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HomeMy WebLinkAbout06 - CC-7 - Adoption of Ordinance No. 2021-02 Amendi - 1/19/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 19, 2021 ITEM NUMBER: CC-7 SUBJECT: ADOPTION OF ORDINANCE NO. 2021-02 AMENDING CHAPTER II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO THE DEFINITIONS OF WORDS AND PHRASES DEFINED THEREIN DATE: JANUARY 19, 2021 FROM: DEVELOPMENT SERVICES DEPARTMENT/ PLANNING DIVISION PRESENTATION BY: KIM BARLOW, CITY ATTORNEY FOR FURTHER INFORMATION CONTACT: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES JENNIFER.LE@COSTAMESACA.GOV (714) 754-5617 SUMMARY: Ordinance No. 2021-02 amends the definitions used in Chapter II, Civil Citations, of Title I of the Costa Mesa Municipal Code (CMMC) in order to clarify that violations of un-codified ordinances and land use moratoria are subject to civil citation in the same manner as violations of the codified ordinances contained within the CMMC. RECOMMENDATION: 1) Find that Ordinance No. 2021-02 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment; and 2) Adopt by second reading Ordinance 2021-02 of the City Council of the City of Costa Mesa, California, amending Chapter II (Civil Citations) of Title 1 of the Costa Mesa Municipal Code. BACKGROUND: Ordinance No. 2021-02 of the City Council of the City of Costa Mesa was introduced for first reading on December 15, 2020 by a unanimous vote. The City Council also adopted Resolution No. 2020-66 establishing the Civil Fines and Penalties for violation of uncodified 2 ordinances and moratoria and amended the Civil Fines and Penalties Schedule pursuant to Section 1-40 of the Costa Mesa Municipal Code. ANALYSIS: The Civil Citation provisions of the CMMC are authorized pursuant to Government Code section 53069.4 which provides that the City “may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty.” Chapter II makes any violation of the provisions of [the Costa Mesa Municipal] Code subject to civil fines.” For further analysis, see the attached December 15, 2020 Agenda Report. In order to adopt an Ordinance, City Council must introduce the Ordinance and give “first reading”, then give a “second reading” and formally adopt the Ordinance. The first reading for this Ordinance was approved on December 15, 2020. This item constitutes the second reading. If adopted, the Ordinance will become effective 30 days after the second reading. PUBLIC NOTICE: The Ordinance was noticed pursuant to the requirements of the Brown Act by timely placing it on the January 19, 2021 agenda. ENVIRONMENTAL DETERMINATION : This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA guidelines, in that it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment. This Ordinance simply clarifies legislative intent to apply existing civil penalties to un-codified ordinances and will therefore not have any effect on the environment. ALTERNATIVES CONSIDERED: Staff recommends that Ordinance No. 2021-02 be adopted as introduced. However, the City Council may decline to adopt the Ordinance as introduced and/or may make revisions to the Ordinance in its discretion. However, any substantive revisions made now after introduction will require the Ordinance to be re-introduced at a subsequent meeting. FISCAL REVIEW: The adoption of this Ordinance will not have any fiscal impact on the City’s budget LEGAL REVIEW: Ordinance 2021-02 as introduced has been reviewed and approved as to form by the City Attorney’s Office. 3 CITY COUNCIL GOALS AND PRIORITIES: City Council Goal No. 4(c) which refers to increasing Code Enforcement program to address neighborhood nuisances. CONCLUSION: Staff recommends that the City Council: 1) Find that Ordinance No. 2021-02 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment; and 2) Adopt Ordinance 2021-02 of the City Council of the City of Costa Mesa, California, amending Chapters I (General) and II (Civil Citations) of Title 1 of the Costa Mesa Municipal Code. ______________________________ ______________________________ JENNIFER LE TARQUIN PREZIOSI Director of Economic and Assistant City Attorney Development Services ________________________________ ______________________________ CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney ATTACHMENTS: 1. Introduced Ordinance No. 2021-02 2. December 15, 2020 Agenda Report ORDINANCE NO. 2021-02 ATTACHMENT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO ENFORCEMENT PENALTIES AND THE ISSUANCE OF CIVIL CITATIONS WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public, California Constitution article Xl, section 7 and California Government Code section 37100, and thereby is authorized to declare what use and condition constitutes a public nuisance; and WHEREAS, Chapter I of Title 1 of the Costa Mesa Municipal Code was adopted at various times commencing in 1960, and section 1-33.1 was added by Ordinance Number 79-3 pursuant to California Government Code section 36900 and California Penal Code section 836.5; and WHEREAS, Chapter II of Title 1 of the Costa Mesa Municipal Code was adopted by Ordinance Number 00-12, and subsequently amended, pursuant to the authority of Government Code section 53069.4, which provides that the City Council may make the violation of any duly adopted ordinance of the City subject to a civil fine or penalty; and WHEREAS, the City Council desires to clarify its intent of that all ordinances of the City, whether codified or uncodified, be subject to Chapters I and II of Title 1; and WHEREAS, the City has adopted several uncodified ordinances, including moratoria and urgency ordinances, some of which were adopted in response to the COVID-19 pandemic; and WHEREAS, the