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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