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HomeMy WebLinkAbout1999-05-10 City Council (15)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL ATTENTION: POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENTS:PLANNING POLICE 2 DATE:MAY 10, 1999 CMR:236:99 SUBJECT:APPROVAL OF ORDINANCE AMENDING CHAPTER 1.12 AND CHAPTER 1.16 OF TITLE ONE OF THE PALO ALTO MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE CITATIONS, PENALTIES, AND REMEDIES FOR MUNICIPAL CODE VIOLATIONS; AND RESOLUTION SETTING THE ADMINISTRATIVE PENALTY SCHEDULE REPORT IN BRIEF In 1997, Council approved an ordinance that added Chapters 1.12 and 1.16 to the Palo Alto Municipal Code (PAMC), establishing an administrative penalties procedures in connection with changes to Chapter 5.20 for the removal of solid waste and recyclable materials. Since that time, representatives from the Planning, Fire, Police, Administrative Services Departments and the City Attorney’s Office have been developing the organizational infrastructure needed to implement the ordinance and investigating the potential of using similar procedures for the enforcement of many other PAMC violations. Based upon that work, staff has proposed ordinance changes and developed procedures that would include the issuance of administrative citations and compliance orders and the assessment of administrative penalties for PAMC violations that are not resolved. Staff believes that this enforcement process will be more efficient and effective in the corrections of PAMC violations. CMR:236:99 Page 1 of 6 RECOMMENDATION Staff recommends that the City Council approve: 1)the attached amendments to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code (PAMC) providing for administrative citations, penalties and remedies for violations of City ordinances, and 2) the attached resolution adopting a schedule of administrative penalties. BACKGROUND In 1993, the Council adopted an amendment to Chapter 10.60 of the PAMC that provided for administrative penalties and review for parking citations that were issued by the City. This change was prompted by State legislation that decriminalized the parking citation process and established civil penalties and review for parking violations. Additionally, in 1997, Council adopted an ordinance that added Chapter 1.12 and 1.16 to the PAMC. These chapters established administrative penalty procedures for all City ordinance violations, although they were adopted in connection with revisions to the ordinances regulating the collection, removal, and disposal of solid waste and recyclable materials. For the past year, representatives from the Fire, Planning, Police and Administrative Services Departments and the City Attomey’s Office have been investigating altemative methods for enforcement of other PAMC violations and developing an implementation plan. Currently, code enforcement procedures include the identification of a code violation and notification of the responsible party. Violations range from illegally placed signs to improper storage of hazardous materials. Approximately 80 to 90 percent of the most common violations are resolved after the initial notice has been received by the violator. If compliance does not take place, a second, and in some cases, up to five notices are sent to the violator. If compliance is still not achieved, the department refers the case to the City Attorney’s Office for legal action. The City Attorney’s Office will normally send one more notice prior to initiating legal action. Legal action may involve civil or criminal sanctions, depending upon the magnitude and type of violation. This process is time consuming, labor intensive, and costly. DISCUSSION CMR:236:99 Page 2 of 6 Proposed Process Staff proposes to change the current process to one that involves the use of administrative citations, compliance orders and penalties, which is the approach which appears to be most successful in other cities. Once a violation has been identified, a written notice would be sent or delivered to the responsible party. The notice would include a specific penalty that may be assessed if the violation is not corrected in the specified period of time. If the violation is not corrected, depending upon the type of violation, either an administrative citation or a compliance order would be issued. A citation (Attachment A) would be utilized for violations that are relatively easy to correct, such as the removal of illegal signs, fences, or inoperable vehicles. If compliance is not met after the first citation, a second citation would be issued and for continuing violators another citation could be issued each day thereafter until corrected. Each citation issued for the same violation within a three-year period would result in a 50 percent increase of the fine. A compliance order (Attachment B) would be used for more complicated cases that may require multiple compliance dates. These cases include such violations as unauthorized use and occupancy, unpermitted construction or storage of hazardous materials, and substandard housing. The compliance order would specify a time line for submittals for permit approvals, the beginning date for construction, etc. If compliance is not achieved, penalties would be assessed against the violator. Violators who receive an administrative citation would have the opportunity to appeal the action in writing or in person to the City’s Hearing Officer if they desired. The violator would be required to post the full amount of the administrative fine at the time he or she requests a heating. Provisions are included for the issuance of hardship waivers in those circumstances where the violator is financially unable to pay. the penalty prior to the hearing. If the Hearing Officer determines that the citation should not be sustained, the penalty that was deposited before the hearing would be refunded. (See Attachment D for detailed procedures.) Individuals who receive a compliance order but fail to comply with it will be ordered to attend a heating before the City’s Heating Officer. Because of the complexities associated with the types of violations that would result in compliance orders, the Hearing Officer would be given the latitude to adjust penalties, establish additional time frames, and to require the payment of administrative costs to cover the staff time needed to resolve the situation. Failure to pay the assessed penalties and/or administrative costs would result in the violator being turned over to a collection agency or the issuance of a lien against the person’s CMR:236:99 Page 3 of 6 property if the violation was connected to property. Similar to the parking citation process, those individuals who are not satisfied with the decision of the City’s Hearing Officer, may request a review of the decision by the Municipal Court. Phased Implementation Approach The PAMC provides authority to several departments, including Police, Planning, Fire, Utilities, and Public Works, for enforcement of code violations. As staff developed the penalties program, it was evident that, because of administrative effort that would be required to initiate and sustain such a program, a phased implementation approach should be used. The Fire Department and the Inspection Services Division of the Planning Department volunteered to initiate implementation for a period of approximately six months. The phased approach will provide staff with the information needed to determine the resource needs for full implementation of the program. In addition, it provides staff with the opportunity to review the effectiveness and efficiency of the procedures, and to make any adjustments that may be needed prior to expanding the program to the remaining departments. Heating Officer Currently, a City Parking Adjudicator handles the appeals for individuals who wish to contest their parking citation. The Parking Adjudicator is a budgeted, half-time position in the Police Department’s Traffic Division. (Also included in the Police Department’s budget are temporary salary dollars that cover a temporary, half-time Office Specialist to handle the associated clerical duties for the Adjudicator.) The current Adjudicator has been with the City since the inception of the parking citation program. Staff proposes using the current Parking Adjudicator as the City’s Hearing Officer by extending his hours for the initial six- months. (The temporary Office Specialist’s hours will also be extended.) The Adjudicator is familiar with City procedures and services, and has a substantial legal background. Staff does not know how many appeals would result from this new process or the amount of time needed by the Hearing Officer to handle the appeals. After a review of the first phase, and if the results of the review warrant it, staff will return to Council with a request to permanently increase the Hearing Officer’s position to full time and to provide for more permanent staffing for clerical duties. It should be noted that at that time, the City Manager would determine the most appropriate department in which to permanently assign the Heating Officer. CMR:236:99 Page 4 of 6 RESOURCE IMPACT Funds for this program are included in the City Manager’s proposed 1999-01 budget. The Police Department’s proposed 1999-2001 budget includes $23,800 in both years to cover additional costs for the Hearing Officer and Office Specialist. This amount is estimated to cover six months of the year. The City Attorney’s Office Proposed 1999-2001 Budget includes $55,000 for a one-half time contract attorney to implement administrative penalties and advise enforcement personnel. This is an essential component of this program. This funding is meant to be a "stop-gap" measure until FY 2000-2001 when office space is available to support an additional 0.5 FTE Senior Assistant City Attorney for code enforcement services. For the last two fiscal years, the City Attorney’s Office has funded code enforcement activities above the budgeted 0.1 FTE by diverting outside counsel funding to contract staff. This step was taken in order to assess the feasibility of a code enforcement program implemented via administrative penalties and court actions. While this independently-initiated program has. been successful, and