City Council declares that the intent of the City Council has been and is that uncodified ordinances including but not limited to moratoria, be subject to the penalties provided in Chapter I of Title 1, including the Civil Citation provisions of Chapter II of Title 1, as applicable, in addition to any other express or implied penalty provisions thereof; and WHEREAS, the City Council wishes to make revisions in section 1-33.1, 1-34 through 1-38, and 1-43 to clarify existing law in the City of Costa Mesa regarding the powers of code enforcement officers and civil responsibility for code violations and consideration of history of civil citations in connection with any entitlement, permit, monetary grant, or other discretionary decision of the City; and WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000, et seq.) and State CEQA Guidelines (Title 14 the California Code of Regulations Sections 15000, et seq.) has determined that this Ordinance is exempt pursuant to Guidelines Section 15061(b)(3); and WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with the City of Costa Mesa's General Plan; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 2021-02 Page 1 of 8 l THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Title 1, Chapter I, Section 1-33.1 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-33.1. Enforcement officials designated. Pursuant to provisions of California Government Code section 36900 and California Penal Code section 836.5 certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code and any city ordinance (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of said nonsafety employees shall be made by a duly adopted separate resolution for the city council. The peace officer employees of the city are hereby authorized to issue infraction citations for violations of this Code and any city ordinance as an alternative to their existing authority to issue and arrest for misdemeanors. Section 2: Title 1, Chapter II, Section 1-34 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-34. Applicability. (a) This chapter makes any violation of the provisions of this Code, which for purposes of this chapter, is defined in section 1-35(c) of this chapter, subject to civil fines. (b) This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code section 53069.4 and the city's general police power. (c) The issuance of a civil citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this Code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. (d) The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community. (e) Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this Code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession of real property located in the City of Costa Mesa. (f) Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners of real property for all building, housing, fire, health, land use, and abandoned vehicle code and zoning violations that occur upon the subject premises. Ordinance No. 2021-02 Page 2 of 8 Section 3: Title 1, Chapter II, Section 1-35 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-35. Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: (a) Citation shall mean civil citation issued pursuant to this chapter stating there has been a violation of this Code. Citation includes a notice of noncorrection unless the context clearly shows otherwise. (b) Citee shall mean person given a civil citation charging him or her as a responsible person for a Code violation. (c) Code or This Code shall mean and include the Costa Mesa Municipal Code as amended and any adopted ordinance of the City, whether codified or uncodified, including but not limited to an ordinance adopted pursuant to Government Code Section 65858. (d) Code enforcement officer shall mean any city employee or agent of the city designated by the city council pursuant to section 1-33.1 to have the authority and responsibility to enforce certain provisions of this Code or any other ordinance. (e) Correctible Building violation shall mean any violation of this Code pertaining to building, housing, plumbing, electrical, or other similar structural or zoning regulations, including regulations set forth in Title 5 of this Code, that does not create an immediate danger to health or safety, as defined in subsection 0), "Immediate Danger Violation." (f) Correction period shall mean the period of time allowed for a citee to correct a correctible building violation shown on a civil citation. (g) Department shall mean the Economic and Development Services Department of the City of Costa Mesa. (h) Director shall mean the director of the department or his or her designee. (i) Hearing officer shall mean the person appointed by the city manager to serve as the hearing officer for administrative reviews. Prior to conducting hearings the hearing officer must first be certified by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience. (j) Immediate Danger Violation shall mean a building or other ordinance violation which does create an immediate danger to health and safety, such as a violation of an urgency measure adopted pursuant to Government Code section 65858 (moratorium), and ordinances which i) strictly prohibit a particular use in any zone of the City, or ii) strictly prohibit any use in a particular zone of the City, or iii) which strictly prohibit any use in any residential zone without an MCUP, a CUP, or other land use or regulatory permit required by City ordinance, or iv) require a specific regulatory permit to be located in a particular location within a non-residential zone, such as a marijuana business permitted by City ordinance, a residential or transient use intended for