RPVCCA_SR_2010_08_03_03_Amendments_To_Administrative_Penalty_OrdinanceMEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND MEMBERS OF CITY COUNC~
TOM ODOM,INTERIM DIRECTOR,RECREATIO"'~ARKS
AND CAROLW.LYNCH,CITY ATTORNEY V U
t'"
AUGUST 3,2010
AMENDMENTS TO ADMINISTRATIVE PENALTY ORDINANCE
CAROLYN LEHR,CITY MANAGER ~
RECOMMENDATION
Adopt Ordinance No.512,AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 1.08 (GENERAL PENALTY)AND CHAPTER 1.16
(ADMINISTRATIVE PENALTIES)OF TITLE 1 (GENERAL PROVISIONS)OF THE
RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE
ADMINISTRATIVE CITATION ORDINANCE.
DISCUSSION
On July 20,2010,the City Council adopted Resolution No.2010-65 establishing
administrative penalties and amending the administrative citation penalty schedule for
certain violations of the Rancho Palos Verdes Municipal Code,and introduced
Ordinance No.512 to amend Chapter 1.08 and Chapter 1.16 of Title 1 of the Rancho
Palos Verdes Municipal Code relating to the Administrative Citation Ordinance.Staff
now presents Ordinance No.512 for adoption.
CONCLUSION
In conclusion,staff recommends that the City Council adopt Ordinance No.512,
thereby amending Chapter 1.08 and Chapter 1.16 of Title 1 of the Rancho Palos
Verdes Municipal Code relating to the Administrative Citation Ordinance.
Attachments :
Ordinance No.512
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 1.08 (GENERAL PENALTY)AND CHAPTER
1.16 (ADMINISTRATIVE PENALTIES)OF TITLE 1 (GENERAL
PROVISIONS)OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATING TO THE ADMINISTRATIVE CITATION ORDINANCE
WHEREAS,pursuant to Ordinance No.473,the City of Rancho Palos Verdes
enacted Chapter 1.16 of the City of Rancho Palos Verdes Municipal Code to implement
an Administrative Citation Ordinance for the expeditious resolution of violations of the
Municipal Code,which such remedy is in addition to criminal,civil or other legally
established process that may be pursued to address Code violations and is reasonably
necessary to protect the health,safety and welfare of the citizens of the City of Rancho
Palos Verdes;and .
WHEREAS,Chapter 1.08 contains the general penalty provisions applicable to
issuance of criminal citations associated with violations of the Municipal Code;and
WHEREAS,it is necessary to amend Chapters 1.08 and 1.16 to further
implement the provisions of the City's Administrative Citation Ordinance;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE,AND ORDER AS FOLLOWS:
Section 1:Chapter 1.08 (General Penalty)of Title 1 (General Provisions)of
the Municipal Code is hereby amended to add Section 1.08.040 as follows:
"1.08.040 Concurrent authority.
Any officers and employees,and any other persons designated to
do so by this Code or the City Manager,shall have the concurrent
authority to issue administrative citations pursuant to Chapter 1.16
(Administrative Penalties)of Title 1 (General Provisions)of this Code."
Section 2:Section 1.16.020 (Definitions)of Chapter 1.16 (Administrative
Penalties)of Title 1 (General Provisions)of the Municipal Code is hereby amended to
revise the following definition:
""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."
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Section 4:Subsection (A)of Section 1.16.110 (Administrative fine -citations
and compliance orders)of Chapter 1.16 (Administrative Penalties)of Title 1 (General
Provisions)of the Rancho Palos Verdes Municipal Code is hereby amended as follows
(new language marked by highlight):
"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
($100)for the first violation,two hundred dollars ($200)for the second
violation of the same provision of this Code within twelve months of the
first violation,and,five hundred dollars ($500)for the third and each
additional violation of the same provision of this Code within twelve
months of the first violation."
Section 5:Subsection (C)of Section 1.16.110 (Administrative fine --citations
and compliance orders)of Chapter 1.16 (Administrative Penalties)of Title 1 (General
Provisions)of the Rancho Palos Verdes Municipal Code is hereby amended as follows:
"C.Administrative fines assessed for failing to fully comply with a compliance
order or administrative citation are a debt owed to the City."
Section 6:Section 1.16.260 (Remedies Cumulative)is hereby added to
Chapter 1.16 (Administrative Penalties)of Title 1 (General Provisions)of the Rancho
Palos Verdes Municipal Code as follows (new language marked by highlight):
"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."
Section 7:Severability.If any section,subsection,subdivision,paragraph,
sentence,clause or phrase in this Ordinance or any part thereof is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof.The City Council hereby declares that it would have
passed each section,subsection,subdivision,paragraph,sentence,clause or phrase
thereof,irrespective of the fact that anyone or more sections,subsections,
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subdivisions,paragraphs,sentences,clauses or phrases be declared unconstitutional,
or invalid,or ineffective.
Section 8:Posting.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.
Section 9:Effective Date.This Ordinance shall go into effect and be in full
force and effect at 12:01 a.m.on the thirty-first (31 st)day after its passage.
PASSED,APPROVED and ADOPTED this _day of_,2010.
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 ,2010.
City Clerk
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