essential to developing the administrative penalties ordinance and implementation proposal, this funding source is no longer available due to increased operating department support needs. Staff will return to Council to request any additional funding needs for full implementation of this program after completing a review of the first phase. The proposed penalty amounts were developed to ensure that it would be financially more viable to obtain the appropriate permits and to comply than to be assessed penalties. Additionally, the current bail schedule and information received from San Jose’s process were considered in the determination of penalty amounts. The more hazardous the violation, the higher the penalty assessment. Additionally, staff used the experience of other cities like San Jose in setting the penalty amounts. While some revenue would be generated by the assessment of penalties, until staff has some experience with the new procedures it is difficult to determine the amount of projected revenue. It is important to note that the primary goal of this new process is to bring violators into compliance and not to generate new revenue. POLICY IMPLICATIONS A change to this process decriminalizes the procedure for ensuring compliance with PAMC violations and uses administrative remedies. CMR:236:99 Page 5 of 6 ENVIRONMENTAL REVIEW This is not a project subject to California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A- Copy of Proposed Citation Attachment B- Copy of Compliance Order Attachment C- Administrative Penalties Procedures Ordinance Resolution PREPARED BY:Lynne Johnson, Assistant Police Chief Fred Herman, Chief Building Official REVIEWED BY:Patrick Dwyer, Chief of Police Ed Gawf, Director, Planning and Community Environment Ruben Grijalva, Fire Chief Carl Yeats,. Ad .~at~rector. ¯ REPORT COORDINATOR: LYN/NE JOHNSON, Assistant Police Chief CITY MANAGER APPROVAL: HARR!SON, Assistant City Manager CMR:236:99 Page 6 of 6 City of Palo Alto ADMINISTRATIVE CITATION NO. Issuing Agency : Case No. Issuance Date: Violation Address: Compliance Date: Name : Parcel Number: Inspection Date: Issued to: Method of Service: Personal _ Certified Mail _ Posted_ AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS IDENTWIED THE FOLLOWING VIOLATION(S): VIOLATION CODE & SECTION PENALTY THE TOTAL PENALTY IS NOW DUE AND PAYMENT IS REQUIRED BY (DATE).~ PAYMENT IS TO BE MADE TO THE REVENUE COLLECTION DIVISION CITY OF PALO ALTO 250 HAMILTON AVE. PO BOX 10250 PALO ALTO, CA 94303 Appeal of this citation may be made by filling out a request for hearing. Contact the citing authority for an application A reinspection will be conducted on to verify compliance. Additional citations may be issued for each day the violation exists. Issuing Officer:Title: Signature:Phone:(650) NOTE: PERMITS FROM THE INSPECTION SERVICES DIVISION MAY BE REQUIRED FOR STRUCTURAL, PLUMBING, MECHANICAL AND ELECTRICAL WORK. WORK PERFORMED WITHOUT REQUIRED PERMIT(S) IS A VIOLATION OF THE PALO ALTO MUNICIPAL CODE AND WILL NOT QUALIFY AS COMPLIANCE. (650~ DATE OF NOTICE CODE ENFORCEMENT OFFICER PHONE NUMBER SIGNATURE City of Palo Alto COMPLIANCE ORDER File No. Permit No. Violation Address: Inspection Date: Compliance Date/Time: Owner: Mailing Address: Occupant (if different) AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS IDENTIFIED THE FOLLOWING VIOLATION(S) OF THE PALO ALTO MUNICIPAL CODE: CODE SECTION VIOLATION AND CORRECTIONS REQUIRED COMPLIANCE DATE NOTE: PERMITS FROM THE INSPECTION SERVICES DIVISION MAY BE REQUIRED FOR STRUCTURAL, PLUMBING, MECHANICAL AND ELECTRICAL WORK. WORK PERFORMED WITHOUT REQUIRED PERMIT(S) IS A VIOLATION OF THE PALO ALTO MUNICIPAL CODE AND WILL NOT QUALIFY AS COMPLIANCE. (650) DATE OF NOTICE CODE ENFORCEMENT OFFICER PHONE NUMBER SIGNATURE WARNING FAILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS ORDER, BEFORE THE COMPLIANCE DATE ABOVE, MAY RESULT IN ADMINISTRATIVE PENALTIES UP TO $ PER DAY FOR EACH VIOLATION UNTIL COMPLIANCE IS ACHIEVED. THIS ACTION IS IN ADDITION TO ALL OTHER LEGAL REMEDIES, CRIMINAL OR CIVIL, WHICH MAY BE PURSUED BY THE CITY IN RESPONSE TO ANY VIOLATION. IN ADDITION, A HEARING WILL BE SCHEDULED AND YOU MAY BE RESPONSIBLE FOR ALL ADMINISTRATIVE COSTS ASSOCIATED WITH THIS ENFORCEMENT ACTION. ATTACHHENT C ADMINISTRATIVE CITATION HEARING PROCEDURES A recipient of an Administrative Citation may contest the citation by way of an Administrative Hearing or Administrative Mail-in Review. An Administrative Heating involves a personal appearance before a Hearing Officer to present evidence and oral test!mony. An Administrative Mail-in Review involves the submission of evidence and written testimony to a Hearing Officer, by mail. Commencing the Administrative Hearing Process. To obtain an Administrative Hearing date, a contesting party is required to submit a timely Request for Administrative Hearing form, with attachments, to the City of Palo Alto, at its designated place. The form shall contain the following information relating to the contesting party’s witnesses and evidence: 1.A detailed statement setting forth the grounds upon which: the violation is disputed, and/or the penalty amount is disputed, and/or a late payment charge is disputed, and/or an installment schedule may be justified for the payment of penalties, late payment charges and costs. For each witness, if any, who will be personally appearing at the Hearing, a summary of the witness’s anticipated testiniony. For each witness, if any, who will not be personally appearing at the Hearing, a copy of the witness’s written statement. Copies of all other evidence, if any, that will be submitted at the Hearing, such as reports, photographs or other documents. Within fifteen days after the receipt of a Request for Administrative Hearing form, the City shall mail a Notice of Hearing to the contesting party setting forth the day, time and location of the Hearing. Accompanying the Notice of Hearing, or in any event, not later than fifteen days before the Hearing date, the City shall mail to the contesting party the following supplemental documents relating to the City’s witnesses and evidence! copies of witness statements and other evidence fulfilling the requirements set out in Sections I.A.2., I.A.3. and I.A.4., above. II. Co Do a Cost Memorandum, setting out the administrative costs sought by the City from the contesting party for the time and expense incurred by the City to prepare and present its case. A contesting party may respond to the City’s s.upplemental documents by presenting rebuttal evidence at the Hearing. Any Administrative Hearing evidence not submitted in accordance with the requirements of Sections I.A. and I._B., above, may be excluded from consideration by the Hearing Officer. Commencing the Administrative Mail-in Review Process. To request an Administrative Mail-in Review, a contesting party is required to submit a timely Request for Administrative Mail-in Review form, with attachments, to the City of Pal, Alto, at its designated place. The form shall contain the following information relating to the contesting party’s witnesses and evidence: 1.A detailed statement setting forth the grounds upon which: the violation is disputed, and/or the penalty amount is disputed, and/or a late payment charge is disputed, and/or an installment schedule may be justified for the payment of penalties, late payment charges and costs. 2.Copies of written witness statements, if any. 3.Copies of supporting reports, photographs, or other documents, if any. Within fifteen days after the receipt of a Request for Mail-in Review form, the City shall submit to the Hearing Officer and shall mail to the contesting party the following supplemental documents relating to the City’s witnesses and evidence: copies of reports, witness statements and other evidence upon which the City is basing its citation. a Cost Memorandum, setting out the administrative costs sought by the City from the contesting party for the time and expense incurred by the City to prepare and present its case. III. Co i ights Within fifteen days after the date of the City’s mailing of supplemental documents, the contesting party shall have the right to mail to the Hearing Officer, ¯ rebuttal evidence or rebuttal argument contesting the violation, the penalty amounts, late payment charges or the cost memorandum, or justifying an installment schedule for the payment of penalties and costs. Any Administrative Mail-in Review evidence’ not submitted in accordance with the requirements of Sections II.A., II.B. and IIC., above, may be excluded from consideration by the Heating Officer. and Responsibilities Related to Administrative Hearings ~md Mail-in Reviews. A contesting party and the City of Palo Alto are entitled to a Hearing or Review conducted by a neutral Hearing Officer. The Hearing Officer’s tenure or compensation shall not in any way be affected by any code enforcement decision rendered by the Hearing Officer. The Hearing Officer shall be disqualified from conducting a Hearing or Review if the Hearing Officer: Is related by blood or law to a contesting party or any witness in the matter. Has ever had a social, or financial relationship with a contesting party or any witness in the matter. Would in any way be appreciably affected, personally or financially by the outcome of the matter. The Hearing Officer shall not be bound by the formal rules of evidence as set out in the California Evidence Code, however, such rules shall serve as a guideline when appropriate. All relevant and material evidence shall be admissible unless ’ the probative value of such evidence is substantially outweighed by the cost or time to be expended in presenting such evidence. A contesting party may be represented by legal counsel. There shall be no pre-Administrative Hearing discovery rights except as set out in Sections I.A. and I. B. above, and there shall be no pre-Administrative Mail-in Review discovery rights except as set out in Sections II.A. and II.B, above. The citation and any additional reports submitted by the City shall constitute presumptive evidence of the facts asserted in such documents. If the citation fails to allege all the elements of a violation or otherwise ,fails to provide adequate notice of a violation, it shall be dismissed by the Hearing Officer. 