HomeMy Public PortalAbout15) 9B Adoption of Reso 13-4897 Administrative Fine ScheduleDATE: April 2, 2013
AGENDA
ITEM 9.13.
COMMUNITY DEVELOPMENT DEPARTMENT
TO: The Honorable City Council
MEMORANDUM
FROM: Jose E. Pulido, City Manage
Via: Mark Persico, Community Development Director
Via: Robert Sahagun, Public Safety and Services Manager
By: Andrew J. Coyne, Management Analyst
SUBJECT: ADOPTION OF RESOLUTION NO. 13-4897 APPROVING AN
ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE
TEMPLE CITY MUNICIPAL CODE (TCMC)
RECOMMENDATION:
The City Council is requested to:
a) Conduct a Public Hearing; and
b) Adopt Resolution No. 13-4897 (Attachment "A") authorizing a new administrative fine
schedule for violations of the Temple City Municipal Code (including, but not limited
to, any other code adopted therein) and other State laws as authorized by Statute.
BACKGROUND:
On August 16, 1994, the City Council adopted Ordinance No. 94-766 that authorized
the establishment of administrative penalties for vehicle parking violations by
resolution of the City Council.
2. On February 15, 2005, the City Council adopted Ordinance No. 05-895 that
established a process for imposing administrative fines and/or penalties for violations
of the specific provisions of the Temple City Municipal Code (TCMC) by means of an
administrative citation.
3. On December 10, 2010, a City Codes Review City Council Ad Hoc Committee (i.e.,
Mayor Chavez and Council Member Sternquist) was formed to address the
challenges City staff has encountered in its attempts to enforce the TCMC.
City Council
April 2, 2013
Page 2
4. Between January and February 2011, staff conducted a review of the entire TCMC in
order to identify its deficiencies, and provide the Codes Ad Hoc Committee with
recommendations to better facilitate compliance.
5. On March 9, 2011, Community Preservation staff met with the Codes Ad Hoc
Committee to discuss the difficulties faced in the enforcement of the TCMC, including
inconsistent provisions, ambiguous verbiage, and outdated requirements that no
longer reflect the goals of the City, as well as the lack of necessary enforcement tools
needed to mandate compliance from persons who refuse to voluntarily comply with
applicable requirements.
6. On November 15, 2011, the City Council approved the first round of proposed
Code amendments that would facilitate improved enforcement of the TCMC and
subsequent compliance of violations. The ordinances approved were: Ordinance
No. 11-948 — Shopping And Laundry Cart Containment, Retrieval And Abatement;
Ordinance No. 11-949 - Abandoned And Vacant Property Registration,
Maintenance And Security Requirements; and Ordinance No. 11-950 - Public
Nuisance Regulations.
7. On February 28, 2012, the Codes Ad Hoc Committee reviewed staff's proposed
amendments to the current administrative citation procedures (contained within
TCMC Title 1, Chapter 4), provided input, and recommended that the proposed
Ordinance be submitted to the City Council for consideration and adoption.
8. On June 19, 2012, Ordinance No. 12-957, Amending Title 1, Chapters 2 and 4 of
the TCMC (Administrative Citation Ordinance), had its first reading. The proposed
ordinance expanded the use of administrative penalties to all violations of the
City's laws and refined the administrative procedures by providing those cited with
more clarity of the administrative review process and the potential collection
methods that can be used should 'a community member fail to pay the
administrative fine.
9. On July 3, 2012, Ordinance No. 12-957, had its second reading and was duly
passed, approved, and adopted by the City Council.
10. On March 14th and 21St 2013, public notices regarding the hearing for proposed
Resolution No. 13-4897 providing a Schedule of Administrative Fines for
administrative citations, along with a separate Schedule of Parking Fines, was
published in the Temple City Tribune.
