Long Beach, CA
File #: 11-0553    Version: Name: DS - ORD Amend MC-Admin Citations/Penalties
Type: Ordinance Status: Adopted
File created: 5/12/2011 In control: City Council
On agenda: 6/14/2011 Final action: 6/14/2011
Title: Recommendation to declare ordinance amending the Long Beach Municipal Code Subsections 3.90.020.A, 9.37.090.B, and 9.65.060.D.4 relating to updating section references to Title 18, and Subsection 9.65.140.A relating to allowing delinquent fees to accrue interest where administrative citations have been issued read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
Sponsors: Development Services
Indexes: Fee
Code sections: 3.90.020 - Surcharge., 9.37.090 - Nuisance defined., 9.65 - Administrative Citations and Penalties
Attachments: 1. 060711-ORD-24sr&att.pdf, 2. 061411-ORD-19att.pdf, 3. ORD-11-0012.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
6/14/20112 City Council approve recommendation and adoptPass Action details Meeting details Not available
6/7/20111 City Council declare ordinance read the first time and laid over to the next regular meeting of the City Council for final readingPass Action details Meeting details Not available
TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code Subsections 3.90.020.A, 9.37.090.B, and 9.65.060.D.4 relating to updating section references to Title 18, and Subsection 9.65.140.A relating to allowing delinquent fees to accrue interest where administrative citations have been issued read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)

DISCUSSION
City Council adopted Chapter 9.65, Administrative Citations and Penalties on March 1, 2005 (Chapter 9.65). This Chapter provides administrative remedies to more effectively adjudicate the majority of nuisance-related code violations as identified in Titles 3, 5, 8, 10, 14, 18 and 21 of the Long Beach Municipal Code. The use of Chapter 9.65 (Administrative Citation program) and the establishment of appropriate fines act as a reasonable deterrent in preventing municipal code related violations.

Staff is requesting changes to Section 9.65.140.A to allow liens to accrue interest. Since the implementation of Chapter 9.65, collection of administrative fines has been accomplished via departmental notices, collections, and small claims court. The ordinance also allows for the imposition of a lien against the real property on which the violation occurred. The Department of Development Services has used all of the tools described above and has determined that the use of a lien is a better method for recovering costs incurred by the City.

Title 8 and Title 18 of the Long Beach Municipal Code impose liens due to non-payment and also charges interest at the rate of 12 percent per annum until paid. In an effort to standardize collection processes in the City, staff is recommending that Chapter 9.65 be amended to clarify that any delinquent fines which result in the filing of a lien would also bear interest at the rate of 12 percent per annum until paid.

Staff would also recommend changes to Section 9.65.060.D, 9.37.090.B and 3.90...

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