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Home My WebLink AboutAGENDA REPORT 1991 0206 CC REG ITEM 11DTO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: January 31, 1991 (City Council Meeting of 2 -6 -91) SUBJECT: PROPOSED RESOLUTION TO AUTHORIZE THE CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND A PROPOSED RESOLUTION FOR A BAIL SCHEDULE --------------------------- Background On September 5, 1991, the Council discussed a proposed Resolution to Authorize Code Enforcement to issue Citations and a proposed Resolution to adopt a Bail Schedule. At the conclusion of that meeting the bail schedule was referred to an Ad HOC Committee consisting of Councilmembers Brown and Perez. No specific directions were given by the Council to the committee. On September 25, 1990, Councilmembers Brown and Perez, the Director of Community Development and Code Enforcement Officer met to discuss *the bail schedule. At that meeting the amounts of the fines were discussed and it was recommended by the committee to reduce the fines to the same amount for first, second and third offense. During the period following the first committee meeting with Councilmembers Brown and Perez, Code Enforcement staff attended a six week Code Enforcement course in Ventura. At that course there were a number of questions that were asked by staff regarding the issuing of citations and bail schedules to the instructors and other city agencies code enforcement personnel attending the course. The answers received raised several technical and procedural issues needing resolution before staff could bring the matter back for Council consideration. All of these issues have now been resolved. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MOORPARK 0(01 —_ STEM PAUL W. LAWRASON JR. Mayor t !OORPARK, CAUFORNIA oP °' <,,o STEVEN KUENY BERNARDO M. PEREZ city Mee*v f° '? • City Manager CHERYL J.KANE Mayor Pro Tem of 199- City Attorney SCOTT MONTGOMERY o PATRICK RICHARDS, A.I.C.P. Councilmember JOHN A 'ao ° Director of E. WOZNIAK /� qt � ^ Community Development Councilmember ° ''y JOHN F. KNIPE LILLIAN KELLERMAN By City Engineer City Clerk JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer M E M O R A N D U M TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: January 31, 1991 (City Council Meeting of 2 -6 -91) SUBJECT: PROPOSED RESOLUTION TO AUTHORIZE THE CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND A PROPOSED RESOLUTION FOR A BAIL SCHEDULE --------------------------- Background On September 5, 1991, the Council discussed a proposed Resolution to Authorize Code Enforcement to issue Citations and a proposed Resolution to adopt a Bail Schedule. At the conclusion of that meeting the bail schedule was referred to an Ad HOC Committee consisting of Councilmembers Brown and Perez. No specific directions were given by the Council to the committee. On September 25, 1990, Councilmembers Brown and Perez, the Director of Community Development and Code Enforcement Officer met to discuss *the bail schedule. At that meeting the amounts of the fines were discussed and it was recommended by the committee to reduce the fines to the same amount for first, second and third offense. During the period following the first committee meeting with Councilmembers Brown and Perez, Code Enforcement staff attended a six week Code Enforcement course in Ventura. At that course there were a number of questions that were asked by staff regarding the issuing of citations and bail schedules to the instructors and other city agencies code enforcement personnel attending the course. The answers received raised several technical and procedural issues needing resolution before staff could bring the matter back for Council consideration. All of these issues have now been resolved. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council January 31, 1991 (CC meeting of 2/6/91) Page -2- At a meeting in January 1991 Council requested that the Community Development Committee look into the matter regarding the issuing of citations by the Code Enforcement Officer and it's related bail schedule. As a result of the committee's recommendations, the following changes were made on the bail schedule: All initial fines were reduced to the amount of $25.00 with the second violation $50.00 and third violation of $75.00. The only changes in the amounts of fines that were increased by the request of the committee were, Defacing Public Property from $50.00 to $200.00, and Littering on Public Property from $50.00 to $100.00. The illegal dumping fine was not changed and remains at $100.00 to $300.00. Discussion The Code Enforcement Officer will only issue a citation (notice to appear in court) when all means have been exhausted in gaining compliance such as after letters of violations have been sent or by conducting at least several field inspections. The phrase "Arrest without a warrant" means that when a citation (notice to appear) is issued and a person refuses to present identification or to