3 Rights The City shall have the burden of proof to establish that the referenced code section has been violated, that the cited party was respofisible for the violation, that the penalty sought is reasonable, that a late payment charge was incurred, and that the administrative costs sought are reasonable. The standard of proof shall be by a preponderance of the evidence. A contesting party shall have the right to establish that the payment of administrative penalties, late payment charges and/or an administrative costs would create an extraordinary hards_hip on the party. The party shall have the burden of establishing the existence of such hardship by a preponderance of the . evidence. The Hearing Officer shall consider the existence of such hardship in determining a schedule for the contesting party’s payment of administrative penalties, late payment charges and/or an administrative costs. Oral witness testimony presented at an Administrative Hearing shall be taken under oath. Written witness statements shall be made under penalty of perjury. A witness statement shall contain the following language at the end of the statement, followed by the witness’s signature and date: "I declare under penalty of perjury under the laws of the State of California that the foregoing is tree and correct." The Hearing Officer may exclude the testimony of a witness not given under oath or not submitted under penalty of perjury. The Hearing Officer shall assign an exhibit number to each item of physical evidence submitted and shall retain such evidence as part of the record. The Hearing Officer shall issue a written Notice of Decision within thirty days after the conclusion of a Hearing, or in the ease of a Mail-in Review, within thirty days after the receipt of supplemental or rebuttal documents. The Decision shall be based solely only upon testimony and evidence presented at the Hearing or submitted for a Mail-in Review. The Decision shall contain findings of facts and all issues adjudicated by the Heating Officer shall be supported by such findings of facts. The Decision shall contain a date or a schedule for the payment of such administrative penalties, late payment charges, and administrative costs, as may have been imposed by the Hearing Officer. and Responsibilities Related to Administrative Hearings only. The Hearing shall be conducted informally. However, it shall be conducted with the professionalism expected in a court of law. 4 Upon the timely receipt of a request for a continuance of an Administrative Hearing date, the Hearing Officer shall grant a continuance of the date. In the absence of exigent circumstances, the Hearing Officer shall not grant more than one continuance in a case. In the absence of exigent circumstances, the Hearing Officer shall not grant a continuance upon a request received at the Hearing Office within twenty-four hours of a scheduled Hearing date and time. The Hearing Office shall not grant a continuance in excess of ninety days. A contesting party is responsible for the re-service of subpoenas, if necessitated by a change of Hearing date. A contesting party and the City of Palo Alto may present any combination of oral witness testimony, written witness statements or other physical evidence. A contesting party and the City shall have the right to cross examine witnesses who appear at the Hearing. The Hearing Officer shall not assume the role of counsel or advocate for a contesting party or for the City,but shall have the right to question witnesses. Fo The Hearing Officer shall make all reasonable accommodations necessary to allow a disabled contesting party the opportunity to present a case or to allow a disabled witness to testify. Go In the absence of a subpoena, no City employee or any other witness shall be required to appear at a Hearing. A contesting party may appear at a Hearing personally or through counsel. The failure of a contesting party to appear at a Hearing, personally or through counsel, shall constitute: An admission by thb contesting party that all the allegations contained in the citation are true and correct. An admission by the contesting party that the administrative penalty sought in the citation is reasonable. o An admission by the contesting party that a late payment charge, as may have been established by City ordinance, may be imposed. An admission by the contesting party that the costs sought by the City, as set out in its Costs Memorandum, are reasonable. A contesting party who has requested an Administrative Heating may apply to the Hearing Officer for the issuance of a subpoena directing a witness to appear at a Hearing or directing a custodian of a document to present such document at a Hearing. To subpoena a witness to a Hearing, a contesting party is required to submit to the Hearing Officer a copy 0fthe citation and a completed Application for Subpoena (Witness) form containing the following information: ao Full name of witness. Witness’s department (if witness is a City employee). Date of Hearing. Summary of witness’s anticipated testimony. To subpoena a document to a Hearing, a contesting party is required to submit to the Hearing Officer a copy of the citation and a completed Application for Subpoena (DocumenO form containing the following information: A detailed description of the document. Full name of the custodian of the document. Date of Hearing. Statement explaining the need for the document. In the absence of exigent circumstances, the Hearing Officer shall not consider an Application for Subpoena that is submitted within five working days of a Hearing date. A timely and fully completed Application shall be granted if the statement in support of the Application establishes that the requested witness or document will materially assist the contesting party and that the request is not excessively burdensome. A contesting party is responsible for the timely service of all subpoenas, according to law. 6 CODE ENFORCEMENT ADMINISTRATIVE PENALTIES PROCEDURES These procedures are to be followed by Code Enforcement Officers (CEO) in the event an Administrative Citation or a Compliance Order may be issued. Proper and complete documentation is required on all code enforcement cases. A. Complaint Receipt The individual taking the complaint or the individual who observes the violation is to complete the standard complaint form (Attachment A) or inspection form (Attachment A1, A2). Anonymous complaints or service requests (Attachment A3) are only taken on alleged violations that may constitute a hazard or other dangerous or unsanitary condition. The staff person must be sure the complaint is a violation that is enforced by their division. If it relates to another division or department, the individual should be referred to the proper department. B. Verify the Complaint A field inspection is usually necessary to verify the complaint. In order to be valid, the objection must be a violation of the Palo Alto Municipal Code (PAMC). C. Determine Corrective Action The CEO has a great deal of discretion in determining which enforcement tool to use. However, consistency in enforcement practice is highly recommended. Minor infractions that the home owner or business occupant is probably unaware may be handled with a simple notice form (Attachment B) or written on the inspection form. This will be effective on most minor violations, such as plant and shrub encroachments on public sidewalks. Follow up will be required to verify compliance. More substantial violations or repeat offenders will require a more formal process that may include the issuance of an administrative citation or a compliance order. D. Written Notice An administrative citation is to be issued only after the violator has been notified in writing. An inspection form presented to the individual responsible for the violation may suffice or a letter should be delivered in person or by certified, return receipt requested, mail. The letter or inspection form should include a warning that if compliance is not achieved by the date specified that an administrative citation will be issued. The letter or inspection form will also specify the amount of the potential penalty according to the schedule of fines and that administrative costs may be recovered. E. Administrative Citation The CEO may discuss the specific violation with their supervisor prior to or after confirmation of non-compliance. If the decision is made to issue the citation, upon confirmation of non-compliance, the CEO will complete the citation form (Attachment C). The citation may be delivered in person, by certified mail, return receipt requested, or as a last resort by posting. (See PAMC 1.12.030(d) for notice procedure.) A copy of the citation should be delivered to the Revenue Collections Office at the Civic Center. The Revenue Collections .Office will notify the citing department regarding administrative citation payments. The notification will be delivered via E-mail, the same day payment is received. If payment is not received by the date specified on the administrative citation, the CEO will request the Accounting Division to invoice the responsible party. Within 7 days of receiving the request from the CEO, the Accounting Division will issue an invoice for the fine amount, plus a 10 percent penalty. The invoice will state that payment is due within 14 calendar days of the invoice date and that unpaid invoices as of the first of the month following the 14-day period will accrue an additional 10 percent penalty. If payment is not received by the first of the month following the 14-day period, the Accounting Division will issue a new invoice for an additional 10 percent penalty on the original fine amount. The Accounting Division will also issue a statement showing the original citation amount, each accrued penalty, and the total amount due. The new invoice and statement will indicate that the payment is due immediately and that unpaid invoices as of the first day of the following month will accrue an additional 10 percent penalty. Thereafter, an additional 10 percent penalty on the original fine amount will be due on the first day of each month that the citation remains outstanding. A second citation may