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HomeMy WebLinkAbout20-05 CC Resolution RESOLUTION NO. 20-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES FOR ILLEGAL SHORT-TERM RENTALS PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 1.21.060 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare as follows: (a) Chapter 1.21 of the Temecula Municipal Code provides for the assessment of administrative penalties for violations of Temecula Municipal Code. (b) Section 1.21.060 of the Temecula Municipal Code provides for the establishment of fines to be imposed for violations subject to Chapter 1.21. Section 1.21.060 provides: "The fine imposed pursuant to this chapter for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the city council. The administrative citation schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine." (c) On February 10, 1998,the City Council adopted Resolution No. 98-14 establishing an administration citation schedule for the purpose of setting forth administrative citation fines amounts. (d) The City Council desires to establish fines for a violation of Section 17.06.030, pertaining to short-term rentals being a prohibited use in the City,at higher amounts than those set forth in Resolution No. 98-14. Section 2. Schedule of Administrative Citation Fines. The fines to be assessed for violations of Temecula Municipal Code Section 17.06.030, shall be those described on the "Schedule of Administrative Citation Fines for Illegal Short-Term Rentals" attached hereto as Exhibit"A"and incorporated herein as though set forth in full. Section 3. Effective Date; Supersedes Conflicting Resolutions. The fines set forth in the Resolution shall be applied to violations of Section 17-06.030 pertaining to illegally operating short-term rentals occurring on or after the date of adoption of this Resolution. All parts of resolutions not consistent with or in conflict with this Resolution are hereby superseded by this Resolution, including Resolution No. 98-14. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional •_ by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of January, 2020. James Stewart, Mayor ATTES • • Randi , City Clerk [SEAL] • 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 20-05 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of January, 2020, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 EXHIBIT"A" SCHEDULE OF ADMINISTRATIVE CITATION FINES FOR ILLEGAL SHORT-TERM RENTALS 1. The fines for violations of Section 17.06.030 pertaining to illegally operating short- term rentals,for which administrative citations are issued pursuant to Chapter 1.21 of the Temecula Municipal Code, shall be one thousand dollars($1,000)for every offense. 2. In the event a person fails to pay an administrative citation fine within the time required by Chapter 1.21, a penalty of 25% of the amount of the fees in the fee notice shall be imposed,but not less than$5.00. When imposed,the penalty amount shall become part of the fee required to be paid. In addition to such fee assessment, the person shall pay to the City all reasonable attorney's fees and court costs,and interest at the rate of one and one-half percent per month,eighteen percent per annum,or the maximum legal rate,whichever is higher,on all unpaid fee amounts from the date payment was due. 4