HomeMy WebLinkAboutR-9677 Amending Administrative Fines for Specified Violations Pusuant to Chapter 1.24 of the MuniCodeC
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RESOLUTION NO. 9677 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE AMOUNT OF ADMINISTRATIVE FINES FOR SPECIFIED
VIOLATIONS PAYABLE IN CONNECTION WITH THE ISSUANCE OF
ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1.24 OF THE
SAN LUIS OBISPO MUNICIPAL CODE.
WHEREAS, on October 1, 2002 the City Council of the City of San Luis Obispo adopted
Ordinance No. 1426, which added new Chapter 1.24 to Title One of the San Luis Obispo Municipal
Code, entitled "Administrative Code Enforcement Procedures," pertaining to the issuance of
administrative citations for San Luis Obispo Municipal Code violations; and
WHEREAS, California Government Code Section 53069.4 and San Luis Obispo Municipal
Code Chapter 1.24 enables the City, acting as a charter city pursuant to Article XI, Sections 5 and 7 of
the State Constitution, to impose and collect civil administrative fines in conjunction with the
abatement of Municipal Code violations; and
WHEREAS, Chapter 1.24 of the Municipal Code also establishes and provides that the City
will continue to employ the philosophy of obtaining voluntary compliance from property owners,
individuals and businesses who violate the Municipal Code; and
WHEREAS, on September 17, 2002, the City Council adopted Resolution No. 9366, effective
October 1, 2002, establishing a Fine Schedule setting forth amounts of administrative fines to be
imposed pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code; and
WHEREAS, the City Council now finds that increased penalties for violations of the San Luis
Obispo Municipal Code, Chapter 9.12 (Noise Control) and 9.20 (Urination in Public) will further
discourage such criminal activity and will enhance the ability of law enforcement to protect the public
health, safety and welfare within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AS FOLLOWS:
SECTION 1. The Fine Schedule established by the City Council on September 17, 2002 by
Resolution No. 9366 for Administrative Citations issued pursuant to Chapter 1.24 of the San Luis
Obispo Municipal Code is hereby amended as follows:
A. For a first violation of the San Luis Obispo Municipal Code, Chapter 9.12 (Noise
Control) or Chapter 9.20 (Urination in Public) the administrative fine shall be the sum of Three
Hundred Fifty Dollars ($350.00) for each such violation.
B. For a second violation of either of the Code sections occurring within twelve (12)
months of the prior violation of the same Code section, the administrative fine shall be the sum of
Seven Hundred Dollars ($700.00).
R 9677
Resolution No. 9677 (2005 Sc11es)
Page 2
C. For the third violation of either of the Code sections, or additional violations
thereafter, of the same Code section occurring within twelve (12) months of the first violation, the
administrative fine shall be the sum of One Thousand Dollars ($1,000.00).
SECTION 2. This Resolution shall go into effect immediately upon adoption by the City
Council.
Upon motion of Vice Mayor Ewan, seconded by Council Member Brown, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 3`d day of May 2005.
zareo �
Mayor David F. Romero
ATTEST:
Audrey ooper
City C rk
APPROVED:
an P. Lowell,
City Attorney
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