENSE WITHIN
VIOLATION TYPES OFFENSE MONTHS 12 MONTHS
Chapter 5.20·Solicitation
§5.20.030 Manner of solicitation $100.00 $200.00 $500.00
~5.20.040 Distribution of handbills $100.00 $200.00 $500.00
Chapter 6.04 General Provisions
§6.04.020 Animal control ordinance $55.00 $100.00 $250.00
amended
§6.04.040 Number of dogs and cats allowed $55.00 $100.00 $250.00
§6.04.050 Animals prohibited on beaches $55.00 $100.00 $250.00
§6.04.060 Disturbing the peace prohibited $100.00 $200.00 $500.00
§6.04.070 Interference with the trapping and $100.00 $200.00 $500.00
relocation of peafowl-Prohibited
Chapter 8.20 •-Solid Waste Collection
and Disposal
§8.20.150 Litter.$55.00 $100.00 $250.00
§8.20.180 Care of containers.$55.00 $100.00 $250.00
~8.20.190 Unauthorized use of containers.$55.00 $100.00 $250.00
§8.20.200 Tampering with containers.$55.00 $100.00 $250.00
§8.20.210 Containers for garbage,market
refuse and rendering waste.$55.00 $100.00 $250.00
§8.20.220 Containers at residential premises.$55.00 $100.00 $250.00
§8.20.230 Cardboard boxes or paper bags.$55.00 $100.00 $250.00
§8.20.240 Placement of containers at
residential premises.$55.00 $100.00 $250.00
§8.20.250 Residential refuse containers-
Time of placement.$55.00 $100.00 $250.00
§8.20.280 Unlawful disposal.$55.00 $100.00 $250.00
Chapter 8.24 -Property Maintenance
§8.24.060 Prohibited activities and unlawful
conditions $55.00 $100.00 $250.00
Chapter 9.28 -Graffiti Prevention and
Removal
§9.28.040 Permitting graffiti to remain $55.00 $100.00 $250.00
prohibited.
§9.28.160 Sale of paint in aerosol cans-$55.00 $100.00 $250.00
When prohibited.
§9.28.170 Prohibition of possession of an $55.00 $100.00 $250.00
aerosol paint can in a public facility.
§9.28.180 -Restriction of pressurized $55.00 $100.00 $250.00
yontainers and indelible markers.
§9.28.200 -Parental responsibility.$55.00 $100.00 $250.00
Chapter 9.30 -Regulation of
Skateboards,Roller Skates,Inline
Skates,Scooters and Similar Devices
on Posted Property
§9.30.010 Skateboards,roller skates,inline
skates,scooters and similar wheeled devices
prohibited on posted property.$100.00 $200.00 $500.00
2010-65.DOC
Resolution No.2010-65
Page 3 of 8
G-18
Chapter 10.24 -Off-Road Use of
Vehicles
~10.24.010·Prohibition.$100.00 $200.00 $500.00
Chapter 12.16 -Streets,Parks and
Recreational Facilities
§12.16.01 0 Protection offlora,fauna and
public buildings and structures.$50.00 $100.00 $200.00
§12.16.020 Motorized vehicles.$50.00 $100.00 $200.00
§12.16.030 Hours of operation.$50.00 $100.00 $200.00
§12.16.040 Motorized or radio-controlled $50.00 $100.00 $200.00
models.
§12.16.045 Aircraft.$50.00 $100.00 $200.00
§12.16.050 Dogs and pets.$50.00 $100.00 $200.00
§12.16.060 Littering.$50.00 $100.00 $200.00
§12.16.070 Fires.$50.00 $100.00 $200.00
§12.16.080 Use of city parks,nature
preserves and recreational facilities.$50.00 $100.00 $200.00
§12.16.090 Closed areas.$50.00 $100.00 $200.00
§12.16.100 Nudity.$50.00 $100.00 $200.00
§12.16.110 HI.mtinQ prohibited.$50.00 $100.00 $200.00
§12.16.120 Skateboards,roller skates,in line
skates,scooters and similar wheeled devices
prohibited on public property.$50.00 $100.00 $200.00
§12.16.130 Reckless use of trails within the
Palos Verdes nature preserve prohibited.$100.00 $200.00 $500.00
Chapter 13.10 -Storm Water and
Urban Pollution Runoff Control
§13.10.040 Prohibited activities.$100.00 $200.00 $500.00
§13.10.050 Requirements for existing
properties-Good housekeeping provisions.$100.00 $200.00 $500.00
§13.10.060 Requirements for
industrial/commercial and construction
activities.$100.00 $200.00 $500.00
§13.10.070 Enforcement.$100.00 $200.00 $500.00
Chapter 15.04 -Building Code
(Appendix Chapter 1,Administration,
of the California Building Code,2007
Edition (Part 2 of Title 24 Calif.Code
of Regulations)as adopted by
reference by RPV Municipal Code
§15.04.010)
§105.1 Required,of §105 -Permits (of the .Administrative Code,as adopted by RPV
Municipal Code §15.04.010 -Building Code
adopted).$100.00 $200.00 $500.00
Chapter 15.18 -Administrative Code
(Appendix Chapter 1,Administration,
of the California Building Code,2007
Edition (Part 2 of Title 24 of the Calif.
