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Resolution No. 2025-021RESOLUTION NO. 2025-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AMENDED ADMINISTRATIVE CITATION AND CIVIL PENALTIES FEE SCHEDULES PURSUANT TO THE VERNON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 2011-195 SECTION 1. Recitals. A. On November 15, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-195 establishing and adopting administrative citation and civil penalties fee schedules pursuant to the Vernon Municipal Code. B. The Director of Public Works has recommended that the fees for administrative citations and civil penalties be amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby adopts the administrative citation fees as set forth in the schedule attached hereto as Exhibit A. SECTION 4. The City Council of the City of Vernon hereby adopts civil penalties as set forth in the schedule attached hereto as Exhibit B. SECTION 5. All resolutions or parts of resolutions, specifically Resolution No. 2011-195, not consistent with or in conflict with this resolution are hereby repealed. / / / / / / / / / / / / / / /           Resolution No. 2025-021 Page 2 of 7 _______________________ SECTION 6. The City Clerk, or Deputy City Clerk, shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 7. This resolution shall become effective upon the effective date of Ordinance No. 1308. APPROVED AND ADOPTED September 2, 2025. ________________________ LETICIA LOPEZ, Mayor ATTEST: GENOVEVA ROCHA, City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney           Resolution No. 2025-021 Page 3 of 7 _______________________ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I do hereby certify that the attached is a true copy of Resolution No. 2025-021 that was passed and adopted at the Regular Meeting held on September 2, 2025, by the following vote: AYES: Larios, Merlo, Rivera, Ybarra, Lopez NOES: ABSENT: ABSTAIN: __________________________ GENOVEVA ROCHA, City Clerk           EXHIBIT A ADMINISTRATIVE CITATION SCHEDULE A violation of any provision of any section of the City Code or any California Building Code adopted by the City may be subject to an administrative citation fine pursuant to the below schedule: Except as provided in the chart below, and except as provided for violations of local building and safety codes (Municipal Code Title 15) the administrative citation fine for a Municipal Code violation, whether designated as a misdemeanor or infraction, shall be $100 for a first violation, $200 for a second violation of the same ordinance within one year, and $500 for a third violation of the same ordinance within one year. Except as provided in the chart below, the administrative citation fine for a violation of any provision within Municipal Code Title 15, whether designated as a misdemeanor or infraction, shall be $130 for a first violation, $700 for a second violation of the same ordinance within one year, $1,300 for a third violation of the same ordinance within one year of the first violation, and $2,500 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. Chapter of Article of City Code containing provision that was violated Title 1st Offense 2nd Offense (within one year) 3rd Offense (within one year of first offense) 4th Offense or More Chapter 5.12 Permit Enforcement $500 $500 $500 $500 Chapter 5.56 State Video Franchises $500 $1,000 $2,500 $2,500 Chapter 6.04 General Provisions $500 $500 $500 $500 Chapter 8.08 Fireworks $500 $750 $1,000 $1,000 Chapter 8.15 Single-use Foodware Accessory and Standard Condiment Reduction Fine of $25 per day not to exceed $300 annually N/A N/A N/A Chapter 8.28 Food Protection Program Fine of $25 per day not to exceed $1,000 annually N/A N/A N/A Chapter 9.16 Weapons $500 $500 $500 $500 Chapter 9.36 Living Wages $100 per day N/A N/A N/A Title 11 Oil and Gas Wells $100 $500 $1,000 $1,000 Title 12 Streets, Sidewalks and Public Places $100 $500 $1,000 $1,000 Resolution No. 2025-021 Page 4 of 7 ____________________           Chapter of Article of City Code containing provision that was violated Title 1st Offense 2nd Offense (within one year) 3rd Offense (within one year of first offense) 4th Offense or More Chapter 12.10.060(A) for failure to obtain a permit Sidewalk Vending Written warning $250 $500 $1,000 Chapter 12.10.060(B) Sidewalk Vending Written warning $100 $200 $500 Title 13 Public Services $100 $500 $1,000 $1,000 Late payment charges: Any person who fails to pay to the City on or before the due date of the administrative fine imposed shall be subject to a late fee of 25% of the administrative fine for each and every thirty (30) day period after the fine is due. Resolution No. 2025-021 Page 5 of 7 ____________________           EXHIBIT B CIVIL PENALTIES Any person in violation of any provision of the City Code or any regulation enforced by the city may be subject to the assessment of civil penalties. The maximum amount of penalties shall not exceed one hundred thousand dollars ($100,000) annually for every series of violations of the same code section or provision. A violation shall include not only the act or omission, constituting the violation, but it shall also include causing, allowing, permitting, aiding, abetting, suffering, withholding, or concealing the fact of such act or omission occurred or destroying or tampering with evidence associated with the act or omission. Each and every day a violation exists, constitutes a separate and individual offense. The penalty may commence on the date when the City first discovered the violation as evidenced by the issuance of a compliance order, administrative citation or any other written correspondence. In determining the amount of the daily civil penalty the enforcement official shall consider some or all of the following factors: Duration of the violation: ii The frequency or recurrence of the violation; iii The history of the violation; iv The seriousness of the violation; v The responsible party’s conduct after the issuance of notice or order; vi The reasonable party's good faith effort to comply; vii The economic impact of the penalty on the responsible party; and viii Impact of violation on the community. The following table may serve as a guideline for establishing the daily civil penalty: Resolution No. 2025-021 Page 6 of 7 ____________________           1) The responsible party is aggressively pursuing correction of the violation. 