Ordinance 23-23ORDINANCE NO. 23-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,
AMENDING CHAPTER 8.17 (ADMINISTRATIVE CITATIONS AND FINES) OF THE
EASTVALE MUNICIPAL CODE
WHEREAS, the City's short-term rental ordinance is codified in Chapter 120.04 of the Eastvale
Municipal Code; and
WHEREAS, the City's administrative citation procedure is set forth in Chapter 8.17 of the Eastvale
Municipal Code; and
WHEREAS.. Section 8.17.060 of Chapter 8.17, entitled "Imposition of administrative fines, late
penalty charge, interest charges, and re -inspection fees" sets forth administrative fine amounts
for violations of the City's municipal code that would be considered infractions; and
WHEREAS, the California Legislature adopted Senate Bill 60, that was signed in to law in
September 2021, and amended Section 36900 of the California Government Code; and
WHEREAS, Senate Bill 60 allows cities to impose a fine of up to $5,000 for public and health and
safety violations of a short-term rental ordinance; and
WHEREAS, California Government Code, Section 36900 provides that each violation of a city
ordinance is a misdemeanor unless by ordinance it is made an infraction; and
WHEREAS, Section 36900 provides further that 1) the violation of a short-term rental ordinance
that is an infraction which poses a threat to public health and safety is punishable by the
following: a) A fine not exceeding $1,500 for a first violation; b) A fine not exceeding $3,000 for a
second violation of the same ordinance within one year; and, c) A fine not exceeding $5,000 for
each additional violation of the same ordinance within one year of the first violation; and
WHEREAS, the City Council now desires to amend the City's Code so as to provide for the fine
amounts allowed by Senate Bill 60, pursuant to California Government Code 36900 et. seq.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF SECTION 8.17.060. Section 8.17.060 is hereby amended as
follows:
Sec. 8.17.060. - Imposition of administrative fines, late penalty charge, interest charges, and
re -inspection fees.
(a) Fine. The amounts of the fines imposed pursuant to this article may be set forth in a schedule
of fines established by ordinance or resolution of the city council. The city council may also
impose escalating fines in amounts it deems appropriate for repeat offenses of the same
ordinance. The amounts of fines may be modified from time to time, provided they do not exceed
the limits allowed by state law, as stated in the following paragraph. If the city council has not
adopted a specific fine for a violation of an ordinance, then the maximum penalty allowed by
state law as stated in the following paragraph may be imposed.
(i) If a violation is otherwise classified as an infraction under the Code, the
administrative fine shall not exceed $100.00 for a first offense, $200.00 for a second
offense of the same ordinance within a 12-month period of time, and $500.00 for a third
or greater offense of the same ordinance within a 12-month period of time, as set forth
in subdivision (b) of section 36900 of the California Government Code.
(ii) Notwithstanding the foregoing, the administrative fine for a violation of building
and safety codes classified as an infraction shall not exceed $130.00 for a first offense,
$700.00 for a second offence of the same ordinance within a 12-month period of time,
and $1,300.00 for a third or greater offense of the same ordinance within a 12-month
period of time. A fine not exceeding $2,500.00 may be imposed for each additional
violation of the same ordinance within two years of the first violation if the property is a
commercial property that has an existing building at the time of the violation and the
violation is due to failure by the owner to remove visible refuse or failure to prohibit
unauthorized use of the property.
(iii) Notwithstanding the foregoing, the administrative fine for each violation of the
City's short-term rental ordinance, codified at Section 120.04.160 of this Code, that is
classified as an infraction shall not exceed $1,500 for a first violation; $3,000 for a second
violation of the same ordinance within one year; and $5,000 for each additional violation
of the same ordinance within one year of the first violation.
(b) Re -inspection fee. In addition to any fine imposed pursuant to this article, a re -inspection fee
shall be assessed against any responsible person in an amount established by resolution of the
city council if the responsible person does not timely and completely correct or abate a violation
(with all requisite approvals, permits, licenses, and/or inspections) after having received
notification from the city to correct or abate same.
(c) Late penalty charge. Failure to pay an administrative fine within the period specified on the
citation shall result in the assessment of a late penalty charge in an amount established by
resolution of the city council, not to exceed 100 percent of the total fine owed (excluding any re -
inspection fee).
(d) Interest. Failure to pay an administrative fine within 60 days of the issuance of a citation or, if
contested, within 60 days of an order to pay pursuant to a decision by a hearing officer or judicial
officer confirming the fine, shall result in the imposition of an interest charge at a rate established
by resolution of the city council. Interest shall not accrue on a late penalty charge or re -inspection
fee.
SECTION 2. AMENDMENT OF SECTION 8.17.080(a). Section 8.17.080(a) is hereby amended as
follows:
(a) Appeal. Any citee may contest the violation, or that he or she is a responsible person, by filing
a request for an administrative hearing in the manner set forth on the citation within ten calendar
days from the issuance date of the citation. A citee required to pay administrative fines pursuant
to Section 8.17.060(a) may request an administrative hearing and seek a reduction the fine
amount. If the request for a hearing is not timely received in the manner set forth on the citation,
the citee shall have waived the right to a hearing and the citation shall be deemed final.
(1) A request for a hearing shall contain the following:
a. The citation number.
b. The name, address, telephone and any facsimile numbers, of each person contesting
the citation.
c. A statement of the reasons why a citation is being contested; or, for a request to reduce
an administrative fine issued pursuant to Section 8.17.060(a), why a reduction in the fine
amount should be granted upon a showing by the citee that the citee has made a bona
fide effort to comply after the first violation and that payment of the full amount of the
fine would impose an undue financial burden on the citee.
d. The date and signature of the citee.
(2)No filing fee shall be charged for the filing of a request for an administrative hearing.
(3)A timely request for a hearing shall not excuse a citee from the duty to immediately abate a
violation of the Code, nor from any other responsibility or legal consequences for a continuation
or repeated occurrences of a violation of the Code.
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage
by the City Council.
SECTION 4. PUBLICATION. The City Clerk is authorized and directed to cause this Ordinance to
be published within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code Section 36933(c).
PASSED, APPROVED AND ORDAINED this 2211 day of March, 2023.
APPROVED AS TO FORM:
�-,-lu
Erica Vega
City Attorney
Todd Rigby
Mayor
ATTEST:
,
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing Ordinance No. 23-23, was introduced at a regular meeting of the City Council of the
City of Eastvale held on the 8' day of March, 2023, and was passed by the City Council of the City
of Eastvale at a regular meeting held on the 22°d day of March 2023, by the following vote:
AYES: Councilmembers Lorimore, McMinn, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT: Councilmember Yow
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director