Code of Regulations),as adopted by
reference by RPV Municipal Code
§15.18.010)
§105.5.Expiration,of §1 05 -Permits,of
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Resolution No.2010-65
Page 4 of 8
G-19
the Administrative Code (as amended by
RPV Municipal Code §15.18.050·
Administrative Code amended-
Expiration of permits).$100.00 $200.00 $500.00
§113.1 Violations,of §113 -Violations,of the
Administrative Code (as amended by RPV
Municipal Code §15.18.040 Administrative
Code amended-Violations and penalties).$100.00 $200.00 $500.00
§114 .3 Unlawful Continuance,of §114 --
Stop Work Order,of the Administrative Code
(as amended by RPV Municipal Code
§15.18.040 Administrative Code amended-
Violations and penalties).$100.00 $200.00 $500.00
Chapter 17.76·Miscellaneous Permits
and Standards
§17.76.050 SiQn permit.$55.00 $100.00 $250.00
3RD CITE AND
ESCALATION OF EACH
ENFORCEMENT 1ST CITE 2ND CITE ADDITIONAL CITE
Chapter 5.20 •Solicitation
§5.20.030 Manner of solicitation 3 DAYS 3 DAYS 1 DAY
§5.20.040 Distribution of handbills 3 DAYS 3 DAYS 1 DAY
Chapter 6.04 •General Provisions
§6.04.020 Animal control ordinance 14 DAYS 7 DAYS 7 DAYS
amended
§6.04.040 Number of dOQS and cats allowed 14 DAYS 7 DAYS 7 DAYS
§6.04.050 Animals prohibited on beaches 14 DAYS 7 DAYS 7 DAYS
§6.04.060 DisturbinQ the peace prohibited 14 DAYS 7 DAYS 7 DAYS
§6.04.070 Interference with the trapping and
relocation of peafowl-Prohibited 14 DAYS 7 DAYS 7 DAYS
Chapter 8.20 •Solid Waste Collection
and Disposal
§8.20.150 Litter.14 DAYS 7 DAYS 7 DAYS
~8.20.180 Care of containers.14 DAYS 7 DAYS 7 DAYS
§8.20.190 Unauthorized use of containers.14 DAYS 7 DAYS 7 DAYS
§8.20.200 Tampering with containers.14 DAYS 7 DAYS 7 DAYS
§8.20.210 Containers for garbage,market 14 DAYS 7 DAYS 7 DAYS
refuse and renderinQ waste.
§8.20.220 Containers at residential premises.14 DAYS 7 DAYS 7 DAYS
~8.20.230 Cardboard boxes or paper baas.14 DAYS 7 DAYS 7 DAYS
§8.20.240 Placement of containers at 14 DAYS 7 DAYS 7 DAYS
residential premises.
§8.20.250 Residential refuse containers-14 DAYS 7 DAYS 7 DAYS
Time of placement.
~8.20.280 Unlawful disposal.14 DAYS 7 DAYS 7 DAYS
§8.20.290 Frequency of collection.14 DAYS 7 DAYS 7 DAYS
Chapter 8.24 •Property Maintenance
§8.24.060(A)(1)14 DAYS 7 DAYS 7 DAYS
§8.24.060(A)(2)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(3)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(4)7 DAYS 7 DAYS 1 DAY
2010-65.DOC
Resolution No.2010-65
Page 5 of 8
G-20
§8.24.060(A)(5)14 DAYS 7 DAYS 7 DAYS
§8.24.060(A)(6)14 DAYS 7 DAYS 7 DAYS
§8.24.060(A)(7)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(8)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(9)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(l0)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(11)7 DAYS 7 DAYS 1 DAY
§8.24.060(A)(l2)7 DAYS 7 DAYS 1 DAY
Chapter 9.28 -Graffiti Prevention and
Removal 3 DAYS 3 DAYS 1 DAY
§9.28.040 Permitting graffiti to remain
prohibited.3 DAYS 3 DAYS 1 DAY
§9.28.160 Sale of paint in aerosol cans-
When prohibited.3 DAYS 3 DAYS 1 DAY
§9.28.170 Prohibition of possession of an
aerosol paint can in a public facility.3 DAYS 3 DAYS 1 DAY
§9.28.180 -Restriction of pressurized
containers and indelible markers.3 DAYS 3 DAYS 1 DAY
§9.28.200 -Parental responsibility.3 DAYS 3 DAYS 1 DAY
Chapter 9.39 -Regulation of
Skateboards,Roller Skates,Inline
Skates,Scooters and Similar Devices
on Posted Property
§9.30.010 Skateboards,roller skates,inline
skates,scooters and similar wheeled devices
prohibited on posted property.7 DAYS 7 DAYS 1 DAY
Chapter 10.24 -Off-Road Use of
Vehicles
§10.24.010 -Prohibition.1 DAY 1 DAY 1 DAY
Chapter 12.16 -Streets,Parks and
Recreational Facilities
§12.16.01 0 Protection of flora,.fauna and
public buildinQs and structures.1 DAY 1 DAY 1 DAY
§12.16.020 Motorized vehicles.1 DAY 1 DAY 1 DAY .
