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HomeMy WebLinkAboutOrd. No. 1993-961ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL CITY OF LAKE ELSINORE AMENDING THE CITY. OF LAKE ELSINORE MUNICIPAL`CODE CHAPTER 10.12 IN ITS ENTIItET'Y 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. r~=: Chanter 10.12 PARKING AND LAKE REGGUALTIONS/ENFORCEMENT/VIOLATIONS 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 10.1.2.090 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 estab]ish 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. >. ,. 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 9.66.070 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 3 ,. 1' 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. 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 any 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 may be removed signs are erected or placed at least twenty-four (24) hours prior to the removal. C. 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 parking 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 4 ~, r: ;' date of the delinquent notice, the Agency will file with the DMV for collection of such fines, payable upon the renewal of the registration for such vehicle or boat. 10.12.080 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 `the County, private vendor~or with another city or county for processing the notices of parking and Lake Regulation violations and notices of delinquent violations, prior to any administrative review process or filing with the courts. 10.12.090 Contesting of Parking 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: A. ,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 contesting the 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 responsible, 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 notice of 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 penalty. The Administrative Review 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 administrative review shall be conducted before an examiner designated to conduct the review by the City Council or City Manager. 1. The examiner shall demonstrate those qualifications, training, and 5 ~; ~:. 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 " • Anneal 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. 6 - ___ - _ .w._..,. C. c registration of the vehicle or boat has not been renewed for sixty (60) days ' ; and the renewal date, and the citation has not been collected by the DMV, the ~~ty may file proof of the unpaid penalties and fees with the court with the same eft'ect as a civil judgment as provided in subdivions B. ~~'.: _1:~ ' 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. SF.,t~TION 3. CONSTITUTIONALITY: If any section, subsection, sentence, clause ar',~hrase 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. vc..rc.....,. rir ;- v: ~~~' INTRODUCED AND APPROVED upon first reading this 27th day of July, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WIN1£tER, WASHBURN ~: ,I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE GAR ASHBURN,MAYOR PASSED, APPROVED AND ADOPTED this 10_th day of August 1993, by the following vote: VICKI I;YN KASAD, CITY CLERK CITY OF LA E EI,SINORE APPkI"VED AS TO FORM: R. HARPER, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on July 27, 1993, and was passed on August 10, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI SAD, CITY CLERK CITY OF LA :R FLSINORE (S~?~) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 961 of said Council, and that the same has not been amended or repealed. DA~EL': August 11, 1993 VICICI"'?Z?~,AD, CI~iY CLERK CITY Or LAKE EISINORE (SEAL)