be issued for the same violation if corrective action is not taken after consulting with a supervisor. The penalty increases by 50% for this second citation and doubles for the third citation within a three year period. F. Appeals The recipient of the citation may appeal the citation by completing a Request for Hearing form (Attachment D) and posting the full amount of the administrative citation fine within thirty days from the date of citation. (In certain hardship cage~, the City may waive the posting of the administrative citation fine when scheduling an appeal hearing. City approval of a Hardship Waiver is not an indication that the citation will be waived). The Request for Hearing form must be submitted to the Revenue Collections Office, who will be responsible for scheduling the appeal hearing. Appeals will be conducted by the City’s Hearing Officer. G. Compliance Order In situations where compliance is not achieved by means of a citation or for more complicated cases a Compliance Order (Attachment E) may be issued. The Compliance Order will result in a heating before the Heating Officer if compliance is not achieved in the allotted time frame. The Compliance Order process should be used in all cases where various time frames are specified. For example, submit plans for building permit within thirty days, commence construction within sixty days and complete all work within 45 days, etc. The Compliance Order can be amended to alter the schedule for valid reasons. Valid reasons could be a delay in the permit process at no fault of the applicant. It is not necessary to submit a copy of the Compliance Order to Revenue Collections. The amount of penalty will not be established until the heating process is complete and the hearing officer has set the penalties and administrative costs to be recovered. ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 1.12 OF TITLE 1 [GENERAL PROVISIONS] OF THE PALO ALTO MUNICIPAL CODE PROVIDING FOR ADMINISTRATIVE CITATIONS AND PENALTIES AND AMENDING CHAPTER 1.16 OF TITLE 1 [GENERAL PROVISIONS] OF THE PALO ALTO MUNICIPAL CODE PROVIDING FOR ADMINISTRATIVE REMEDIES FOR CONTINUING VIOLATIONS The Council of the City of Palo Alto does ORDAIN as follows: SECTION i. Legislative Findings. (i) The Council finds and determines that the public interest requires the availability of administrative methods for enforcement of the requirements of this code as an alternative to either criminal or civil proceedings within the court system. Administrative citations and administrative compliance hearing processes afford relatively informal, inexpensive, expeditious, and appropriate procedures for dispute resolution involving matters of local concern. (2) The Council further finds and determines that the public interest requires the capacity to impose administrative penalties, authorized under California Government Code section 53069.4 as an alternative to criminal penalties or civil abatement remedies. Administrative penalties are necessary and appropriate sanctions for conduct violative of city laws needed to protect the health, safety, and general welfare, and they may be effective in inducing compliance without invoking the more formal, expensive, and time consumptive processes of the court system. SECTION 2. Chapter 1.12 of Title 1 of the Palo Alt6 Municipal Code is amended in its entirety to read as follows: CHAPTER 1.12 ADMINISTRATIVE PENALTIES -- CITATIONS 1.12.010 Seup= Applicability. (a) This chapter provides for administrative wh±ul~ ~L~u±~ i~L~y be puxsuedcitations which are in li~u o£ ~yaddition to all .other le~=l u~i~Li~i u~ civilT legal remedies and which are an alternative to any criminal legal remedies which may be pursued bY the city to address any violation of Title 4, Title 5, Title 6, Title 8, Title 9, Title 12, Title 15, Title 16, Title 17, Title 18, or Title 22 of this code or to any regulations adopted under the authority of this code. 990430 syn 0043699 (b) Use of the remedies and procedures of this chapter shall at the sole discretion of the code enforcement officers and enforcement officials authorized to proceed under this chapter, and the availability of the remedies and procedures of this chapter shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings. 1.12.020 Code enforcement officer -- Defined. For the purposes of this chapter,-~code enforcemen[ officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this code to which this chapter is applicable. 1.12.025 Enforcement Official -- Defined. For the purposes of this chapter, ~Enforcement Official"principal supervisor of a department or a division of a department)--to which a code enforcement .officer empowered .to issue administrative citations under this chapter is assigned. 990430 syn 0043699 (e)Au~Ui±IJbIUil ................O/- uii~ ~u[[~iili.~ti~Live cit~tioii ±~vi~w ~UttLilii~Ui~biV~ uitmtioii .................tu ubL~in citaLiosi. (f)The .~.t~ ~.d aig-~tuz~ of tli~ citi~ enfox’c~m~it offici~l. 1.12.050 Px~c~uux~ for s~xvi~ ~um~x~ux~c~v~ ult~tiu~i or ~ilzuxU~[ti~iib uzalCz~i may’ zSSu~ an administrative illul v luu~lm ~lid issu~ tu’ that ilidi v idual a. ~uthux’i~d by the cuxpozatiull to xec~iv~ ~exvlu~ of pxuuess ili a tho#= i~dlvldu~i~ bz c=~’tlfled m=il, p~tag~ to imu~t~ themu~ili~m~’ ’ + Ow~i~ and issue Uii~ UU~lil~, Uli~ ~UlLliiil~Ll~Live clt~tlu, may be the .t=~Z u~ u~ busi~i~. X£ tli~ mddi~m~ mE the bu~iliess im klio~li, a cupy of tli~ =dmllii~tzativ~ ultatloli ~i~o shall be .[~ii~d tu that =dd~ toui~ .... ~tt~i~tion of themu~~ ~" " ..... The m~ili~ shall be s~,it by c~’ti’fied mail, pu~t=ge ............ (c)I£ the ,~’espu~islble pe~soii i~ ~ ±,~u±v±uu~±, u~ 990430 synO043699 1.12.060 E£Z~etlv~ d~L~ u£ ~=vle~. A/iy i~ut±o~ 0~’ decision Cii~~ 1.16 "to be served 1.12.030 Administrative citation. (a) Whenever a code enforcement officer enforcement of any provision of this code to which this chapter is applicable determines that a violation of such code provision has occurred, 990430 syn 0043699 the code enforcement officer shall have. the authority to issue an administrative citation to any person responsible the violation. (b) Each administrative citation shall contain the following information: (I) The date of the violation; (2) The address or a definite description of the location where the violation occurred; (3) The section or sections of this code Violated and an abbreviated description of the acts or omissions constituting the violation; violation; The amount of~ the penalty for the code (5) A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid; (6) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and, (7) The name and signature of the citing code enforcement officer. (c) Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the code enforcement officer shall provide a reasonable period of time not less than five business days to correct or otherwise remedy the violation. (d) An administrative citation may be served by personal delivery on any person determined to be responsible for the violation if the responsible person can be located. If the code enforcement officer cannot readily locate a responsible party for personal delivery of an administrative citation, then the citation may be served by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably calculated to give notice to the responsible party of the administrative citation. All notices required by this chapter to be served subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery is attempted. If the certified mail receipt is.returned unsigned, then service may instead be effected by regular first class mail, 990430 syn 0043699 5 postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective on the date three days following deposit in the mail. Where a violation of code provisions concerning the condition of real property is involved, an administrative citation or subsequent written notices authorized by this chapter may be served by certified mail at the address as shown on the last equalized county assessment roll. Where a violation of code provisions concerning the condition of real property is involved and personal delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the order at a conspicuous location on the property which is the subject of the order. Where service of any notice required under this chapter is effected in compliance with the requirements of this section and with due process the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter. 1.12.040 Amount of administrative penalties. (a) The amounts of administrative penalties for code violations imposed pursuant to this chapter shall be set forth in the schedule~of administrative penalties established by resolutioh of the city council. (b) The schedule ofadministrative penalties shall specify any increased penalties for repeat violations of the same code provision by the same person within’thirty-six months from the date of an administrative citation. (c) The schedule of administrative penalties shall specify the amount of any late payment charges imposed for the payment of an administrative penalty after its due date. 1.12.050 Payment of administrative penalties. 990430 syn 0043699 6 (a) The administrative penalty for an administrative citation shall be paid to the city through its revenue collections official within thirty calendar days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.12.060, the administrative penalty shall be deposited with the revenue collections-official or a notice shall be filed with the revenue collection Official that an advance deposit hardship waiver has been requested as required in Section 1.12.070. (b) Any administrative citation penalty shall be refunded in accordance with Section 1.12.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation by the person charged in the administrative citation. (c) Payment of an administrative penalty under this chapter shall not bar enforcement proceedings for any continuation or repeated occurrence of any code violation that is the subject of an administrative citation. i ....................................ty ti,= dat~ ~£ sezvic~of tl,=~dLL,i,iist-’ative uitatio~ by (I) " ............. .......................... ii ............ cu .... by certified ,",,~iI, z’eLuz~, zec~ipt, at least five d~ys i i~ 1.12.060 Hearingrequest. (a) Any recipient of an administrative~ citationmay contest that there was a violation of the code or that the contestant is responsible for the violation by completing a request for hearing form and returning it to the revenue collection official within thirty calendar days from the date of service of the administrative citation, together with an advance deposit of the administrative penalty or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.12.070. (b) A request for hearing form may be obtained from the revenue collection official. 990430 syn 0043699 7 (c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. (d) If the code enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. 1.12.070 Advance deposit hardship waiver. (a) Any person who intends to request a hearing tocontest an administrative citation and who claims to be financially unabl@ to make the advance deposit of the fine as required in Section 1.12.060 may file a request for an advance deposit hardship waiver. (b) The request shall be filed with the director of administrative services within thirty days following the date of service of the administrative citation. (c) The requirement of depositing the full amount of the administrative penalty shall be stayed unless or until the director of administrative services makes a determination not to issue the advance deposit hardship waiver. (d) The director of administrative services may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the director of administrative services a sworn declaration, together with any supporting evidence demonstrating to the satisfaction of the director of administrative services the person’s actual financial inability to deposit the full amount of the fine in advance of the hearing. 990430 syn 0043699 8 (e) If the director of administrative services determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of the date of that decision in order to secure the hearing. (f) The director of administrative Services shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the director of administrative services shall be final, subject only to judicial review as provided by law. (g) The written determination of the director of administrative services shall be served upon the person who applied for the advance deposit hardship waiver. 1.12.130 Appoi,,tm~iit of =dmi~11mt£=tiv~ 1,~=x±~W’ " "’ ’ offi~ rr. .. . =dminisL~=Liv= h==zin~ uffluez’ may b=, ~iLho~t ~Z~ ~LLL~Z~ ~ ~ V ~ ~.12.080 ~earing officer. The Enforcement Official shall designate a hearing officer for the administrative citation hearing. The hearing officer may be the Enforcement Official or any designee, includins but not limited to subordinate employees or persons retained for that purpose, but shall not be the citing code enforcement officer. i 12±eu ~xuu=uu±=~ =t ................... ................... i 9 ..........................f id ~ ~ ’do ..............p Ly ............... cud=Th~~ ’ ’.=uut~cit=ti~n, compli=~e= ox’de~’, =s~d Uu~tltut=p~ima~=~x= ....ev~u~s~, ufc~s~ ...........................~c~ ~u~c=~,=u i~i thus= duuum=~t~Th=~ ’"’ ........ 990430 syn 0043699 9 1.12.090 Hearing procedures. (a) No hearing to contest an administrative citation before a hearing officer shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.12.060 or an advance deposit hardship waiver has been issued in accordance with Section 1.12.070. (b) A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party contesting the administrative citation may request one continuance for any reason, provided that the hearing officer is given the request for continuance at least twenty four hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety days after the request for hearing was made. A request for continuance made less than twenty four hours before the scheduled hearing may be granted by the hearing officer based upon exigency only. (c)At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the administrative citation. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may. conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing. (d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review. 990430 syn 0043699 10 (e) The administrative citation and any additional report submitted by the code enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents. (f) The hearing officer may continue the hearing and request additional information from the code enforcement officer or the recipient of the administrative citation prior to issuing a written decision. 1.12.100 Hearing officer’s decision. (a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and the reasons for that decision. The decision of the hearing officer shall be issued within thirty days following completion of the hearing. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review as allowed by law. (b) The hearing officer shall consider any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the violation and compliance with the order. (c) Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue a decision regarding: (i) (2) The existence of the violation; The extent of compliance with the order. 990430 syn 0043699 11 (d) The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. (e) If the hearing officer determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, then so much of the amount of the administrative penalty on deposit with the city as is assessed by the hearing officer shall become final (subject only to appellate remedies provided below) and shall become a debt to the city collectable through the processes provided herein. (f)If the hearing officer determines that the administrative citation should be upheld and the administrative penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the administrative penalty as well as for payment of any administrative costs assessedby the hearing officer. (g)If the hearing officer determines that the administrative citation should not be sustained, then the hearing officer shall issue a decision cancelling the administrative citation, and if the administrative penalty was deposited with the city, then the city shall promptly refund the amount of the deposited administrative penalty, together with interest at the average rate earned on the city’s portfolio for the period of time that the administrative penalty was held by the city. (h) The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision within ten calendar days following its issuance. (i) The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer. 1.12.130 Administrative penalties. 990430 syn 0043699 12 (a) The hearing officer may impose administrative penalties in an amount not to exceed the maximum provided in the schedule of administrative penalties adopted by Council resolution in effect on the date when the violation occurred. (b) In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration: (I) The duration of the violation; (2) The frequency, recurrence, and number of violations, related or unrelated, by the same violator; (3)The seriousness of the violation; (4) into compliance; The good faith efforts of the violator to come community; (5)The economic impact of the violation on the (6) Such other factors as justice may require. (c) Late payment charges shall accrue and be payable in the amount and by the terms specified in the. schedule of administrative penalties. (d) Administrative penalties sustained by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with section 1.12.180. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of thi~ code punishable as a misdemeanor. 1.12.140 Administrative costs. (a) The hearing officer may assess administrative costs against the violator when the hearing officer determines that a violation has occurred and that compliance was not achieved. (b) Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings ~for the violation as well as any and all costs incurred by the city in connection with the hearing before the hearing officer, including but not limited to costs of the code enforcement officer incurred in preparation for the hearing and for participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing officer’s decision on or before the date specified in that decision shall constitute a violation of this 990430 syn 0043699 13 code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein. costs. 1.12.150 Failure to pay administrative penalties and Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing officer’s decision may be enforced as: (i) A personal obligation of the violator; and/or, (2) If the violation is in connection with real property, a lien upon the real property in accordance with section 1.12.180, which shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full; and/or, (3) A criminal misdemeanor. 1.12.160, Judicial review. Any person subject to a decision of the hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code section 53069.4. The administrative order shall provide notice of this right of judicial review and the time allowed therefor by law. 1.12.170 Collection of administrative civil penalties. 990430 syn 0043699 14 The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to the provisions of this chapter. 1.12.180 Lien procedure. (a) Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety days after the administrative penalty and/or administrative cost imposition becomes final, unless tolled by a timely request for judicial review pursuant to California Government Code section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property. (b) The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of section 697.340 of the California Code of Civil Procedure and may be extended as provided in sections 683.110 through 683.220 of the California Code of Civil Procedure. (c) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law. (d) Prior to recording any such lien, the director of administrative services shall prepare and file with the city clerk a report stating the amounts due and owing. (e) The city clerk shall fix a time, date, and place for hearing such report and any protests or objections thereto by the city council.. (f) The director of administrative services shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten days prior to the time set for the hearing. 