City Council
April 2, 2013
Page 3
ANALYSIS:
Over the past two years, Community Preservation staff has worked with the Codes Ad
Hoc Committee to address deficiencies and possible amendments to the TCMC. Due to
inconsistent provisions, ambiguous verbiage, and outdated requirements, City staff lacked
the necessary tools to enforce the TCMC. In July 2012, City Council passed Ordinance
12-957, which expanded the use of administrative citations and fines to all violations of
the City's laws. This Ordinance directed that the amount of these administrative
citations be set forth in a schedule of fines established by Resolution of the City Council.
1. Current Enforcement Procedure
The City of Temple City does not presently have a Schedule of Administrative Fines.
Because of this deficiency, the current procedure for enforcing the TCMC relies largely
upon voluntary compliance with a "Notice of Violation." When there is not voluntary
compliance, the enforcement alternatives for compelling compliance with the City's
codes are time consuming and can be expensive in terms of attorney services. In
difficult cases, this leads to extended periods of noncompliance, and a backlog of
noncompliance cases. Most of these cases deal with property maintenance, safety
hazards, and public nuisances that negatively affect property values and the enjoyment
of neighboring properties, both public and private. Allowing these cases to remain in a
state of noncompliance has a detrimental effect on the general health, safety, and
welfare of the community.
2. Proposed Schedule of Administrative Fines
Under the proposed Schedule of Administrative Fines, it states that for violations of all
sections of the TCMC (other than parking violations) which are not otherwise specified
in the schedule, the fine for a first offense would be $100. A second offense within one
year would have a fine of $200. A third and subsequent offense within a year would
entail a fine of $500. Failure to respond to a citation would result in an increase in the
penalty, including collection fees and interest being assessed against the offender.
Under the newly approved process, a person has the opportunity to contest the citation
and fines by going through the administrative hearing process or subsequent in court.
However, payments for fines incurred through the administrative citation process would
come to the City rather than to the court. The process would be similar to the City's
current procedure for citations and fines for traffic violations.
The schedule includes two sections, "Exhibit A", which specifies the newly proposed
charges for specific violations of the TCMC (including increased fines for violations
pertaining to the unlawful possession, sale, and discharge of fireworks and pertaining to
the unlawful maintenance and security of vacant properties), and "Exhibit B" which
specifies the existing fines for violations of vehicular parking regulations, per Ordinance
94-766. Staff is not recommending changes to the parking fines, however, wishes to
consolidate all administrative fines into a single resolution.
City Council
April 2, 2013
Page 4
CONCLUSION:
To greatly facilitate the City's ability to effectively uphold the community's standards and
requirements as specified in the TCMC, the City Council is requested to adopt the
proposed Schedule of Administrative Fines in conjunction with implementation of the
Administrative Penalties Ordinance. This will ensure that the quality of life enjoyed by
Temple City's residents and property owners continues to be protected and enhanced
through the elimination of nuisance conditions and other egregious municipal code
violations, which jeopardize the general health, safety, and welfare of the community.
