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HomeMy WebLinkAbout05-01-2012 c4 adopt ordinance amending title 1.24 of muni code admin citationsMeeting Date May 1, 2012 Item Number C 4 counci lj acenaa REpoR t C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Directo r Prepared By :Greg Cruce, Code Enforcement Office r SUBJECT : ADOPTION OF AN ORDINANCE AMENDING TITLE 1 .24 OF TH E MUNICIPAL CODE (ADMINISTRATIVE CITATIONS ) RECOMMENDATIO N Adopt Ordinance #1576 (2012 Series) amending Chapter 1 .24 of the Municipal Code . DISCUSSION Backgroun d On April 10, 2012, the City Council voted 5-0 to introduce an Ordinance amending Chapte r 1 .24 of the Municipal Code (Administrative Code Enforcement Procedures, Attached). The ordinance was amended to reflect procedural changes proposed by the Community Developmen t Department, which included : clarifying and changing the noticing requirements ; reducing the time given before administrative citations may be issued, while continuing to offer a reasonabl e amount of time necessary to abate violations ; and implementing the right to review of cod e interpretation . The amendments clarify and advance City goals and policies, and provide for a consistent process for issuing administrative citations for code violations . The Ordinance is no w ready for adoption . The amended text will become effective 30 days after its adoption . ATTACHMENTS : 1.Ordinance #1576 (2012 series) amending Title 1 .24 of the Municipal Cod e 2.Ordinance #1576 (2012 series) Summary Attachment 1 ORDINANCE NO . 1576 (2012 Series ) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SA N LUIS OBISP O REPEALING AND REPLACING CHAPTER 1 .24 (ADMINISTRATIVE COD E ENFORCEMENT PROCEDURES) OF TITLE 1 O F THE SAN LUIS OBISPO MUNICIPAL COD E BE IT ORDAINED by the Council of the City of San Luis Obispo as follows : SECTION 1 . Chapter 1 .24 of the San Luis Obispo Municipal Code is hereby repealed an d replaced to read as follows : Chapter 1 .24 ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE S Sections : 1 .24 .010 Purpose ; Adoption of Administrative Guidelines . 1 .24 .020 Applicability . 1 .24 .030 Definitions . 1 .24 .040 Maintaining Public Nuisances Prohibited . 1 .24 .050 Abatement of Unlawful Conditions - Notice . 1 .24 .060 Extensions of Time . 1 .24 .070 Amount of Civil Fines . 1 .24 .080 Manner of Payment - Civil Fines . 1 .24 .090 Appeal of Administrative Citation . 1 .24 .100 Hearing Procedures for Notice to Correct . 1 .24 .110 Hearing Procedures for Administrative Citations . 1 .24 .120 Appeal Decision . 1 .24 .130 Right to Judicial Review. 1 .24 .140 Collection of Unpaid Fines . 1 .24 .010 Purpose ; Adoption of Administrative Guidelines . A.Purpose . The purpose of this Chapter is to enable the City, acting as a charter city pursuant t o Article XI, Sections 5 and 7 of the state Constitution, to impose and collect civil administrative fines i n conjunction with the enforcement of provisions of this Code . Notwithstanding the provisions herein, th e City has and shall continue to employ the philosophy of voluntary compliance when seeking complianc e with this Code as may be required by law. B.Administrative Guidelines Approved by the City Council . Concurrently with the adoption of th e ordinance establishing this Chapter, the City shall prepare and promulgate administrative guidelines Ordinance No . 1576 (2012 Series) Attachment 1 Page No .2 which shall, among other things, establish policies for providing appropriate and adequate warnings wit h respect to possible Municipal Code violations to those persons who may receive an administrativ e citation, to provide direction to City staff for the correct process of issuing an Administrative Citation , and to establish the proper format of the Administrative Citation, and for service of that Administrativ e Citation in a manner consistent with the requirements of due process (hereinafter referred to as th e "Administrative Citation Guidelines"). Such Administrative Citation Guidelines shall be expressl y approved by a resolution of the City Council prior to their adoption . 1 .24 .020 Applicability . A.ENFORCEMENT OF THE MUNICIPAL CODE . This Chapter makes any violation of th e provisions of the San Luis Obispo Municipal Code, including but not limited to all construction, fir e safety and property maintenance codes adopted by reference and as amended pursuant to Title 15 of th e Code, subject to administrative fines . B.ADMINISTRATIVE AUTHORITY . This Chapter establishes the procedures for the imposition , enforcement, collection, and review of civil administrative fines pursuant to State Government Cod e Section 53069 .4 and pursuant to the City's plenary police powers as a charter city . C.REMEDIES NOT EXCLUSIVE . The use of the administrative enforcement remedies provide d by this Chapter is solely at the City's discretion . By adopting this Chapter, the City does not intend t o limit its discretion to choose the use of any other remedy, civil or criminal, or other administrativ e procedures, for the abatement of such violations that the City may select in a particular case, includin g procedures for the imposition of civil or criminal penalties . D.STRICT LIABILITY OF THE OWNER . Because serious Code violations may impact publi c health, welfare, and safety and the adequacy and safety of housing, this Chapter is intended to impos e strict civil liability upon the owners of real property (or the owner of a business where the violation i s caused by or relates to the operation of a business) for all violations of the San Luis Obispo Municipa l Code which may occur in the City of San Luis Obispo regardless of the existence of specific or genera l intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) t o violate the Code . 