HomeMy WebLinkAboutOrd 743 ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING SECTIONS 13.58.130 ("STAY
PENDING APPEAL") AND 13.90.160 ("STAY PENDING
APPEAL")
WHEREAS, the Cathedral City Municipal Code ("Municipal Code") currently
contains several provisions providing for the stay of administrative actions on appeal;
and
WHEREAS, the City Council wishes to amend the Municipal Code to clarify that
the stay pertains only to collection of monetary fines and does not authorize the ongoing
maintenance of any Municipal Code violation or public nuisance during the pendency of
any appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1. AMENDMENT OF MUNICIPAL CODE SECTION 13.58.130
Municipal Code Section 13.58.130, "Stay pending appeal" shall be amended as
follows:
13.58.130 Stay pending appeal.
Collection of fines based on the issuance of any administrative citation shall
be stayed during the pendency of an appeal therefrom which is properly and timely filed
pursuant to this chapter. However, violations may still be cited during the
pendency of the appeal and the City may take any action under this Title or
provided for at law to address, abate, or otherwise remedy any ongoing violation,
including but not limited to the issuance of additional administrative citations.
Section 2. AMENDMENT OF MUNICIPAL CODE SECTION 13.90.160
Municipal Code Section 13.90.160, "Stay pending appeal" shall be amended as
follows:
13.58.130 Stay pending appeal.
Collection of fines based on the issuance of any notice and order shall be
stayed during the pendency of an appeal therefrom which is properly and timely filed
pursuant to this chapter. However, violations may still be cited during the
pendency of the appeal and the City may take any action under this Title or
provided for at law to address, abate, or otherwise remedy any ongoing violation,
including but not limited to the issuance of a notice of public nuisance and order
to abate.
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code as heretofore adopted by
the City of Cathedral City that are in conflict with the provisions of this ordinance are
hereby repealed.
Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by the
City Council.
Section 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on December 10, 2014 by the following vote:
Ayes: I. C mcry,b v-5 kGplctiliNvnevGiI6,), m016v pv0Tai 17eft5
Noes: '
Abstain: 25
Absent: 0
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ATTEST APPROVED AS TO FORM:
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• Gary F. Ho -II,bit Cirri( Charles R. Green, City Attorney
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