ORD 685 ORDINANCE NO. 685
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 15.18.040 (ADMINISTRATIVE CODE
AMENDED — VIOLATIONS AND PENALTIES) OF CHAPTER 15.18
(ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE, TO ESTABLISH A PENALTY FEE WAIVER FOR BUILDING
AND CONSTRUCTION VIOLATIONS PERFORMED BY PRIOR
PROPERTY OWNERS.
WHEREAS, in order to address Code Enforcement violations related to
unpermitted construction, the applicant/property owner are responsible for paying
applicable application fees at triple the amount of fees for all building permit types to
address the violations; and
WHEREAS, the Community Development Department has experienced
instances of new property owners being required to pay hefty penalty fees to remedy
code violations that unknowingly occurred prior to them taking ownership; and
WHEREAS, the RPVMC currently authorizes the Director of Community
Development the ability to waive penalty fees for Planning Division related applications
111 to remedy violations; and
WHEREAS, in order to better assist residents, developers, and the business
community in addressing building code violations of RPVMC regulations and to
establish consistency across Zoning and Building code sections, an update of the
affected code sections to provide the same fee waiver options is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
° Section 1. The facts set forth in the Recitals are true and correct and are
incorporated herein by reference.
Section 2. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does
not constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it
constitutes general policy and procedure making; (2) it does not constitute a "project"
under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in
physical change to the environment, either directly or indirectly; and (3) in the
alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2),
since the activity will not result in direct or reasonably foreseeable indirect physical
change in the environment, and Section 15061(b)(3), since it can be seen with certainty
that there is no possibility that this Ordinance will have a significant effect on the
environment.
Section 3. Section 15.18.040 (Administrative code amended — Violations and
penalties) of Chapter 15.18 (Administrative Code) of Title 15 (Building and Construction)
is amended to read as follows (Note: Deleted text is noted in and new text
is noted in bold/underline):
15.18.040 -Administrative Code amended —Violations and penalties
Notwithstanding the provisions of section 15.18.010 of this chapter, sections 114.1 and
114.2 are amended to read and section 114.3 is added to read:
114.1 Violations. No person shall erect, construct, enlarge, alter, repair, move,
improve remove, convert, demolish, equip, use, occupy or maintain any building,
structure or building service equipment or perform any grading in the city or
cause or permit the same to be done contrary to, or in violation of, any of the
provisions of this code or any of the technical codes the most current version
of the California Residential Building Code.
114.2 Penalties. Any person who violates any provision of this code or any of the
the most current version of the California Residential
Building Code shall be deemed guilty of a misdemeanor and shall be deemed
guilty of a separate offense for each and every day or portion thereof during
which any violation continued or was permitted, and upon conviction is
punishable as set forth in section 1.08.010 of the Rancho Palos Verdes Municipal
Code.
114.3 Penalty fees. The permit fees and charges made pursuant to title 15 of the
Rancho Palos Verdes Municipal Code shall be tripled, (not including fees for
nonstructural fixture) when work requiring a permit has been started or continued
° or finished prior to obtaining permit. The triple fee shall be based on the structural
permit fee, or square footage of remodel area, or a minimum fee as established
pursuant to city council resolution. The Director of Community Development
may waive the penalty fees if the property owner can demonstrate to the
director's satisfaction that any violation of any provisions of this code or
the most current version of the California Residential Building Code
occurred prior to their acquiring the property, was not disclosed by the
prior owner or their representatives, and could not have been discovered
through the ordinary course of due diligence when the property was
acquired.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council declares that it would have adopted each section,
Ordinance No 685
Page 2 of 3
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify 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.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this 16th day of July, 2024.
AA/---
John i shank, Mayor
ATTEST:
1eres ..Iakaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, 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; and
that the foregoing Ordinance No. 685 was introduced by the City Council of said City at
a regular meeting thereof held on July 2, 2024, was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on July 16, 2024, and that the
same was passed and adopted by the following roll call vote:
AYES: Alegria, Bradley, Ferraro, Seo and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: None
I01414eClerk
Ordinance No 685
Page 3 of 3
.JCS
CITY OF
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on July 18, 2024, she caused to be posted the following document
entitled: ORDINANCE NO. 685, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTIONS 15.18.040
(ADMINISTRATIVE CODE AMENDED — VIOLATIONS AND PENALTIES)
OF CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS
AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE, TO ESTABLISH A PENALTY FEE WAIVER FOR BUILDING AND
CONSTRUCTION VIOLATIONS PERFORMED BY PRIOR PROPERTY
OWNERS, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Park
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting.
lerk