HomeMy WebLinkAbout12/7/2005 - STAFF REPORTS (16) jvALM S,4
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City Council Staff Report
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DATE: December 7, 2005 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1679, MODIFYING THE PROVISIONS OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AND
ADMINISTRATIVE CITATIONS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
'The City Council will consider adoption of Ordinance No. 1679.
RECOMMENDATION:
Waive further reading and adopt 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."
STAFF ANALYSIS:
At its November 16, 2005, meeting the City Council introduced on first reading the proposed
ordinance.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
J nies Thompson David H. Ready
m"Pty Clerk City Manager
Attachment:
Ordinance No. 1679
Item 2 . E .
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.
City Attorney'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
Ordinance No.
Page 2
Chapter 1.06 of this Code shall be deemed a violation pursuant to the provisions of
this Section.
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:
Ordinance No.
Page 3
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 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.
Ordinance No.
Page 4
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:
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
Ordinance No.
Page 5
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:
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 DAY OF , 2005.
MAYOR
ATTEST:
City Clerk
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. is a full, true, and correct copy, and was introduced at
a regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California