short-term (less than 30 day) occupancy, a massage establishment, or other use as may be established by City ordinance, except as specifically provided in the relevant ordinance or other applicable law. (k) Issued shall mean giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation exists. Ordinance No. 2021-02 Page 3 of 8 (1) Notice of decision shall mean a form prepared by the city used to inform a citee of the decision made regarding various provisions of this chapter. (m) Notice of noncorrection shall mean a notice contained in the second citation issued for a correctible building violation which notes the violation on the prior citation has not been corrected within the applicable correction period. (n) Responsible person shall mean any of the following: (1) A person who causes a code violation to occur. (2) A person who maintains or allows a code violation to continue, by his or her action or failure to act. (3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act. (4) A person who is the owner of, or the lessee or sublessee with a current right of possession of, real property where a property related code violation occurs. (5) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. (6) A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within thirty (30) days after being notified by the city in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown. For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County of Orange's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises. For the purposes of this chapter, there may be more than one responsible person for a violation, and a minor at least fourteen (14) years of age may be a responsible person subject to the provisions of this chapter for a violation personally committed by the minor. Section 4: Title 1, Chapter II, Section 1-36 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-36. Civil citation —General. (a) Any city code enforcement officer upon determining that a provision of this Code, which he or she is charged to enforce, has been violated has the authority to issue a civil citation to any responsible person or persons. A code enforcement officer may issue a citation for a violation not committed in the officer's presence if the officer has determined through investigation that the responsible person cited committed or is responsible for the violation. A responsible person to whom a citation is issued shall be liable for and shall pay to the city the fine or fines described in the citation when due pursuant to the provisions of this chapter. (b) Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person Ordinance No. 2021-02 Page 4 of 8 violates any condition of such permit, license or approval, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter. (c) Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A citation may charge a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections. (d) The city may take into consideration the fact that a person has been issued citations when the city is determining whether to grant, modify, suspend, revoke, or deny any permit, license, any type of land use approval regarding that person, or any monetary grant or other authorization, and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. Section 5: Title 1, Chapter 11, Section 1-37 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-37. Civil citation —Building violations. (a) When a citation is issued for a correctible building violation, a correction period of at least fifteen (15) days but no more than (30) days shall be allowed for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding section 1-36, no responsible person for a correctible building violation shall be liable for a civil fine unless the violation continues after the period allowed for its correction, plus any extension pursuant to subdivision (b), and he or she is issued a second citation containing a notice of noncorrection. (b) The citee of a correctible building violation may request an extension of the correction period provided that a request is filed with the director before the correction period ends. The director may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter. (c) If a correctible building violation has not been corrected by the end of the correction period, the code enforcement officer has authority to issue to the responsible person a second citation containing a notice of noncorrection. The citee to whom the notice of noncorrection is issued shall be liable for and shall pay to the city the fine or fines described in the citation which fine shall be due on the date this second citation is issued. Additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second citation is issued. (d) No correction period need be provided for immediate danger violation prior to issuing citation(s) for fines payable to the City. Section 6: Title 1, Chapter 11, Section 1-38 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-38. Citation contents. (a) Each citation shall contain the following information: Ordinance No. 2021-02 Page 5 of 8 F (1) Name of the responsible person for the violation of this Code. (2) Date on which the Code violation occurred. (3) The Code section or ordinance violated. (4) Address where the Code violation occurred. (5) Description of the violation. (6) Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty. (7) Designation of the correctible building violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection when the correctible building violation has not been corrected. (8) Designation of prior citations issued for the same Code violations, if known by the code enforcement officer. (9) Description of the procedure