1 .24 .030 Definitions . The following definitions apply to the use of these terms for the purposes of this Chapter : A.ADMINISTRATIVE CITATION . Document issued by the Director levying or assessing a civi l fine as set by Council resolution as a penalty for a code violation . The Director shall not issue a n Administrative Citation pertaining to building, plumbing, electrical, or other similar structural o r zoning violations, that do not create an immediate danger to health and safety unless at least te n days prior to the issuance of the Administrative Citation, the Director served a Notice to Correct . B.CODE VIOLATION . Any violation of the San Luis Obispo Municipal Code . Ordinance No . 1576 (2012 Series) Attachment 1 Page No .3 .C . DIRECTOR. The Department Head, or his or her designee, responsible for enforcing th e Municipal Code with respect to his or her Department . D..HEARING ADMINISTRATOR . The person appointed by the City Administrator to serve as th e hearing officer for administrative hearings . E..ISSUED . Giving, mailing, or posting an Administrative Citation to a person wher e "issuance" is deemed to have occurred on the earlier of the date when an Administrative Citation i s personally served on a person, the date it is mailed to a person by posting in the regular United State s mail, or the date it is physically posted on real property where a property related Code violation i s occurring . F.NOTICE TO CORRECT . A type of Notice of Violation that pertains to building, plumbing , electrical, or other similar structural or zoning violations, that do not create an immediate danger to healt h and safety . It must be issued at least ten days prior to issuing any Administrative Citation pertaining t o building, plumbing, electrical, or other similar structural or zoning violations, that do not create a n immediate danger to health and safety being issued . G.NOTICE OF VIOLATION . An official City Municipal Code violation notice issued to a person(s) notifying them that they are in violation of the San Luis Obispo Municipal Code with respect t o certain real property or the operation of a certain business . Subsequent notices regarding the same type o f violation, within any twelve-month period, may be cause for imposing additional administrative fine s without warning . H.PERSON . Any of the following : 1.An individual who causes a Code violation to occur. 2.An individual who maintains or allows a Code violation to continue, by his or her action or failur e to act in a lawful manner . 3.An individual whose agent, employee, or independent contractor causes a Code violation by it s action or failure to act in a lawful manner . 4.An individual who is an owner of real property where a property related Code violation occurs . 5.An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises . For purposes of this subsection "person" includes a natural person or a legal entity including but no t limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a lega l entity . There shall be a legally rebuttal presumption that the record owner of a parcel as listed on th e County's latest equalized property tax assessment rolls is the person responsible for a Code violation o n such parcel . In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for Code violations relating to the operation of the business (fo r example, sign ordinance violations) on that parcel . 1 .24 .040 Maintaining Public Nuisances Prohibited . Pursuant to the authority of State Government Code Section 38771 and Sections 1 .12 .070 and 1 .12 .08 0 C4-4 Ordinance No . 1576 (2012 Series) Attachment 1 Page No .4 of this Code, any continuing violation of the San Luis Obispo Municipal Code constitutes a public nuisance . Therefore, any person owning or having possession of any real property in the City of San Lui s Obispo who is in violation of any provision of the San Luis Obispo Municipal Code may be determined t o be maintaining a public nuisance provided, however, that it shall not be the intent of the City that thi s Chapter preempt any private nuisance right of action or any and all other legal remedies available t o private parties to abate such nuisances . 1 .24 .050 Abatement of Unlawful Conditions - Notice . A.INSPECTIONS . Whenever City staff has inspected a property and finds that condition s constituting a violation of the Municipal Code exist thereon, the Director may use the procedures set fort h in this Chapter to abate such nuisance as authorized by law . B.NOTICE OF VIOLATION AND ADMINISTRATIVE CITATION ISSUANCE . The Directo r may issue a Notice of Violation and/or Administrative Citation for a violation to any person or person s whom the Director deems appropriate if the Director has determined, through investigation, that a violation exists . A person to whom a Notice of Violation and/or Administrative Citation is issued shall b e liable for and shall pay to the City the administrative fine or fines described in the Notice of Violatio n and/or Administrative Citation when due pursuant to the provision of this Chapter . C.DEVELOPMENT REVIEW CONDITIONS . Every person who applies for and receives a permit , license, or any type of land use approval (such as, but not limited to, a development review approval,a subdivision map approval, a conditional or special use permit, a zoning requirement modification,a variance, or other discretionary approval) shall comply with all mandatory approval conditions impose d upon the issuance of the permit, license, or other such approval . If a person violates any condition of suc h permit, license, or similar land use approval, that person may be issued a Notice of Violation and/o r Administrative Citation and may be held responsible for administrative fines under the provisions of thi s Chapter . D.CONTINUING VIOLATIONS . Except as provided elsewhere in the Municipal Code, each day a violation of this Code exists shall be a separate and distinct violation and may be subject to a separat e administrative fine . A Notice of Violation and/or Administrative Citation may charge a violation for on e or more days on which a violation exists and for violation of one or more applicable Code sections . E.PRIOR VIOLATIONS . The City may take into consideration the fact that a person has bee n previously issued a Notice of Violation and/or Administrative Citation when the City is determinin g whether to accept an application or to grant any permit, license or any similar type of land use approva l for that person and such Notice of Violation and/or Administrative Citation may be used as evidence tha t the person has committed acts that are not compatible with the health, safety, and general welfare of othe r persons and businesses within the City . F.CONTENTS OF NOTICE . The Director shall generally issue a Notice of Violation and/o r Administrative Citation to the owner or owners of the real property upon which the violation exists as th e person presumed under this Chapter to be responsible for the violation . The Administrative Guidelines a s approved by the City Council pursuant to Section 1 .24 .010 hereof shall, among other things, identif y those items of information which must be contained in the Notice of Violation and/or Administrative Ordinance No . 1576 (2012 Series) Attachment 1 Page No .5 Citation issued to persons and alleging a violation of the Municipal Code . G.SERVICE OF NOTICE . The Notice of Violation and/or Administrative Citation and an y amended Notice of Violation and/or Administrative Citation shall be served by mail or personal service i n the manner provided for in the approved Administrative Guidelines . H.PROOF OF SERVICE . Proof of personal service of the Notice of Violation and/or Administrativ e Citation shall be documented as provided for in the approved Administrative Guidelines . 1 .24 .060 Extensions of Time . If the Director receives a request from any person required to comply with a Notice of Violation, th e Director may grant an extension of any fine due date and abatement deadline if the Director determine s that such an extension of time will not create or perpetuate imminent danger to the public health an d safety . The Director shall have the authority to place reasonable conditions on such an extension . 1 .24 .070 Amount of Civil Fines . A.FINE SCHEDULE . The amount of fines for violating particular provisions of the Code shall b e set in a schedule of fines adopted by resolution by the City Council concurrently with the ordinanc e adopting this Chapter . The schedule may include escalating fine amounts for repeat Code violation s occurring within specified periods of time . B.DUE DATE FOR FINES . Fines are due on the day specified in the Administrative Citation, or, i n the event of an appeal, as determined by the Hearing Administrator . 1 .24 .080 Manner of Payment - Civil Fines . A.PAID BY MAIL . Fines shall be paid to the City within thirty (30) days of the due date . Paymen t shall be made by check or money order . The Director, for purposes of convenience and ease o f processing, may authorize payment to be made in accordance with any other method, includin g designating a location within the City for such payments . B.FURTHER VIOLATIONS . Payment of an administrative fine shall not excuse the person fro m correcting the Code violation . The issuance of a Administrative Citation or the payment of a fine does no t preclude the City from taking any other enforcement or legal action regarding a Code violation that is no t corrected, including issuing additional Administrative Citation or the initiation of criminal or Superio r Court civil abatement proceedings . 1 .24 .090 Appeal of Administrative Citation . A . APPEAL TO HEARING ADMINISTRATOR . Any person aggrieved by the action of th e Director in issuing an Administrative Citation pursuant to the provisions of this Chapter may appeal such Ordinance No . 1576 (2012 Series) Attachment 1 Page No .6 citation to the Hearing Administrator . If no appeal is filed within ten (10) days of the date of issuance o f the Administrative Citation, the Administrative Citation shall be deemed final . C . CONTESTED APPEALS . 1.To contest a Notice to Correct, the person receiving the Notice to Correct (the "appellant") shall provide information on a form prescribed by the Director setting forth the reasons to contest th e Notice to Correct . Failure to contest a Notice to Correct shall deem the Building Official or Director's interpretation of a code as final . 2.To appeal an Administrative Citation, the appellant shall file a signed written reques t following the appeal procedures outlined in the Administrative Citation . An appellant may contest th e Administrative Citation by denying that the facts that gave rise to a violation occurred, by denying that i t was not corrected within the required correction period or, if applicable, by establishing that he or she i s not the owner of the real property or the owner o f the business at the time the violation should have been corrected . D . RECEIPT OF AN APPEAL REQUEST . To be effective, the appeal request must be received b y the Director within ten (10) days of the date the Notice to Correct or Administrative Citation was issued . Where a request is mailed by the appellant, the request shall be deemed filed on the date received by th e Director . The Director is authorized to designate an address on the Notice to Correct or Administrativ e Citation to which such appeal requests shall be mailed . 1 .24 .100 Hearing Procedures for Notice to Correc t A.The Director shall review all contested Notices to Correct . The Director shall have the authorit y to uphold, modify or revoke any contested Notice to Correct . B.After considering the information provided by the appellant on the form prescribed by th e Director, the Director shall issue a Notice of Decision . The Notice of Decision shall be mailed b y first class and certified mail, postage prepaid, return receipt requested, to the appellant or thei r designated representative . C.The Director's interpretation of the code shall be deemed final unless appealed to the appropriat e advisory or legislative body as prescribed elsewhere in the Municipal Code . 1 .24 .110 Hearing Procedures for Administrative Citations A.APPLICABLE HEARING ADMINISTRATOR . For hearings involving violations of this Code , the Hearing Administrator shall be the person designated by the City Administrator to serve as the hearin g officer . B.TIME AND PLACE OF HEARINGS . Hearings shall be conducted by a Hearing Administrato r on the date, time and place specified by the City . C.APPEAL OF RECORDS . The Director shall ensure that the Administrative Citation is delivere d to the Hearing Administrator in sufficient time prior to the appeal hearing . Before the hearing, the Ordinance No . 1576 (2012 Series) Attachment 1 Page No .7 Director shall also make available to the appellant a copy of any additional information concerning th e Administrative Citation which will be provided to the Hearing Administrator . D.PRESENTATION OF EVIDENCE . The appellant shall be given the opportunity to testify and t o present evidence relevant to the Code violation specified in the Administrative Citation . E.USE OF REPORTS AS EVIDENCE . The Administrative Citation and any other reports prepare d by City staff or by the Director concerning a Code violation or attempted correction of a Code violatio n that are provided to the Hearing Administrator shall be accepted by the Hearing Administrator as prim a facie evidence of the Code violation and the facts stated in such documents . F.STAFF WITNESSES/ADDITIONAL EVIDENCE . Neither City staff nor any othe r representative of the City shall be required to attend the appeal hearing, nor shall the Hearin g Administrator require that there be submitted any evidence, other than the Administrative Citation, tha t may exist among the public records of the City with respect to the violation . However, any suc h appearance or submission may be made at the discretion of the Director . G.CONTINUANCES . The Hearing Administrator may continue an appeal hearing if a request i s made showing good cause by the appellant or the Director . All continuance requests shall either : (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physicall y unable to attend, or (2) be made by a written request received from the Director or the appellant . If th e continuance is granted, a new hearing date shall be set within thirty (30) days . If the continuance i s denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present th e request(s) shall be deemed abandoned in accordance with subsection I below . H.RULES OF EVIDENCE . The Appeal Hearing shall be conducted informally and the legal o r formal rules of evidence need not be followed . The Hearing Administrator does not have the authority t o issue a subpoena. I.FAILURE TO APPEAR . The failure of the appellant to appear at the hearing, unless the hearin g was continued per subsection G above, shall constitute an abandonment of the appeal, and shall constitut e a failure to exhaust administrative remedies concerning the violations set forth in the Notice o f Administrative Citation . A .24 .120 Appeal Decision . A . NOTICE OF DECISION . After considering all the evidence and testimony submitted at an appea l hearing, the Hearing Administrator shall issue a Notice of Decision within two (2) business day s to either uphold or revoke the Administrative Citation based upon a conclusion of whether a violation occurred . The Notice of Decision shall be mailed within one (1) business da y subsequent to the Hearing Administrator's issuance of the Notice of Decision by first class an d certified mail, postage prepaid, return receipt requested, to the appellant or their designate d representative . The failure by the appellant to appear at the appeal hearing shall be noted on th e Notice of Decision by the Hearing Administrator . The Hearing Administrator may reduce o r cancel the amount of any administrative fine or revoke the Administrative Citation in unusua l cases when extenuating circumstances make doing so appropriate and in the interest of justice . Ordinance No . 1576 (2012 Series) Attachment 1 Page No .8 The decision of the Hearing Administrator shall be final . B.PAYMENT OF FINE AFTER APPEAL DECISION . The filing of an appeal shall suspend an y fine assessed in the Administrative Citation . In the event that the Administrative Citation i s revoked, no payment of the fine is due . In the event that the Administrative Citation is upheld,a new compliance deadline and fine due date shall be established by the Hearing Administrator an d indicated on the Notice of Decision for the appeal . C.Revocation of the Administrative Citation by the Hearing Administrator shall void th e Administrative Citation fin e 1 .24 .130 Right to Judicial Review . A.APPLICABILITY OF GOVERNMENT CODE SECTION 53069 .4 . The appellant may see k judicial review of the Hearing Administrator's decision by filing a further appeal with the San Lui s Obispo Superior Court within twenty (20) calendar days after the appellant receives a copy of the Notic e of Decision, in accordance with the provisions of California Government Code Section 53069 .4 . Th e appeal filed with the Court must also contain a proof of service showing a copy of the appeal was serve d upon the Hearing Administrator for the City of San Luis Obispo . The appellant must pay to the Superio r Court the appropriate court filing fee when the appeal is filed . B.FAILURE TO EXHAUST ADMINISTRATIVE APPEAL . No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the Administrativ e Citation by an unexcused failure to appear at the appeal hearing or by the failure to request a n administrative appeal hearing before the Hearing Administrator . C.FORWARDING OF RECORDS TO SUPERIOR COURT . The City Attorney or the Cit y Attorney's designee shall forward to the Superior Court within fifteen (15) days of the Court's request, th e pertinent Administrative Citation documents for any case appealed to that Court . If the Superior Cour t revokes any Administrative Citation, the City will refund to the appellant the Superior Court filing fe e paid by the appellant . 1 .24 .140 Collection of Unpaid Fines . A . CITY REMEDIES . The City, at its discretion, may pursue any and all legal, equitable, an d administrative remedies for the collection of unpaid civil administrative fines . 1.Remedies Cumulative . Pursuit of one remedy does not preclude the pursuit of any othe r remedies until the total fines owed by a person under this Chapter have been collected . 2.Refusal to Issue Permits . A City department may refuse to accept an application for a Cit y permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines , liens, or assessments, any city permit, license, or other City approval pertaining to the property that is th e subject of a Notice of Violation and/or an unpaid Administrative Citation . 3.Suspension of Issued Permits . Notwithstanding any other provision of the Code, any permit , license, or any type of land use approval issued by the City to a person who has unpaid Administrative Ordinance No . 1576 (2012 Series) Attachment 1 Page No .9 Citations totaling $500 .00 or more which remain delinquent for thirty (30) days or longer may b e suspended by the department which issued the permit or other entitlement . The suspension become s effective ten (10) days after the date the notice of the suspension is placed by the issuing department i n the United States mail, postage prepaid, addressed to the person, and continues until the administrativ e delinquency is paid in full . The person may request an appeal/or review hearing pursuant to the specifi c permit, license, or other City approval procedures or ordinance if such a request is filed before the ten (10 ) day period ends . 4 . Criminal Remedies . The City Attorney, at his or her discretion, may also issue a crimina l citation or complaint (infraction or misdemeanor) to any person for a Code violation when the applicabl e fine has not been paid. B . VIOLATIONS CONSTITUTE A PUBLIC NUISANCE . The Director may pursue the remedie s described in this Section whether or not the City is pursuing any other action to terminate an ongoin g Code violation that was the basis for an Administrative Citation or to otherwise abate the violation o r sanction the property owner . To compel Code compliance, the City may also seek to collect assesse d fines by means of a nuisance abatement lien or special assessment against the property where a propert y related violation occurred in accordance with the procedures in Government Code Sections 38773 .1 and 38773 .5 . C . LIEN CONDITIONS . To recover any delinquent administrative fines as a lien or specia l assessment on real property, the following conditions must be met : 1.The Director must submit to and receive approval from the City Council for a resolutio n certifying the amounts of the liens and special assessments sought to be collected from each propert y owner ; and 2.The total amount of the delinquent fine against the property owner must be delinquent for sixt y (60) days or more . D . LIEN COLLECTIONS . The Director is authorized to take any steps necessary to enforc e collection of the lien or special assessment, including but not limited to the following : 1.Request the County Recorder to record a notice of any lien or special assessment certified b y resolution of the City Council . 2.Request the County Tax Collector on behalf of the City to collect any special assessment s certified by resolution of the City Council . E . NOTICE OF LIEN COLLECTION PROCEDURES . All Administrative Citations shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this Chapter . Thi s notice shall satisfy the notice requirements of Government Code Sections 38773 .1 and 38773 .5 when an Administrative Citation is served on the person . In addition, the Director shall by first class mail sen d notice to each property owner at least ten (10) days before the City Council considers the resolution t o certify the amounts of the liens and special assessments stating the date, time, and location of the meeting . The lien or special assessment shall be imposed on the date the Administrative Citation for the Cod e violation is issued to the responsible person and shall become effective upon the recording of a Notice o f C4-10 Ordinance No . 1576 (2012 Series) Attachment 1 Page No . 1 0 Lien or Special Assessment by the County Recorder . F . CONTESTING CERTIFICATION OF A LIEN . A person may contest the amount or the validit y of any lien or special assessment for a civil fine at the public hearing when the City Council considers th e resolution to certify the liens or assessments . Such contests shall be limited to the issue of the amount o r validity of the lien or assessment and may not consider whether the underlying Code violation occurred . Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment . SECTION 2 . A summary of this ordinance, approved by the City Attorney, together with th e names of the Council members voting for and against it, shall be published at least five days prior to it s final passage, in The Tribune, a newspaper published and circulated in this City . This ordinance will g o into effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the day of , 2012, AND PASSED TO PRINT by the Council of th e City of San Luis Obispo at a meeting held on the _ day of , 2012, upon motion of seconded by and on the following roll call vote : AYES : NOES : ABSENT : Mayor Jan Mar x ATTEST : Sheryl Schroeder, Interim City Cler k APPROVED AS TO FORM : /s/J .Christine Dietric k J . Christine Dietrick, City Attorney Attachment 2 ORDINANCE NO . 1576 (2012 SERIES ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUI S OBISPO AMENDING TITLE 1 .24 (ADMINISTRATION CITATIONS) O F THE MUNICIPAL COD E On April 10, 2012, the Council of the City of San Luis Obispo voted 5-0 to introduc e Ordinance No . 1576 (2012 series), summarized as follows : This is a City enacted Ordinance amending Title 1 .24 (Administrative Citations) of th e Municipal Code, which clarifies and advances City goals and policies, and provides for a consistent process for issuing administrative citations for code violations . The Council must vote again to approve this ordinance before it can take effect . This action is tentatively scheduled for May 1, 2012, at a regular City Council meeting, which wil l begin at 7 :00 pm in the Council Chambers at City Hall, 990 Palm Street . Copies of the complete ordinance are available in the City Clerk's Office in City Hall . For more information, please call Greg Cruce at 781-7588 . Sheryll Schroeder, Interim City Clerk C4-12