2002 AGN FEB 19 I02 - Laserfiche WebLink

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Item #2 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF February 19, 2002 TO: Honorable Mayor and City Council APPROVAL: Daryl Parrish, City Manager FROM: City Attorney SUBJECT: Adoption of Charges for Various Police and Code Enforcement Services - Establishment of a Public Safety Service Fee for Public Nuisances Created by Disturbances of the Peace DATE: February 8, 2002 BACKGROUND: On January 15, 2002, the City Council adopted Ordinance No. 0-21-01, now codified as Section 9.16.010 of the Colton Municipal Code, authorizing the City to collect costs incurred by the City in responding to public nuisances created by repeated disturbances of the peace, as defined in Section 9.16.010. Subdivision "C" of Section 9.16.010 allows the City to establish by resolution a public safety service fee ("service fee") to recover the above described costs. Section 9.16.010, subdivision "C" also provides that the service fee may be collected by either: (1) a monetary judgment against the person responsible for the violation; (2) a nuisance abatement lien or assessment against the real property at which the violation occurs; or (3) as a criminal fine imposed in addition to any other fine authorized by law. DISCUSSION/ANALYSIS: The City has the authority to impose fees, charges and rates under the police power granted by Article XI, Section 7 of the California Constitution. In order for the City to legally impose a fee, the amount must not exceed the estimated reasonable cost of providing the service for which the fee is charged. In addition to this requirement, the City must follow specific procedures outlined in the California Government Code. The Colton Police Department has reviewed the staff time needed for responding to public nuisances created by repeated disturbances of the peace. Based on its review, the Colton Police Department has estimated that the average hourly cost for staff to provide these services is $30 per hour. This amount, as required by law, represents a reasonable relationship between the fees to be collected and the costs incurred by the City for responding to public nuisances created by repeated disturbances of the peace. The data RVPUB\NGS\627019 -1-