for requesting a waiver of fine deposit and/or an administrative review to contest a citation. (10) Designation of an assigned hearing date, time and location to be used if the citee files a request for waiver of the fine deposit and/or an administrative review. (11) A notice that the Code violation is a nuisance and the process for the collection of unpaid fines and/or nuisance abatement costs as more specifically set forth in section 1-48. (12) Signature of the code enforcement officer issuing the citation. (13) Date the citation is issued. (14) A self-addressed envelope in which the citee can send to the city the fine or a request for a waiver of fine deposit and/or an administrative review. (15) Any other information deemed necessary by the city for enforcement or collection purposes. Section 7: Title 1, Chapter II, Section 1-43 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-43. Request for administrative review. (a) Any person receiving a civil citation may contest it by filing a request for an administrative review, except that a review of a correctible building violation may not be requested unless and until a second citation containing a notice of noncorrection is issued. To obtain an administrative review, the citee shall file a signed written request form contained on the reverse side of the citation and indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation. (b) To be effective and complete, the request must be received by the city within thirty (30) days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine. The request will not be accepted for filing if not accompanied by the fine deposit unless the citee also requests a waiver of the fine deposit pursuant to section 1-44. Where Ordinance No. 2021-02 Page 6 of 8 a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the city. All requests shall be date stamped upon receipt by the city. The director is authorized to designate the location within the city where the fines and deposits must be delivered to the city to satisfy this subdivision. (c) The person requesting the administrative review shall appear at the hearing on the date, time and place specified on the citation. Failure to personally attend the hearing will be considered a nonappearance. Non-appearance by the citee shall constitute an abandonment of the request unless the hearing was continued pursuant to section 1-45(f). Section 8: Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Section 9: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 10: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. Section 11: Effective Date. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. Ordinance No. 2021-02 Page 7 of 8 I� PASSED AND ADOPTED this 19th day of January, 2021. ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Katrina Foley, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2021-02 was duly introduced for first reading at a regular meeting of the City Council held on the 15th day of December, 2020 and that thereafter, said Ordinance was duly passed and adopted at the regular meeting of the City Council of the City of Costa Mesa held on the 19th day of January 2021, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of January, 2021. Brenda Green, City Clerk Ordinance No. 2021-02 Page 8 of 8 ATTACHMENT 2 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 15, 2020 ITEM NUMBER: SUBJECTS: 1) INTRODUCTION OF ORDINANCE NO. 2020-XX AMENDING CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO ENFORCEMENT PENALTIES AND THE ISSUANCE OF CIVIL CITATIONS FOR BUILDING AND ZONING CODE VIOLATIONS; 2) ADOPTION OF RESOLUTION NO. 2020-XX ESTABLISHING THE CIVIL FINES AND PENALTIES FOR VIOLATION OF UNCODIFIED ORDINANCES AND MORATORIA AND AMENDING THE CIVIL FINES AND PENALTIES SCHEDULE PURSUANT TO SECTION 1-40 OF THE COSTA MESA MUNICIPAL CODE DATE: DECEMBER 15, 2020 FROM: DEVELOPMENT SERVICES DEPARTMENT/ PLANNING DIVISION PRESENTATION BY: JENNIFER LE, ACTING DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES TARQUIN PREZIOSI, ASSISTANT CITY ATTORNEY FOR FURTHER INFORMATION CONTACT: JENNIFER LE, ACTING DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES JENNIFER.LE(a)-COSTAMESACA.GOV (714) 754-5617 SUMMARY Proposed Ordinance No. 2020-xx amends the definition of code enforcement officer in Chapter I of Title 1 and various provisions of Chapter II, Civil Citations, of Title 1 of the Costa Mesa Municipal Code (CMMC), in order to clarify that violations of uncodified ordinances and land use moratoria are subject to the same penalties, including civil citation in the same manner as violations of the codified ordinances contained within the CMMC. Proposed Resolution No. 2020-xx sets forth the civil fines and penalties for violations of the CMMC, including uncodified ordinances and specific fines for moratoria adopted pursuant the State Land Use Law. RECOMMENDATION 1) Find that Ordinance No. 2020-xx is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment; IBM 2) Introduce for first reading, by title only, Ordinance 20-xx of the City Council of the City of Costa Mesa, California, amending Chapters I (General) and 11 (Civil Citations) of Title 1 of the Costa Mesa Municipal Code; and 3) Adopt Resolution No. 2020-xx establishing the Civil Fines and Penalties for violation of uncodified ordinances and moratoria and amending the Civil Fines and Penalties Schedule pursuant to Section 1-40 of the Costa Mesa Municipal Code. BACKGROUND The violations, penalties and enforcement provisions of Chapter I (General Provisions) of Title 1 provide that violations of the CMMC are subject to criminal penalties as infractions and/or misdemeanors, civil injunction as well