HomeMy WebLinkAboutItem No.32CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:' MAYOR AND CITY COUNCIL
FROM: RON MOLENDYK, CITY MANAGER
DATE: JULY 27, 1993
SUBJECT: MUNICIPAL CODE CHAPTER 30.12
The California State Legislature adopted. Assembly Bill 408 which
became effective on July 1, 1993 providing that any violation of an
unlawful standing or parking -provision - of,the law shall be subject
to a civil penalty schedule established by'the governing body of
the jurisdiction in which enforcement occurs. It is to be governed
by a civil procedure including an investigation and review
procedure and an administrative and judicial appeal process.
In addition, the authority for an issuing agency to contract with
a municipal or justice court for purposes of processing parking .
violations will be deleted.
In discussing this legislation with the City Attorney, it appears
that it would be in the City's best interest to expand this civil
procedure to include enforcement of Lake.Regulations Violations.
The intent of the attached ordinance is to establish an
administrative review procedure which will be phased in and fully
implemented by January 1, 1994.
The City Attorney will be available to provide clarification of
this Ordinance at the meeting. I '
RECOMMENDATION
Give First Reading for Adoption to Ordinance No. 961.
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Prepared by:
Ili-chard J. Watenp g
Manager of Special Projects
Approved.for
Agenda Listing:
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL CITY OF LAKE
ELSINORE AMENDING THE CITY OF LAKE ELSINORE
MIJNICIPAL`CODE CHAPTER 10.12 IN ITS ENTIRETY
RECITALS
WHEREAS, the California State Legislature adopted AB408 which was signed into law
effective July 1, 1993 providing generally that any violation of an unlawful standing or parking
provisions of law shall be subject to a civil penalty schedule established by the governing body
of the. jurisdiction in which enforcement of those penalties shall be governed by a civil
procedure, 'including an administrative investigation and review procedure and an administrative
and judicial appeal process; and
WHEREAS, not later than July 1, 1993 the authority will be deleted for an issuing
agency to contract with a municipal or justice court for, purposes of processing parking
violations; and
WHEREAS, the City desires to utilize the same procedure for the enforcement of Lake
Regulation Violations; and
WHEREAS, as of July 1, 1993, an administrative review procedure will be established -
and phased in, and fully implemented by January 1, 1994.
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS;
Chapter 17.11 is hereby amended in its entirety to provide as follows:
SECTION 1: Chapter 10.12 dealing with parking enforcement/violation, collection by
the City of fines relating to parking violations and establishment of an, Administrative
Adjudication Program is hereby added to the Lake Elsinore Municipal Code.
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Chapter 10.12
PARKING AND LAKE REGGUALTIONS /ENFORCEMENT /VIOLATIONS
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Sections:
10.12.010
10:12.020
10.12.030
10.12.040
10.12.050
10.12:060
10.12.070
10.12.080
10.12.090
10.12.100
10.12.110
10.12.120
10.12.130
Intent and Purpose
Enforcement Personnel
Parking Violations Included
Lake Violations Defined
Citations
Parking and Lake Regulations Violation Penalties, Late Payment
Penalties
Removal of Vehicle from Streets
Delinquent Violations Notices
Authorization to Contract for Parking and Lake Regulation
Violation - /Delinquency Notification
Contesting of the Parking and Lake Regulation Violation
Administrative Review Process
Appeal of Administrative, Review Process
Collection of Unpaid Citations
10.12.010 Intent and Purpose. The intent and purpose of this Chapter
is to establish and enforce parking violations, to establish authority for enforcement of the
parking violations program, to establish,a program"for enforcement of Lake Regulations and
create an Administrative Adjudication Program for collections of fines and to provide all
individuals charged with a violation a forum in which the facts of their case may be reviewed
fairly and a disposition rendered in a timely manner. •
10.12.020 "Enforcement Personnel. The provisions of this Chapter shall be
administered and enforced by the Lake Elsinore Police Department (Riverside County Sheriff),
Lake Elsinore Code Enforcement personnel, any other employee so designated as the Parking
Code Enforcement Officer or Lake Patrol Officer as appointed by the City Manager. Said
Personnel are authorized to issue citations for all violations of Chapters 8.44, 9.96.070 -180, and
10.12 of the Lake Elsinore Municipal Code.
10.12.030 Parking Violations Include:
A. Any vehicle left unattended upon any bridge, street, driveway apron,
designated and signed equestrian trail, parkway area in the commercial and industrial zones or
in any area which has a concrete sidewalk.
