Loading...
CC RES 2022-025 RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING THE ADMINISTRATIVE CITATION PENALTY FINE SCHEDULE BY AMENDING THE SECOND TIER OF FINES FOR VIOLATIONS OF SECTION 8.08.020(C) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2020-22 WHEREAS, the City of Rancho Palos Verdes is a general law City located in the County of Los Angeles, State of California; and WHEREAS, pursuant to the Rancho Palos Verdes Municipal Code (RPVMC), 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 is responsible for enforcement of the RPVMC in its entirety; and WHEREAS, Section 8.08.020(C) of the RPVMC regulates the display of fireworks and provides that any fireworks display must first be approved by the City Council and provides the procedure-related thereto; and WHEREAS, currently, pursuant to Section 8.08.030 of the RPVMC, a violation of any provision of the City's fire code or of any permit or license granted, or any rule, regulation or policy promulgated thereunder, is guilty of a misdemeanor unless such violation is otherwise declared to be an infraction by Section 8.08.050 of the RPVMC; and WHEREAS, pursuant to Section 8.08.030 of the RPVMC, every violation determined to be a misdemeanor under Chapter 8.08 of the RPVMC is punishable in such manner and to such extent as is provided by Section 1.08.010(A) of the RPVMC, and every violation determined to be an infraction under Chapter 8.08 of the RPVMC is punishable in such manner and to such extent as is provided by Section 1.08.010(B) of the RPVMC; and WHEREAS, Section 1.16.110(A) of the RPVMC 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; and, WHEREAS, in addition to Sections 1.08.010(A) and (B) of the RPVMC, the City Council desires to issue administrative citations to those who violate Section 8.08.020(C) of the RPVMC, which will allow Code Enforcement and/or Law Enforcement to abate II violations through the use of Administrative Penalties pursuant to Chapter 1.16 of the RPVMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND 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 RPVMC. Section 3. Any penalty amount imposed pursuant to Chapters 1.08 and 1.16 of the RPVMC 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 RPVMC 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. 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 RPVMC 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 RPVMC, there shall be a separate penalty imposed and collected in connection with violations of Chapter 8.08.020(C) (Fireworks Displays). I Resolution No 2022-25 Page 2 of 4 ADMINISTRATIVE CITATION PENALTY FINE SCHEDULE Except as otherwise provided below, all violations of the RPVMC 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 RPVMC are subject to Tier 2 administrative fines, as follows: Tier 2 Penalty Fines 2nd 3rd Citation (and Violation Type 1stCitation 2 Citation subsequent) a ) 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 7 i I (RS zonin $2,500 $5,000 $ ,500 residenta orRM) g district, per occurrence. Building/working after a Stop Work Notice or Notice of $2,500 $5,000 $ Violation has been issued, per occurrence. Building/working with expired permits $2,500 $5,000 $7,500 Violations of City Construction $2,5007$5,000 $ ,500 Hours, per occurrence. Violations of Social Host Liability $2,500 $5,000 $7500 Ordinance, per occurrence Violations of Chapter 12.08 (Trees and Shrubs), per $2,500 $5,000 $7,500 occurrence Violations of Section 8.08.020(C) (Fireworks Displays), per $1 ,000 $5,000 $7,500 occurrence. Section 5: Resolution No. 2020-22 is hereby rescinded. Resolution No. 2022-25 Page 3 of 4 PASSED, APPROVED and ADOPTED this 3rd day of May 2022. 1 .' a raw. David L. Bradley, 4 . or Attest: eresa ikaoka, 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. 2022-25, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 3, 2022. qty Clerk111 Resolution No 2022-25 Page 4 of 4