as administrative and civil fines. The Civil Citation provisions of Chapter II were initially added to the CMMC in 1997 by Ordinance No. 97-27, and subsequently amended in 2000 by Ordinance No. 2000-12. Since that time, the City has adopted several uncodified ordinances to address various activities and land uses. Recently, these include those urgency ordinances related to the permitting and parking requirements for outdoor dining and similar temporary land use ordinances. In addition, several land use moratoria have been adopted under the authority of Government Code Section 65858, such as the prohibitions against operating needle exchange programs and short-term rentals. Prior to the recent urgency ordinances and moratoria, most ordinances adopted by the City were codified within the CMMC. ANALYSIS Chapter I of Title 1 of the CMMC provides for criminal and civil remedies for violations of the CMMC and defines code enforcement officer. The Civil Citation provisions of the CMMC are authorized pursuant to Government Code Section 53069.4, which provides that the City "may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty." Chapter II makes any violation of the provisions of "[the Costa Mesa Municipal] Code subject to civil fines." The proposed Ordinance revises sections 1-33.5, 1-34 through 1-38 and 1-43 of the CMMC to clarify the legislative intent of the City Council in adopting Chapters I and 11 of Title 1 that a violation of any City ordinance -- whether codified or not — may be enforced by the City's code enforcement officers, including by civil citation, as allowed by the express provisions of the Government Code. The vast majority of the code violations currently covered and proposed to be covered are building and zoning code violations. Thus, the ordinance also clarifies the difference between minor and correctible building and zoning code violations (such as overgrown weeds, peeling paint, etc.) and building and zoning violations which create an immediate threat to the public health and safety (unsafe buildings, prohibited uses, unpermitted uses). I )s UPDATED CIVIL FINE RESOLUTON The proposed Resolution makes clarifying revisions related to violations of uncodified ordinances; it also makes factual findings that violations of moratoria and other specified violations which create an immediate threat to the health and safety of the community do not fall within those types of building and related codes forwhich a notice and opportunity to correct must be issued prior to imposing monetary penalties. The Resolution proposes a $500.00 fine for the first violation of a land use moratorium and immediate public safety threats ("Immediate Danger Violation"), and a $1,000.00 fine for each subsequent violation within one year. This updated civil fine resolution will become effective upon adoption by the City Council. Violations of ordinances which create an immediate threat to public health and/or safety include moratoria and violations which are not readily correctible — such as operating a use which is strictly prohibited anywhere in the City, a use which is strictly prohibited in particular zones of the City, operating uses strictly prohibited in any residential zone without an MCUP, a CUP, or other land use or regulatory permit required by City ordinance, or a use in a non-residential zone which require a specific regulatory permit in order to be located in a particular location, such as a marijuana business permitted by City ordinance, a residential or transient use intended for short-term (less than 30 day) occupancy, a massage establishment, and similar prohibited or heavily regulated uses. PUBLIC NOTICE The Ordinance was noticed pursuant to the requirements of the Brown Act by timely placing it on the December 15, 2020 agenda and by issuing a Notice of Public Hearing. ENVIRONMENTAL DETERMINATION This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA guidelines, in that it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment. This Ordinance simply clarifies legislative intent to apply existing civil penalties to uncodified ordinances and will therefore not have any effect on the environment. ALTERNATIVES CONSIDERED For proposed Ordinance No. 2020-xx, the City Council may decline to adopt the proposed amendments, although this is not recommended. For the Civil Fine Resolution, the City Council could forgo the increased penalty amounts or direct alternative fine amounts that do not exceed $1,000.00 per day. If the City Council takes no action on the Resolution, the civil fine amounts for violation of the Moratorium would default to the existing penalty schedule of $150.00, $300.00 and $500.00 for the 1st, 2nd and subsequent violations within one year. H FISCAL REVIEW The adoption of this Ordinance and Resolution will not have a substantial fiscal impact on the City's budget, although it may result in incrementally higher remittance of fines. LEGAL REVIEW Proposed Ordinance 2020-xx has been reviewed and approved as to form by the City Attorney's Office. CITY COUNCIL GOALS & PRIORITIES City Council Goal No. 4(c). which refers to increasing Code Enforcement program to address neighborhood nuisances. CONCLUSION Staff recommends that the City Council: 1) Find that Ordinance No. 2020-xx is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule) because it can be seen with certainty that there is no possibility that the proposed amendment to the CMMC will have a significant effect on the environment; 2) Introduce for first reading, by title only, Ordinance 20-xx of the City Council of the City of Costa Mesa, California, amending Chapters I (General) and II (Civil Citations) of Title 1 of the