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CC SR 20200505 02 - Illegal Tree Removal 01203.0006/641699.3 CITY COUNCIL MEETING DATE: 05/05/2020 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to amend Chapter 12.08 (Trees and Shrubs) of the Rancho Palos Verdes Municipal Code to strengthen the City’s ability to protect unlawful actions to City trees and to amend the City’s Administrative Citation Penalty Fine Schedule to impose Tier 2 penalties for such violations. RECOMMENDED COUNCIL ACTION: (1) Waive further reading and introduce by title only Ordinance No. ___ entitled “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTIONS 12.08.040 & 12.08.050 OF CHAPTER 12.08 (“TREES & SHRUBS”) TO TITLE 12 (“STREETS, SIDEWALKS & PUBLIC PLACES”) AND SECTIONS 1.16.010 & 1.16.110 OF CHAPTER 1.16 (“ADMINISTRATIVE FINES”) OF TITLE 1 (“GENERAL PROVISIONS”) OF THE RANCHO PALOS VERDES MUNICIPAL CODE”; and (2) Adopt Resolution No. 2020- __ amending the Administrative Citation Penalty Fine Schedule by amending the Second Tier of Fines for certain violations of Chapter 12.08 of Rancho Palos Verdes Municipal Code, and rescinding Resolution No. 2019-15. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: William Wynder, City Attorney REVIEWED BY: Elias K. Sassoon, MS MPA, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. ___ (Page A-1) B. Resolution No. 2020- __ (Page B-1) BACKGROUND: 1 01203.0006/641699.3 Protecting and preserving the City’s semi-rural quality of life, including its City’s trees and shrubs, is paramount to the people who live and work in the City of Rancho Palos Verdes. Trees offer many benefits, some of which are directly identifiable and quantifiable, and others that are aesthetic and experiential. Tree benefits are increasingly being regarded as providing a public service. Trees provide these services every day, similarly to other City infrastructure, such as water mains, electrical transmission lines, streets, and sewers. Trees are City infrastructure that appreciate in value and services provided as they mature. The environmental and beautification benefits provided by trees that are in compliance with the City’s View Preservation and Restoration Ordinance (Chapter 17.02.040 of the Rancho Palos Verdes Municipal Code ((RPVMC)) are essential components to support healthy residents and a vibrant community. Sadly, and as recently as the week of April 20, 2020, Staff has encountered increased incidents where, for the private benefit of property owners (to improve views or enhance property values), City trees have been cut down or otherwise damaged by unpermitted and unilateral actions. In reviewing the City’s ordinances and penalties for such unlawful actions, Staff has come to the conclusion that existing fines could be viewed by some as merely a “cost of doing business,” such that the penalty provisions of the Municipal Code are not a meaningful deterrent to these unlawful actions. The attached draft ordinance and resolution are intended to address these concerns. DISCUSSION: Code Amendments to Chapter 12.08 The unpermitted damaging or cutting down of trees in the City’s rights-of-way or on City property constitutes a violation of Sections 12.08.040 and 12.08.050 of the RPVMC, which prohibits any person from cutting any tree growing in, on, or along any City street, except with the authorization of the City’s Public Works Director. A violation of the RPVMC amounts to a public nuisance, for which City may seek redress, if necessary, through civil litigation. Furthermore, pursuant to California Code of Civil Procedure § 733, “[a]ny person who cuts down . . . any . . . tree, . . . or otherwise injures any tree . . . on the street or highway . . . or city lot, or cultivated grounds; or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, is liable to . . . such city or town, for treble the amount of damages . . . .” To provide more robust enforcement options to City Staff for such unpermitted and unlawful actions to cut down or damage City trees or shrubs, the attached draft ordinance is intended to enable the City to punish violators and to deter those considering such unilateral and unlawful actions by making the following amendments: (1) Clarifying and making internally consistent the prohibitions in select sections of Chapter 12.08 the cutting or damaging of City trees in, on or along any City street, on other City property, or within any City right-of-way; and, 2 01203.0006/641699.3 (2) Enhancing the administrative fines and penalties sections of Chapter 1.16 to include: (a) replacing like kind of cut down or damaged trees; (b) imposing treble damages for unlawful tree damage or removal, such damage to be calculated based upon the appraised value of the damaged/removed tree(s) by a licensed arborist, and (c) imposing Tier 2 penalties for violation of Chapter 12.08 (see below). By incorporating these penalties into the administrative fines provisions of the Municipal Code, the City needs not resort to court action, and the long delays often associated with a judicial proceeding, as its only remedy for damage or destruction of its City trees and shrubs. Rather, the City’s Code Enforcement Officers can, if this ordinance is adopted, utilize the City’s internal administrative citation and hearing process to penalize violators thereby enhancing the deterrent effect of the Municipal Code. Amendments to the City’s Administrative Citation Penalty Schedule The attached draft resolution proposes to rescind Resolution 2019-15, which last amended the City’s Administrative Citation Penalty Schedule, to be consistent with the proposed amendments to the Municipal Code by making violations of Chapter 12.08 subject to Tier 2 penalties. Tier 2 penalties are more punitive than Tier 1 administrative fines ($100 for the first violation; $200 for the second violation; and $500 for the third and subsequent violations) and consist of the following:  $2,500 for the first violation;  $5,000 for the second violation; and,  $7,500 for the third and subsequent violations The above Tier 2 penalties that would apply for the unpermitted and unlawful cutting or damaging of City trees or shrubs is in addition to the proposed ordinance that would require replacing the tree(s) of the same caliper and imposing treble the amount of damage caused by the violation. Staff believes that the combined penalties would now be more punitive and meaningful to deter these unlawful actions. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Take such other action as the City Council deems appropriate consistent with the requirements of law. 3 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTIONS 12.08.040 & 12.08.050 OF CHAPTER 12.08 (“TREES & SHRUBS”) TO TITLE 12 (“STREETS, SIDEWALKS & PUBLIC PLACES”) AND SECTIONS 1.16.010 & 1.16.110 OF CHAPTER 1.16 (“ADMINISTRATIVE FINES”) OF TITLE 1 (“GENERAL PROVISIONS”) OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the City of Rancho Palos Verdes (the “City”) is a general la w city and a political subdivision of the State of California and a municipal corporation; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City has the authority to adopt and enforce ordinances and regulations which are designed to promote public health, safety and welfare and which are not in conflict with general laws; and WHEREAS, the City prides itself on its semi-rural character and desires to protect the same from those who would, for their own private purposes, damage or destroy City trees and shrubs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The foregoing Recitals are true and correct. Section 2. Sections 12.08.040 & 12.08.050 of Chapter 12.08 (“Trees & Shrubs”) are hereby amended to read as follows (deleted text in strikethrough & added text in bold & italics): “12.08.040 - Planting and removal by unauthorized persons prohibited. No person shall plant, cut down, mutilate, injure, remove, or in any way impair the natural growth of any tree planted or growing in, on, or along any city street, on other city property, or within any city right of way, or cause or permit the same to be done except as provided in this chapter.” “12.08.050 - Planting or removal—Permit required. Any person desiring permission to plant, cut down, remove, or in any way impair the natural growth of any tree planted or growing in, on, or along any city street, on other city property, or within any city right of way shall first make written application to the director of public works for a permit therefor. The director may require all or any part of such approved work approved by him to be performed by a licensed A-1 01203.0006/641697.2 Ordinance No. ____ Page 2 of 4 contractor. The removal and replacement of trees shall be based on the City's tree removal, replacement and maintenance policy.” Section 3. Sections 1.16.010 & 1.16.110 of Chapter 1.16 (“Administrative Fines”) are hereby amended to read as follows (deleted text in strikethrough & added text in bold & italics): “1.16.010 - Scope. This chapter provides for an administrative remedy for any violation of this code, including, but not limited to, violations related to building, plumbing, electrical, or other similar structural or zoning issues, violations of chapter 12 of this code, or any violation of any condition of any city approval. 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.” 1.16.110 - Administrative fine & remedy—Citations and compliance orders. 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; provided that, in the case of a violation of chapter 12.08 of this code, there may be imposed 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, a fine as provided herein and, 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. 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 same amount as listed in Section 1.08.010 (Misdemeanors—Infractions—Nuisances) of this code. Section 4. Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that adoption of this ordinance, adding a new chapter to the Rancho Palos Verdes Municipal Code, will have a significant effect on the environment. Therefore, adoption of this ordinance is not subject to CEQA. A-2 01203.0006/641697.2 Ordinance No. ____ Page 3 of 4 Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. The City Clerk shall cause this Ordinance to be posted in 3 public places in the City within 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 of Rancho Palos Verdes. Section 7. This Ordinance shall take effect at 12:01 AM on the 31st day after its passage. A-3 01203.0006/641697.2 Ordinance No. ____ Page 4 of 4 PASSED, APPROVED, AND ADOPTED this ___day of ____ 2020. ______________________ John Cruikshank, Mayor Attest: _______________________ Emily Colborn, 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, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. ____ passed first reading on __________, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on __________, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Emily Colborn, City Clerk A-4 01203.0006/641698.2 WWW RESOLUTION NO. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE 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. B-1 01203.0006/641698.2 WWW Resolution No. 2020-__ Page 2 of 3 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 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. 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 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 B-2 01203.0006/641698.2 WWW Resolution No. 2020-__ Page 3 of 3 Tier 2 Penalty Fines 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 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 Violations of Chapter 12.08 (Trees and Shrubs), per occurrence $2,500 $5,000 $7,500 Section 5: Resolution No. 2019-15 is hereby rescinded. PASSED, APPROVED and ADOPTED this ___ day of ____ 2020. _____________________ John Cruikshank, Mayor ATTEST: ______________________ Emily Colborn, 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-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 5, 2020. ______________________________ Emily Colborn, City Clerk B-3