ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING
PENDING
APPEAL")
AND
SECTIONS 13. 58. 130 (" STAY
PENDING
13. 90. 160 (" STAY
APPEAL")
City Municipal Code (" Municipal Code") currently
contains several provisions providing for the stay of administrative actions on appeal;
WHEREAS, the Cathedral
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:
AMENDMENT OF MUNICIPAL CODE SECTION 13. 58. 130
Section 1.
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
However, violations may still be cited during the
pursuant to this chapter.
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.
AMENDMENT OF MUNICIPAL CODE SECTION 13. 90. 160
Section 2.
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
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
pursuant
to
abate.
to
this
chapter.
Ii
Section 3.
SEVERABILITY
Council
declares that, should any provision, section, paragraph,
City
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.
The
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.
CERTIFICATION
Section 7.
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.
Noes:
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Abstain: 25
Absent:
0
Stanley "
enry,
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APPROVED AS TO FORM:
ATTEST
io
Gary
F. Ho - II,
bit
Cirri(
Charles R. Green, City Attorney
2