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CC RES 2020-022 RESOLUTION NO. 2020-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING T H E ADMINISTRATIVE CITATION PENALTY FINE SCHEDULE BY AMENDING THE SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF CHAPTER 12.08 (TREES AND SHRUBS)OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2019-15 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, the City Council desires to issue administrative citations to those who violate Chapter 12.08 (Trees and Shrubs) of the Rancho Palos Verdes Municipal Code in connection with cutting down, mutilating, injuring, removing, or in any way impairing in its natural growth City-owned trees and vegetation. 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, California, 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 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. 01203.0006/641698.21MMA/ 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: Any administrative penalties specified for violations of the Rancho Palos Verdes Municipal Code shall be a separate penalty collected in connection with the building permit application to legate 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. Section 5: In addition to any administrative penalties specified for violations of the Rancho Palos Verdes Municipal Code, there shall be a separate penalty imposed and collected in connection with violations of Chapter 12.08 (Trees and Shrubs) to include (1) an order to replace the tree(s) of the same caliper as those cut down, mutilated, injured, removed, or in any way impaired in its natural growth; (2) the a fine as provided hereinafter; and, (3) pursuant to Code of Civil Procedure section 733, the imposition of treble the amount of damage caused by the violation of such chapter, such damage to be calculated based upon the appraised value of the damaged/removed tree(s) by a licensed arborist. 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 2nd 3rd Citation (and Violation Type 1stCitation Citation subsequent) q ) Violations of any conditions of approval (including Conditional $2,500 $5,000 $7,500 Use Permits) 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. 01203.0006/641698.2 VVWVV Resolution No. 2020-22 Page 2 of 3 Building/working after a Stop Work 2 Penalty Fines Notice or Notice of Violation has $2,500 $5,000 $7,500 been issued, per occurrence. Building/working with expired $2,500 $5,000 $7,500 permits Violations of City Construction $2,500 $5,000 $7,500 Hours, per occurrence. Violations of Social Host Liability $2,500 $5,000 $7,500 Ordinance, per occurrence Violations of Chapter 12.08 (Trees and Shrubs), per $2,500 $5,000 $7,500 occurrence Section 5: Resolution No. 2019-15 is hereby rescinded. PASSED, APPROVED and ADOPTED this 5th day of May 2020. Ai o n Cruikshank, Mayor ATTEST: 172,€,_,..7d--, Oro, milt' Col orn, 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. 2020-22, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 5, 2020. Colborn, City Clerk 111 01203.0006/641698.2 WWW Resolution No. 2020-22 Page 3 of 3