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Home My WebLink AboutOrd. No. 1996-1017 ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 1.20, SECTIONS 1.20.010 THROUGH 1.20.080, PERTAINING TO THE ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION, ENFORCEMENT, ADMINISTRATIVE REVIEW AND COLLECTION OF PENALTIES FOR VIOLATING PROVISIONS OF THE LAKE ELSINORE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: The Lake Elsinore Municipal Code is amended by adding Chapter 1.20, entitled ADMINISTRATIVE CITATION PROCEDURE, and the following s~ctions: Section 1.12.010 - Administrative penalties for violation of this Code. Whenever any act is prohibited pursuant to any ordinance of the City or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, such conduct shall be subject to an administrative penalty by a fine not exceeding $1,000.00; except that whenever such act would otherwise constitute an infraction said person committing such conduct is subject to - administrative penalty not exceeding $100.00 for a first violation, a penalty not exceeding $200.00 for a second violation of the same provision within one year, and a penalty not exceeding $500.00 for each additional violation of the same provision within one year. Section 1.20.020 - Violation of Code. It shall be unlawful for any person to violate any ordinance of the City. Whenever an officer of the City finds that an ordinance has been violated he or she may implement the provision for administrative penalties under this code. He or she shall notifY the violator in writing of the violation and inform the violator of the penalty owed to the City for violating the ordinance. If the violation pertains to building, plumbing, electrical or other similar structural or zoning violations that do not pose an immediate danger to health or safety, the written notice shall detail the violations and establish a reasonable correction period or schedule, which shall not be less than 5 days, before a penalty is imposed. Section 1.20.030 - Service of Notice. Service of notices required under this provision shall be made by the following means: A. By personal service of the violator in the same manner as a summons in a civil action; or, PAGE TWO - ORDINANCE NO. 1017 B. By registered U.S. mail. Service shall be completed at the time of deposit in the U.S. Mail. - Section 1.20.040 - Request for review. Any person that is ordered to pay an administrative penalty for violating a City ordinance may request a review by depositing the full amount of the penalty with the request for review to the City Manager and providing a written explanation to the City Manager as to why the violation is being contested. Section 1.20.050 - Determination. The City Manager, or a designee of the City Manager, shall review the request for review and take appropriate action. He may act on the information before him, request additional information, or take other administrative action necessary to make a determination. Section 1.20.060 - Decision of the City Manager Following the review of the violation, the City Manager or the City Manager s designee, - shall determine whether a violation of an ordinance has occurred. If the City Manager or the City Manager s designee determines that a violation has occurred he or she shall prepare a written order affirming the administrative penalty and/or designating an appropriate penalty. The order shall inform violators of their right to appeal the order within 20 days to the Municipal Court for a trial de novo. Section 1.20.070 - Alternatives. Nothing in this article/chapter shall prevent the City form initiating a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this article. Section 1.20.080 - Collection of penalties. The penalties and/or fine may be collected by the City in a small claims action, by lien, by collection agency, or by any other legal means. PAGE THREE - ORDINANCE NO. 1017 PASSED AND APPROVED UPON THE FffiST READING this 9th day of July 1996, upon the following roll call vote: - AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED, AND ADOPTED UPON THE SECOND READING this 23rd day of July . 1996, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: - ATTEST: r- r ----- - ~W VICKI MSr\.lii~~ITY CLERK - ,- ~ AP1~VE)) AS TO FORM AND LEGALITY: JO~~TTORNEY - 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 by title only for adoption on July 9, 1996, and passed on July 23, 1996, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE (--l 0. __c_ / --- .,- ~~~~;~ CITY (;)F ~AKR ELSINORE - ~EAItL_,- - 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. 1017 of said Council, and that the same has not been amended or repealed. DATED: July 24, 1996 - (SEAt) - - -: