HomeMy WebLinkAbout12-04-2018 Item 11 - Repealing and Replacing Reso No 10894 - Zoning Regulations update for property maintenance standards Department Name: Community Development
Cost Center: 4006
For Agenda of: December 4, 2018
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Cassia Cocina, Code Enforcement Supervisor
SUBJECT: RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 10894
TO REFLECT UPDATED ZONING REGULATION SECTION FOR
PROPERTY MAINTENANCE STANDARDS
RECOMMENDATION
Adopt a Resolution (Attachment A) repealing and replacing Resolution 10894 (Attachment B) to
reflect t he updated Zoning Regulation Section 17.76, for Property Maintenance Standards.
DISCUSSION
Background
On October 19, 2018, the updated Zoning Regulations for the City of San Luis Obispo became
effective. The update renumbered the property maintenance st andards section in the City’s
Municipal Code from Chapter 17.17 to 17.76.
No substantive changes to Council policies are being proposed rather it will correctly state and
replace municipal code references. Resolution 10894, (Attachment B) amending the amount of
administrative fines payable under certain citations, was approved by City Council on May 15,
2018 and became effective July 5, 2018. The resolution referenced the previous property
maintenance standards section of 17.17. This replacement resolution will correctly reference the
change in Municipal Code section numbers and enable collection of fines issued prior to July 5,
2018.
Policy Context
No substantive policy changes are being proposed. The policy context is to correct ly state
municipal code references. The purpose is to have accurate, clear and consistent references to
assist policy makers, public and staff in the administration of code enforcement activities.
Public Engagement
No public engagement occurred as this purpose is to replace outdated references.
Packet Pg. 99
Item 11
CONCURRENCES
Community Development Department continues to coordinate the daily code enforcement
activities with several City Departments to accomplish its work program. Fire, Police, Public
Works, Utilities, Administration concur with the information included in this report. Staff
worked closely with the City Attorney’s Office to develop the previously approved code
enforcement priorities and the recommendations presented in this report.
ENVIRONMENTAL REVIEW
The California Environme ntal Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
There is no fiscal impact associated with this action.
ALTERNATIVES
1. Adopt the resolution to reflect the updated Municipal Code sections of 17.16.
2. Do not adopt the resolution. This is not recommended because Resolution 10894 reflects the
incorrect Municipal Code section reference, which could confuse and complicate collection
efforts.
Attachments:
a - Amended Resolution Updating Zoning Regulation Section for Property Maintenance
Standards
b - Resolution No. 10894 (2018 Series)
Packet Pg. 100
Item 11
R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REPEALING AND REPLACING RESOLUTION
NO. 10894 (2018) TO REFLECT UPDATED ZONING REGULATION
SECTIONS
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, entitles “Administrative Code Enforcement Procedure”, 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 violatio ns; and
WHEREAS, on September 17, 2002, the City Council of the City of San Luis Obispo
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 adopting Administrative Guidelines; and
WHEREAS, on May 15, 2018, the City Council of the City of San Luis Obispo adopted
Resolution No. 10894, updating the City’s Fine Schedule for the City’s administrative fines to be
imposed pursuant to chapter 1.24 of the San Luis Obispo Municipal Code, and adopting
Administrative Guidelines; and
WHEREAS, on October 19, 2018, the City adopted a comprehensive update to the City’s
Zoning Code which, among other things, reformatted the Municipal Code sections for the City’s
property maintenance standards.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Fine Schedule established by the City Council on May 15, 2018 by
Resolution No. 10894, for administrative citations issued pursuant to Chapter 1.24 of the San Luis
Obispo Municipal Code is hereby amended to correct municipal code references as follows:
A. For the first violation of the San Luis Obispo Municipa l Code, Chapter 8, Chapter 15,
Chapter 17, excepting section 17.76, the administrative citation fine shall remain the
same at the current sum of One Hundred Dollars ($100) for each violation.
B. For the second violation of the same Code sections occurring within twelve (12) months
of the prior violations, the administrative fine shall be the sum of Five Hundred Dollars
($500).
Packet Pg. 101
Item 11
Resolution No. _____ (2018 Series) Page 2
R ______
C. For the third violation, or additional violations thereafter, of the same Code sections
occurring within twelve (12) months of the first violation, the administrative fine shall
be the sum of One Thousand Dollars ($1,000.)
SECTION 3. Resolution Number 10894 (2018 Series) is hereby repealed and superseded
to the extent inconsistent herewith.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
Packet Pg. 102
Item 11
RESOLUTION NO. 10894 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE AMOUNT OF
ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN CITATIONS.
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, September 17, 2002, the City Council of the City of San Luis Obispo 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 adopting Administrative Guidelines; ;end
WHEREAS, the City Council desires to increase the fine schedule for certain violations
that pertain to building, health and safety and specific zoning code violations
NOW, THEREFORE, BE IT RESOLVED by the of the Council of the City of San Luis
Obispo as follows:
SECTION 1. Administrative Guidelines for Chapter 1.24 of the city of San Luis Obispo
Municipal code dated updated April 2012, for reference attached hereto as Exhibit A
SECTION 2. 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 the first violation of the San Luis Obispo Municipal Code, Chapter 8, Chapter 15,
Chapter 17, excepting section 17.17, the administrative citation fine shall remain the
same at the current sum of One Hundred Dollars ($100) for each such violation.
B. For the second violation of the same Code sections occurring within twelve (12) months
of the prior violations, the administrative fine shall be the sum of Five Hundred Dollars
500).
Packet Pg. 103
Item 11
Resolution No. 10894 (2018 Series) Page 2
C. For the third violation, or additional violations thereafter, of the same Code sections
occurring within twelve (12) months of the first violation, the administrative fine shall
be the sum of One Thousand Dollars ($1000).
Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`h day of May 2018.
ATTEST:
d'J"' P A--,
Teresa Purrington
City Clerk
APPROVED AS TO FORM;
V Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the CityofSanLuisObispo, California, this 1%t*—
day of
r
Teresa Purrington
City Clerk
Packet Pg. 104
Item 11
Resolution No. 10894
EXHIBIT A Page 3
R 10894
Packet Pg. 105
Item 11
Resolution No. 10894
EXHIBIT A Page 4
R 10894
Packet Pg. 106
Item 11
Resolution No. 10894
EXHIBIT A Page 5
R 10894
Packet Pg. 107
Item 11
Resolution No. 10894
EXHIBIT A Page 6
R 10894
Packet Pg. 108
Item 11