Loading...
2020/01/14 City Council Resolution 2020-007 RESOLUTION NO. 2020-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ADMINISTRATIVE CITATION PENALTY SCHEDULE WHEREAS, in accordance with California Government Code Section 36901, the City may impose fines, penalties and forfeitures for violations of ordinances; and WHEREAS, various provisions of the Rohnert Park Municipal Code authorize the City Council to establish penalty amounts be resolution; and WHEREAS, Chapter 1.25, "Administrative Citation Program," provides for the establishment of fines and penalties for"specific individual violations or categories of violation" not otherwise provided for within the Chapter, including providing authority for the Council to establish such fines or penalties in the form of a resolution; and WHEREAS,the City Council has previously adopted an"Administrative Citation Penalty Schedule,"the most recent version of which was adopted by Resolution No.2001-86 on April 10, 2001; and WHEREAS, it has been determined that the fines assessed for many of the Municipal Code violations are outdated, low in amount and do not represent a reasonable penalty for such violations and the City Council desires to update and adopt a single uniform schedule of administrative penalties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and material to this Resolution. Section 2. Environmental Review. The adoption of this Resolution is exempt from environmental review under the California Environmental Quality Act as this action is not considered a "project" as defined in Title 14, California Code of Regulations, Section 15378(a), as it has no reasonably foreseeable direct or indirect physical change on the environment, and is further specifically excluded under Section 15378(b)(4), as a government funding mechanism or fiscal activity that does not involve a commitment to any specific project. Section 3.Adoption of Amended Fine and Penalty Schedule.The amended Administrative Citation Penalty Schedule attached as Exhibit A is hereby approved and adopted, and as such supersedes and replaces the Administrative Citation Penalty Schedule approved by Resolution No. 2001-86. Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. DULY AND REGULARLY ADOPTED this 14th day of January, 2020. CITY OF ROHNF^T PARK Josep . Callinan, Mayor ATTEST: SylviaLCuevas, Assistant City Clerk Attachment: Exhibit A ADAMS: BELFORTE: STAFFORD: MACKENZIE: CALLIN AYES: ( } OES: ()e:>) A E T: ( <2:)) ABSTAIN: . } Resolution 2020-007 2 Exhibit A to Resolution City of Rohnert Park Administrative Citation Penalty Schedule (Chapter 1.25 of the Rohnert Park Municipal Code) In accordance with Section 1.25.090 of the Rohnert Park Municipal Code, the following classes of offenses shall have particular fine amounts associated with them as specified below: P alty Fine Amount 1st 2nd 3rd/Subsequent Chapter or Section Violation Violation Violation Violation RPMC Chapter 9.48 Alcohol Offence/Loud Parties $500 $1000 $1000 RPMC§5.04.030 Business License Required $250 $500 $1000 RPMC§9.44.120 Construction outside approved times $500 $500 $1000 Failure to maintain proper pool enclosure,as required under the CBC§3109 California Building Standards Code as adopted by the City $1000 $1000 $1000 RPMC§ 13.64.050 Prohibition of Illegal Discharges $500 $1000 $1000* RPMC§ 1.24.050 Residential Rental Units(House Rules/Nuisances) $500 $1000 $1000 Unauthorized alteration of a disabled access parking space,as CBC§ l IB-108 required under the California Building Standards Code as $500 $1000 $1000 adopted by the City Unlawful continuance of work after issuance of a"Stop Work" CBC§ 115.3 Order,as provided for under the California Building Standards $1000 $1000 $1000 Code as adopted by the City *within 36 months Payment of the administrative citation fine amount after twenty-one(21)days from the date of the Late payment charge for administrative citation shall be subject to an additional late payment charge.The late payment charge any person who fails to pay shall equal twenty-five percent(25%)of the administrative citation fine amount due to the City,or the city any fine or penalty twenty-five percent(25%)of the amount remaining unpaid to the City if a portion of the fine amount imposed pursuant to the was timely paid.Late payment charges shall be in addition to the amount of the administrative citation provisions of this code on fine amount.In addition,interest shall accrue on all unpaid monies due,inclusive of late payment or before the date that the charges,at the rate of 10 percent(10%)per month or fraction thereof of the total amount due from the fine,fee or penalty is due: date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City