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HomeMy WebLinkAboutItem 2b: Introduce Ordinance No. 2304 regarding administrative citations.la.arys I1 3 Auf.st 3� 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: 1 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