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CC SR 20220503 04 - Fine Schedule - Fireworks CITY COUNCIL MEETING DATE: 05/03/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to amend the City’s Administrative Fine Schedule to include violations of the City’s fireworks provisions pursuant to Section 8.08.020(C) of the Rancho Palos Verdes Municipal Code (RPVMC). RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution 2022-___ 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 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2022-____ (page A-1) B. Resolution No. 2020-22 (page B-1) BACKGROUND: The City of Rancho Palos Verdes is located in a Very High Fire Hazard Severity Zone as designated by the California Department of Forestry and Fire Protection (Cal Fire) and has over 1,400 acres of open space, in which wildfire is considered a significant threat. The use of fireworks to celebrate national holidays and commemorative occasions such as the Fourth of July, New Year's Eve or gender reveal parties has been a common 1 CfTYOF RANCHO PALOS VERDES tradition in Southern California. Unfortunately, these events have caused great concern to the fire-prone Palos Verdes Peninsula. In June-July 2020, for example, the City experienced four brush fires in one month, three of which happened just a few days before and after the Fourth of July. Two of these fires were believed to have been caused by fireworks, including a pyrotechnic used for a gender reveal party. Implementing stricter penalty fines for fireworks would send a louder message to the public that unapproved fireworks are illegal in our City year-round. This evening, Staff seeks City Council's consideration to establish stricter fines for violations of Section 8.08.020(C) of the Rancho Palos Verdes Municipal Code and updating the City’s Administrative Fine Schedule accordingly. DISCUSSION: In 2021, the Los Angeles County Fire Department (LACoFD) and Sheriff’s Department noted that the increase of fireworks activity in the Palos Verdes Peninsula region was especially pronounced, and both expect that without additional enforcement to curb the use of illegal fireworks, the problem may continue to grow. Currently, violation of the fireworks prohibition results in a Los Angeles County Sheriff’s Department (LASD) citation in the amount of a $500 fine (based on LA County Fire Code). Section 8.08.020(C) of the RPVMC requires that any fireworks display must first be approved by the City Council. RPVMC Section 8.08.020(C) further stipulates that if the City Council finds that the fireworks display can be made without danger or nuisance to the general public, then the City Council shall grant the permit; otherwise, it shall deny it. Approval is also required from the Los Angeles County Fire Department, United States Coast Guard, and the Federal Aviation Administration (FAA). Pursuant to RPVMC Section 8.08.030, any person violating any fire code provision or of any permit or license granted, or any regulation or policy promulgated pursuant to RPVMC Chapter 8.08, is guilty of a misdemeanor. Section 1.08.010(B) of the RPVMC states that any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonmen t. As the Fourth of July is quickly approaching, establishing steeper fines could help deter the use of illegal fireworks as desired by the LASD and LACoFD. Thus, Staff recommends the City Council consider amending the City’s Administrative Fine Schedule to include enhanced penalties for illegal fireworks. Resolution No. 2020-22 sets the City’s Administrative Fine Schedule to address violations of the RPVMC as civil penalties (Attachment B). Should the City Council desire to amend the administrative citation amounts for violations related to illegal fireworks, the attached resolution would repeal and replace Resolution No. 2020-22 and would establish citation fines, pursuant to Tier 2 Penalty Fines, in the amount of $2,500 for the first violation, $5,000 for the second violation, and $7,500 for the third and subsequent violations. Due 2 to the extreme danger of fire and the risk of physical and environmental harm, increased fines are needed to provide sufficient deterrence of illegal and unpermitted activity. ADDITIONAL INFORMATION: Supplemental Sheriff Patrols Staff is collaborating with the cities of Rolling Hills Estates and Lomita for the potential cost-sharing of firework suppression teams through the Lomita Sheriff’s Station. Firework suppression teams would provide enforcement of the RPVMC, as well as increase the visibility of our Los Angeles County Sheriff's Department resources around the Fourth of July holiday. Public Outreach Staff will ensure to notice the increased fine amounts through its social media platforms and via a press release. CONCLUSION: Staff recommends the City Council establish Administrative Fines, under the Tier 2 Penalty Fines, for violations of Section 8.08.020(C) of the RPVMC. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Do not establish additional fines for violation of Section 8.08.020(C). 2. Increase the administrative fine amount based on a different penalty tier. 3. Take other action, as deemed appropriate. 3 RESOLUTION NO. 2022-__ 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 A-1 Resolution No. 2022-__ Page 2 of 4 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 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). 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 A-2 Resolution No. 2022-__ Page 3 of 4 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 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 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 Violations of Section 8.08.020(C) (Fireworks Displays), per occurrence. $2,500 $5,000 $7,500 Section 5: Resolution No. 2020-22 is hereby rescinded. A-3 Resolution No. 2022-__ Page 4 of 4 PASSED, APPROVED and ADOPTED this 3rd day of May 2022. _____________________ David L. Bradley, Mayor Attest: _____________________________ Teresa Takaoka, 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-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 3, 2022. _____________________________ City Clerk A-4 B-1 I I I RESOLUTION NO. 2020-22 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 1.16.11 0(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: by reference. The above recitals are found to be true and are incorporated herein 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 /6 41698 .2 WWW B-2 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 del inquent 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 bu i Id in g 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 v iolation 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 PENAL TY FINE SCHEDULE Except as otherwise provided below , all vio lations 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 : T ier 2 Penalty Fines Violation Type 1st Citation Violations of any conditions of approva l (includ ing Cond itional $2 ,500 Use Perm its) Advertis ing or operating a short- term rental in the City's residential $2 ,500 (RS or RM) zoning district , per occurrence. 012 03.0006/64 1698 .2 WWW 2 nd Citation $5 ,000 $5 ,000 3 rd Citation (and subsequent) $7 ,500 $7 ,500 Resolution No . 2020-22 Page 2 of 3 I I I B-3 I I I Tier 2 Penalty Fines Building/working after a Stop Work 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 Liabilit) $2,500 $5 ,000 $7 ,500 Ordinance, per occurrence Violations of Chapter 12.oc (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 . ATTEST: 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 . 012 03 .0006/64 16 98 .2 WWW Resolution No . 2020-22 Page 3 of 3