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Home My WebLink About2020-66 - Amending Civil CitationsRESOLUTION NO. 2020-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CIVIL FINES AND PENALTIES SCHEDULE PURSUANT TO SECTION 1-40 OF THE COSTA MESA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS: WHEREAS, Chapter II of Title 1 of the Costa Mesa Municipal Code ("Municipal Code") allows for the assessment of civil fines for violations of the Municipal Code; and WHEREAS, Section 1-40 of the Municipal Code provides that the fines and penalties shall be set by City Council resolution; and WHEREAS, the City Council originally set the fines and penalties when the civil citation ordinance was first enacted in September 1997 through the adoption of Resolution No. 97-81; and WHEREAS, the City Council reevaluated and set new fines in July 2000 through the adoption of Resolution No. 00-60; and WHEREAS, the City Council reevaluated and set new fines in July 2010 through the adoption of Resolution No. 10-55; and WHEREAS, the City Council amended the civil fines and penalties schedule in December 2010 to establish the fines and penalties for violations of Section 8-83 of the Municipal Code relating to unpermitted waste haulers in the City through the adoption of Resolution No. 10-79; and WHEREAS, the City Council established late penalties and interest for fees, fines, licenses fees, taxes and other amounts due to the City that remain unpaid on the day after the stated due date in September 2019 through the adoption of Resolution No. 19- 64; and WHEREAS, the City Council now desires to amend the civil fines and penalties schedule to establish the fines and penalties for violations of any City urgency ordinance (whether codified or uncodified) and ordinances prohibiting specific uses entirely, specific uses in unauthorized zones, and specific uses without a required permit; and WHEREAS, the City Council now also desires to amend the civil fines and penalties schedule to establish the fines and penalties for violations of any measure (also known as a moratorium) adopted by urgency ordinance (whether codified or uncodified) pursuant to the provisions of Government Code section 65858; and Resolution No. 2020-66 Page 1 of 5 WHEREAS, the City Council finds that a violation of an urgency measure adopted pursuant to Government Code section 65858 (moratorium) does not constitute a violation that "does not create an immediate danger to health or safety' within the meaning of Government Code section 53069.4(a)(2)(A), unless specifically so provided in that urgency measure; and WHEREAS, the City Council finds that a violation of City ordinances (whether codified or uncodified) which strictly prohibit a particular use in any zone of the City, or which strictly prohibit any use in a particular zone of the City, or which strictly prohibit any use in any [residential] zone without an MCUP, a CUP, or other permit required by City ordinance, except as provided in the relevant ordinance, constitute a violation that creates an immediate danger to health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. Pursuant to Section 1-40 of the Costa Mesa Municipal Code, the civil fines and penalties for violations of the Costa Mesa Municipal Code, uncodified ordinance and/or moratoria adopted pursuant to Government Code section 65658, and those violations which create an immediate danger to health and safety shall be those specified in the Civil Fines and Penalties Schedule attached hereto as Exhibit "A." Section 2. Consistent with Resolution No. 19-64, adopted by the City Council on September 17, 2019 and as outlined in Exhibit "A," any civil fines remaining unpaid after the stated due date shall be subject to a late penalty in the amount of ten percent (10%) of the amount due, and any civil fine that remains unpaid on the day after its stated due date shall be subject to interest in the amount of one and one-half percent (1.5%) of the amount due for each month, or any portion thereof, that the amount due remains unpaid. Section 3. The fines and penalties set forth in Exhibit "A" are subject to the provisions of Chapter II of Title 1 of the Costa Mesa Municipal Code and shall remain in full force and effect until changed by subsequent resolution of the City Council. Resolution No. 2020-66 Page 2 of 5 PASSED AND ADOPTED this 15th ATTEST: `z�4 ar� Brenda Green, 6ty Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss of December, 2020. , Mayor APPROVED AS TO FORM: Kimberly Mall Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2020-66 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of December, 2020, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS, MARR, AND FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 16th day of December, 2020. Brenda Green, dity Clerk Resolution No. 2020-66 Page 3 of 5 EXHIBIT "A" CIVIL FINES AND PENALTIES SCHEDULE 1. Fines for violations of the Costa Mesa Municipal Code, and/or violation of an uncodified ordinance, except as specifically enumerated herein or in the Costa Mesa Municipal Code or in that uncodified ordinance: $150.00 First Violation $300.00 Second Violation $500.00 All other violations of the same Costa Mesa Municipal Code provision within a one-year period of the first citation. 2. Fines for infraction violations of the Costa Mesa Municipal Code and/or an uncodified ordinance: The fine for violating a provision of the Costa Mesa Municipal Code and/or uncodified ordinance that is specifically made an infraction thereunder under shall not exceed the fines imposed for infractions pursuant to Section 1-33 of the Costa Mesa Municipal Code. 3. Fine for violations of Section 8-83 of the Costa Mesa Municipal Code: The greater of: (a) $1,000.00; or (b) three percent (3%) of the total project value. which shall be payable before an occupancy permit or final City approval of any construction project is granted. 4. Fine for an immediate danger violation as defined in section 1-35 of the Costa Mesa Municipal Code, including violation of a City urgency measure adopted pursuant to the provisions of Government Code section 65858: $500.00 First Violation $1,000.00 Second and all other violations of the same urgency measure or immediate danger violation within a one-year period of the first citation. 5. Late payment penalties and interest: Any fine that remains unpaid on the day after its stated due date shall be subject to a late penalty in the amount of ten percent (10%) of the amount due. Any fine that remains unpaid on the day after its stated due date shall be subject to interest in the amount of one and one-half percent (1.5%) of the amount due for each month, or any portion thereof, that the amount due remains unpaid. Resolution No. 2020-66 Page 4 of 5 6. Collections: Fines that are delinquent for sixty (60) days or more and total at least two hundred fifty dollars ($250.00) shall be processed through the abatement and/or assessment procedures specified in Section 1-48 of the Costa Mesa Municipal Code. All other delinquent fines may be referred to a collection agency as determined by the Director of Finance. Resolution No. 2020-66 Page 5 of 5