CC SR 20240716 C - Building Code Amendment 15.18.040
CITY COUNCIL MEETING DATE: 07/16/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 685 amending Section
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 (RPVMC) to establish a penalty fee waiver for building and
construction violations performed by prior property owners (Case No. PLCA2024-0002).
RECOMMENDED COUNCIL ACTION:
(1) Adopt 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.
FISCAL IMPACT: The City currently collects triple penalty fees for building permits
related to violations when work requiring a permit has been started, continued, or finished
prior to obtaining a building permit. These penalty fees are variable and are dependent
on the various permit types and their associated costs. It is expected that there may be
one or two of these waiver requests per year.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jeffrey Kim, Assistant Planner
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 685 (page A-1)
B. Draft Redlined Code Amendment (page B-1)
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The previous Staff Report on this topic can be found on the City’s website via the July 2,
2024 City Council Agenda at:
https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=2684
BACKGROUND AND DISCUSSION:
On July 2, 2024, Ordinance No. 685 (Attachment A) was introduced by the City Council
for a first reading. Ordinance No. 685, amends Section 15.18.040 (Administrative code
amended – Violations and penalties) to establish a penalty fee waiver for building and
construction violations performed by prior property owners. At the July 2, 2024 meeting,
the City Council expressed that the code amendment could be clarified to add property
ownership representatives as part of the updated language. The City Council then
directed Staff to add “or their representatives” after “…was not disclosed by the prior
owner…” to address this concern. The updated version of the proposed code amendment
section is as follows with the proposed new text noted with bold/underline:
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.
This evening, Ordinance No. 685, is presented for its second reading and adoption. If
adopted, the ordinance will go into effect after 30 days from the date of adoption.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1) Direct Staff to revise Ordinance No. 685 for re-introduction and/or second reading
at a future City Council meeting.
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Ordinance No. ___
Page 1 of 3
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
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.
A-1
Ordinance No. ___
Page 2 of 3
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 strikethrough 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
technical codes 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,
A-2
Ordinance No. ___
Page 3 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.
______________________________
John Cruikshank, Mayor
ATTEST:
_______________________
Teresa Takaoka, 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:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
A-3
Section 1. 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:
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
technical codes 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.
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