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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 Stanley "� enry, . gor IIi ATTEST APPROVED AS TO FORM: io / • Gary F. Ho -II,bit Cirri( Charles R. Green, City Attorney 2