ATTACHMENT:
A. Resolution No. 13 - 4897
B. Proposed "Schedule of Administrative Fines for Violations of the Temple City
Municipal Code" (Exhibit A) with separate "Schedule of Parking Fines" (Exhibit B)
ATTACHMENT "A"
RESOLUTION NO. 13-4897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ADOPTING AN ADMINISTRATIVE FINE SCHEDULE
FOR VIOLATIONS OF THE TEMPLE CITY MUNICIPAL CODE
WHEREAS, On August 16, 1994, the City Council adopted
Ordinance No. 94-766, adding Section 3334 to the Temple City Municipal
Code authorizing the establishment of penalties for vehicle parking
violations by Resolution of the City Council; and
WHEREAS, on February 15, 2005, the City Council of the City of
Temple City adopted Ordinance 05-895, amending Title 1 of the Temple
City Municipal Code to establish a process for imposing
administrative/ civil fines for violations of the Temple City Municipal
Code (and other technical codes adopted therein); and,
WHEREAS, on July 3, 2012, the City Council of the City of Temple
City adopted Ordinance 12-957, modifying and refining the
administrative procedures for the imposition, enforcement, collection,
and administrative review of the administrative citations and
administrative fines and penalties; and,
WHEREAS, Ordinance 12-957 provides that the amount of the
administrative fine for violations of the Temple City Municipal Code and
other applicable State laws shall be set forth in a schedule of fines
established by resolution of the City Council; and,
WHEREAS, Ordinance 12-957 requires that the schedule of fines
provide for increased fines for repeat violations of the same code
provision by the same responsible person; and,
WHEREAS, Ordinance 12-957 provides for the assessment of a re-
inspection fee (in an amount to be established by Resolution) against a
responsible person who does not timely and completely correct or abate a
violation after having received notification from the City to correct or
abate same; and,
WHEREAS, Ordinance 12-957 provides for the imposition of an
interest charge (in an amount to be established by Resolution) for any
administrative fines that are not paid within sixty (60) calendar days of
the issuance of an uncontested administrative citation or within sixty
(60) calendar days of a final administrative and/or judicial
determination; and,
WHEREAS, the City of Temple City has a substantial interest in
promoting compliance with the local laws that have been enacted by the
City Council in an effort to promote and protect the health, safety, and
general welfare of the City's residents, business community, and visitors;
and,
WHEREAS, the City Council believes that the use of the
administrative citation program promotes the City of Temple City's
interest in promoting compliance with local laws; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Temple City that the updated "Schedule of Administrative/Civil
Fines," as set forth in Exhibit "A", and the "Schedule of Parking Fines" as
set forth in Exhibit "B" attached hereto, is hereby adopted.
The foregoing was passed and adopted at a regular meeting of the City
Council of the City of Temple City on the day of , 2013, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EXHIBIT A
SCHEDULE OF ADMINISTRATIVE FINES
FOR VIOLATIONS OF THE TEMPLE CITY MUNICIPAL CODE
(AND OTHER CODES ADOPTED THEREIN)
Unless otherwise specified in the following schedule, the administrative fine for
violations of the Temple City Municipal Code (and other codes adopted therein)
enforced pursuant to the provisions of Chapter 4 of Title 1 of the Temple City
Municipal Code shall be as follows
• $100 for the 1st offense
i $200 for the 2nd offense of the same provision within a 12 -month period
of time
$500 for the 3rd or greater offense of the same provision within a 12 -
month period of time
Code Description of Violation
Section
(TCMC)
(LACC)*
First
Second
Third
Offense
Offense
Offense
(in
(in
12 -month
12 -month
period)
period)
Title 4 ("Law Enforcement")
Chapter 2 ("Nuisances")
Article I ("Abandoned and Vacant Property Registration, Maintenance, and
Security Requirements")
Violation of Any Provision of Article 1 1$1000 1$2500 1$5000
Title 3 ("Public Safety")
Chapter 6 (`Animal Control")
Article C ("Dog Licenses")
3603(TCMC) "Dog License Required" $50 $100
10.20.030
(LACC)
Title 8 ("Storm Water Pollutant Elimination_ ")
Chapter 2 ("Illicit Connections and Discharges")
8200(TCMC) "Illicit Connection to Sewer $1000 $2500
System"
8201(TCMC) "Illicit Discharge" $1000 $2500
*LACC: Los Angeles County Code
$250
$5000
$5000
Code
Description of Violation
First
Second
Third
Section
Offense
Offense
Offense
(TCMC)
(in
(in
(LACC)
3
h
period) 3
period)
Title 3 ('Public Safety")
Chapter 1 ("Fire Code")
3106(A)
Manufacturing, Sale, or
$1000*
$2500*
$5000*
(TCMC)
Use of Dangerous
Fireworks
3106(B)
Possession of Dangerous
$1000*
$2500*
$5000*
(TCMC)
Fireworks
3107(A)
Sale of Safe & Sane
$500
$1000
$2500
(TCMC)
Fireworks Without Permit
3107(B)
Sale of Safe & Sane
$500
$1000
$2500
(TCMC)
Fireworks from
Unapproved Location
3107(C)
Sale of Safe & Sane
$250
$500
$1000
(TCMC)
Fireworks at Prohibited
Times
3107(D)
Sale of Safe & Sane
$500
$1000
$2500
(TCMC)
Fireworks to Minor
3108(A)
Discharge of Safe & Sane
$250
$500
$1000
(TCMC)
Fireworks During
Prohibited Times
3108(B)
Discharge of Safe & Sane
$250
$500
$1000
(TCMC)
Fireworks at Prohibited
Location
3108(C)
Discharge of Safe & Sane
$250
$500
$1000
(TCMC)
Fireworks by Minor
3109(A)
Discharge of Dangerous
$1000*
$2500*
$5000*
(TCMC)
Fireworks or Special
Effects Without Permit
3119(TCMC)
Failure to Comply with
$500*
$1000*
$2500*
Operating Requirements
for Fireworks Stand
In addition to the fine referenced in this schedule, a citee shall be assessed, and shall be
liable and responsible for the payment of, the actual costs associated with the collection,
transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted
by the State Fire Marshal.