1.12.190 Public hearing and protests of proposed liens. (a) Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.12.180 may file a written protest with the city clerk and/or may protest orally at the city.council hearing.. (b) Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of 990430 syn 0043699 15 any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or was successfully challenged by a timely writ of mandate. (c) The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien based upon evidence produced at the’hearing. 1.12.200 Recording of lien. Thirty days following the adoption of a resolution by the city council imposing a lien, the director of administrative services shall file the same as a judgment lien in the_office of the county recorder of Santa Clara County. The lien may carry such additional administrative charges as set forth by resolution of the city council. 1.12.210 Satisfaction of lien. Once payment in ful~--is received by the city for outstanding penalties and costs, the-director of administrative services shall either record a notice of satisfaction or provide any property owner or financial institution having a legal or equitable interest in.the property with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city’s lien. SECTION 3. Chapter 1.16 of Title 1 of the Palo Alto Municipal Code is amended in its entirety to read as follows: Ch~pt~ 1.16 ADMINISTRATIVE PENALTIES - CONTINUING VIOLATIONS - COMPLI~{CE ORDERS CHAPTER 1.16 ADMINISTRATIVE COMPLIANCE ORDERS 1.16.020 Appilu~biilty uf Ch=pte~ 1.12. The pxovlslo~is of Seetio~ 1.12.020, 1.12.050, 1.12.060, 1.12.130, 1.12.140, 1.12.150, 1.12.170, 1.12.180,1.12.1~0,~d 1.12.200 ~h~il ~ppi~ to thi~ Ch~pte~ 1.16. 1.16.010 Applicability. (a) This chapter provides for administrative remedies which are in addition to all other civil legal remedies or which are an alternative to any criminal legal remedies which may be pursued by the city to address any violation of Title 4, Title 5, 990430 syn 0043699 16 Title 6, Title 8, Title 9, Title 12, Title 15, Title 16, Title.17, Title 18, or Title 22 of this code. (b) Use of the remedies and procedures of this chapter shall be at the sole discretion of the enforcement officials authorized to proceed under this chapter. 1.16.020 Enforcement Official -- Defined. For purposes of this chapter, ~Enforcement Official" means the principal supervisor for any city department or division which is charged with responsibility for enforcement of any provision of this code. An act authorized in this chapter to be conducted by an Enforcement Official may be delegated by the Enforcement Official to a subordinate employee or to any other person retained for that purpose. 1.16.030 compliance order. (a) Whenever an Enforcement Official determines that a violation exists regarding any provision of this code to which this chapter is applicable and for which the Enforcement Official is responsible for enforcement, the Enforcement Official may issue a written compliance order to any person responsible for the violation. 990430 syn 0043699 17 (b) A compliance order issued pursuant to this chapter shall contain the following information: (i) The date and location of the violation; (2) The section of this code violated and a description of the violation; (3) The action required to correct the violation; (4) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved, and the amount of penalties that will begin to accrue; in the case of continuing violations which pertain to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the time period after which administrative penalties will begin to accrue shall not be less than five business days; (5) Either a copy of this chapter or an explanation of the consequences of noncompliance with the compliance order and a description of the hearing procedure and appeal process for contesting the compliance order. 1.16.040 Method of Service. (a) All compliance orders may be served by personal delivery on any person determined to be responsible for the violation if the responsible person can be located. If the Enforcement Official cannot locate or effect service on a responsible party for personal delivery of a compliance order, then. the compliance order may be served by certified mail, postage prepaid, return receipt, requested, addressed to a location reasonably calculated to give notice to the responsible party of service of the administrative citation. All notices required by this chapter~ to be served subsequent to service of a compliance order may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date when the certified mail is either delivered or delivery is attempted. If the certified mail receipt is returned unsigned, then Service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable; service by regular mail shall be deemed effective on the date three days following deposit in the mail. (b) Where a violation of code provisions respecting the condition of real property is involved, service by certified mail of a compliance order or subsequent written notices authorized by this chapter may be effected at the address as shown on the last equalized county assessment roll. (c) Where a violation of code provisions respecting the condition of real property is involved and personal delivery or service by mail upon the property owner is unsuccessful, service 990430 syn 0043699 18 may be effected alternately or additionally by posting a copy of the order at a conspicuous location on the property which is the subject of the order. (d) Where service of any notice required under this chapter is effected in compliance with the requirements of this section and with due process, the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter. if Lh~ ~-espu,,.~ibi~ peisus, f=ii~ Lu fully cutuwly will, the ii~=~ii~N, Lut in ~io ~veiit ,.~y tli~ ii~=~i~N L~NiI~ lat~ thaii ~illi~ty days =ft~x s~vlu~ of tli~ notlc~ of h~zi~9 up~i tile ~e~puli~iLi~ 990430 syn 0043699 19 1.16.050 Hearing. (a) If the Enforcement Official determines that all violations have been corrected within the time specified in the compliance order or within any amended orders, the Enforcement Official shall so advise each party to whom the compliance order was addressed. (b) If full compliance is not achieved within the time specified in the compliance order or within any amended orders, the Enforcement Official shall schedule a hearing before the Enforcement Official or a delegatee. 1.16.060 Notice of hearing. (a) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted. (b) Each hearing shall be set for a date not less than fifteen days nor more than sixty days from the date of service of the notice of hearing unless the hearing officer determines that the matter is urgent or that good cause exists for an extension of time. The party subject to the compliance order may request one continuance for any reason, provided that the deferred hearing shall be conducted within ninety days after the date originally scheduled for hearing; if the hearing officer determines thah compliance is urgently required to protect the public peace, health, safety, or welfare, however, the hearing officer may deny the extension of time. (c) Written notice of hearing shall be served on any person to whom the compliance order was addressed. (d) The hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist and/or that the person was not . responsible for the violation. The failure of any person subject to a compliance order to appear a the hearing or in the alternative to present evidence for consideration at the hearing shall constitute a failure to exhaust administrative remedies that may bar judicial review. 1.016.070 Hearing -- Findings and order. 990430 syn 0043699 20 (a) At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing on the compliance order. At the hearing, the party subject to the compliance order shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the administrative citation. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing. (b) The hearing officer shall consider any written or oral evidence’consistent with ascertainment of the facts regarding the violation and compliance with the order. (c) Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue a decision regarding: (i)The existence of the violation; (2)The extent of compliance with the order. (d) The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. (e) If the hearing officer finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order. (f) If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding of thosefacts. 1.16.080 Administrative order. If the hearing officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order which imposes any or all of the following:. (a) An order to correct code violations, including a schedule for correction if appropriate; (b)Administrative penalties as provided in this chapter; (c)Administrative costs as provided in this chapter. 990430 syn 0043699 21 1.16.110 Adu~i,~i~t~=tiv~ cost~. Li eo,i~i~eCiu~i ~ici~ p~usecuCi~ 51ie violatio~i, indludi~ but nut 1.16.090 ’Administrative penalties. (a) The hearing officer may impose administrative penalties for each day during which a violation is maintained after the date when compliance was ordered to be achieved, in an amount not to exceed the maximum provided in the schedule of administrative penalties adopted by Council resolution effective on the date when the violation occurred. (b) In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration: (I) The duration of the violation; (2) The frequency, recurrence, and number Of violations, related or unrelated, by the same violator; (3) The seriousness of the violation; 990430 syn 0043699 22 The good faith efforts of the violator to come community; (5)The economic impact of the violation on the (6) Such other factors as justice may require. (c) Administrative penalties imposed by the hearing Officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Enforcement Official. (d) The Enforcement Official may suspend the imposition of applicable penalties for any period of time during which: and, (i) The violator has filed for necessary permits; (2)Such permits are required to achieve compliance; and, (3) Such permit applications are actively pending before the city, state or other appropriate governmental agency. (e) Administrative penalties assessed by the hearing officer shall be due by the date specified in the administrative order. (f) Administrative penalties assessed by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor. ~ (g) If t~e violation is not corrected as specified in the administrative order, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in the schedule of administrative penalties. (h) If the violator gives written notice to the Enforcement Official that the violation has been corrected and if the Enforcement Official finds that compliance has been achieved, the Enforcement Official shall deem the date of the final inspection to be the date on which the Enforcement Official finds that the violation was corrected. 