TO:
Honorable Mayor and Members of the City Council
FROM:
Bruce Moe, City Manager
SUBJECT:Title
Consideration of a Resolution Revising and Reducing the Required Deposit for Appeals of Administrative Citations (City Manager Moe).
ADOPT RESOLUTION NO. 24-0004
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-0004, to revise and reduce the required deposit for the costs incurred by the City in connection with an appeal of an administrative citation...Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action unless the costs associated with an appeal of an administrative citation issued in lieu of an infraction exceeds the recommended deposit of $650.
BACKGROUND:
Violations of the Manhattan Beach Municipal Code (MBMC) and city ordinances are prosecuted as misdemeanors, unless: (1) it is specifically stated in the applicable MBMC chapter or ordinance that the violation is an infraction; (2) such violation is subsequently prosecuted as an infraction; or (3) the City exercises the administrative remedy for any violation of the Code, pursuant to MBMC Chapter 1.06, adopted by Ordinance 16-0018 (attached) on September 6, 2016.
Per MBMC Section 1.04.010 and applicable state law:
Misdemeanors shall be punishable by:
1. A fine of not more than $1,000; or
2. Imprisonment for a period not exceeding six months; or
3. Both such fine and imprisonment.
Persons committing an infraction shall pay a fine up to:
1. $100.00 for a first violation;
2. $200 for a second violation;
3. $500 for each additional violation within one year.
Resolution No. 16-0057 (attached), adopted concurrently with Ordinance No. 16-0018, mirrors the above fines for administrative citations. At various time since the adoption of Resolution No. 16-0057, the City Council has set specific fines for specific violations. For instance, pursuant to Government Code Section ...
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