BE IT FURTHER RESOLVED, that interest in the amount of ten percent (10%)
per year, computed daily, shall accrue and be assessed on any fine that is not
fully paid to the City within sixty (60) calendar days of its imposition/issuance
when it is not contested in accordance with the provisions of Chapter 4 of Title
1 of the Temple City Municipal Code, or if it is not fully paid to the City within
sixty (60) calendar days of any decision of a hearing officer or a judicial officer
to uphold or confirm the fine if contested in accordance with the provisions of
Chapter 4 of Title 1 of the Temple City Municipal Code.
Exhibit B
Schedule of Parking Fines
Code Section
Description of First Second
Third
(TCMC)
Violation Offense Offense
Offense
(CVC)*
(in
(in
(l.ACC)*
36 -month
36 -month
period)
period)
Title 3 ('Public Safety")
Chapter 3 ("Traffic Regulations")
Article A ("Vehicular Traffic
Requla'ions")
3303(TCMC)
Restricted
$55
Residential Parking
lam-6pm
3311 (TCMC)
Vehicle left on Truck
$85
Route
3313 (TCMC)
Overweight on
$85
Restricted Street
3320(TCMC)
Overnight Parking 2-
$55
5 am
3330(TCMC)
Back In Parking in
$55
City Lots
3331 (TCMC)
Restricted Special
$55
Resident Parking
3338(A)(1)
Red Zone - No
$55
(TCMC)
Stopping Anytime
3338(A)(2)
Yellow - Commercial
$55
(TCMC)
Loading
3338(A)(3)
White - Passenger
$55
(TCMC)
Loading
3338(A)(4)
Green - 20 Min.
