HomeMy WebLinkAboutOrd. No. 2003-1091
ORDINANCE NO. 1091
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF
CHAPTER 1.20 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING ADMINISTRATIVE CITATION PROCEDURES
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That Sections 1.20.010 and 1.20.020 of Chapter 1.20 are hereby
deleted and that the following Sections 1.20.010, 1.20.015, 1.20.020, 1.20.025 and 1.20.028 are
hereby added to Chapter 1.20 as follows:
1.20.010
Applicability.
A. This chapter provides for administrative citations which are in addition to all other
legal remedies.
B. Use of this chapter shall be at the sole discretion of the City.
1.20.015 Enforcement Officer. For purposes of this chapter, "enforcement officer" shall mean
any City employee or agent of the City with the authority to enforce any provision of this code.
1.20.020
Administrative Citation.
A. It shall be unlawful for any person to violate any ordinance of the City. Whenever an
enforcement officer charged with the enforcement of any provision of this code determines that a
violation of that provision has occurred, the enforcement officer shall have the authority to issue an
administrative citation to any person responsible for the violation.
B. Each administrative citation shall contain the following information:
1. The date ofthe violation or, ifthe date ofthe violation is unknown, then the
date the violation is identified;
2. The address or a description of the location where the violation occurred;
3. The section of the Lake Elsinore Municipal Code violated and a brief
description of the violation;
4. The amount of the fine for the code violation;
5. A description ofthe fine payment process, including a description ofthe time
within which and the place to which the fine shall be paid;
6. A description ofthe administrative citation review process, including the time
within which the administrative citation may be contested and the place from
which a request for hearing form to contest the administrative citation may be
obtained; and
7. The name and signature of the citing enforcement officer.
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1.20.025
Amount of fines.
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A. The amounts ofthe fines for code violations imposed pursuant to this chapter shall be
set forth in the schedule of fines established by resolution of the City Council.
B. The schedule of fines shall specify any increased fines for repeat violations of the
same code provision by the same person within twelve months from the date of an administrative
citation.
C. The schedule of fines shall specify the amount of any late payment charges imposed
for the payment of a fine after its due date.
1.20.028
Payment of the fine.
A. The fine shall be paid to the City within thirty days from the date ofthe administrative
citation, unless a later date is approved by the City Manager due to extenuating circumstances as may
be determined by the City Manager.
B. Any administrative citation fine paid pursuant to Section 1.20.028, subsection A. shall
be refunded if it is determined, after a hearing, that the person charged in the administrative citation
was not responsible for the violation or that there was no violation as charged in the administrative
citation.
C. Payment of a fine under this chapter shall not excuse or discharge any continuation or
repeated occurrence of the code violation that is the subject of the administrative citation.
SECTION 2:
SEVERABILITY
If any provision, clause, sentence or paragraph of this ordinance or the application thereofto
any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions
of this Ordinance and are hereby declared to be severable.
SECTION 3:
NOTICE OF ADOPTION
The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
SECTION 4:
EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk
shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in
the manner required by law.
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PASSED, UPON FIRST READING this 11 tkdayof March ,2003, by the following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this ~ day of March
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATGST:
2 .~t )t~
Vicki Kasad, City Clerk
, 2003, by the
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER
NONE
BR~rNiE
NONE
.~~ tt/~
Pamela Brinley, ayar
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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 introduced and read by title only for adoption on the
11 th day of March, 2003; and approved upon second reading by title only on the 25th day of
March, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
SCHIFFNER
KELLEY,
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
[~u COUNCILMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
BRINLEY
NONE
(SEAL)
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. 1091 of said Council, and that the same has not been amended or repealed.
~APril 22,2003
VICKI ~~ CLERK
CITY OF LAKE ELSINORE
(SEAL)