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O2050 f:\atty\muni\laws\barry\zonecrime2d-1.wpd City Council Meeting 7-23-02 Santa Monica, California ORDINANCE NUMBER 2050 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9.04.20.30.100 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A CRIMINAL CHARGING SECTION FOR ZONING CODE VIOLATIONS WHEREAS, the City Council recently adopted an ordinance which enhanced streamlined and modified the City's system of code enforcement in various ways, including establishing new procedures for the imposition of administrative fines and for the imposition of administrative penalties; and WHEREAS, this ordinance continues to authorize criminal prosecution as one remedy for code enforcement and increased the criminal sanctions for repeat violators; and WHEREAS, a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to ensure Code compliance; and WHEREAS, even though the Municipal Code contains an "umbrella provision" which makes any violation a misdemeanor unless otherwise specified, criminal prosecution of certain zoning code requirements may be difficult because there is no explicit prohibition and no "charging section" which makes clear that it is a crime to engage in unauthorized uses and activities or development of property; and WHEREAS, this text amendment would remedy this problem by explicitly providing that no person shall engage in any use or activity or undertake any development in contravention of the Zoning Ordinance and establishing that Zoning Code violations may be filed as criminal prosecutions if the facts meet standards for criminal filing; and WHEREAS, on June 5, 2002, the Planning Commission adopted Resolution No. 02- 003 authorizing staff to prepare this proposed text amendment; and WHEREAS, on June 19,2002, the Planning Commission held a public hearing and forwarded a recommendation to the Council to adopt the proposed ordinance; and WHEREAS, for the reasons articulated above, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, including but not limited to, Land Use and Circulation Element Objective 1.1 and Housing Element Program 4.c in that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to ensure Code compliance and the use of criminal prosecution as one remedy for code enforcement is an essential component of a comprehensive code enforcement system; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment since effective code enforcement is vital to protecting City residents' health, safety, welfare, and quality of life, to preserving aesthetic qualities and charm which enrich residents' lives and attract visitors, and to assuring that the use of land continues to comply with local regulations after permits have been issued, 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.20.30.100 is hereby added to the Santa Monica Municipal Code to read as follows: Section 9.04.20.30.100 Criminal Sanctions. No person shall engage in any use or activity or undertake any development of property in contravention of this Chapter. Any person violating this provision shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 shall not affect the validity of the remaining portions ofthis Ordinance. The City Council hereby declares that it would have passed this 3 Adopted and approved this 23rd day of July, 2002. ~ " ' ......', :' .,,> , " " <" oj' ",''-' _ ' ,',' ::::~" -'_ ' ',_, , " ,: " ~' _,::::::::, ',' "~;,,',, ,i _", ,\' _ 'J"-' ,,/::::?: '" i ' ;u,,',::~,~~+' ",',' ',~ ,:\: .........., ..........~. ............. ....~....~..... ....'.. /'."'. ........ ....... '.. "..:.,:,.,........:.'..,.:....................................... .....,........ ... '..~ " 'L. .:,:, m:,!::m., . '. '" ""'. ~;ofCIIJIQl'Oi. ) .... . .... _. !.1ot.> ..~.,.....(...) 55. . .. of.....Mtmica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2050 (CCS) had it's introduction on July 9,2002, and was adopted at the Santa Monica City Council meeting on July 23, 2002, by the following vote: Council members: Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein Council members: None Abstain: Council members: None Absent: Council members: None yATTEST: J