§12.16.030 Hours of operation.1 DAY 1 DAY 1 DAY
§12.16.040 Motorized or radio-controlled
models.1 DAY 1 DAY 1 DAY
§12.16.045 Aircraft.1 DAY 1 DAY 1 DAY
§12.16.050 Dogs and pets.1 DAY 1 DAY 1 DAY
§12.16.060 LitterinQ.1 DAY 1 DAY 1 DAY
§12.16.070 Fires.1 DAY 1 DAY 1 DAY
§12.16.080 Use of city parks,nature
preserves and recreational facilities.1 DAY 1 DAY 1 DAY
§12.16.090 Closed areas.1 DAY 1 DAY 1 DAY
§12.16.100 Nudity.1 DAY 1 DAY 1 DAY
§12.16.11 0 Hunting prohibited.1 DAY 1 DAY 1 DAY
§12.16.120 Skateboards,roller skates,in line
skates,scooters and similar wheeled devices
prohibited on public property.1 DAY 1 DAY 1 DAY
§12.16.130 Reckless use of trails within the
Palos Verdes nature preserve prohibited.1 DAY 1 DAY 1 DAY
Chapter 13.10 -Storm Water and
Urban Pollution Runoff Control
§13.10.040 Prohibited activities.1 DAY 1 DAY 1 DAY
2010-65.DOC
Resolution No.2010-65
Page 6 of 8
G-21
§13.1 0.050 Requirements for existing 1 DAY 1 DAY 1 DAY
properties-Good housekeepinQ provisions.
§13.10.060 Requirements for 1 DAY 1 DAY 1 DAY
industrial/commercial and construction
activities.
§13.10.070 Enforcement.1 DAY 1 DAY 1 DAY
Chapter 15.04·Building Code
(Appendix Chapter 1,Administration,
of the California Building Code,2007
Edition (Part 2 of Title 24 Calif.Code
of Regulations)as adopted by
reference by RPV Municipal Code
§15.04.010)
§105.1 Required,of §105 -Permits,of the
Administrative Code (as adopted by RPV
Municipal Code §15.04.010 -Building Code
adopted).7 DAYS 7 DAYS 7 DAYS
Chapter 15.18 .Administrative Code
(Appendix Chapter 1,Administration,
of the CalifQrnia Building Code,2007
Edition (Part 2 of Title 24 of the Calif.
Code of Regulations),as adopted by
reference by RPV Municipal Code
§15.18.010).
§105.5.Expiration,of §105 -Permits,of the
Administrative Code (as amended by RPV
Municipal Code §15.18.050 -Administrative
Code amended-Expiration of permits).7 DAYS 7 DAYS 7 DAYS
§113.1 Violations,of §113 -Violations,of the
Administrative Code (as amended by RPV
Municipal Code §15.18.040 Administrative
Code amended-Violations and penalties).7 DAYS 7 DAYS 7 DAYS
§114 .3 Unlawful Continuance,of §114 --
Stop Work Order,of the Administrative Code
(as amended by RPV Municipal Code
§15.18.040 Administrative Code amended-
Violations and penalties).3 DAYS 3 DAYS 1 DAY
Chapter 17.76·Miscellaneous Permits
and Standards
§17.76.050 SiQn permit.7 DAYS 7 DAYS 7 DAYS
Section 5:Except as otherwise expressly amended,the provisions of
Resolution No.2008-44 and Resolution No.2008-92 remain in full force and effect.
Section 6:This Resolution shall take effect immediately.
2010-65.DOC
Resolution No.2010-65
Page 7 of 8
G-22
PASSED,APPROVED and ADOPTED this 20th day of July,2010.
lsI Stefan Wolowicz
Mayor
Attest:
lsI Carla Morreale
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.2010-65 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 20,2010.
City Clerk
2010-65.DOC
Resolution No.2010-65
Page 8 of 8
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