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HomeMy WebLinkAbout1679 - ORDINANCES - 12/7/2005 ORDINANCE NO. 1679 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.140, 1.06.020, 1.01.150, 8.04.340, SUBSECTIONS 1.06.030 A, 1.06.040 B, 1.06.040 C, 1.06.060 A, 1.06.220 A, 2.50.080 (a), 11.72.220 A, AND 11.72.220 E OF, AND REPEALING SECTION 8.04.135 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF MODIFICATIONS TO PROVISIONS OF THE CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS ORDINANCES. CityAttorney's Summary This ordinance also provides minor clean-up of provisions of the City's Administrative Citation ordinance; provides the City Attorney with authority to prosecute code violations as misdemeanors or infractions; eliminates duplicative code provisions relating to the Building Code Appeals Board; and provides an express right to appeal decisions of the Building Official to the Building Code Appeals Board. The City Council of the City of Palm Springs ordains: SECTION 1. Section 1.01.140 of the Palm Springs Municipal Code is amended to read: 1.01.140 Violation - Infraction. Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or willfully failing to comply with any provision of this Code shall be guilty of an infraction for any such violation and shall be subject to penalties as provided in Section 1.01.155, unless: (1) a different penalty is prescribed; (2) the violation is made a misdemeanor by ordinance; or (3) the City Attorney files a complaint charging the offense as a misdemeanor. SECTION 2. Section 1.01.150 of the Palm Springs Municipal Code is amended to read: 1.01.150 Subsequent or Continuing Violation - Misdemeanor. Any person who commits a second or subsequent violation of the same provision of this code within one year of the commission of the first such violation shall be guilty of a misdemeanor for each such violation and shall be subject to penalties as provided in Section 1.01.160, unless the City Attorney files a complaint charging the offense as an infraction. Each day or portion thereof that a person, firm or corporation permits a violation of this code to continue shall constitute a separate and subsequent offense. The issuance of an administrative citation pursuant to the provisions of Chapter 1.06 of this Code shall be deemed a violation pursuant to the provisions of this Section. Ordinance No. 1679 Page 2 SECTION 3. Section 1.06.020 of the Palm Springs Municipal Code is amended by adding ' the following definition to such section to read: "Public Safety Officer" means a police officer or the Fire Chief of the City or the Fire Chief's designee authorized under the laws of the State of California or this Code to enforce the provisions of the Palm Springs Municipal Code. A "Public Safety Officer" is an "Enforcement Officer" as defined in this Chapter. SECTION 4. Subsection A of Section 1.06.030 of the Palm Springs Municipal Code is amended to read: A. Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, either by receiving a complaint or being witness to the violation, the Enforcement Officer has the authority to take the actions identified in this Section and issue an administrative citation to a Responsible Party for the violation, as provided herein, unless the violation is deemed to be an immediate threat to life and safety, at which time the matter shall be referred to the Building Official, Police Department, Fire Department, or other applicable agency, depending on the nature of the violation, for immediate action. A Public Safety Officer shall not be required to issue a pre-citation or courtesy notice as provided in Subsection B of this Section; however, a Public Safety Officer, in the discretion of such officer, may issue such courtesy notice. SECTION 5. Subsection B of Section 1.06.040 of the Palm Springs Municipal Code is amended to read: B. Second Administrative Citation. If the violation continues after the compliance date in the first administrative citation or any extension period granted by the city, or a second violation of the same provision of this code occurs within one year of the compliance date of the first such violation, a second administrative citation shall be issued. The second administrative citation shall carry a fine of $250.00, or such amount as the City Council may establish by resolution, and shall require abatement of the violation within ten (10) calendar days from the date of the second administrative citation, and shall clearly indicate "SECOND ATTEMPT TO OBTAIN COMPLIANCE." If an extension of the compliance date set forth in the second administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension. The second administrative citation shall warn the responsible party of an additional $500.00 penalty for not abating the violation by the compliance date set forth in the second administrative citation or the extension period granted by the city. SECTION 6. Subsection C of Section 1.06.040 of the Palm Springs Municipal Code is amended to read: C. Third Administrative Citation. If the violation continues after the compliance date in ' the second administrative citation or any extension period granted by the city, or a third or subsequent violation of the same provision of this code occurs within one year of the Ordinance No. 1679 Page 3 compliance date of the first such violation, a third administrative citation shall be issued. The third administrative citation shall carry a fine of $500.00, or such amount as the City Council may establish by resolution, and shall require abatement of the violation within ten (10) calendar days from the date of the third administrative citation, and shall clearly indicate "FINAL ATTEMPT TO OBTAIN COMPLIANCE — FAILURE TO COMPLY MAY RESULT IN PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS —ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY." If an extension of the compliance date set forth in the third administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension. SECTION 7. Subsection A of Section 1.06.060 is amended to read: A. The City Manager shall designate a Hearing Officer or Hearing Officers to conduct appeals under this Chapter. Each Hearing Officer shall be an individual or appointed person or board, subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the State or the City relating to conflicts of interest. All costs associated with the Hearing Officer shall be paid from the appeal hearing fees and fines collected from administrative citations. The responsible party may request the City Manager to excuse a Hearing Officer upon a showing of actual prejudice against the party's cause. The Hearing Officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows: 1. A valid citation shall be prima facie evidence of the violation. 2. The Hearing Officer shall administer oaths and accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation. 3. The owner, agent, person responsible for the violation, or any other interested person, may present testimony or evidence concerning the violation and the means and time frame for correction. SECTION 8. Subsection (a) of Section 2.50.080 of the Palm Springs Municipal Code is amended to read: (a) A person aggrieved by an action taken by an administrative officer of the City as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten (10) days of the action. The notice of appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought; and shall include payment to the city clerk of the appeal fee, as established or amended time to time by resolution of the City Council. SECTION 9. Section 8.04.135 of the Palm Springs Municipal Code is repealed. SECTION 10. Section 8.04.340 of the Palm Springs Municipal Code is amended to read: Ordinance No. 1679 Page 4 8.04.340 Building Code Appeals Board ' A. In order to determine suitability of alternate materials and methods of construction, provide for reasonable interpretations of the provisions of Title 8 of this Code, and to hear appeals of any decisions or actions of the Director of Building and Safety, there shall be and is created a board of appeals, consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The board of appeals shall be the same as cited in each of the uniform codes adopted under Section 8.04.010 of this Code. The board of appeals shall be appointed by the City Council. Board members shall not be employees of the city and shall serve without compensation. Members may be dismissed by a majority vote of the City Council, but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. All matters before the board shall be administered by the Director of Building and Safety Services or the Director's authorized representative. The board shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The board shall render all decisions and findings in writing with a duplicate copy to the appellant and may recommend to the city council such new legislation as is consistent therewith. The board's decision shall constitute final administrative action and be effective on the date on which the decision is rendered. B. Any person aggrieved of any decision of the Director of Building and Safety Services, or any decision of any designee of the Director, including but not limited to the issuance of a notice of violation or the initiation of any enforcement action pursuant to the provisions of the uniform codes adopted under Section 8.04.010 of this Code, shall within ten (10) days of the action file a written notice of appeal with the City Clerk. The appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought, and shall include the payment of the appeal fee as established or amended from time to time by resolution of the City Council. SECTION 11. Subsection A of Section 11.72.220 of the Palm Springs Municipal Code is amended to read: A. The City Manager shall designate a Hearing Officer or Hearing Officers to conduct appeals under this Chapter. Each Hearing Officer shall be an individual or appointed person or board, subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the State or the City relating to conflicts of interest. All costs associated with the Hearing Officer shall be paid from the appeal hearing fees and fines collected pursuant to this Chapter. The responsible party may request the City Manager to excuse a Hearing Officer upon a showing of actual prejudice against the party's cause. The Hearing Officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs. SECTION 12. Subsection E of Section 11.72.220 of the Palm Springs Municipal Code is amended to read: Ordinance No. 1679 Page 5 E. The Hearing Officer shall make findings based on the record of the hearing and make a written decision based on the findings. The decision of the Hearing Officer is final and shall not be subject to appeal to the City Council. The City shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within ten (10) calendar days after the hearing. SECTION 13. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. ADOPTED this 71h day of December, 2005. Mayor ATTEST: ty Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. C7Y OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1679 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on November 16, 2005, and adopted at a regular meeting of the City Council held on December 7, 2005, by the following vote: AYES: Councilmember Mills, Councilmember Pougnet, Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None A13STAIN: None ' es Thompson, City Clerk ity of Palm Springs, California