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B. Any vehicle which is parked or left standing in a position so as to obstruct
the normal movement of traffic or in a condition so as to create a hazard to other traffic upon
the street.
C. Any vehicle which is illegally parked so as to block the entrance to a private
driveway.
D. Any vehicle which is illegally parked so'as to prevent access by fire fighting
equipment to a fire hydrant.
E. Any vehicle found stopped, standing, parked or left along any street or street
segment established by ordinance or resolution of the City,Council as no- parking =areas where
signs have been installed and curb markings made.
10.12.35 Lake Violations Defined.
A. Lake regulation violations shall be defined as violations of Lake Elsinore
Municipal Code Chapters 8.44 and 9.66. 010 through .180
10.12.040 Citations. Citations issued under this Chapter shall include the
following information: (as applicable)
A. Violation for which citation was written, including a reference to this
Section of the Code. ,
B. The approximate time when citation was written.
C. The location where the violation occurred.
D. Vehicle or Boat License Number and Registration expiration if visible.
E. Last four digits of the vehicle identification number or boat CF Number.
F. Color and make of vehicle or boat.
G. - . Bail amount and procedure for paying fine or contesting citation
H. The parking citation will be placed either under windshield wiper or in
another conspicuous place upon the vehicle so as to be easily observed by
the person in charge of the vehicle. Lake. violation .citation shall be
personally served on the alleged violator.
I. A copy of citation shall be filed with the Finance Department of the City
of Lake Elsinore
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date of the delinquent notice, the Agency will file with the DMV for
collecti6n, of such fine*s, payable upon the renewal of the-registration for
such vehicle or boat. ,
10m.080 Authorization to Contract for Parking and Lake Regulation
Violation /Delinquency Notification. Under this section, the City Council of the-City, of Lake
Elsinore may contract with ihe. County, private vendor'or .with another city or county for
processing the notices 'of parking and Lake Regu I lation Violations and notices of delinquent
violations, prior to any administrative review process or filing with the courts.
- 10.12.090 Contesting of Nrkinff and Lake Regulation Violations. If a
person contests a notice of parking, Lake Regulation violation, or a notice of delinquent parking
violation, the City shall do- the following:
_'Investigate'the records and-,,review the circumstances of the citation with the
issuing personnel with -respect to the contestant's,written explanation and reason
for c6ntestin-g'th'e violation. If, based upon the'results of the'investigation the
City finds that the violation did not occur or that the registered owner Was not
respons I ible, the' City shall cancel the notice of violation and make a record in
writing explaining the reasons for canceling the notice.
B. If the person(s) contesting the notice of violation is not satisfied with the decision
upon completion of the investigation- as' outlined above, the person may within
fifteen,(15) days of the noticeof decision, deposit the'amount of the penalty and
request an administrative review.
10.12.100 Administrative Review Process. An administrative review must
be requested by the person contesting the notice of the violation or a notice of delinquent
violation in writing, fifteen (15) days after the notice of decision of the City's investigation
together with a deposit in the'amount of the parking'
arking penalty:
The Administrative Riview'Process shall consist of the following:
A. The person requesting an administrative review shall indicate to the City whether
the review process will be by mail or personal conference.
B. If the'person requesting an administrative review is a minor, that person shall be
permitted to appear at the hearing or admit responsibility for a violation without
the necessity of the appointment of a guardian.
C. The idministiativere'view shall beconducted before an examiner designated to
conduct the review by the City Council or City Manager.
I' The examiner shall demonstrate 'those qualifications, training, and
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10.12.050 Parking and Lake Regualtions Violations Penalties Late
Payment Penalties, shall be established by Resolution of the City Council.,
10.12.060 Removal of Vehicle from Streets. Any regularly employed and
salaried officer of the City, empowered by the.City Manager for Traffic Enforcement may
remove or cause to be removed: ;
A. Any vehicle .that has been parked -or left standing upon a street, or
highway for seventy -two (72) or more consecutive hours.
B.
C.
Any vehicle which is parked or left standing upon a street .or highway
where, the use of such street or highway, or a portion thereof is necessary
for the cleaning, repair or construction of the street or highway or ahy
portion thereof is authorized for the purpose other than the normal flow
of traffic, or where the use of the street or. highway or any portion thereof
is necessary for the movement of equipment, articles or structures of
unusual size, and where, the parking, of such vehicle would prohibit or
interfere with such use or vehicle maybe removed signs are erected or
placed at least twenty -four (24) hours prior to the removal.
