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Home My WebLink AboutAGENDA REPORT 1990 0905 CC REG ITEM 11EBERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr Councilmember LILLIAN KELLERMAN City Clerk TO: From: Date: MOORPARK ITEM i`z. MOORPARK, CALIFORNIA City M188mg of 194 n BY, M E M O R A N D U M The Honorable City Council STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Comm pity Development H-PIS DELZEIT ily Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer Patrick J. Richards, Director of Community Development August 17, 1990 (CC meeting of 8/15/90) Subject: PROPOSED RESOLUTION TO AUTHORIZE THE CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND A PROPOSED RESOLUTION FOR BAIL SCHEDULES Background On June 7, 1990 staff requested that the City Attorney review and assist in the clarification of Section 1.12.110 of the Municipal Code to determine whether City Code Enforcement Officers were considered a City Officer or whether a resolution was needed to authorize the Code Enforcement Officers to issue a citation and arrest without a warrant. A City Officer is defined as follows: Pursuant to Section 1'.12.110 of the Municipal Code; "Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance pursuant to Seciton 836.5 of the Penal Code." The City Attorney's office responded in a letter dated July 12, 1990 (attached) that Municipal Code Section 1.12.110A, adopted as part of Ordinance 2, Section 1 (1983), provides the authority under the Penal Code Section 836.5(d) for the City to authorize officers and employees who have the duty to enforce a statue or ordinance to arrest persons for violations and to issue citations. However, Section 1.12.110B of the Municipal Code states that officers or employees may exercise the arrest and citation authority only when designated by a resolution. The City Attorney's office concluded, therefore, that a resolution giving code enforcement officers the authority to act under the Penal Code and the Municipal Code is required. rev.17aug90 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Discussion As stated in the attached memorandum to the City Attorney dated June 7, 1990, staff has surveyed other local governments, has attended seminars, and has concluded that to have a successful enforcement program, the Code Enforcement Officer must have the ability to issue citations. The cities surveyed that are presently using the citation process are: Ventura, Port Hueneme, Fillmore, Oxnard, Ojai, Stockton, San Fernando, and Culver City. The County of Ventura also uses this process. It is Staff's opinion that allowing the Code Enforcement Officer to issue citations would provide for more efficient and effective enforcement in comparison to submitting all non - compliance cases to the City Attorney's Office. The Code Enforcement Officers will only issue citation (notice to appear in court) when all means have been exhausted in gaining compliance such as after one or two letters of violation have been sent or by conducting at least two field inspections of a violation with verbal notices. 