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HomeMy WebLinkAboutR-10970 repealing and replacing Resolution No. 10894 (2018) to reflect updated zoning regulation sectionsRESOLUTION NO. 10970 (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 violations; 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 Municipal 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). R 10970 Resolution No. 10970 (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 ($1,000.) SECTION 3. Resolution Number 10894 (2018 Series) is hereby repealed and superseded to the extent inconsistent herewith. Upon motion of Council Member Christianson, seconded by Vice Mayor Pease, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Stewart, Vice Mayor Pease and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of December 2018. ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereunto set m hand and affixed the official seal of the City of San Luis Obispo, California, this W* day of 2R . Teresa Purrington City Clerk R 10970