sign the written promise to appear in court, then and only, then the arrestee may be taken into custody. If the Code Enforcement Officer should be confronted with this situation, the Code Enforcement Officer will then contact the Sheriff's Department for their assistance in obtaining the proper identification and the arrestee's signature on the citation. At no time will the Code Enforcement Officer make an arrest without the Sheriff Department's assistance, nor will the Code Enforcement Officer transport persons into custody. The Sheriff's Department will be the responsible party to physically transport and book the violator. During staff's research on this subject it was noted that the need to resort to an actual booking action was extremely rare. This Department will request quest assistance from the Sheriff's Department to conduct a training workshop for the Code Enforcement Officer regarding the proper procedures required by that agency in the method of issuing citations, the distribution of the copies of the citations after they have been issued, and to establish a means of communication with the Code Officer(s) when their is a need for the Sheriff's assistance. A draft resolution is attached which would give the Code Enforcement Officer(s) the authority to arrest without a warrant and issues citations. A separate draft resolution is attached which specifies the proposed Bail Schedule and includes a listing of some of the most common violations that the Code Enforcement Officer could issue citations for. At the present time the City E The Honorable City Council January 31, 1991 (CC meeting of 2/6/91) Page -3- has only one Code Enforcement "Officer ". The additional personnel within the department is a Code Enforcement "Technician ", and under the resolution as proposed would not be given the authority to issue citations. After the City Council approval, the proposed Bail Schedule must be submitted to the Ventura County Municipal Court for review by the Bail Committee before it is filed with the courts and incorporated into their computer files. Recommended Action 1. That the City Council approve the Draft Resolution authorizing the Code Enforcement Officer to arrest without a warrant and issue citations, as required by the Municipal Code Section 1.12.110 B. 2. That the City Council approve the Draft Resolution authorizing a Bail Schedule. Attachments: 1. Draft Resolution Authorizing Code Enforcement Officers to Arrest and Issue Citations 2. Draft Resolution and Bail Schedule 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE CITY'S CODE ENFORCEMENT OFFICERS TO ACT AS A PUBLIC OFFICER IN THE DUTY TO ENFORCE A STATUTE OR ORDINANCE PURSUANT TO SECTION 836.5 OF THE PENAL CODE AND SUBJECT TO THE PROVISIONS OF SECTION 1.12.110 OF THE MUNICIPAL CODE. WHEREAS, Section 1.12.110 of the Municipal Code requires that no officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in Section 1.12.110 unless such officer or employee is within a classification of City Officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, it is the Code Enforcement Officer's discretionary duty to enforce City statutes and ordinances, and Section 836.5(d) of the Penal Code allows the City to authorize officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations and to issue citations; and WHEREAS, the Code Enforcement Officer is not currently authorized by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, when a violation and /or misdemeanor occurs and certain facts involved make it a serious violation, the Code Enforcement Officer must have the capability and authority to issue a citation or the power to arrest without a warrant; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares that any person(s) occupying the position of the Code Enforcement Officer for the City of Moorpark, shall be deemed to be a Public Officer, as the term is defined by Section 836.5(a) of the Penal Code of the State of California. SECTION 2. Any person occupying this position shall have the authority to: (a) arrest without a warrant; (b) enforce and issue citations for violations of city codes, ordinances, and parking violations; and (c) give notice of violations in accordance with procedures prescribed by the California Vehicle Code. SECTION 3. Pursuant to Section 853.5 of the Penal Code, the Code Enforcement Officer is hereby given the authority to arrest a person without a warrant when there is reasonable cause to believe that the person to be arrested has committed an offense in the Officer's presence which he or she has the discretionary duty to enforce, issue a notice to appear (citation), and to release such person on his or her written promise to appear in court pursuant to Section 853.6 of the Penal Code. SECTION 4. There shall be no civil liability on the part of, and no cause of action shall arise against, any Code Enforcement Officer(s) acting pursuant to the provisions of Section 2 and within the scope of his /her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the