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