HomeMy WebLinkAboutOrdinance 1222 Modify Section 8.81.010 Violations Subject to Administrative CitationCITY OF PALM D S6 T' -
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: MODIFY SECTION 8.81.010 (B), ADMINISTRATIVE CIATATIONS
— APPLICABILITY, OF THE PALM DESERT MUNICIPAL CODE
SUCH THAT VIOLATIONS OF THE ZONING ORDINANCE AND
BUILDING CODE ARE SUBJECT TO ADMINISTRATIVE
CITATION
SUBMITTED BY: Pedro Rodriguez, Senior Code Compliance Officer
DATE: March 24, 2011
Recommendation
That the City Council waive further reading, passing Ordinance No. 1222
to second reading amending Section 8.81.010 of the Palm Desert Municipal
Code.
Executive Summary
Approval of the recommended action will give Code Compliance staff an additional tool
for obtaining compliance with building code, zoning ordinance, and various other
provisions of the municipal code that are currently exempted from the administrative
citation process.
Discussion
Code Compliance staff utilizes various tools to effect compliance for violations of the
Municipal Code, one of which, administrative citations, has proven to be a particularly
effective compliance tool. Administrative citations can now be issued for property
maintenance violations such as unmaintained landscaping in front yards, trash
containers in public view, substandard structures that have broken windows, peeling
paint, inoperable/abandoned vehicles and various other public nuisance violations.
However, the existing code precludes the application of administrative citations to
violations of the zoning ordinance and building code.
Administrative citations have reduced legal fees by addressing the violations through
the administrative process outlined in the chapter. For example, if a citation is appealed,
the process is heard before an administrative hearing officer, and ultimately any person
aggrieved by an administrative hearing officer's decision has the right to petition the
matter for review with the County Municipal Court for final disposition in accordance with
the California Government code. Additionally, administrative citations provide the
Staff Report
Administrative Citations
March 24, 2011
Page 2
opportunity to recover costs of staff time if the violator fails to pay the fine, by placing a
lien on the property.
Currently, Section 8.81.010 (B), exempts violations of the building, plumbing, electrical,
structural and zoning codes from the issuance of administrative citations. Common
violations addressed in these codes include illegal signs, non -permitted construction,
violations of conditional use permits (including those issued for short-term rentals) and
many other building and zoning violations. The administrative citation tool is necessary
to effect enforcement of such zoning and building code violations that are currently
exempted under section (B) of this chapter. This proposed amendment would provide
Code Compliance staff the necessary tools to enforce the above -mentioned violations
that have not been subject to the administrative citations process.
The City Attorney concurs that there are no conflicting legal grounds that would prohibit
modifying Palm Desert Municipal Code Section 8.81.010 to extend administrative
citations to violations of the Zoning Ordinance and building regulations.
Recommendation
Amend Palm Desert Municipal Code Chapter 8.81 Administrative Citations as follows:
Repeal Section 8.81.010 (B) in its entirety, amending section 8.81.010 to delete the last
sentence of this section: subiect to subsection B of this section. The difference between
the language of the existing code and the code as proposed is illustrated below:
Current reading of Chapter 8.81
Chapter 8.81 ADMINISTRATIVE CITATIONS
8.81.010 Applicability.
A. This chapter provides for administrative citations which are in
addition to all other legal remedies, criminal or civil, which may be pursued by the
city to address any violation of this code.
B. The administrative citations process set forth in this chapter does
not apply to continuing violations of this code that pertain to building, plumbing,
electrical, or other similar structural or zoning issues.
C. Use of this chapter shall be at the sole discretion of the city, subject
to subsection B of this section. (Ord. 865 § 1 (part), 1998)
GAPlanning\Janine Judy\Word Files\Code Staff Reports\STAFF REPORTS\Admin CitationsWdministrative Citations Staff Report.doc
Staff Report
Administrative Citations
March 24, 2011
Page 3
Proposed change
Chapter 8.81 ADMINISTRATIVE CITATIONS
8.81.010 Applicability.
A. This chapter provides for administrative citations which are in
addition to all other legal remedies, criminal or civil, 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. (Ord.
865 § 1 (part), 1998)
itted by:
- -� � /—w 1?j4w"t� —
Pedro Rodriguez
Senior Code Compliance Officer
Approval:
M. Wohlmuth, City Manager
Department Head:
Lauri Aylaian
Director of Community Development
G1P1anning\Janine Judy\Word Files\Code Staff Reports\STAFF REPORTS\Admin Citations\Administrative Citations Staff Report.doc
ORDINANCE NO. 1222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ORDINANCE TO MODIFY
SECTION 8.81.010 HEALTH AND SAFETY, APPLICABILITY TO
ADMINISTRATIVE CITATIONS OF THE PALM DESERT MUNICIPAL
CODE.
WHEREAS, the City Council introduced Ordinance No. on March 24, 2011
modifying Section 8.81.010 of the Palm Desert Municipal Code, Health and Safety; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDINANDED by the City Council of the City of Palm
Desert, California, that the following section of the Palm Desert Municipal Code is hereby
amended, as follows:
SECTION 1: That Palm Desert Municipal Code Section 8.81.010 is herby modified as
described in Exhibit A, attached hereto.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of
general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effect thirty (30) days after its
adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 24th day of March, 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
JEAN M. BENSON, Mayor
ORDINANCE NO. 1222
EXHIBIT A
Chapter 8.81 ADMINISTRATIVE CITATIONS
8.81.010 Applicability.
A. This chapter provides for administrative citations which are in addition to
all other legal remedies, criminal or civil, 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. (Ord. 865 § 1
(part), 1998)
011