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RES 2013-080CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 2013 -80 RESOLUTION ESTABLISHING FINES AND PENALTIES FOR VIOLATIONS OF ORDINANCE 1061 - BAN ON PLASTIC SINGLE -USE CARRY -OUT BAGS WHEREAS, the City of South Lake Tahoe has adopted Ordinance No. 1061 — Ban On Plastic Single -Use Carry-Out Bags; and WHEREAS, said Ordinance authorizes the adoption by Resolution of the Civil fines and penalties for violating said Ordinance; and WHEREAS, the City of South Lake Tahoe has the authority, pursuant to Government Code Section 53069.4, to establish administrative fines and penalties for City Code violations; and WHEREAS, the City of South Lake Tahoe has the authority, pursuant to Government Code Section 53069.4, to establish fines and penalties for failure to remit payment; if fines assessed for City Code Violations, and WHEREAS, pursuant to California State Law and the South Lake Tahoe City Code, penalty and late payment penalty amounts must be established by a duly adopted resolution of the South Lake Tahoe City Council. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby establish the following penalties and fines for violation of Ordinance No. 1061 — Ban on Plastic Single -Use Carry-Out Bags: 1. For the first 90 days after the operative date of Ordinance 1061, there shall be no violations issued by the City. 2. For a first violation, an administrative citation shall issue which shall constitute a written warning that a violation of this Ordinance (Article VI of Chapter 23 of the SLTCC) has occurred, which notifies the violator that each and every day a violation exists may constitute a separate and distinct offense subject to a civil fine assessed by means of an administrative citation, and which gives the violator fourteen (14) days to come into compliance. 3. For second violation within 12 months from the date of the first violation, a fine of $50.00. 4. For a third and any subsequent violation within 12 months from the date of the first violation, a fine double the amount of the previous fine assessed. For example, the fine for a third occurrence of the same violation would be $200 ($100 x 2); a fourth occurrence would be $400 ($200 x 2), a fifth occurrence would be $800 ($400 x 2), with no single fine exceeding $1,000. 5. For violation in connection with a special event, the violator shall be assessed a graduated Civil fine between $100 and $1,000 which shall increase in amount depending upon the number of persons attending said special event. 6. If the fine is not paid within thirty (30) days after issuance of the Notice of Violation there shall be a late payment penalty of twenty -five percent (25 %) added to the fine amount. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a meeting on December 10, 2013, by the following vote: AYES: NOES: ABSTAIN ABSENT: Councilmember(s): COTE, LAINE, CONKER & SWANSON Councilmember(s); Councilmember(s): Councilmember(s): a ATTE : Susan Alessi, City Clerk 'j # �4 e V DAVIS Hal Cole, Mayor