1.16.100 Administrative costs. (a) The Enforcement Official may assess administrative costs against the violator when the Enforcement Official finds that 990430 syn 0043699 23 a violation has occurred and that compliance has not been achieved within the time specified in the compliance order. (b) The administrative costs may include any and all costs incurred by the city in connection with the matter before the Enforcement Official, including but not limited to costs of investigation, staffing costs incurred’ in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order. Failure to pay administrative costs within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein. order. 1.16.110 Failure to comply with administrative compliance Failure to pay the assessed administrative penalties and/or administrative costs specified in an administrative order may be enforced as: (i) A personal obligation of the violator; and/or, (2) If the violation is in connection with real property, a lien upon the real property which shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full; and/or, (3) A criminal misdemeanor. 1.16.120 Judicial review. Any person subject to an administrative order issued pursuant to this chapter may obtain review of the administrative order in the appropriate court pursuant to the provisions of California Government Code section 53069.4 by filing with the court a notice of appeal. The administrative order shall provide notice of this right of judicial review and the time allowed therefor by law. 1.16.130 Recovery of administrative civil penalties. The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to the provisions of this chapter. 1.16.140 Report of compliance after administrative order. If the Enforcement Official determines that compliance has been achieved after a compliance order has been issued by the Enforcement Official following hearing, the Enforcement Official shall give notice to each party to whom the compliance order was addressed indicating that compliance has been achieved. 990430 syn 0043699 24 1.16.150 Compliance dispute. (a) If the Enforcement Official does not file a report of compliance, a violator who contends that .compliance with an administrative order has been achieved may request a compliance hearing before the city manager or designee by filing a request for a hearing with the Enforcement Official issuing the administrative compliance order. (b) The compliance hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1.12.060 and 1.12.080 through 1.12.100 of this chapter. (c) The city manager or designee shall determine if compliance has been achieved and, if so, when it was achieved. The decision of the city manager or designee shall be final, subject only to judicial review as provided by law. The decision shall provide notice of the right of judicial review and the time allowed therefor by law. 1.16.160 Lien procedure. (a) Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety days, unless tolled by a timely request for judicial review pursuant to California Government Code section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property. (b) The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Procedure. (c) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law. (d) Prior to recording any such lien, the director of administrative services shall prepare and file with the city clerk a report stating the amounts due and owing. (e) The city clerk shall fix a time, date, and place for hearing such report and any protests or objections thereto by the city council. (f) The director of administrative services shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten days prior to the time set for the hearing. 1.16.170 Public hearing and protests. 990430 syn 0043699 25 (a) Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to this chapter may file a written protest with the city clerk and/or may protest orally at the city council hearing. (b) Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or was successfully challenged by a timely writ of mandate. (c) The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien based upon evidence produced at the hearing. 1.16.180 Recording of lien. Thirty days following the adoption of a resolution by the city council imposing a lien, the director of administrative services shall file the same as a judgment lien in the office of the county recorder of Santa Clara County. The lien may carry such additional administrative charges as set forth by resolution of the city council. 1.16.190 Satisfaction of lien. Once payment in full is received by the city for outstanding penalties and costs, the director of administrative services shall either record a notice of satisfaction or provide any property owner or financial institution having a legal or equitable interest in the property with a notice of satisfaction sb they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city’s lien. SECTION 4. The City Council finds that this ordinance is not a project for purposes of the California Environmental Quality Act. SECTION 5. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its passage. SECTION 6. The City Clerk shall cause this Ordinance to be published in a newspaper of general circulation printed and published in the county and circulated in the City within fifteen days after its passage, in accordance with Section 36933 of the Government Code, shall certify to the adoption and publication of this Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. 990430 syn 0043699 26 INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Director of Community Services Director of Administrative Services APPROVED: Mayor City Manager Police Chief Fire Chief Director of Public Works Director of Planning and Community Environment 990430 syn 0043699 27 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SETTING FORTH THE ADMINISTRATIVE PENALTY SCHEDULE FOR CERTAIN VIOLATIONS OF THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does resolve as follows: SECTION i. Standard Penalty. Except as otherwise specifically set forth in Section 2 ~below, the administrative penalty amount for a first violation of the Palo Alto Municipal Code shall be fifty dollars ($50.00). SECTION 2. Non-Standard Penalties. The administrative penalty set forth below are hereby established for violations of the Palo Alto Municipal Code sections listed below: 4.04 020 4. I0 045 4.10 050 4. i0 055 4. i0 057 4 I0 070 4 i0 120 4 10.200 4 10.230 4 i0. 240 4 i0. 260 4 10.270 4 18. 040 4 32. 020 4 32. 060 4 32. 090 4 32. 100 4 32. Ii0 4 34. 020 4 39. 030 4 39. 140 4.42.020 4.42.090 4.42.100 License or permit required~ License fees for pushcart vendors. Regulations for solicitors and peddlers~ Identification cards for solicitors. Regulations for pushcart vendors. License required - circus etc. Arcade prohibited. Pawn brokers prohibited. Daily report of second hand dealers. Maintaining reports - second hand dealers. Failure to make report - second hand dealers. Second hand goods held for inspection. Unlawful dog or cat kennel. ~ Soliciting without a permit Investigation~of records of solicitor. Acts required during solicitation. Restriction of solicitation. Hours of solicitation. Permit required - closing out sale Audible alarms. Alarm violations. Certificate of public convenience. Taxi owner’s permit. Taxi driver’s permit expired. 4.42.130(b) Taxi driver’s permit not displayed. 4.42.160 Unauthorized pickup of passengers. 4.42.200 Taxi cab operating regulations. 4.51.030 License required - bingo. 4.51.050 Minors restricted - bingo 4.51.080 Staffing and operations - bingo. 4.51.110 Physical presence required - bingo 4.52.020 License required - billiards and bowling. 4.52.040 Minors restricted - billiards and bowling. 4.52.060 Offensive conduct - billiards and bowling. 4.52.070 Interference w/emerg, access - billiards/bowling. 4.54.030(a)Permit required - massage establishment 4.54.060(a)Permit required - massage tech. 4.54.130 Business name - massage. 4.55.030 License required - adult entertainment. 300 300 35O 250 300 300 250 250 25O 25O 250 250 250 250 250 250 25O 250 250 250 i00 i000 i000 250 250 250 250 250 50 250 250 i000 250 250 250 i000 250 250 i000 990505 syn 0052233 4.56.030 4.56.120 4.56. 150 4.56.200 4.57. 020 4.58. 020 4 58. 030 4 59. 010 4 59. 020 4 59. 030 4 59. 040 4 59. 050 4 59. 070 4 59. 080 4 59. 090 4 59. 095 4 59. 100 4 59. 105 5 12 . 010 5 20.030 5 20. 040 5 20 050 5.20 080 5.20 130 5.20 160 5.20 180 5.20 190 5.20 220 5.20 230 5.26 030 5.30 030 5.35 020 6.08 020 6.16 010 6.16 080 6.16 I00 6.20 010 6.20 020 6.20 030 6.20 040 6.20 045 6.20 045 6.20 045 6.20 060 6.20 080 6.20 090 6.20 I00 6.20 ii0 6.20 120 6.20 130 6.20 140 6.20 150 6.24 020 6.28 040 6.32 010 6.32 020 6.32 050 6.36 010 8.04 020 8.04 080 8.08 010 License required - hot tub and sauna.I000 Business name - hot tub and sauna.250 Display of permit - hot tub and sauna.250 Employment of persons < 18 hot tub and 250 sauna. Permit required - firearms sales,i000 Minors restricted - narcotics paraphernalia 750 shop Regulations - narcotics paraphernalia shop.750 Pet shop requirements.250 Pet shop sanitation 250 Pet shop food 250 Pet shop notification.250 Pet shop - sale of dangerous or wild animals 250 Dead animals.250 Permit required - pet shop and kennel.250 Permit required - grooming shop.250 Sales of kittens and puppies 250 Sales of raccoons.250 Sales of rabbits, chicks, ducklings 250 Permit required - refreshment stand.250 Discarding solid waste,i00 Accumulation of garbage..250 Unauthorized bins, boxes, and containers 250 Number of containers required.250 Maintenance of bins and boxes ~250 Spillage or leakage of solid waste.250 No accumulation of solid waste.250 No burning, burial, or dumping of solid waste 250 Scavenging prohibited.I00 No trespassing in city landfill.250 Aerial release of pesticides.250 Use of CFC - Processed food containers.250 Paper bag availability required.250 Interference with animal control officer,i00 No dog License.75 More than two dogs ~~.i00 Leash Law.