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 handcuff or transport persons into custody. As stated in the Resolution and in Penal Code Sections 836.5 and 853.5, the Code Enforcement Officer must follow the Penal Code procedures. The Code Enforcement. Officer is in the process of drafting a Code Enforcement Manual. In that manual, instructions will include the procedures for arresting without a warrant (in other words, when and how to issue a citation). The proposed resolution is attached which would give the Code Enforcement Officers the authority to "arrest without a warrant" and to issue citations. A separate proposed resolution is attached which specifies the proposed Bail. Schedule and includes a listing of some of the most common violations that the Code Enforcement Officers will issue citations for. This 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 tiles. rev.l7aug90 Recommended Action 1. That the City Council approve the Draft Resolution authorizing the Code Enforcement Officers to arrest without a warrant and issues citations, as required by the Municipal Code Section 1.12.110B. 2. That the City Council approve the Draft Resolution authorizing a Bail Schedule. 3. That the City Council approve a resolution authorizing approval of various portions of the Bail Schedule as deemed appropriate. Attachments: 1. Memorandum to City Attorney dated 6/7/90 2. Letter from City Attorney dated 7/12/90 3. Draft Resolution authorizing Code Enforcement Officer to arrest and issue citations. 4. Draft Resolution authorizing a bail schedule. rev.17aug90 BERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk MOORPARK M E M O R A N D U M STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: Cheryl J. Kane, City Attorney FROM: Patrick J. Richards, Director of Community Development DATE: June 7, 1990 SUBJECT: Proposed Resolution to Authorize the Code Enforcement Officer to issue Citation (Notice to Approve). A Proposed Bail Schedule Listing Violation and Fines. Background The Code Enforcement Officer has completed studies, attended seminars and has concluded that to have i successful tool in enforcing the City Code; the City should have the ability for Code Enforcement Officers to issue citations. Some of the cities surveyed that the are presently using the citation process are :Ventura, Port Hueneme, Fillmore, Oxnard, Ojai, Stockton, Palmdale, San Fernando, Culver City. The County of Ventura also uses this process. There have been a number of cases that the Code Enforcement Officer might been able to gain compliance in a more efficient process if th( ahilit� to issue a citation were available. The California Penal Code Section 836.8 and Chapter 1:12 Section 1. 12.110 of the Moorpark Munici�)al Code require that each employee designated to enforce violation if i status or ordinance and authorized to issue citations or arrest withot,t a warrant be so designated by an Ordinance or Resolution. In So(tion 1 12.110 (B) of the Moorpark. Municipal Code it states that. n; ot''i( -( ()r employee shall be allowed by his or her superior to eX""c', ,e t-1e arrest citation 'authority conferred in the section unless Uc-h officer or employee is within a classification of City Office,- ,)rl( - rrhlnyoy designated by resolution of the City Council to exerci and citation authority to specified violations. ATTAR < < =NT '99 MoorD�rk Avenue %Ioorp. irk alif)rnia � +3021 (805) 529 -6864 Cheryl 1. Kane June 7, 1990 Page 2 What we are requesting is for your as,listance in clarifying Section 1.12.110 of the Municipal Code, is the Code Enforcement Officer considered a City Officer or do we need to draft a resolution to designate that position, or do we need to draft a new ordinance to authorize, the Code Enforcement Officer, :, to issue citation and arrest without a warrant. I have also attached a draft copy of a proposed bail schedule that we are again assume will be need to be approved by the City Council then sent to the Ventura County Courts for approval to allow fines and bail monies to return to the City of Moorpark when citations are issued.. Please review Chapter 1.12 Section 1.12.110 of the Moorpark Municipal Code and a copy of the draft bail schedule regarding this matter. cc: Steven Kueny, City Manager Attachments: 1. Copy Section 1.12.110 Citation Issuance Moorpark Municipal fnde. 2. Proposed Bail Schedule. LAW OFFICES BUI?KE, WILLIAMS 8C SORENSEN ONE WILS -IRE: BUILDING MARTIN J. BURKE' RUFUS G YOUNG. JR. 624 SOUTH GRAND AVENUE, IITN FLOOR JAMES T. BRADSHAW, JR.