Costa Mesa Municipal Code; and 3) Adopt Resolution No. 2020-xx establishing the Civil Fines and Penalties for violation of uncodified ordinances and moratoria and amending the Civil Fines and Penalties Schedule pursuant to Section 1-40 of the Costa Mesa Municipal Code. [SIGNATURES FOLLOW ON NEXT PAGE] �5 - QAWV4� 1,� - )4�, -�" -- JENAIFER LE KIMBERLY HALL BARLOW Acting Director City Attorney Economic and Development Services CAROL MOLINA Finance Director Attachments: 1. Proposed Ordinance No. 2020-xx 2. Proposed Fine Resolution ATTACHMENT 1 ORDINANCE NO. 2020-xx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) RELATING TO ENFORCEMENT PENALTIES AND THE ISSUANCE OF CIVIL CITATIONS WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public, California Constitution article XI, section 7 and California Government Code section 37100, and thereby is authorized to declare what use and condition constitutes a public nuisance; and WHEREAS, Chapter I of Title 1 of the Costa Mesa Municipal Code was adopted at various times commencing in 1960, and section 1-33.1 was added by Ordinance Number 79-3 pursuant to California Government Code section 36900 and California Penal Code section 836.5; and WHEREAS, Chapter II of Title 1 of the Costa Mesa Municipal Code was adopted by Ordinance Number 00-12, and subsequently amended, pursuant to the authority of Government Code section 53069.4, which provides that the City Council may make the violation of any duly adopted ordinance of the City subject to a civil fine or penalty; and WHEREAS, the City Council desires to clarify its intent of that all ordinances of the City, whether codified or uncodified, be subject to Chapters I and 11 of Title 1; and WHEREAS, the City has adopted several uncodified ordinances, including moratoria and urgency ordinances, some of which were adopted in response to the COVID-19 pandemic; and WHEREAS, the City Council declares that the intent of the City Council has been and is that uncodified ordinances including but not limited to moratoria, be subject to the penalties provided in Chapter I of Title 1, including the Civil Citation provisions of Chapter II of Title 1, as applicable, in addition to any other express or implied penalty provisions thereof; and WHEREAS, the City Council wishes to make revisions in section 1-33.1, 1-34 through 1- 38, and 1-43 to clarify existing law in the City of Costa Mesa regarding the powers of code enforcement officers and civil responsibility for code violations and consideration of history of civil citations in connection with any entitlement, permit, monetary grant, or other discretionary decision of the City; and WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000, et seq.) and State CEQA Guidelines (Title 14 the California Code of Regulations Sections 15000, et seq.) has determined that this Ordinance is exempt pursuant to Guidelines Section 15061(b)(3); and WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with the City of Costa Mesa°s General Plan; and 19 WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Title 1, Chapter I, Section 1-33.1 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-33.1. Enforcement officials designated. Pursuant to provisions of California Government Code section 36900 and California Penal Code section 836.5 certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code and any city ordinance (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of said nonsafety employees shall be made by a duly adopted separate resolution for the city council. The peace officer employees of the city are hereby authorized to issue infraction citations for violations of this Code and any city ordinance as an alternative to their existing authority to issue and arrest for misdemeanors. Section 2: Title 1, Chapter II, Section 1-34 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-34. Applicability. (a) This chapter makes any violation of the provisions of this Code, which for purposes of this chapter, is defined in section 1-35(c) of this chapter, subject to civil fines. (b) This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code section 53069.4 and the city's general police power. (c) The issuance of a civil citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this Code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. (d) The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community. (e) Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this Code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession of real property located in the City of Costa Mesa. (f) Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners of real property for all building, housing, fire, health, land use, and abandoned vehicle code and zoning violations that occur upon the subject premises. I$ Section 3: Title 1, Chapter II, Section 1-35 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-35. Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: (a) Citation shall mean civil citation issued pursuant to this chapter stating there has been a violation of this Code. Citation includes a notice of noncorrection unless the context clearly shows otherwise. (b) Citee shall mean person given a civil citation charging him or her as a responsible person for a Code violation. (c) Code or This Code shall mean and include the Costa Mesa Municipal Code as amended and any adopted ordinance of the City, whether codified or uncodified, including but not limited to an ordinance adopted pursuant to Government Code Section 65858. (d) Code enforcement officer shall mean any city employee or agent of the city designated by the city council pursuant to section 1-33.1 to have the authority and responsibility to enforce certain provisions of this Code or any other ordinance. (e) Correctible Building violation shall mean any violation of this Code pertaining to building, housing, plumbing, electrical, or other similar structural or zoning regulations, including regulations set forth in Title 5 of this Code, that does not create an immediate danger to health or safety, as defined in subsection {j), "Immediate Danger Violation." (f) Correction period shall mean the period of time allowed for a citee to correct a correctible building violation shown on a civil citation. (g) Department shall mean the Economic and Development Services Department of the City of Costa Mesa. (h) Director shall mean the director of the department or his or her designee. (i) Hearing officer shall mean the person appointed by the city manager to serve as the hearing officer for administrative reviews. Prior to conducting hearings the hearing officer must first be certified by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience. 0) Immediate Danger Violation shall mean a building or other ordinance violation which does create an immediate danger to health and safety, such as a violation of an urgency measure adopted pursuant to Government Code section 65858 (moratorium), and ordinances which i) strictly prohibit a particular use in any zone of the City, or ii) strictly prohibit any use in a particular zone of the City, or iii) which strictly prohibit any use in any residential zone without an MCUP, a CUP, or other land use or regulatory permit required by City ordinance, or iv) require a specific regulatory permit to be located in a particular location within a non-residential zone, such as a marijuana business permitted by City ordinance, a residential or transient use intended for short-term (less than 30 day) occupancy, a massage establishment, or other use as may be established by City ordinance, except as specifically provided in the relevant ordinance or other applicable law. (k) Issued shall mean giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the 19 citee, or the date it is posted on real property where a property related violation exists. (1) Notice of decision shall mean a form prepared by the city used to inform a citee of the decision made regarding various provisions of this chapter. (m) Notice of noncorrection shall mean a notice contained in the second citation issued for a correctible building violation which notes the violation on the prior citation has not been corrected within the applicable correction period. (n) Responsible person shall mean any of the following: (1) A person who causes a code violation to occur. (2) A person who maintains or allows a code violation to continue, by his or her action or failure to act. (3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act. (4) A person who is the owner of, or the lessee or sublessee with a current right of possession of, real property where a property related code violation occurs. (5) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. (6) A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within thirty (30) days after being notified by the city in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown. For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County of Orange's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises. For the purposes of this chapter, there may be more than one responsible person for a violation, and a minor at least fourteen (14) years of age may be a responsible person subject to the provisions of this chapter for a violation personally committed by the minor. Section 4: Title 1, Chapter If, Section 1-36 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-36. Civil citation —General. (a) Any city code enforcement officer upon determining that a provision of this Code, which he or she is charged to enforce, has been violated has the authority to issue a civil citation to any responsible person or persons. A code enforcement officer may issue a citation for a violation not committed in the officer's presence if the officer has determined through investigation that the responsible person cited committed or is responsible for the violation. A responsible person to whom a citation is issued shall be liable for and shall pay to the city the fine or fines described in the citation when due pursuant to the provisions of this chapter. (b) Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter. (c) Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A citation may charge a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections. (d) The city may take into consideration the fact that a person has been issued citations when the city is determining whether to grant, modify, suspend, revoke, or deny any permit, license, any type of land use approval regarding that person, or any monetary grant or other authorization, and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. Section 5: Title 1, Chapter 11, Section 1-37 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-37. Civil citation —Building violations. (a) When a citation is issued for a correctible building violation, a correction period of at least fifteen (15) days but no more than (30) days shall be allowed for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding section 1-36, no responsible person for a correctible building violation shall be liable for a civil fine unless the violation continues after the period allowed for its correction, plus any extension pursuant to subdivision (b), and he or she is issued a second citation containing a notice of noncorrection. (b) The citee of a correctible building violation may request an