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CC RES 2021-040 RESOLUTION NO. 2021-40 A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING THE CITY'S BAIL SCHEDULE TO REFLECT CHANGES TO THE MUNICIPAL CODE AND TO UPDATE FINE AMOUNTS FOR SPECIFIC VIOLATIONS. WHEREAS, the City of Rancho Palos Verdes ("City") is a general law City located in the County of Los Angeles, State of California; and 1 WHEREAS, pursuant to the Rancho Palos Verdes Municipal Code, fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership; and WHEREAS, the City of Rancho Palos Verdes is responsible for enforcement of its Municipal Code in its entirety; and p Y WHEREAS, Since the City's Bail Schedule was last amended, the City Council has taken actions that have either created land use regulations, licensing regulations, and certain prohibitions on activities within the City, and violations of these adopted regulations are a public nuisance and may be prosecuted using administrative means by Code Enforcement or Law Enforcement. Inclusion of fines in the City Bail Schedule related to potential nuisance activities will allow Code Enforcement and/or Law Enforcement to abate violations through the use of Administrative Fines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the foregoing recitals are true and correct and are incorporated herein by reference. Section 2: The administrative penalty amounts set forth and attached hereto as "Exhibit A" 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 01203 0001f716041 1 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 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: That the adoption of this resolution does not constitute a "project" within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, as the parking restrictions do not have the potential for resulting in either a direct physical change to the environment, or a reasonable foreseeable indirect physical change in the environment. Therefore, this resolution is not subject to CEQA. PASSED, APPROVED and ADOPTED on this day August Au ust 17 2021. Eric Alegria, Mayo Attest: eresa .oka, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2021-40 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 17, 2021. Teresa1äRaoka, City Clerk 01203 0001/716041 1 Resolution No 2021-40 Page 2 of 4 RESOLUTION NO. 2021-40 ATTACHMENT "A" CITY OF RANCHO PALOS VERDES AMENDMENT TO GENERAL BAIL SCHEDULE TO ADD PENALTIES FOR VIOLATIONS OF CHAPTERS 9.08, 9.16, 10.20, 12.16, AND 12.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE The Rancho Palos Verdes Municipal Code Section 1.08 provides that any violation of the Rancho Palos Verdes Municipal Code ("Code") may be prosecuted as a misdemeanor, as an infraction or as a civil administrative action. Pursuant to California Government Code Section 36900(b), every violation of the.Code determined to be a misdemeanor is punishable by a fine of not more than One Thousand ($1,000.00) Dollars, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Further, every violation of the Code determined to be an infraction is punishable by: (1) a fine not exceeding One Hundred Dollars ($100) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same Code provision within one year; (3) a fine not exceeding Five Hundred Dollars ($500) for each additional violation of the same Code provision within one year. The City officer who issues the citation shall indicate the Code section or provision that was violated. For repeated offenses of the same Code section or provision within one calendar year, the officer will indicate the repeated offense by adding the number of repeated offenses in parentheses after the Code Section number. Note: Unless otherwise provided by City Council, bail for any violation of the Code for which no provision is made in this schedule shall be in the amount of One Hundred ($100.00) Dollars for a first violation; Two Hundred ($200.00) for a second violation of the same code provision within a twelve-month period; and Five Hundred ($500.00) Dollars for each additional violation of the same code provision within a twelve-month period. MISDEMEANORS Code Section Description of Code Section Violations 12.20.040 Special event permit required. 9.08.010 Discharge prohibited. 9.16.020 Photography and Film - Permit Required INFRACTIONS Code Description of Code Bail - Bail - Bail - Section Section Violations First Second Third 111 Offense Offense Offense 01203.0001/696460.2 12.16.160 Possession and $50.00 $100.00 $200.00 consumption of alcohol prohibited. 12.16.170 Commercial Services and $50.00 $100.00 $200.00 industrial Activities Prohibited in Parks, Preserve, and Recreational Areas. PARKING VIOLATIONS Code Section Description of Code Section Fine Violations 10.20.070 Description of permits—Display. $110 Destruction of residential parking 10.20.090 permit due to transfer of vehicle or $110 change of address. I I 01203 0001!696460 2 Resolution No 2021-40 Exhibit A Page 2 of 2