$55
(TCMC)
Parking
3548(TCMC)
Park Area/lot b/w
$55
10 pro -6am
4115(TCMC)
Overnight in City Lot
$55
9332(A)(1)
Front or Side Lot of
$55
(TCMC)
"R" Zoned Property
9332(A)(4)
Commercial Vehicle
$85
(TCMC)
on "R" Zoned
Property
15.20.130(LACC)
Occupying 2 spaces
$55
(street)
15.64.010(LACC)
Signs Limiting
$55
Parking
15.64.020(LACC)
Loading
$55
Zone(commercial)
15.64.030(LACC)
Time Limit - Post
$55
Office
15.64.040(LACC)
Mail Box
$55
Code Section Description of First Second Third
(TCMC) Violation Offense Offense Offense
(CVC)* (in (in
(I.ACC)* 36 -month 36 -month
period) period)
15.64.050(LACC)
Commercial
$55
Vehicles/Residential
Zone
15.64.100(LACC)
Trailers/Semitrailers
$85
15.64.110(LACC)
Bus Loading Zone
$275
15.64.120(LACC)
In Passenger Zone
$55
15.64.130(LACC)
Alley
$55
15.64.140(LACC)
Temporary No
$55
Parking (Posted)
15.64.200(LACC)
72 -Hour Parking
$55
15.64.210(LACC)
Key In Ignition
$55
Unattended
15.64.220(LACC)
On Grade
$55
15.64.240(LACC)
Angle Parking
$55
15.64.250(LACC)
Double Parking
$55
15.64.260(LACC)
No Parking Anytime
$55
(Posted)
15.64.261(LACC)
Vehicle Over 6',
$85
Parked Near
Intersections
15.64.270(LACC)
Parking
$55
Private/Public
Property
15.64.280(LACC)
Wrong Side Of Street
$55
15.64.290(LACC)
In Parkway
$55
15.64.300(LACC)
Blocking Highway Or
$85
Private Street
15.64.310(LACC)
Transporting
$85
Hazardous Waste
15.64.320(LACC)
Cross-
$55
Walks/Driveways On
Private Street
15.64.340(LACC)
For Sale Sign On
$55
Highway
15.64.350(LACC)
Special Hazard
$55
(Posted)
15.64.370(LACC)
Fire Hydrant On
$85
Private Street
15.64.390(LACC)
Assigned Parking
$55
Spaces
15.64.400(LACC)
On Street Handicap
$355
15.64.440(LACC)
Taxi Stands
$55
15.64.470(LACC)
Parking Meters
$55
(HWY)
15.64.480(LACC)
Parking Meters
$55
(Parking Lots)
Code Section
Description of Violation
First
Second Third
(TCMC)
Offense
Offense Offense
(CVC)*
(in (in
(I�iCC)t
36-month 36-month
period) period)
15.76.080(LACC)
Driving - Riding On
$55
Sidewalk
15.76.120(LACC)
Repairing Vehicle On
$55
Street
15.76.130(LACC)
Washing Vehicle On
$55
Street
4000(A)(CVC)
Registration Required
$75
4464 (CVC)
Altered Plates
$55
5011(A)(CVC)
Id Plate
$55
5200(CVC)
Display License Plates
$55
5201(CVC)
License Plate Position
$55
5204(CVC)
Tabs
$55
9400(CVC)
Commercial Weight Fees
$55
21113(A)(CVC)
Public Ground
$55
22500(A)(CVC)
Within Intersection
$55
22500(B)(CVC)
On Crosswalk
$55
22500(C)(CVC)
Between Safety Zone
$55
22500(D)(CVC)
Within 15 Feet Of Fire
$85
Station
22500(E)(CVC)
In Or Blocking Driveway
$55
22500(F)(CVC)
On Or Across Sidewalk
$55
22500(G)(CVC)
Obstruction Excavation
$55
22500(H)(CVC)
Double Parking
$55
22500(I)(CVC)
In Bus Loading Zone
$280
22500(I)(CVC)
On Bridge
$55
22500(L)(CVC)
Blk Access Ramp -
$280
Handicap/Disabled
22500.1(CVC)
Fire Lane
$85
22502(A){CVC)
Curb Parking
$55
22502(B)(CVC)
No Parking Anytime
$55
22507.8(CVC)
Disabled Parking
$355
22514(CVC)
Fire Hydrant
$85
22515(CVC)
Unattended Vehicle
$85
22516(CVC)
Locked Vehicle
$85
22517(CVC)
Open Door To Traffic
$55
Code Section
Description of Violation
First
Second
(TCMC)
Offense
Offense
(CVC)*
(I ACC) *
36 -month
period)
22519(CVC)
Off-street Parking
$85
22521(CVC)
On Railroad Track
$85
22522(CVC)
Near Sidewalk Access
$280
Ramp
27155(CVC)
Fuel Tank Cap
$55
x2
(double
of
Late Fee
citation)
Vehicle Inspection Fee
$20
Verification Of Disabled
$25
Person Placard Fee
*CVC: California Vehicle Code
*LACC: Los Angeles County Code
Third
Offense
(in
36 -month
period)