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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the difficulties faced in the enforcement of the TCMC, including inconsistent provisions, ambiguous verbiage, and outdated requirements that no longer reflect the goals of the City, as well as the lack of necessary enforcement tools needed to mandate compliance from persons who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)