2) The duration of the violation is more than double the time it could have reasonably been corrected. 3) Same violation impacts neighboring properties. 4) The violation impacts neighboring properties.Daily Civil Penalty Violation poses an immediate threat to life, property or the environment and was caused by an unavoidable accident or without knowledge that the responsible parties conduct caused a violation. X X $1,000 X $1,250 X $750 Violation does not pose an immediate threat to life, property or the environment and was caused by the willful conduct and knowledge of the violation by the responsible party. X $200 X $400 X $500 X $400 Violation does not pose an immediate threat to life, property or the environment and was caused by an accident or without knowledge that the responsible parties conduct caused a violation. X $100 X $200 X $400 X $200 1. The Civil penalty may be reduced by up to 75% if it will cause an unacceptable economic impact to the responsible party. 2. The Civil penalty maybe increased by 25% if more than one of the columns would be checked, maximum civil penalty is $2,500.00 a day: Resolution No. 2025-021 Page 7 of 7 ____________________           City Council Agenda Report Meeting Date:September 2, 2025 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Daniel S. Wall, P.E., Director of Public Works Subject Code Enforcement Update Recommendation A. Find that the proposed action is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that the proposed Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment; B. Introduce, read by title only, and waive further reading of Ordinance No. 1308 Amending Certain Sections of Chapters 1.08 (Administrative Citations), 8.20 (Nuisances), and 10.16 (Parking Regulations) of the Vernon Municipal Code regarding Public Nuisances, Administrative Citations, and Enforcement of Code Violations; C. Direct staff to schedule the adoption for the September 16, 2025, Regular City Council Meeting; and D. Adopt Resolution No. 2025-021 adopting amended Administrative Citation and Civil Penalties Fee Schedules pursuant to the Vernon Municipal Code and repealing Resolution No. 2011-195. Background The Vernon Municipal Code (VMC) dictates the general laws of the City as enacted by ordinances of the City Council. The VMC contains regulations related to many areas including, but not limited to, building and safety, zoning, nuisances, and parking. The goal of code enforcement is compliance with the VMC. In most instances, compliance is achieved through outreach and education. Generally, property owners and tenants are willing to remedy any noncompliance after a few interactions with City staff. However, in some instances, additional tools are required to obtain compliance. Having reviewed the existing enforcement provisions of the VMC, and in discussions with the Public Works Department, Police Department and code enforcement personnel, the City Attorney’s office drafted the proposed ordinance to better enable the City to preserve the Vernon community. The four primary enforcement tools include: 1.Administrative citations and civil penalties—issued by City Code Enforcement Officers, these are essentially “tickets” that include fines. An administrative appeal is available to challenge these citations and civil penalties. 2.Criminal prosecution—this includes criminal cases filed as infractions (potential fines) or misdemeanors (potential fines and jail). 3. Nuisance Abatement—a civil lawsuit or proceeding, brought to achieve compliance with the code where there is the potential for recovery of the City’s costs and attorney’s fees through liens or court orders. 4.Administrative Abatement – an administrative proceeding to declare a property or condition of a property a public nuisance. If a hearing officer or local appeals board determines that a public nuisance exists, the owner is required to abate the nuisance. In the event the owner does not comply, the City may obtain a warrant from the superior court, perform the abatement itself, and recover its costs. The proposed ordinance revises the City’s Municipal Code and includes the following revisions and additions: 1. Amendments to Chapter 1.08 to achieve the following: A. Update the fine amounts as allowed by State law for violations of local building and safety codes; B. Clarify code enforcement personnel’s authority to issue criminal citations for Municipal Code violations and the City Attorney’s authority to prosecute Municipal Code violations or file civil actions to abate public nuisance conditions; C. Strengthen the definition of public nuisance to include any code violation or violation of a City-issued land use permit, approval, or license, and clarify that property owners are responsible for Municipal Code violations committed and public nuisance conditions created by their tenants; D. Authorize the recovery of attorney’s fees by the prevailing party in nuisance abatement actions and administrative proceedings. State law authorizes cities to adopt ordinances providing for the recovery of attorneys’ fees by the prevailing party in public nuisance actions. The Municipal Code does not currently allow for the recovery of attorneys’ fees. Violators, therefore, are not required to reimburse the City for legal costs that it incurs when bringing a property into compliance. The proposed ordinance brings the Municipal Code in line with state law and allows the prevailing party in any administrative or judicial action to abate a nuisance to recover its fees. The recovery of such fees is critical; not only does fee recovery deter violations in the first instance, but it also deters violators from engaging in unnecessary litigation tactics. Please note that fee recovery under