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ORDINANCE 1480 ORDINANCE NO. 1480 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTIONS 1-2A-1, 1-2A-2, 1-2A-3, 1-2A-9 AND 1-2A-10 TO MAKE ANY VIOLATION OF THE EL SEGUNDO MUNICIPAL CODE SUBJECT TO AN ADMINISTRATIVE CITATION. The City Council of the City of El Segundo does ordain as follows: SECTION 1: El Segundo Municipal Code ("ESMC") § 1-2A-1 is amended to read as follows: "1-2A-1: PURPOSE: This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4 for the purpose of making any violations of this code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines." SECTION 2: ESMC §1-2A-2 is amended to read as follows: "1-2A-2 APPLICABILITY: This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which the city may pursue to address any violation of this code. The use of this chapter is at the sole discretion of the code enforcement officer." SECTION 3: ESMC §1-2A-3 is amended to read as follows: "1-2A-3: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: CITEE: The person(s) to whom a code enforcement officer issued an administrative citation pursuant to this chapter. CODE ENFORCEMENT OFFICER: City employees from the public works department, planning and building safety department, or fire department with the authority to enforce this code." SECTION 4: ESMC §1-2A-9 is amended to read as follows: 1 "1-2A-9: ISSUANCE OF PERMITS OR LICENSES: Should a code enforcement officer issue a citation because the citee lacks a required permit or license and the fine is delinquent, the city will not issue such permit or license until the delinquent fine, and any applicable penalties and interest, is paid." SECTION 5: ESMC §1-2A-10 is amended to read as follows: "1-2A-10: COMPLIANCE ORDERS: Before issuing an administrative citation for any violation of building, plumbing, electrical, or similar regulation set forth in this code or incorporated by reference, or any violation of title 15 of this code, the code enforcement officer must first issue a written compliance order to the person(s) responsible for the violation unless the violation constitutes an immediate threat to public health or safety. The code enforcement officer may, but is not required to, issue a compliance order for any other violation of this code. Any compliance order issued by a code enforcement officer must contain all of the following: A. The date on which, and geographic location where, the violation was observed; B. The section of this code violated; C. A description of the conditions causing the code violation; D. Actions required to correct the violation; E. A reasonable time period for the correction of the violation; F. Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified." SECTION 6_ This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in 2 the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review. (See specifically 14 CCR § 15378(b) (2, 5).) SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this 4th day of June, 2013. Bill Fisher, Mayor 3 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1480 was duly introduced by said City Council at a regular meeting held on the 21st day of May 2013, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of June, 2013, and the same was so passed and adopted by the following vote: AYES: Fisher, Jacobson, Fuentes, Atkinson, Fellhauer NOES: None ABSENT: None ABSTAIN: None eer F tbUliAk Tracy W=!ver, City 'lerk r APPROVED = • !. ' i ' Mark D. Hen-. r.-y, ',i. `• t..rney• By: J Karl H. B rger, Assist. City Attorney 4