HomeMy WebLinkAboutItem 2b: Introduce Ordinance No. 2304 regarding administrative citations.la.arys I1 3
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DATE: November 20, 2012
STAFF REPORT
Development Services Department
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services DirectorlK
Jim Kasama, Community Development Administrator
SUBJECT: ORDINANCE NO. 2304, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF CHAPTERS 2 AND 4A OF ARTICLE 1 OF THE ARCADIA
MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATIONS FOR
BUILDING, ZONING, PLUMBING, ELECTRICAL OR OTHER SIMILAR
VIOLATIONS
Recommendation: Introduce Ordinance No. 2304
SUMMARY
The City currently allows for the use of administrative citations as a means to address
most violations of the Municipal Code. Administrative citations may be used in addition
to all other legal remedies; criminal, civil, or administrative, which can be pursued to
address violations. However, the use of the administrative citation process does NOT
currently apply to violations of the Code that pertain to building, plumbing, electrical, or
other similar structural or zoning issues. Similarly, there is not a general clause in the
Code that would allow the City to recover attorney's fees in actions that stem from these
types of administrative citation cases. Ordinance No. 2304 removes the exemption for
building and zoning issues from the administrative citation process and allows the
prevailing party in such cases to recover attorney's fees.
BACKGROUND
In July 2011, the City Council approved Ordinance No. 2281, which amended the
Municipal Code regarding cost recovery for the abatement of nuisances. Most nuisance
abatement cases stem from an administrative citation issued by the staff. Ordinance No.
2281 provided the ability for the prevailing party in such nuisance abatement'cases to
recover attorney's fees. However, this Ordinance did not remove the exemption for
building and zoning cases and the administrative citation process cannot be used for
such violations. It is unclear why this exemption clause was placed within the Municipal
Ordinance No. 2304
November 20, 2012
Page 2 of 3
Code, but it is likely that the intent was to rely upon remedies for violations within the
California Building Code or zoning - related processes. While all existing remedies within
the California Building Code and the City's zoning ordinances will still remain intact, this
ordinance will provide another tool for the City to use to achieve compliance. Therefore,
Ordinance No. 2304 is viewed as a "clean up" ordinance, in that it simply removes this
exemption and allows the administrative citation process to be used for any violation of
the Municipal Code.
DISCUSSION
The administrative citation process is an effective and efficient means of addressing
violations to the Municipal Code. This process is simple and direct. The citations
typically include fines and a date for compliance. This process is used for nuisance
situations on private property, and also for business license violations, property
maintenance issues, health and safety violations, and similar matters.
The City currently allows for the use of administrative citations as a means to address
most violations of the Municipal Code. However, the use of the administrative citation
process does NOT currently apply to violations of the Code that pertain to building,
plumbing, electrical, or other similar structural or zoning issues. Currently, for violations
of building or zoning issues, the staff must issue a simple notice of violation with a
compliance date. This is often followed by meetings and letters requesting compliance,
and eventually follow up inspections are necessary to ensure the violation is resolved.
While this process will still be in place, and will still be used in the majority of cases and
situations, the ability to issue a citation is a more effective tool in moving toward
compliance for those cases where initial efforts fail.
Under the current procedures, zoning and /or building violations take a long time to
rectify and must go through a number of steps. The ability to utilize the administrative
citation process has the benefit of bringing the matter to resolution more quickly. In
addition, the ability to recover attorney's fees if such cases go to court is an important
tool to have within the Municipal Code. This is another measure which will increase
flexibility in dealing with violations and will eliminate some of the risk of frivolous
lawsuits and court wrangling in zoning and building cases.
Ordinance No. 2304 is viewed as a "clean up" ordinance in that it removes an
exemption that is not consistent with the way all other violations can be enforced. This
ordinance will provide the same process and options for all types of violations of the
Municipal Code.
FISCAL IMPACT
There is no clear method of estimating fiscal impact. The fine for a first violation is set at
$100 maximum, a second violation of the same provision is $200, and for a third or
subsequent violation, the fee is $500. Although there may be additional fines received
as a result of allowing administrative citations for building and zoning cases, the benefit
Ordinance No. 2304
November 20, 2012
Page 3of3
is a quicker resolution of such violations, and a better use of staff time. Similarly, there
is the potential benefit of the ability to recover attorney's fees, but this fiscal benefit
cannot reasonably be estimated.