Code Enforcement Officer, at the time of the arrest, had reasonable cause to believe was lawful. The Code Enforcement Officer shall not be deemed an aggressor or lose his /her right to self- defense by the use of reasonable force to effect arrests, prevent escapes, or overcome resistance. PASSED AND APPROVED THIS DAY OF Mayor of the City of Moorpark, California ATTEST: City Clerk ,1990. S RESOLUTION NO. A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING PENALTIES FOR INFRACTIONS OF THE MOORPARK MUNICIPAL CODE (Schedule of penalties for Infractions) WHEREAS, Section 1.12.040 of the Municipal Code of the City of Moorpark sets forth remedies for violation of said codes; and WHEREAS, paragraph B of Section 1.12.040 as amended, provides for the establishment of penalties wherein the nature of the violation constitutes an infraction of said code; NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby adopt a schedule of fines as identified in this resolution and in the attached bail schedule as punishment for conviction of an infraction. SECTION 2. Be it further resolved that all violations of sections of the Municipal Code not otherwise listed in the attached schedule, and all violations of conditions of approval adopted for Planned Development Permits, Conditional Use Permits, and Minor or Major Modifications to those permits, shall be considered an infraction, with a fine of one hundred dollars ($100.00) for the first violation, a fine of two hundred dollars ($200.00) for the second violation of the same provision within one (1) year, and a fine of five hundred dollars ($500.00) for each additional violation of the same provision within the same year. PASSED AND APPROVED THIS DAY OF ,1990. Mayor of the City of Moorpark, California ATTEST: City Clerk 6 CITY OF MOORPARK SCHEDULE OF PENALTIES FOR INFRACTIONS CODE SECTION TYPE BAIL P/C P/A M/A DESCRIPTION 5.08.020(1) 5.08.020(2) 5.08.020(3) 5.64.020(1) 5.64.020(2) 5.64.020(3) 5.84.020 6.08.090 6.08.030 6.16.010 6.24.030 6.08.020 6.08.100 6.08.070 6280 8.08.040(1) 8.08.040(2) 8.08.040(3) 8103.3(1) 8103.3(2) 8103.3(3) 8106 -8.1.2 INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF 25.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 25.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 25.00 +P /C YES NO 25.00 +P /C YES NO 25.00 YES NO 25.00 0. YES NO 25.00 +P /C YES NO 25.00 +P /C YES NO 25.00 YES NO 25.00 YES NO 100.00 +P /C YES NO 100.00 200.00 300.00 50.00 75.00 100.00 25.00 +P /C +P /C +P /C +P /C +P /C +P /C +P /C YES NO YES NO YES NO YES NO YES NO YES NO YES NO BUSINESS REG PERMIT 1ST BUSINESS REG PERMIT 2ND BUSINESS REG PERMIT 3RD PERMITS REQ 1ST 2ND OFF WITHIN 1 YEAR 3RD OFF WITHIN 1 YEAR KENNEL, FIVE OR MORE DOGS UNSAN COND OF ANIMALS LEASH LAW DOG LIC REQ WILD ANIMAL LIC REQ ANIMAL AT LARGE ANIMAL NUISANCE NOISY ANIMAL ACCUMULATION /STORAGE OF ABANDONED /WRECKED/ DISMANTLED VEHICLES ILLEGAL DUMPING 1ST ILLEGAL DUMPING 2ND ILLEGAL DUMPING 3RD DEVELOPMENT PERMIT 1ST DEVELOPMENT PERMIT 2ND DEVELOPMENT PERMIT 3RD FENCE WALL PERMIT REQ -- 7 8108- 1.2(1) 8108 - 1.2(2) 8108 - 1.2(3) 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 8114 -2.1 81140 -2.1 8130 - 2.1(1) 8130 - 2.1(2) 8130 - 2.1(3) 9.12.020(1) 9.12.020(2) 9.12.020(3) 9.20.010 9.50.030(1) 9.50.030(2) 9.50.030(3) 10.04.030 INF 25.00 +P /C YES NO INF 50.00 +P /C YES NO INF 75.00 +P /C YES NO INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF INF 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 100.00 +P /C YES NO 25.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 50.00 SIGNS 3RD NO NO 25.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 25.00 +P /C YES NO PARKING IN OTHER THAN HARD SURFACE 1ST PARKING IN OTHER THAN HARD SURFACE 2ND PARKING IN OTHER THAN HARD SURFACE 3RD IMPROPER ZONE USE RA IMPROPER ZONE USE RO IMPROPER ZONE USE R1 IMPROPER ZONE USE R2 IMPROPER ZONE USE R3 IMPROPER ZONE USE Cl IMPROPER ZONE USE C2 IMPROPER ZONE USE CPD IMPROPER ZONE USE M1 IMPROPER ZONE USE M2 IMPROPER ZONE USE M3 OUTSIDE STORAGE 1 YEAR OUTSIDE STORAGE 1 YEAR 2ND OUTSIDE STORAGE 1 YEAR 3RD NO HOM OCC PERMIT 1ST NO HOM OCC PERMIT 2ND NO HOM OCC PERMIT 3RD DRINKING IN PUBLIC ILLEGAL SIGNS 1ST ILLEGAL SIGNS 2ND ILLEGAL SIGNS 3RD OFF STREET PARKING k 10.04.290 10.12.010(1) 10.12.010(2) 10.12.010(3) 12.16.110 12.16.030 15.08.010 15.04.010 P/C P/A M/A +P /C = 0. _ 100/25 = INF INF INF INF INF INF INF INF 25.00 +P /C YES NO 25.00 +P /C YES NO 50.00 +P /C YES NO 75.00 +P /C YES NO 200.00 +P /C YES NO 100.00 +P /C YES NO 100.00 +P /C YES NO 100.00 +P /C YES NO DEVIATION FRM TRK RTE INOPERABLE VEHICLE 1ST INOPERABLE VEHICLE 2ND INOPERABLE VEHICLE 3RD DEFACING PUBLIC PROPERTY LITTERING ON PUB. PROPERTY VIOLATION OF HOUSING CODES VIOLATION OF UNIFORM BUILDING CODES Proof of correction Mandatory appearance Penalty Assessment (Court imposed fine. Percentage of the bail) Fine, plus proof of correction No fine with proof of correction Reduced fine with proof of correction or higher fine within 1 year -- q