CC SR 20190507 L - Fine Schedule_AMRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/07/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to amend the Rancho Palos Verdes Administrative
Citation Fine Schedule for certain violations of the City’s Municipal Code
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution 2019-__, A RESOLUTION AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE FIRST
AND SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF
RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING
RESOLUTION NO. 2017-11.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Rudy Monroy, Code Enforcement Officer RM
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2019-__ (page A-1)
BACKGROUND AND DISCUSSION:
The City’s Code Enforcement Division is primarily reactive unless it relates to life and
safety or short-term rental violations. Enforcement cases involving violations such as
property maintenance or trash receptacle issues are typically resolved through a site
visit, written notice and consultation with the offending party. Enforcement cases
consisting of non-permitted construction or grading are more involved and typically
require multiple site visits and letters to the offending party. Furthermore, these cases
often require the offending party to go through the planning application and building
permit process to resolve the issue while being monitored by the Code Enforcement
Officers.
Code Enforcement cases where the offending party is non-responsive may be
addressed with the issuance of an administrative citation. Section 1.16.110(A) of the
Rancho Palos Verdes Municipal Code (RPVMC) provides the fine for a particular
violation in the amount set forth in the administrative citation penalty schedule
established by resolution of the City Council.
Staff proposes to amend the administrative penalty fine schedule to further enumerate
or clarify violations that may be subject to an administrative citation by a non-responsive
party. Specifically, any violation of the Municipal Code is proposed to be considered a
Tier One penalty, except as otherwise noted in the penalty fine schedule. Tier One
administrative fines are $100 for the first violation; $200 for the second violation; and
$500 for the third and subsequent violations.
The following violation types, per occurrence, are proposed to be added to the Tier Two
penalties:
Building or working after receiving a Stop Work Order or Notice of Violation
Working beyond the City-permitted hours of construction
Tier Two administrative fines are $2,500 for the first violation; $5,000 for the second
violation; and $7,500 for the third and subsequent violations.
The proposed Resolution (Attachment A) includes a revised Administrative Citation Fine
Schedule that includes violation types described above for Tier Two penalties, and
rescinds Resolution No. 2017-11.
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.
01203.0005/548108.3
RESOLUTION NO. 2019-__
A RESOLUTION AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY
AMENDING THE FIRST AND SECOND TIER
OF FINES FOR CERTAIN VIOLATIONS OF THE
CITY OF RANCHO PALOS VERDES MUNICIPAL CODE,
AND RESCINDING RESOLUTION NO. 2017-11.
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.
WHEREAS, on April 4, 2017, the City Council adopted Resolution No. 2017-11 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.
WHEREAS, the City Council desires to issue administrative citations to those who
violate the City’s leaf and debris blower ordinance, improperly maintain their drainage
swales, create a public nuisance, do not comply with the City’s real estate sign
regulations, conduct construction beyond the permitted hours, and to clarify that
administrative citations may be issued for not complying with City’s code.
WHEREAS, the addition and clarification of penalties 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
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
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01203.0005/548108.3 Resolution No. 2019-__
Page 2 of 3
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 building 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
Except as otherwise provided below, all violations of the Rancho Palos Verdes
Municipal Code are subject to Tier 1 administrative fines. Tier 1 administrative fines are
$100 for the first violation; $200 for the second violation; and $500 for the third and
subsequent violations.
Violations of the following sections of the Rancho Palos Verdes Municipal Code are
subject to Tier 2 administrative fines, as follows:
Tier 2 Penalty Fines
Violation Type 1st Citation 2nd Citation 3rd Citation (and
subsequent)
Violations of any conditions of
approval (including Conditional
Use Permits)
$2,500 $5,000 $7,500
Advertising or operating a short-
term rental in the City’s residential
(RS or RM) zoning district, per
occurrence.
$2,500 $5,000 $7,500
Building/working after a Stop Work
Notice or Notice of Violation has
been issued, per occurrence.
$2,500 $5,000 $7,500
Building/working with expired
permits $2,500 $5,000 $7,500
A-2
01203.0005/548108.3 Resolution No. 2019-__
Page 3 of 3
Tier 2 Penalty Fines
Violations of City Construction
Hours, per occurrence. $2,500 $5,000 $7,500
Violations of Social Host Liability
Ordinance, per occurrence $2,500 $5,000 $7,500
Section 5: Resolution No. 2017-11 is hereby rescinded.
PASSED, APPROVED and ADOPTED this 7th day of May 2019.
_____________________
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. 2019-__, was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on May 7, 2019.
______________________________
City Clerk
A-3