RECOMMENDATION
Introduce Ordinance No. 2304, an Ordinance of the City Council of the City of Arcadia,
California, amending various sections of Chapters 2 and 4A of Article 1 of the Arcadia
Municipal Code, regarding administrative citations for building, zoning, plumbing,
electrical or other similar violations.
APPROVED BY:
Dominic Lazza
City Manager
Attachment
Ordinance No. 2304
ORDINANCE NO. 2304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF CHAPTERS 2 AND 4A OF ARTICLE I OF
THE ARCADIA MUNICIPAL CODE, REGARDING
ADMINISTRATIVE CITATIONS FOR BUILDING, ZONING,
PLUMBING, ELECTRICAL OR OTHER SIMILAR
STRUCTURAL VIOLATIONS
WHEREAS, California Code of Civil Procedure Section 1033.5 authorizes the
City of Arcadia (the "City ") to recover costs enumerated therein when said costs are
authorized by statute, contract, or law; and
WHEREAS, California Government Code Section 53069.4 authorizes the City to
issue administrative citations and collect fines for violations of its Municipal Code, and to
determine the process for issuance and collection of said fines; and
WHEREAS, California Government Code Sections 38773 and 38773.1 authorize
the City to provide for abatement of nuisances at the expense of persons creating,
causing, committing, or maintaining them, and provide for recovery via placement of
liens on property by following certain procedures; and
WHEREAS, zoning and building violations are impactful to the community and
can be costly, time - consuming and difficult to abate; and
WHEREAS, the City has an important interest in establishing regulations to
prevent safety, property, and health hazards, as well as to preserve the health, safety,
and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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SECTION 1. Section 1200 of Chapter 2, Article I of the Arcadia Municipal Code
is hereby amended by adding a Subsection (d) to read in its entirety as follows:
"(d) Recovery of Attorney's Fees. Any violation of the Arcadia Municipal Code is
hereby declared to constitute a public nuisance. In any judicial action, or administrative
or special proceeding brought by the City to abate a public nuisance pursuant to this
Chapter or to otherwise enforce this Chapter, the prevailing party shall be entitled to
recover its reasonable attorneys' fees. In no action or proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the City in the action or proceeding. A judicial action includes, but is not
limited to, any civil or criminal action, inspection or abatement warrant, administrative
proceeding, or appeal from an administrative proceeding. The City may recover any
award of attorney's fees in any manner authorized by law, including without limitation by
lien or special assessment."
SECTION 2. Section 1420 of Chapter 4A, Article 1 of the Arcadia Municipal
Code is hereby amended by deleting the current Subsection B and re- lettering the
remaining Subsections as appropriate to read in their entirety as follows:
"(A) This Chapter provides for administrative citations, which are in addition to
all other legal remedies, criminal, civil or administrative, which may be pursued by the
City to address any violation of this Code.
(B) Use of this Chapter shall be at the sole discretion of the City."
SECTION 3. Section 1422 of Chapter 4A, Article 1 of the Arcadia Municipal
Code is hereby amended by amending Subsection (A) to read in its entirety as follows:
2
"(A) Whenever an enforcement officer charged with the enforcement of any
provision of this Code determines that a violation of that provision has occurred, the
enforcement officer shall have the authority to issue an administrative citation to any
person responsible for the violation. Prior to issuance of an administrative citation for
any continuing violation relating to building, plumbing, electrical, or zoning regulations,
that do not create an immediate danger to health or safety, the enforcement officer shall
first issue a courtesy notice providing a reasonable period of time, as determined by the
enforcement officer based on the circumstances, to correct the violations. If said
violations are not completely corrected within that correction period, the enforcement
officer may issue administrative citations for these violations. Nothing herein shall
prevent the City from immediately issuing administrative citations for other violations."
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once in the official newspaper of
said City within fifteen (15) days after its adoption. This Ordinance shall take effect on
the thirty -first (31 st) day after its adoption.
Passed, approved and adopted this day of , 2012.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
K
Mayor of City of Arcadia