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HomeMy WebLinkAbout04-12 CC Ordinance I ORDINANCE NO. 04-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 - COMMUNITY STANDARDS PRESERVATION ORDINANCE THE CITY COUNCil OF THE CITY OF TEMECULA DOES ORDAIN AS FOllOWS: Section 1. Title 1 of the Temecula Municipal Code is hereby amended, by the addition of a new Chapter 1.24, which shall read, in words and figures, as set forth on Attachment 1 hereto. Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. I PASSED, APPROVED AND ADOPTED this 1ih day of October, 2004. ATT~ST: ayor I R/Ords 2004/0rds 04-12 I I I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of September, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of October, 2004 by the following vote, to wit: AYES: 4 NOES: 0 ABSENT: ABSTAIN: 0 COUNCILMEMBERS: Comerchero, Stone, Washington, Naggar COUNCILMEMBERS: None COUNCILMEMBERS: Roberts COUNCILMEMBERS: None R/Ords 2004/0rds 04-12 I I I ATTACHMENT 1 Community Standards Preservation Ordinance 1.24.010 Scope: Chapter 1.24 Title 1 governs the administrative assessment of civil penalties for violations of the Temecula Municipal Code ("TMC") and applicable state codes so as to ensure the City's community standards are preserved for the beneficial enjoyment of all citizens. 1.24.020 Purpose and Intent a) The Council finds that there is a need for alternative methods of enforcement of the Temecula Municipal Code and applicable state codes. The Council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary additional method of code enforcement which will augment the City's existing code enforcement remedies. b) The administrative assessment of civil penalties established in this Chapter is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the municipal code or applicable state codes. 1.24.030 Authority a) Any person violating any provision of the municipal code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this Chapter. b) Each and every day a violation of any provision of the municipal code or applicable state code exists constitutes a separate and distinct violation for which remedy shall be sought by the City. c) Civil penalties may be directly assessed by means of a Notice and Order issued by the City Manager or his designee. Civil Penalties may be recovered by assessment of a Code Enforcement Lien pursuant to Temecula Municipal Code Section 8.16.080 and related sections. d) Civil penalties for violations of any provision of the municipal code or applicable state codes shall be assessed at a daily rate determined by the "City Manager" or his designee or Enforcement Hearing Officer pursuant to the criteria listed in Section 1.24.050 of this Chapter. The maximum rate shall be $2,500 per violation. The maximum amount of civil penalties shall not exceed $100,000 annually per parcel or structure for any series of violations. e) The City has the authority to record a lien against the owner's property for failure to pay the civil penalties levied against the premises. R/Ords 2004/0rds 04-12 I I I 1.24.040 Procedures-Notice and Order a) Whenever the City Manager or designee determines that a violation of one or more provisions of the municipal code or applicable state code has occurred or continues to exist, a written civil penalties Notice and Order may be issued to the Responsible Person. b) The Notice and Order shall refer to all code sections violated and describe, in reasonable detail, how each section is being violated. c) The Notice and Order shall refer to the dates and locations of the violations. d) The Notice and Order shall describe all remedial action required to permanently correct outstanding violations and establish time frames for completion. e) The Notice and Order shall establish a daily amount of civil penalties. The City Manager or designee shall determine the daily amount of civil penalties pursuant to the criteria in this Chapter. f) The Notice and Order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the Notice and Order until the violations are corrected. g) If the City Manager or designee determines that the violations are continuing, the Notice and Order shall demand that the Responsible Person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City Departments. h) The Notice and Order shall enumerate any other consequences should the Responsible Person fail to comply with the terms and deadlines as prescribed in the Notice and Order. i) the Notice and Order shall identify appropriate hearing procedures as required by Section 1.21 of the Temecula Municipal Code. j) The Notice and Order shall be served upon the responsible Person by anyone of the methods of service listed in Section 1.21 of the Temecula Municipal Code. k) The Notice and Order shall identify the factors used by the City Manager or designee in determining the duration and the daily amount of civil penalties. I) More than one Notice and Order may be issued against the same Responsible Person if it encompasses either or both different dates, different violations, or different parties responsible for the violation. 