extension of the correction period provided that a request is filed with the director before the correction period ends. The director may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter. (c) If a correctible building violation has not been corrected by the end of the correction period, the code enforcement officer has authority to issue to the responsible person a second citation containing a notice of noncorrection. The citee to whom the notice of noncorrection is issued shall be liable for and shall pay to the city the fine or fines described in the citation which fine shall be due on the date this second citation is issued. Additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second citation is issued. (d) No correction period need be provided for immediate danger violation prior to issuing citation(s) for fines payable to the City. 02l Section 6: Title 1, Chapter 11, Section 1-38 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-38. Citation contents. (a) Each citation shall contain the following information: (1) Name of the responsible person for the violation of this Code. (2) Date on which the Code violation occurred. (3) The Code section or ordinance violated. (4) Address where the Code violation occurred. (5) Description of the violation. (6) Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty. (7) Designation of the correctible building violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection when the correctible building violation has not been corrected. (8) Designation of prior citations issued for the same Code violations, if known by the code enforcement officer. (9) Description of the procedure for requesting a waiver of fine deposit and/or an administrative review to contest a citation. (10) Designation of an assigned hearing date, time and location to be used if the citee files a request for waiver of the fine deposit and/or an administrative review. (11) A notice that the Code violation is a nuisance and the process for the collection of unpaid fines and/or nuisance abatement costs as more specifically set forth in section 1-48. (12) Signature of the code enforcement officer issuing the citation. (13) Date the citation is issued. (14) A self-addressed envelope in which the citee can send to the city the fine or a request for a waiver of fine deposit and/or an administrative review. (15) Any other information deemed necessary by the city for enforcement or collection purposes. Section 7: Title 1, Chapter II, Section 1-43 of the Costa Mesa Municipal Code, is hereby amended to read as follows: 1-43. Request for administrative review. (a) Any person receiving a civil citation may contest it by filing a request for an administrative review, except that a review of a correctible building violation may not be requested unless and until a second citation containing a notice of noncorrection is issued. To obtain an administrative review, the citee shall file a signed written request form contained on the reverse side of the citation and indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation. (b) To be effective and complete, the request must be received by the city within thirty (30) days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine. The request will not be accepted for filing if not accompanied by the fine deposit unless the citee also requests a waiver of the fine deposit pursuant to section 1-44. Where a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the city. All requests shall be date stamped upon receipt by the city. The director is authorized to designate the location within the city where the fines and deposits must be delivered to the city to satisfy this subdivision. (c) The person requesting the administrative review shall appear at the hearing on the date, time and place specified on the citation. Failure to personally attend the hearing will be considered a nonappearance. Non-appearance by the citee shall constitute an abandonment of the request unless the hearing was continued pursuant to section 1- 45(f). Section 8: Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Section 9: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 10: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. Section 11: Effective Date. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance ;Z3 and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. APPROVED AND ADOPTED on this day of xx, 2020. Katrina Foley Mayor ATTEST: Brenda Green City Clerk 1, BRENDA GREEN, CITY CLERK of the City of Costa Mesa, California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on the day of xx, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney Pq ATTACHMENT 2 RESOLUTION NO. 2020-xx 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 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 Resolution No. 2020-xx Page 1 of 3 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. PASSED AND ADOPTED this 15t" day of December, 2020. ATTEST: Katrina Foley, Mayor APPROVED AS TO FORM: Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Resolution No. 2020-xx Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 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-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 151h day of December, 2020, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 15th day of December, 2020. Brenda Green, City Clerk Resolution No. 2020-xx Page 3 of 3 EXHIBIT "A" CIVIL FINES AND PENALTIES SCHEDULE 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. 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 HE Municipal Code. All other delinquent fines may be referred to a collection agency as determined by the Director of Finance. 0-9