The City hereby adopt Section 22658 of the Vehicle Code in its entirety
and as amended_ from time to time, which allows the owner or person in
'lawful possession of the private property, '. to, under certain specific
circumstances, cause the removal of a vehicle parked on the property to
the nearest public garage and /or a citation may be issued for the parking
violation.
10.12.070 Delinquent Violation Notices.
A. If the payment of the, parking violation- on Lake Regulation Violation
and /or penalty is not received by the date fixed on the notice of violation,
the notice of delinquent violation is to be sent to the registered owner of
the vehicle or boat.
B. The delivery of the notice of delinquent.parldng and /or Lake Regulation
violations(s) shall be by personal service or first -class mail addressed to
the registered owner, as shown on the records of the Department of Motor
..Vehicles.. .
C. Copy of the parking and /or Lake Regulation violation citation shall be
provided with the delinquent violation(s) notice„ mailed within, 15 days of
the due date of the citation.
D. If payment of the violation and penalties are not received within the due
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C. If the registration of the vehicle or-boat has not been renewed for sixty (60) days
beyond the renewal date, and the citation has not been.collected by the DMV, the
City may file proof of the unpaid penalties and fees with the court with the same
effect as a civil judgment as provided in subdivions B.
10:12.0130 Effective Date-of this Ordinance. This ordinance, shall become
effective July 1, 1993. The citation process of Parking Enforcement /Lake Regulation Violation
Section of the Lake Elsinore Municipal Code shall become operable no later than, July 1, 1993.
SECTION 3. CONSTITUTIONALITY: If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Lake Elsinore hereby 'declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 4. POSTING AND PUBLICATION: The Mayor shall sign -this .
Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15)
days of its passage to be published and posted at no, less than five (5) public places within the
City of Lake Elsinore and published in the Sun Tribune. _.
PASSED, APPROVED AND. ADOPTED this day, of 1993, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
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objectivity prescribed by the City Council or City Manager as are
necessary and which are consistent with the duties and responsibilities set
forth in this Chapter.
D. The enforcing officer authorized to issue a notice of violation shall not be
required to participate in an administrative review. No evidence shall be required
other than the `notice of violation or copy, and information'received from the
Department'of Motor Vehicles identifying the registered owner of the vehicle or
boat.
E. The review shall be conducted in accordance with the written procedure
established and approved by the City Council which shall ensure fair and ,.
impartial review of contested violations. The Examiner's final decision shall be
delivered personally to the person by the examiner or to the person by first -class
mail:
10.12.110 Appeal of Administrative Review Process. Within twenty (20)
days of the mailing of the hearing examiner's decision, an appeal may be filed with a civil.court.
The court currently .requires persons filing the appeal to pay a filling fee plus any other
applicable court charges and fees.
If the court overrules the hearing examiner, the City must refund the filing fee and any
part of the parking penalty that the Court may order to be refunded.
- 10.12.0120 Collection of Unpaid Citations. The City may only follow. one
of the collection options for an unpaid citation:
A. File an itemization of unpaid penalties, administrative and service fees with the
DMV for collection with the registration of the vehicle or boat, ,
B. If more than $400.00 dollars in unpaid penalties and fees have been accrued,
proof thereof may be filed with the court with the same effect as a civil judgment.
The Court may assess costs against the debtor.
1. The City must send a notice by first -class mail informing the person or
registered owner that a judgment for unpaid citation, fees, and costs will
be entered after thirty (30) days from the mailing of the notice. .
2. The notice must advise that execution may be levied against assets, liens
may be placed against property, wages may be garnished, and other steps
taken to satisfy the judgment.
3. The City may contract with a licensed collection agency to collect the
judgment.
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AGENDA ITEM NO..—
ABSTAIN:
Executed this day of 1993, at Lake Elsinore, California-
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
[SEAL]
AGENDA ITEM NO, .3—L
PAOE C) OF.,,. D
CITY OF LAKE ELSINORE ,.
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE -
APPROVED AS TO FORM:
JOHN R. HARPER, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE }
CITY OF LAKE ELSINORE }
I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance being Ordinance No. was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor, and
attested to by the City Clerk, all at the meeting of said City Council held
on the day of , 1993, and that the same was passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
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