1.24.050 Determination of Civil Penalties a) In determining the date when civil penalties started to accrue, the City Manager or designee may consider the date when the City first discovered the violations as evidenced by the issuance of a Notice of Violation or any other written correspondence. R:/Ords 2004/0rds 04-12 I I I b) The assessment of civil penalties shall end when all action required by the Notice and Order has been completed. c) In determining the amount of the civil penalty to be assessed on a daily rate, the City Manager or designee may consider some or all of the following factors: 1) The duration of the violation. 2) The frequency or recurrence of the violation. 3) The seriousness of the violation. 4) The history of the violation. 5) The Responsible Person's conduct after issuance of the Notice and Order. 6) The reasonable and good faith effort by the Responsible Person to comply. 7) The economic impact of the penalty on the Responsible Person. 8) The impact of the violation upon the community. 9) Any other factors that justice may require. d) The City Manager has the authority to establish a penalty schedule to use as a guideline in determining the amount of civil penalties to be assessed in each individual case. The City Manager shall also establish criteria and procedures for the application of this penalty schedule. 1.24.060 Administrative Costs The Enforcement Hearing Officer is authorized to assess any and all reasonable administrative costs. Administrative costs may include scheduling and processing of the hearing, staff and consultant time and materials and all subsequent actions. 1.24.070 Failure to Comply with Director's Notice and Order The City Manager shall appoint an Enforcement Hearing Officer, which may be a third party, and to establish a date, time and place for the civil penalties hearing in accordance with the Temecula Municipal Code when the Responsible Person fails to comply with the terms of the Notice and Order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the municipal code or applicable state codes. 1.24.080 Civil Penalties Hearing a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Section 1.21 of the Temecula Municipal Code. All Enforcement Hearing Officers, including a third party Enforcement Hearing Officer, shall follow these regulations and procedures and the requirements of this Chapter. R:/Ords 2004/0rds 04-12 I I I b) The Enforcement Hearing Officer shall only consider evidence that is relevant to the following issues: (1) whether the Responsible Person has caused, suffered, condoned, or maintained a violation of the municipal code or applicable state code that existed on the dates specified in the Notice and Order; and (2) whether the amount of civil penalties assessed by the City Manager or designee pursuant to the procedures and criteria outlined in Section 1.21 was reasonable. 1.24.090 Administrative Enforcement Order a) Once all evidence and testimony are completed, the Enforcement Hearing Officer shall issue an Administrative Enforcement Order which affirms or rejects the City Manager or designee's Notice and Order or which modifies the daily rate or duration of the civil penalties depending upon the review of the evidence. The Enforcement Hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the City Manager or designee's Notice and Order. b) The Enforcement Hearing Officer may issue an Administrative enforcement Order that requires the Responsible Person to cease from violating the Municipal Code or applicable state codes and to make necessary corrections. c) As part of the Administrative Enforcement Order, the Enforcement Hearing Officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of civil penalties on the Responsible Person's ability to complete compliance by specified deadlines. d) The Enforcement Hearing Officer may issue an Administrative Enforcement Order which imposes additional civil penalties that will continue to be assessed until the Responsible Person complies with the Hearing Officer's decision and corrects the violation. e) The Enforcement Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the Administrative Enforcement Order. 1.24.100 Failure to Comply With The Administrative Enforcement Order a) Upon the failure of the Responsible Person to comply with the terms and deadlines set forth in the Administrative Enforcement Order, the City Manager or designee may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the Administrative Enforcement Order. The City shall consider and, when desirable, utilize the imposition of a lien upon the Responsible Persons' real property that is the subject matter of the Administrative Enforcement Order to secure recovery or collection of the civil penalties, administrative costs and costs related to the proceedings authorized by this Chapter. b) After the Enforcement Hearing Officer issues an Administrative Enforcement Order, the City Manager or designee shall monitor the violations and determine compliance. R/Ords 2004/0rds 04-12 6