~75 Animals at large.75 Sanitation - animals,i00 Animals kept in enclosures I00 Nuisance on sidewalk,i00 Animal waste removal - first offense.25 Animal waste removal - second offense.50 Animal waste removal - third offense.125 Bees close to property line.I00 Perm±t required -~livestock.I00 Goats, etc. at large.I00 Number of birds kept.I00 Number of cats kept.I00 Permit required - breeding animals.I00 Cat or dog in heat.I00 Barking dogs.I00 Vaccination required - animals.I00 Permit required - construction of stable.250 Possession of dangerous or wild animals.500 Keeping diseased animals.500 Confining animals with rabies.500 Dead animals in public.500 Sales of certain animals.250 Permit required - tree work.500 Interference with tree enforcement.500 Weeds as public nuisance.500 990505 syn 0052233 9 ~ 04. 010 9.04. 020 9.04. 030 9.08.010 9.10.030 9. I0. 040 9.10.050 Open container in business district. Open container in City parking lot. Open container near liquor store. Discharge of firearms/fireworks. Residential property noise limits. Commercial property noise limits. Public property noise limits. 9.10 060(b) Construction noise signs. 9.10 9.10 9.10 9.10 9.10 9.10 9.10 9.10 9.10 9.12.010 9.14. 020 9.14. 025 9.14.030 9.14 040 9.14 050 9.14 080 9.14 090 9 14 i00 9 22 010 9 26 020 9 28 010 9 28 020 9 32 Ii0 9 40 020 9 44.010 9 48.010 9 48. 030 9 48. O4O 9 48. 050 9 50.010 9 56.030 9.60 030 9.60 050 9.60 060 9.60 070 9.74 030 9.78 020 9.79 040 12.08.010 12.08.100 12.12.010 12.16.030 12.20.020 12.32.010 15.04.0i2 i00 I00 i00 i000 i00 I00 I00 250 060(c) Construction noise.250 060(d) Construction equipment noise,i00 060(e) Residential power equipment noise.50 060(f) Leaf blower noise.I00 060(g)’ Street sweeping noise,i00 060(h) Refuse collection noise,i00 060(I) Safety device noise.I00 060(k) Public parking lot cleaning noise.~i00 060(1) Business district street cleaning noise,i00 Loudspeakers.150 Smoking prohibited - public places.I00 Smoking prohibited - service locations,i00 Smoking prohibited - city cars.i00 Smoking prohibited child care facilities,i00 Smoking prohibited - restaurants.I00 Location of tobacco vending machines,i000 Display of tobacco products.¯500 Failure to post "No Smoking" signs.50 Impersonating public officials.500 False representation as police officer 250 Hotel guest register required.250 Use of false name by hotel guest.50 Fortunetelling ,250 Landing aircraft at other than airport 500 Solicitation prohibited - public parking lot.I00 Displaying goods on sidewalk.50 Operation of sidewalk elevator.500 Throwing rubbish on streeZs.250 Obligation to clean sidewalk.500 Graffiti prohibited on public property.500 Abatement of public nuisance.500 Blocking entrances to City Hall.500 Placing signs-or climbing on City Hall. ,500 Bicycles and skateboards at City Hall.500 Alcoholic beverages prohibited - City Hall.i00 Dis6rimination in housing.250 Mosquito breeding places.500 News rack violations,150 Permit required - public right of way.500 Removal of City Engineer monuments.500 Building’on public easement without permit,i000 Overhead wires in underground districts.500 Providing false information to City Utilities.500 Water use regulation.I00 Violations of Uniform Fire Code.250 unless Otherwise Specified i00015.04 012 (103 44) 16.04 080 16.04 095 16.04 120 16.04 140 16.08 020 16.09 020 Failure to abate a hazard. Violations of Uniform Building Code,500 Unlawful occupancy.500 Expiration of permit.500 Certificate of occupancy required.500 Violations of Uniform Plumbing Code.500 Permit required - industrial waste discharge.750 990505 syn 0052233 16.09.033 Reports required - industrial waste permit holders. 16.09.035 Training required - industrial waste permit holders. 16.09.070(b)Unlawful discharge into sewer system. 16.09.075 Discharge into manhole. 16.09.091 Storage of hazardous materials. 16.09.100 Waste prohibitions. 16.09.101 Discharge of copper-based root control chemicals. 16 09.102 Grease disposal. 16 09.105 Unpolluted water. 16 09.106 Discharge into storm drains. 16 09.112 Dental facility requirements. 16 09.113 Vehicle service facility requirements. 16 09.114 Machine shop requirements. 16 09.121 Prohibition against dilution. 16 10.020 Construction of private sewer system. 16 10.050 Permit required - private sewage system. 16 16.020 Violations of National Electrical Code. 16 20.100 Prohibited locations - signs. 16 20.110 Fuel price signs required. 16 20.210 Non-compliance with sign ordinance. 16 24.080 Fence violation. 16 28.030 Permit required - excavation and grading. 16 28.110 Excavation permit. 16 28.250 Maintenance of protective devices. 16 28.290 Protection of adjacent property. 16 28.300 Deposits of earth, rock, etc. 16 32.010 Permit required - moving a building. 16 36.050 Curb painting without a permit. 16 36.060 House numbering required. 16 40.090 Non-compliance with order of building official. 16.40.180 Interference with repair or demolition work. 16.42.090 Failure to submit seismic report. 16.45.070 Failure to pay fee - Stanford Research Park. 16.46.060 Failure to pay fee - San Antonio - West Bayshore. 16.47.050 Failure to pay housing impact fee. 16.52.070 Construction - flood hazards. 17.04.020 Storage of hazardous materials - safety. 17.10.030 Permit required -~underground storage. 17.10.140 Financial responsibility - underground storage. 17.10.150 Monitoring underground storage tanks. 17.10.170 Unlawful abandonment - undergroundstorage tanks. 17.12.010 ’Permit required - hazardous waste storage. 17.12.060 Hazardous waste storage ~facilities. 17.16.010 Hazardous materials management plan. 17.20.010 Hazardous materials inventory statement. 17.24.010 Hazardous waste discharge report. 17.32.010 Permit required - storage of hazardous ~materials. 18.01.080 Violation of zoning laws. 18.88.160 Servicing vehicles in residential zone. 18.90.110 Temporary uses. 22.04.030 Compliance with park rules. 22.04.150(a) Resident and guests only - Foothills Park. 22.04.150(b) Entrance to park - Foothills Park. 22.04.150(c) In park after hours - Foothills Park. 22.04.150(d) Speed limit 20MPH - Foothills Park. 750 750 750 750 I000 750 750 750 750 750 750 750 750 750 750 5OO 5OO 250 250 250 250 500 500 500 500 5O0 250 I00 i00 500 5OO 250 250 250 250 5OO 5OO 5OO 5OO I000 I000 5oo 5oo 25o 250 i000 I000 5OO 250 25O 5O 5O 5O 5O 5O 990505 syn 0052233 22 04 150(e) Locked in after hours - Foothills Park. 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 O4 04 04 04 04 04 04 04 5O 150(f) Skateboards and motorcycles - Foothills Park.50 150(g) Smoking on trails Foothills Park.250 150(h) Fires in Foothills Park,250 150(I) Use of trails - Foothills Park.50 150(1) Unleashed dog - Foothills Park.I00 155 Restraint of dogs.I00 160 Permit required - sales in parks.50 170 Violation of park use permit,i00 180 Sound in parks.50 190 Unauthorized golf in parks.50 200 Unauthorized models and kites in parks.50 210 Parking in parks.30 220 Bicycle not permitted on trails.250 230 Dumping in park.500 240 Interference with park use permit.I00 250 Park regulations.50 260 Discharge of weapons in park.500 270 Removal of flora or fauna.500 280 Removal of turf or soil.500 290 Vandalism in park.I000 300 Unlawful fire in city park.500 320 Parks closed.50 321(a)Skateboarding in park after hours.50 322 Trespass at Rinconada Park pool.50 330 Alcohol in Cogswell Park.i00 331 Alcohol in Lytton Plaza.i00 332 Alcohol in Johnson Park.i00 333 Alcohol in Boulware Park.i00 334 Alcohol in Scott St. Minipark i00 335 Alcohol in Greer Park.i00 336(a)Alcohol in Riconada Park.I00 337 338 339 340 360 370 380 Alcohol in Mitchell Park. Alcohol in Robles Park Alcoho! in Hopkins Park Vehicles in park. Open container in park - alcoholic beverage. Reckless driving in park. Unlawful riding and towing in parks. I00 i00 I00 250 I00 300 i00 SECTION 3. Second Violation. Except as otherwise specificallyset forth in Section 2 above, the penalty amount for a second violation.of the same section of the municipal code by the same person within a thirty-six (36) month period shall be one hundred fifty percent (150%) of the penalty amount listed in this Resolution for a first violation of that municipal code section at the time of the second violation. SECTION 4 Third Violation. Except as otherwise specifically set forth in Section 2 above, the penalty amount for a third and subsequent violation of the same municipal code section by the same person within a thirty-six (36) month period shall be two hundred percent (200%) of the penalty amount listed in this Resolution for a first violation of that municipal code section at the time of the third or, as applicable, Subsequent violation. SECTION 5. Delinquency Penalty. Any penalty amount imposed pursuant to Chapters 1.12 or 1.16 of the Palo Alto 990505 syn 0052233 municipal code and this Resolution shall be deemed delinquent if it is not paid in accordance with the terms and provisions of Chapters 1.12 or 1.16. Any person who fails to pay to the City all or part of the amount of any penalty imposed pursuant to the provisions of Chapters 1.12 or 1.16 of the Palo Alto municipal code and this Resolution on or before the date that said penalty amount is due shall be liable for the payment of an additional delinquency penalty. The delinquency penalty shall be equal to ten percent (10%) of the amount of the penalty remaining unpaid to the City per month, simple interest on the penalty amount, from the date the penalty amount becomes delinquent until the date that all delinquent penalty amounts are paid to the City. SECTION 6. The Council finds that the adoption of this resolution does not constitute a project for purposes of the California Environmental Quality Act, and, therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Police Chief 990505 syn 0052233 6