HomeMy WebLinkAbout15-071 CC Resolution RESOLUTION NO. 15-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE ADMINISTRATIVE
CITATION SCHEDULE FOR VIOLATIONS OF CHAPTER
8.28 OF THE TEMECULA MUNICIPAL CODE, RELATING
TO WATER QUALITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. This Resolution is adopted with respect to the following
facts and purposes:
A. On February 10, 1998, City Council adopted Ordinance No. 98-04, which
established administrative procedures and penalties for violations of the Temecula
Municipal Code, as well as Resolution No. 98-14, which specifically established the
administrative citation schedule.
B. On November 10, 2010, the San Diego Regional Water Quality Control
Board (Board) issued a new National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit to the Santa Margarita River
permittees of Riverside County (Order No. R9-2010-0016, NPDES No. CAS0108766).
The Santa Margarita River permittees consist of the cities of Temecula, Murrieta and
Wildomar, the County of Riverside and Riverside County Flood Control and Water
Conservation District.
C. On June 26, 2012, the City Council adopted Ordinance No. 12-05, which
revised Chapter 8.28 of the Temecula Municpal Code, entitled "Stormwater and Urban
Runoff Management and Discharge Controls" to update said Chapter to be consistent
with the most recent Santa Margarita River MS4 Permit.
D. Temecula Municipal Code Section 8.28.320 ("Enforcement") provides that
violations of Chapter 8.28, relating to stormwater management and water quality, shall
be prosecuted pursuant to the provisions of Chapters 1.20 (General Penalty) and 1 .21
(Administrative Penalties — Citations) of the Temecula Municipal Code and may be
abated as public nuisances pursuant to Chapter 8.12 of the Temecula Municipal Code.
E. Temecula Municipal Code Section 8.28.410 ("Penalties") additionally
provides that "[a]ny violation of the terms, conditions and requirements, relating to the
control of discharges to the storm drain system, of any permit issued by the City shall
constitute a violation of this chapter and subject the violator to the administrative civil
and criminal remedies available under [Chapter 8.28 of the Temecula Municipal Code]."
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F. Temecula Municipal Code Section 1.21.060 ("Administrative Fine")
provides that "[t]he fine imposed pursuant to [Chapter 1.21] for a particular violation
shall be in the amount set forth in the administrative citation schedule established by
resolution of the City Council."
G. To maximize the City's efforts in improving water quality and to avoid
negative impacts to receiving waters, it is now necessary to establish administrative
citation fine amounts specifically for violations of Chapter 8.28 of the Temecula
Municipal Code relating to water quality violations.
I-I. City staff conducted a survey of other local jurisdictions and their
respective fine schedules for similar water quality violations and propose to make the
new fines consistent with the geographical area.
This Resolution amends the City of Temecula's Schedule of
Administrative Fines, only as to violations of Chapter 8.28 of the Temecula Municpal
Code, as authorized by Section 1.21.060 of the Temecula Municipal Code.
Section 2. Schedule of Administrative Citation Fines for Violations of Chapter
8.28 of the Temecula Municipal Code. The City Council of the City of Temecula hereby
determines and orders that the administrative citation fine amounts for violations of
Chapter 8.28 of the Temecula Municipal Code shall be those established and described
in the Water Quality Administrative Citation Schedule attached to this Resolution as
Exhibit A and incorporated herein as though set forth in full.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of December, 2015.
V ��
Jeff Comerchero, Mayor
ATTEST.
a
Ra :' Johl Clerk
[SEAL]
Resos 15-71 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 15-71 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 8th day of December, 2015, by the following
vote:
AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
eg ---
Randi Johl, City Clerk
I
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EXHIBIT A
WATER QUALITY ADMINISTRATIVE CITATION SCHEDULE
Description of Citation (1) Citation Amount
First Offense $100
Second Offense $200
Third Offense $500
Fourth Offense $750
Fifth Offense(2) $1,000
(1) These citations shall also apply if the occurrences are not corrected in a timely
manner as directed by the City Engineer. If the City Engineer determines that a
violation poses an immediate threat to receiving waters, or their respective aquatic or
riparian habitats, or the well-being of the general public, the sequence of the
administrative citations may vary to reflect the severity of the violation.
(2) Beginning with the issuance of the fifth administrative citation, each subsequent
occurrence will constitute a misdemeanor in which the City shall issue a daily civil
penalty of One Thousand Dollars ($1,000) for a period of five consecutive calendar days
or until the violation is corrected, whichever occurs first. If the violation has not been
corrected within this time period, the City will seek an injunctive relief against the
violator as it continues to issue $1,000 civil penalties on a daily basis throughout the
injunction process.
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