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ORD 578 ORDINANCE NO. 578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS OF TITLES 1 AND 3 OF THE LA QUINTA MUNICIPAL CODE RELATED TO ADMINISTRATIVE CITATIONS WHEREAS, Titles 1 and 3 of the La Quinta Municipal Code relate to administrative citations and short-term vacation rentals respectively; and WHEREAS, the City has the authority to regulate businesses operating within the City; and WHEREAS, the proposed amendments are necessary to clarify process and standards for maximum citation amount allowed by state law or City’s Code, among other related regulations, as more particularly set forth in this Ordinance. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. The Sections of Titles 1 and 3 shall be amended as written in "Exhibit A" attached hereto and incorporated herein by reference. SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 4. The City Council does hereby grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would Ordinance No. 578 Amendments to Sections 1.09.020 & 3.25.090 to Allow Increased Fines Related to STVR Adopted: February 19, 2019 Page 3 of 6 TITLE 1 CHANGES Chapter 1.09 ADMINISTRATIVE CITATION 1.09.020 Authority and fines A. Any person or entity violating any provision of the La Quinta Municipal Code or applicable state law may be issued one or more administrative citations by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code or other codes adopted by the city council, or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code or any adopted code. B. Each and every day a violation of the municipal code or applicable state law exists constitutes a separate and distinct offense and shall be subject to citation. C. A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable as instructed on the administrative citation. D. Fines shall be assessed in the amounts specified by ordinance of the city council, and shall not exceed the maximum amount allowed by state law or this code, in which the latter amount shall be as follows: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation; and 3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation. (Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002) EXHIBIT A Ordinance No. 578 Amendments to Sections 1.09.020 & 3.25.090 to Allow Increased Fines Related to STVR Adopted: February 19, 2019 Page 4 of 6 TITLE 3 CHANGES Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.090 Violations A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including but not limited to applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Three Strikes Policy. Three violations of any provision of this chapter or this code within one year by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, with respect to any one residential dwelling will result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the City, pursuant to this chapter, to request a lifting of the suspension. E. Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citation) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows: 1. General STVR violations (occupancy/noise/parking) - Ordinance No. 578 Amendments to Sections 1.09.020 & 3.25.090 to Allow Increased Fines Related to STVR Adopted: February 19, 2019 Page 5 of 6  First violation: $500.00;  Second violation: $1,000.00;  Third violation: $1,500.00. 2. Operating a STVR without a valid short-term vacation rental permit -  First violation: $1,000.00;  Second violation: $1,500.00;  Third violation: $2,000.00. 3. Hosting a special event at a STVR without a special event permit as required by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code -  First violation: $5,000;  Second violation: $5,000.00. F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code.