HomeMy WebLinkAbout2008-03-25 - AGENDA REPORTS - MUNICODE FINE SCHEDULE (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
March 25, 2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, AMENDING THE FINE SCHEDULE
PURSUANT TO SANTA CLARITA MUNICIPAL CODE
§23.20.060 AND FIRST READING OF AN ORDINANCE
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND
RESTATING SECTION 11. 12.070 OF TITLE 11, CHAPTER 11.12
OF THE CITY OF SANTA CLARITA MUNICIPAL CODE
PERTAINING TO PENALTIES FOR INTERFERENCE WITH
CITY PROPERTY OR NOTICES".
Community Development
RECOMMENDED ACTION
City Council approve a Resolution amending the fine schedule pursuant to Chapter 23.20 of the
Santa Clarita Municipal Code and, introduce and pass to second reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA AMENDING AND RESTATING SECTION 11. 12.070 OF. TITLE 11,
CHAPTER 11.12 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING
TO PENALTIES FOR INTERFERENCE WITH CITY PROPERTY OR NOTICES".
BACKGROUND
At the February 12, 2008 City Council meeting, Councilmember Boydston suggested penalty
fees be increased for "bandit signs" in order to be more aggressive in the enforcement of signs
placed in the right of way.
Signs posted on the City's right of way is a growing problem in the City of Santa Clarita. The
City frequently receives complaints from businesses and residents regarding signs placed on
sidewalks, parkways and utility poles. It is a blight that affects the aesthetics of the entire
community and lowers property values.
Ordinance passed to
Second reading
Currently, enforcement actions have primarily focused on abatement of the signage to deprive the
violating parties of the advertising exposure to pedestrians and motorists. Community
Preservation staff is regularly scheduled twice a month to abate the signs. One Saturday a month
for four hours, two staff members are responsible for removing signage along the major
thoroughfares within the city limits. Also one Thursday a month, the entire Community
Preservation staff for three hours, removes signs from the City's major thoroughfares in addition
to some side streets. Unfortunately, abatement has not deterred these entities from placing new
signs in the right of way. These signs provide a distraction to motorists and can inhibit access to
pedestrians on the sidewalks.
The Santa Clarita Municipal Code 11.12.070 considers this violation as an infraction, subject to a
$250 criminal fine. The amendment will change the violation to a misdemeanor and subject to a
$1000 fine. As a misdemeanor, this fine will be imposed by the court. Under the discretion of
the prosecuting attorney or the presiding judge, the amount of the fine can be reduced.
When administrative citations are written for right of way sign violations by staff, the current
fines pursuant to Chapter 23.20 are $50 for the first violation, $100 for the second violation and
$250 for the third violation.
The Resolution will provide a more aggressive enforcement action to those violating parties who
frequently have signs placed on the right of way. During the abatement process, staff will
photograph the signs and notify the businesses involved that their signage violates the Santa
Clarita Municipal Code. Upon subsequent observance of signage in the right of way from
businesses which have been notified by staff, administrative citations in the amount of $250 will
be issued for each violation. Should the businesses not comply following the first administrative
citation, a second citation will be written in the amount of $1,000 for each violation.
This change in the Municipal Code will provide a deterrent to individuals who wish to use the
public right of way as a location for advertising their goods or services. The process to enforce
this code will involve abatement and notification from enforcement staff for the initial violation.
Subsequent violations will result in administrative citations being issudd and then court action
should the violations persist.
ALTERNATIVE ACTIONS
No alternative actions have been identified.
FISCAL IMPACT
There is no fiscal impact to the City's General Fund by approving this amendment.
ATTACHMENTS
Resolution
Ordinance
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE FINE SCHEDULE
PURSUANT TO SANTA CLARITA MUNICIPAL CODE §23.20.060
WHEREAS, the City Council of the City of Santa Clarita recognizes the detrimental
effects on the aesthetics of the community from signs posted on the public right of way
WHEREAS, on August 24, 2004 the City of Santa Clarita adopted Ordinance 04-8
("Citation Ordinance") which adds 23.20, entitled "Administrative Citations" and consisting of
23.20.010 to 23.20.270, to TITLE 23 of the Santa Clarita Municipal Code ("SCMC") and allows
City enforcement officers to issue administrative citations for SCMC violations;
WHEREAS, the citation ordinance allows to be fine amounts to be adopted by City
Council resolution;
WHEREAS, this resolution is adopted pursuant to SCMC 23.20.060 and
Government Code §53069.4(a)(1);
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows:
SECTION 1. The fine amounts for the violation of illegal signage in the right of way
increase from $50 for the first violation to $250 and the second and any additional violation of
the same provision within one year of the first violation increase from $100 to $1000.
SECTION 2. To the extent any provision of this Resolution is incompatible with or at
variance with any prior adopted resolution, the provisions of this Resolution take precedence, and
all previous resolutions will be interpreted to harmonize with and not change the provisions of
this Resolution.
SECTION 3. This resolution shall take effect. from and after its date of passage,
approval, and adoption.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the day of , 2008, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
CITY CLERK
2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 08- , adopted by the City Council of the
City of Santa Clarita, California on 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
52008.
Sharon L. Dawson, CMC
City Clerk
By
Susan Caputo
Deputy City Clerk
91
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA
AMENDING AND RESTATING SECTION 11.12.070
OF TITLE 11, CHAPTER 11.12 OF THE CITY OF
SANTA CLARITA MUNICIPAL CODE PERTAINING
TO PENALTIES FOR INTERFERENCE WITH CITY
PROPERTY OR NOTICES.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS
FOLLOWS:
SECTION 1. Adoption of Section 11.12.070. Section 11. 12.070 of Title 11, Chapter 11.12 of
the City of Santa Clarita Municipal Code is amended and restated to read as follows:
11.12.070. Violation — Penalty.
Any violation of the provisions of this chapter constitutes a misdemeanor and in addition
to any other available penalties or remedies will be subject to the penalties set forth in
Chapter 23.10 of this code.
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
LA 44828-9254-0162 vl
PASSED, APPROVED AND ADOPTED this day of 52008.
Bob Kellar, Mayor
ATTEST:
Sharon Dawson, City Clerk
APPROVED AS TO FORM:
Carl K. Newton, City Attorney
LA #4828-9254-0162 v]
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF SANTA CLARITA )
1, Sharon Dawson, City Clerk of the City of Santa Clarita, hereby certify that the foregoing
Ordinance No. _ was passed and adopted by the City Council of the City of SANTA
CLARITA at a regular meeting of the Council held on the day of
2008 and that such Ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
Sharon Dawson, City Clerk
LA #4828-9254-0162 v)