RESOLUTION NO. 24-0004
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL REVISING AND REDUCING THE REQUIRED
DEPOSIT FOR APPEAL COSTS FOR CERTAIN
ADMINISTRATIVE CITATIONS
THE MANHATTAN BEACH CITY COUNCIL DOES HEREBY DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1 . Pursua nt to Government Code Section 53069.4(a)(1), the City Council may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. On September 6, 2016, the City Council adopted Ordinance No. 16 -0018 to add Chapter 1.06 to the Manhattan Beach Municipal Code (MBMC), which makes any violation of the Municipal Code enacted by the City subject to an administrative fine or penalty. Thereafter, the City Council has adopted ordinances which likewise make a ny violation of such ordinances subject to an administrative fine or penalty.
SECTION 2 . Ordinance No. 16 -0018 provides that the amount of the fine associated with the administrative citation will be assessed according to a schedule of fines adopted by the City Council.
SECTION 3. On September 6, 2016, the City Council adopted Resolution No. 16- 0057, which set forth fines and penalties for administrative citations pursuant to Government Code Section 53069.4 and Ordinance No. 16 -0018. The City Council has subsequently amended Resolution No. 16 -0057 to establish specific fines for specific violations.
SECTION 4 . Pursuant to MBMC Section 1.06.050, a person issued an administrative citation may request an appeal hearing. Since the adoption of Chapter
1.06, the City has required persons appealing administrative citations to deposit with the City both the amount of the fine and $1500 to cover the City costs associated with the appeal.
SECTION 5. Based upon the foregoing, the City Council now hereby revises and reduces the required deposit for appeals of administrative citations as follows:
(A) Where the violation would otherwise be a misdemeanor, the appeal deposit shall be $1500.
(B) Where the violation would otherwise be an infraction, the appeal deposit shall be $650 for each violation.
SECTION 6 . The adoption of this Resolution approves a schedule for appeal deposits and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.) pursuant to Public R esources Code Section 21080(b)(8)(A).
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED on January 16, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
JOE FRANKLIN
Mayor
ATTEST:
____________________________
LIZA TAMURA
City Clerk