- ELIZABETH L. HANNA MARK G ALLEN, JR.' KATHRYN P. PE7ERS0 LOS ANGELES. CALIFORNIA 90017 MARTIN L. BURKE' LISA E. KRANITZ 2131 ? :16 -0600 CARL K. NEWTON' KIM E. MCNALLY J. ROBERT FLANORICK' DENNIS 1. FLOYD NORMAN E. GAART LINDA L DAUBE T LE::0 P � E a 12131 236 -27:) D EDWARD M. FOX' M. LOIS BOBAK DENNIS P. BVRKE' ROBERT V. WADDEN ..___.. LELAND C OOLLEY' FRANK H. WHITEHEAD, III HARP _. WILL AMS COLIN LENNARD' SCOTT H. CAMPBELL f.41 - 1967'. THOMAS J. FEELEY' MARAANN LINK GOOOKIND NEIL F. YEAGER' TIMOTHY B. MCOSKER LOYAL 11 SORENSEN BRIAN A. RIERIK' DIANA L FIELD f CHARLES M. CALDERON' RITA J. TAYLOR PETER M. THORSON' STEVEN J. DAWSON JERRY M, PATTERSON JAMES F. RIGALI HAROLD A. BRIDGES' TERRY P. KAUFMANN CHERYL J. KANE' STEPHEN R. ONSTOT RAYMOND J. FUENTES' JAIME AREVALO VIRGINIA R. PESOLA F. DANIELS CRAWFORD, S Jul V 12, 19 9 0 S. PAUL BRUGUERA MARIANNE WOO l B. DEREK STRAATSMA JOHN E. CAVANAUGH DOUGLAS C. HOLLAND MARK 0. HENSLEY DON G. KIRCHER PETER D. TREMBLAY MICHELE VADON- RIVERA G MICHAEL ZWEIBACK SCOTT F. FIELD ROGER T. ITO MARY REOUS GAYLE' GILBERT A. TRWILLO 'PROFESSIONAL CORPORATION to PROFESSIONAL ASSOCIATION AOMITTED KANSAS 6 ..IISSOURI 'AOMITTED KANSAS VIA FACSIMILE Mr. Pat Richards Director of Community Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA 93010 (805) 987 -3468 ORANGE COUNTY OFFICE 3200 BRISTOL STREET SUITE 640 CCSTA MESA, CALIFORNIA 92626 ( 7141 545-5559 LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 (913) 339 -6200 OF COUNSEL DWIGHT A. NEWELL WRITER'S DIRECT DIAL 213 - 236 -2820 OUR FILE NO. 01359 -0 Re: Arrest Authority for Code Enforcement Officers Dear Pat: This letter is in response to your June 7, 1990 memorandum, which requested that we review Moorpark Municipal Code Section 1.12.1.10 for consistency with California Penal Code Section 836.5. Under Penal Code Section 836.5(d) the Citv, by ordinance, can authorize ''officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations .... 11 Municipal. Code Section 1.12.110A, adopted as part of Ordinance Section 1 (1983), provides such authorization. The Pena: Code requirement, therefore, has been met. However, Municipal C --II -e Section 1.12.1i0B goes further than state law and stcjtes that officers and employees may exercise the:._r _arrest authority only if designated by resolution. Therefore, a resolution giving code enforcement officers the authority to act under the Penal Code and the Municipal 'Dde is required. i- RECEIVED - ATTACHMENT 'it', It 61990 rlty of r1 /1r nrnar�. Mr. Pat Richards July 12, 1990 Page 2 With regard to the bail schedule, we have been unable to reach you regarding the questions you had about the proposed schedule. We suggest you contact the County directly as to the correct format. In addition, we suggest that the schedule also cite the specific code section for each violation listed and not just a description. Very truly yours, CHERYL J�. / KANE CITY ATTORNEY, MO ARK and BURKE, WILLIAMS & SORENSEN by Peter D. Tremblay for BURKE, WILLIAMS & SORENSEN cc:Steven Kueny, City Manager Cheryl J. Kane, City Attorney pdt /LTR07070 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. ATTACHMENT 3 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 ,1990. Mayor of the City of Moorpark, California ATTEST: City Clerk 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 ,s 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. ATTEST: City Clerk PASSED AND APPROVED THE:)_ DAY OF ,1990. Mayor of the City of Moorpark, California ATTACHIPENT SCHEDULE OF PENALTIES FOR INFRACTIONS CODE SECTION TYPE BAIL P/C P/A M/A DESCRIPTION 5.08.020 INF 50.00 +P /C YES NO BUSINESS REG PERMIT 1ST 5.08.020 INF 50.00 +P /C YES NO BUSINESS REG PERMIT 2ND 5.08.020 INF 200.00 +P /C YES NO BUSINESS REG PERMIT 3RD 5.64.020 INF 50.00 +PAC YES NO PERMITS REQ. 1ST 5.64.020 INF 100.00 +P /C YES NO 2ND OFF. WITHIN 1 YEAR 5.64.020 INF 200.00 +P /C YES NO 3RD OFF. WITHIN 1 YEAR 5.84.020 INF 50.00 +P, /C YES NO A KENNEL, FIVE OR MORE DOGS 6.08.090 INF 50.00 +P /C YES NO UNSAN. COND. OF ANIMALS 6.08.030 INF 25.00 YES NO LEASH LAW 6.16.010 INF 25.00 0. YES NO DOG LIC. REQ. 6.24.030 INF 25.00 +PlC YES NO WILD ANIMAL LIC. REQ. 6.08.020 INF 25.00 +P/2 YES NO ANIMAL AT LARGE 6.08.100 INF 50.00 YES NO ANIMAL NUISANCE 6.08.070 INF 50.00 YES NO NOISY ANIMAL 6280 INF 100.00 +P /C YES NO ACCUMULATION /STORAGE OF ABANDONED, WRECKED, DISMANTLED VEHICLE. 8.08.040 INF 100.00 +P /(; YES NO ILLEGAL DUMPING 1ST 8.08.040 INF 200.00 +P /C YES NO ILLEGAL DUMPING 2nd 8.08.040 INF 300.00 +P,'(' YES NO ILLEGAL DUMPING 3rd 8103.3 INF 50.00 +P, /C YES NO DEVELOPMENT PERMIT 1ST 8103.3 INF 100.00 +P'C YES NO DEVELOPMENT PERMIT 2ND 8103.3 INF 200.00 +P," YES NO DEVELOPMENT PERMIT 3RD 8106 -8.1.2 INF 50.00 +P� {" YES NO FENCE WALL PERMIT REQ. 8108 -1.2 INF 25.00 +p/i, YES NO PARKING IN OTHER THAN HARD SURFACE 1ST OFF. 8108 -1.2 INF 50.00 +P /C YES NO PARKING IN OTHER THAN HARD SURFACE 2ND OFF. 8108 -1.2 INF 100.00 +P /C YES NO PARKING IN OTHER THAN HARD SURFACE 3RD OFF. 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE RA 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE RO 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE Rl 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE R2 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE R3 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE Cl 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE C2 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE CPD 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE Ml 8114 -2.1 INF 100.00 +P'C YES NO IMPROPER ZONE USE M2 8114 -2.1 INF 100.00 +P /C YES NO IMPROPER ZONE USE M3 8130 -2.1 INF 50.00 +P, %:� YES NO OUTSIDE STORAGE 1 YEAR 8130 -2.1 INF 100.00 +P'' YES NO OUTSIDE STORAGE 1 YEAR 2ND OFF. 8130 -2.1 INF 100.00 +P,c, YES NO OUTSIDE STORAGE 1 YEAR 3RD OFF. 9.12.020 INF 50.00 +P/(' YES NO HOM. OCC. PERMIT 1ST 9.12.020 INF 200.00 +P,(' YES NO HOM. OCC. PERMIT 2ND 9.12.020 INF 200.00 +Pi(' YES NO HOM. OCC. PERMIT 3RD 9.20.010 INF 50.00 +P(' YES NO DRINKING IN PUBLIC 9.50.030 INF 50.00 +P,'(- NO ILLEGAL SIGNS 9.50.030 INF 100.00 +P,'(' YES NO ILLEGAL SIGNS 2ND 9.50.030 INF 200.00 +P,"" YES NO ILLEGAL SIGNS 3RD 10.04.030 INF 50.00 +P /'' YES NO OFF STREET PARKING 10.04.290 10.12.010 10.12.010 10.12.010 12.16.110 12.16.030 15.08.010 15.04.010 INF INF INF INF INF INF INF INF 25.00 P/C YES NO 50.00 -P /C YES NO 100.00 P/C YES NO 200.00 -P/C YES NO 50.00 +P /C YES NO 50.00 +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 CODE VIOLATION OF UNIFORM BUILDING CODE P/C = Proof of correction P/A = Mandatory appearance M/A = Penalty Assessment (Court imposed fine. Percentage of the bail) +P /C = Fine, plus proof of correction 0. = No fine with proof of correction 100/25 = Reduced fine with proof of correction or higher fine within 1 year