HomeMy WebLinkAboutPC Resolution 88-122
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RESOLUTION P.C. 88-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING A TEXT ADMENDMENT ESTABLISHING
PENALTIES FOR CONDITIONAL USE PERMIT VIOLATIONS.
WHEREAS, the Planning Commission held a public hearing on
February 2, 1988 to receive oral and written testimony on this
matter and made the following Findings:
A. The Planning Commission desires to create a means of enforcing
the City's Conditional Use Permits;
B. This resolution will aid enforcement efforts to assure
compliance with City regulations;
C. In order to protect the health, safety and welfare related to
odors, noise and aesthetics, the Planning Commission deems
this Resolution necessary;
NOW, THEREFORE, the Planning Commission of the City of Hermosa
Beach, California, does hereby recommend the following:
Amend Article 20 Penalty as follows:
1. Change the numbering of Section 2000 to 20-1.
2. Change the numbering of Section 2001 to 20-2.
3. Add the following new sections:
Section 20-3. Violation of Conditions of Conditional Use
Permits
No person shall violate any condition of a Conditional Use
Permit. Any person violating any of the said conditions shall
be guilty of an infraction.
Section 20-4. Penalties; Declaration
(1) Each violation is punishable as follows:
a. A fine of fifty dollars ($50.00) for the first
violation;
b. A fine of one hundred dollars ($100. 00) for a second
violation of the same condition within one year;
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c. A fine of one hundred fifty dollars ($150.00) for a
third violation of the same condition within one year;
and
d. A fine of three hundred dollars ($300. 00) for each
additional violation of the same condition within one
year.
(2) Each person guilty of an infraction shall be guilty of a
separate offense for each and every.day during any portion
of which any violation is committed, continued or
permitted by such person and shal 1 be punishable
accordingly.
Section 20-5. Arrest -Notice to Appear
If any person is arrested for the violation and such person is
not immediately taken before a magistrate, as is more fully
set forth in the Penal Code of the State of California, the
arresting officer shall prepare, in duplicate, a written
notice to appear in court, containing the name and address of
such person, the offense charged, and the time and place where
such person shall appear in court.
Section 20-6. Appearance -Time Limitation
The time specified in the notice to appear shall be not less
than 11 days after such arrest.
Section 20-7. Appearance -Place
The place specified in the notice to appear shall be either:
(1) Before a judge of a justice court or a municipal court
judge within the county who has jurisdiction of the
offense and who is nearest and most accessible with
reference to the place where the arrest is made; or
(2) Upon the demand of the person arrested, before a judge of
the municipal court of the Los Angeles judicial district,
or before a judge of a justice court or a municipal court
in the judicial district in which the offense is alleged
to have been committed; or
(3) Before an officer authorized to receive a deposit of bail.
Section 20-8. Appearance -Promise
The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person, in order to
secure a release, must give his written promise to appear in
court by signing the duplicate notice, which shall be retained
by the officer. Thereupon, the arresting officer shall
forthwith release the person arrested from custody.
Section 20-9. Notice -Filing -Bail Depositing
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The officer shall, as soon as practicable, file a duplicate
notice with the magistrate specified in such notice. The
defendant may, prior to the date upon which he promised to
appear in court, may deposit with the magistrate the amount of
bail. Thereafter, at the time when the case is called for
arraignment before the magistrate, if the defendant does not
appear either in person or by counsel, the magistrate may
declare the bail forfeited and may at his discretion order
that no further proceeding shall be bad in this case. Upon
the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the
treasury of the county for distribution in the manner provided
by law.
Section 20-10. Appearance
A warrant shall not issue on such charge for the arrest of a
person who, pursuant to the provisions of this article, has
given such written promise to appear in court unless and until
he has violated such promise or has failed to deposit bail, to
appear for arraignment, trial or judgement, or to comply with
the terms and provisions of the judgement as required by law.
Section 20-11. Warrant -Issuance
When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has
not posted bail as provided in Section 20-9 the magistrate
shall issue and have delivered for execution a warrant for his
arrest within twenty days after his failure to appear as
promised. If a person promises to appear before an officer
authorized to accept bail other than a magistrate and fails to
do so on or before the date which he promised to appear, then
within twenty days after the delivery of such written promise
to appear by the officer to a magistrate having jurisdiction
over the offense, such magistrate shall issue and have
delivered for execution a warrant for his arrest. When such
person violates his promise to appear before an officer
authorized to receive bail other than a magistrate, the
officer shall immediately deliver to the magistrate having
jurisdiction over the offense charged the written promise to
appear and the complaint, if any, filed by the arresting
officer.
Section 20-12. Authority of Authorized City Employees to
Arrest Without Warrant
City officers or employees, when designated may arrest persons
without a warrant whenever they have reasonable cause to
believe that an infraction has been committed by such persons.
VOTE: AYES: Comms.DeBellis,Ingell,Peirce,Chmn.Compton
NOES: None
ABSTAIN: None
ABSENT: Comm.Rue
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I hereby
true and
Commi
CERTIFICATION
certify that the foregoing Resolution P.C. 88-12 is a
com lete record of the action taken by the Planning
the City of Hermosa Beach, California their
of February 2, 19 ~ ~Y'Z.J.-~
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Micha 1 Sch
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