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09-100 RESOLUTION NO. 09-100 A RESOLUTION OF THE CITY COUNCIL OF THECITY OF MENIFEE ADOPTING A SCHEDULE OF PARKING FINES AND ADMINISTRATIVE FINES APPLICABLE TO VIOLATIONS OF THE MENIFEE MUNICIPAL CODE AND VEHICLE CODE WHEREAS, state law now provides for cities to adopt and enforce (by contract or otherwise) their own parking citations and fines; and WHEREAS, as also allowed by law,the City Council recently adopted Chapter 1.03 to the Municipal Code, providing an administrative citation process for violation of City ordinances; and . WHEREAS, Chapter 1.03 also provides that the City Council shall set administrative fines by resolution; and WHEREAS, after due consideration and a review of state law, the City Council has determined that the violations of different City ordinances should have different fine schedules; and WHEREAS, based upon experience with attempting to obtain compliance with City ordinances from commercial uses,the City Council has determined that in order to the administrative fines for such commercial businesses should be larger than those for residential uses; and WHEREAS, state law (Civil Code Section 2929.3)now provides a penalty of S 1000 per day for the owner's failure to maintain vacant residential property obtained through foreclosure after the due process provisions of that section or of a similar local i ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERS AND RESOLVES AS FOLLOWS: Section 1. Schedule of Fines: Parking The fines for parking violations are set out on Exhibit A, attached and incorporated here. Section 2. Schedule of Fines: Administrative Citations (A) Except as otherwise provided in this Resolution,the administrative fines for violation of a City ordinance shall be the same as those criminal penalties set out in Govt. Code Section 36900(b) for violations of city ordinances, as follows: Resolution 09-100 Administrative and Parking Fines $100 for the first violation $200 for the second violation of the same provision when the second violation occurs within three years of the first violation $500 for the third violation when the third violation occurs within three years of the second violation. (B) For violations of City ordinances regarding building and safety: $100 for the first violation $500 for the second violation of the same provisions when that occurs within three years of the first violation $1,000 for the third violation when that occurs within three years of the second violation (C) For violations under Civil Code Section 2929.3 or as provided by City ordinance pursuant to such authority (failure to maintain foreclosed property): $1000/day until the violation is remedied Section 3. Late Payment Charges: The amount of the late payment charge for a fine paid after its due date shall be the amount of additional cost to the City to process the later payment, which amount has been determined to be 25 percent of the fine amount. Section 4. Effective Date: This Resolution shall take effect on the date of its adoption. Passed, approved and adopted this 7`h day of July, 2009,by the following votes: AYES:4.P/Y1, exl dc4vtf A-, *kAprLs6, rlago v T a-1-1 NOES: " IPLO ABSTAIN:7104La ABSENT: Wallace W. Edgerton, MaiVr ATTEST: KathyKathy B� Clerk 2 Bail Schedule Parking City of Menifee Exhibit A Legal Code Key code Violation Description Amount 12.20.120 (a) PARKED VEHICLE FOR SALE ON CITY STREET $55.00 12.20.120 (b) (1) PARKED VEHICLE FOR SALE ON PRIVATE PROPERTY $55.00 12.20.140 TRUCK/COMMERCIAL VEH PKD ON RESIDENTIAL ST $250.00 12.20.080 LOADING ZONES; PARKING IN ALLEY ONLY TO LOAD/UNLOAD $50.00 12.20.030 PARKED ON STREET IN EXCESS OF 72 HRS $55.00 12.20.130 HANDICAPPED PARKING WITHOUT PERMIT $400.00 12.20.150 RECREATIONAL VEHICLE PARKING IN RESIDENTIAL DISTRICT $55.00 12.20.160 RECREATIONAL VEHICLE PARKING WHERE POSTED NO PARKING $55.00 21113(A) 21113A DRIVING/PARKING ON PUBLIC GROUNDS $40.00 21211(A) 21211A STOPPING/PARKING IN BICYCLE LANE $40.00 22500 22500 NO STOP/STAND/PARK/UNATTENDED $75.00 22500(A) 22500A PARKING WITHIN INTERSECTION $50.00 22500(B) 22500B PARKING IN CROSSWALK $50.00 22500(C) 22500C BETWEEN SAFETY ZONE AND CURB $50.00 22500(D) 22500D PARKED W/IN 15 FT FIRE STATION DRIVEWAY $55.00 22500(E) 22500E PARKING BLOCKING A DRIVEWAY $30.00 22500(F) 22500F PARKING ON A SIDEWALK $30.00 22500(G) 22500G BY EXCAVATION/TRAFFIC OBSTRUCTED $40.00 22500(H) 22500H DOUBLE PARKED $30.00 22500(1) 225001 PARKING IN A POSTED BUS ZONE $285.00 22500(K) 22500K PARKING ON A BRIDGE $40.00 22500(L) 22500L PARKING BLOCKING WHEELCHAIR ACCESS $400.00 22500.1 225001 PARKING IN POSTED FIRE LANE $350.00 22502(A) 22502A 18" FROM CURB/PKG FACE WRONG DIRECTION $30.00 22507.8(A) 225078A PARKING IN SPACE DESIGNATED FOR DISABLED $400.00 22507.8(8) 225078B OBSTRUCT SPACE DESIGNATED FOR DISABLED $400.00 22507.8(C) 225078C PARKED IN CROSS-HATCH AREA FOR DISABLED $400.00 22514 22514 PARKING WITHIN 15FT OF FIRE HYDRANT $75.00 22515(A) 22515A UNATTENDED VEHICLE $40.00 22515(B) 22515B UNATTTENDED VEH WHEEL NOT BLKD/BRAKE NOT SET $40.00 22516 22516 PARKING-LOCKED VEHICLE WITH PERSON INSIDE $75.00 22521 22521 PARKING WITHIN 7 1/2'OF RAILROAD RAIL $40.00 22522 22522 PARKING WITHIN 3FT OF SIDEWALK ACCESS RAMP $400.00 22523(B) 22523B ABANDONED VEHICLE PUBLIC/PRIVATE PROPERTY $280.00 22526(A) 22526A GRIDLOCK/INTERSECTION OR MARKED CROSSWALK $50.00 22526(B) 225268 GRIDLOCKITURNiNG MOVEMENT $50.00 22658 22658 UNAUTHORIZED PARKING PRIVATE PROPERTY $100.00 26710 26710 DEFECTIVE WINDSHIELD $40.00 31303(D) 31303D COMM VEH PKD IN RES DIST-HAZARDOUS WASTE $200.00 4000(A)(1) 4000A1 UNREGISTERED VEHICLE $80.00 40226 40226 FAILURE TO PROPERLY DISPLAY DISABLED PLACARD $25.00 413.30 SEC 1.10 41330110 PARKED WITHIN 15 FT COMMUNITY MAIL BOX $100.00 413.30 SEC 1.3 4133013 PARKED OVER 72 HOURS $55.00 413.30 SEC 1.3(B 4133013 PARKED OVER 72 HOURS-MOVED W/I 500FT $100.00 413.30 SEC 1.8 4133018 PARKING ODOURUS TRUCKIrRAILER $100.00 5200 5200 MISSING/DISPLAY OF PLATES $60.00 5204(A) 5204A REGISTRATION TABS $50.00 TBD TBD UNATTACHED TRAILER $35.00