this proposed ordinance will only be available if the City elects at the outset of the action to recover its fees and the amount to be recovered cannot exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding; E. Update applicable definitions to be consistent with the proposed amendments and state law and make grammatical and capitalization revisions where appropriate; F. Create a Local Appeals Board for administrative appeals related to building code violations. Under California Building Code section 1.8.8.1, there must be a Local Appeals Board to hear appeals related to the violation of any of the uniform building codes that the City adopts and incorporates every three years. In the absence of an appointed Local Appeals Board, the City Council would serve as the Local Appeals Board; and G. Add Section 1.08.090 regarding payment plans for administrative citations and civil penalties. A payment plan would be available for those responsible parties that abated the nuisance for which they were cited or have submitted an acceptable plan for abatement of the nuisance. Payment plans would be subject to approval by the Public Works Director. 2. Amendments to Chapter 8.20 to achieve the following: A. Revisions to administrative appeal procedures to include references to the Local Appeals Board where appropriate; B. Updates to the provisions regarding administrative abatement and cost recovery to ensure consistency with the overall code update, including authority and procedures to recover attorney’s fees as appropriate; C. Revise the provisions relating to the procedures for imposing special assessments and liens for the recovery of administrative abatement costs to ensure consistency with state nuisance abatement law, as set forth in Government Code sections 38773.1 and 38773.5; and D. Update the City’s procedures for those rare instances in which City personnel must act immediately to abate a public nuisance that poses an immediate threat to public health and safety. These updates are necessary to ensure that any emergency abatement action will comply with a responsible party’s due process rights and preserve the City’s ability to recover its abatement costs. 3. Amendments to Chapter 10.16.060 to authorize the application of the Vehicle Code to Furlong Place and to authorize parking enforcement by City personnel on this City-owned, private residential street. This would allow the ability to issue citations as a means of parking enforcement instead of towing vehicles as is currently the only option. Resolution No. 2025-021 amends the fees for administrative citations and civil penalties as updated by Ordinance No. 1308. As such, Resolution No. 2025-021 would become effective upon the effective date of Ordinance No. 1308. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Ordinance No. 1308 2. Resolution No. 2025-021 3. Notice to Furlong Place Tenants (English) 4.Notice to Furlong Place Tenants (Spanish) August 11, 2025 Subject: Proposed Changes to Parking Enforcement on Furlong Place Dear resident: The Vernon City Council will be discussing possible changes to parking regulations on Furlong Place at their meeting on: Date: September 2, 2025 Time: 9:00 a.m. Location: Vernon City Hall – Council Chamber (4305 S. Santa Fe Ave., Vernon CA 90058) Currently, parking on Furlong Place is by permit only, and each vehicle must park in its assigned space. If Furlong Place tenants have guests, they may park in designated guest parking spaces, but must display a valid guest parking permit, and may only park for up to 24 hours. At this time, the Vernon Police Department can only enforce these rules by towing vehicles that are parked illegally. The proposed changes to certain sections of Chapters 1.08 (Administrative Citations), 8.20 (Nuisances), and 10.16 (Parking Citations) of the Vernon Municipal Code, would give the Police Department the additional option of issuing parking tickets for violations, instead of towing as a sole measure of regulation enforcement. We encourage you to share your thoughts about this proposed change at the upcoming City Council meeting noted above or by submitting written comments to PublicComment@CityofVernonCA.gov with the meeting date and item title in the subject line (email must be received at least two hours prior to the start of the meeting). Sincerely, Daniel S. Wall, P.E. Director of Public Works City of Vernon 11 de agosto de 2025 Asunto: Cambios propuestos para el control del estacionamiento sobre Furlong Place Estimado/a residente: El Consejo Municipal de la ciudad de Vernon discutirá posibles cambios en el reglamento de estacionamiento sobre Furlong Place durante su reunión el: Fecha y Hora: 2 de septiembre de 2025 a las 9:00 a.m. Ubicación: Ayuntamiento – Cámara del Consejo (4305 S. Santa Fe Ave., Vernon CA 90058) Actualmente, el estacionamiento sobre Furlong Place es solo con permiso, y cada vehículo debe estacionarse en su espacio asignado. Si los inquilinos de Furlong Place tienen invitados, pueden estacionarse en los espacios designados para invitados, pero deben mostrar un permiso válido y solo pueden estacionarse por un máximo de 24 horas. Por el momento, el Departamento de Policía de Vernon solo puede hacer cumplir estas normas remolcando vehículos estacionados ilegalmente. Las modificaciones propuestas a ciertas secciones de los Capítulos 1.08 (Citaciones Administrativas), 8.20 (Molestias) y 10.16 (Multas de Estacionamiento) del Código Municipal de Vernon otorgarían al Departamento de Policía la opción adicional de emitir multas de estacionamiento por infracciones, en lugar de remolcar como única medida para hacer cumplir la normativa. Lo invitamos a compartir sus ideas sobre este cambio propuesto en la próxima reunión del Concejo Municipal indicada anteriormente o enviando comentarios por escrito a PublicComment@CityofVernonCA.gov con la fecha de la reunión y el título del tema en el asunto (el correo electrónico debe recibirse al menos dos horas antes del inicio de la reunión). Atentamente, Daniel S. Wall, P.E. Director de Obras Públicas Ciudad de Vernon