50A - ORD - CODE ENFORCEMENT FEES

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Adopt an ordinance amending the Santa Ana Municipal Code and adopt Resolution adjusting administrative fines February 17, 2015 Page 2 1. Administrative Fines Currently, Community Preservation inspectors may issue administrative fines for SAMC violations in amounts not exceeding $100, $200, $500 or $1,000 depending on the type and number of violations. These escalating fees, although useful, have not shown to discourage repeat or continuing SAMC violations in certain situations. The proposed Resolution would adopt different fines for different municipal code violations as similar to the City of Los Angeles. The proposed Resolution establishes administrative fines for building code and land use violations in the following amounts: (a) not to exceed $1,000 for the first violation, (b) not to exceed $2,500 for the second violation; and (c) not to exceed $5,000 for the third violation and all subsequent violations. Examples of building code and land use violations: a business operating in a residential zone; a vacant building being used as a banquet hall on weekends; a building that is unsafe due to general dilapidation and lack of maintenance; a building that is unsafe for habitation due to extensive work done without permits. All other administrative fines for SAMC violations deemed to be misdemeanors, will be in the following amounts: (a) not to exceed $100 for the first violation, (b) not to exceed $500 for the second violation; and (c) not to exceed $1,000 for the third violation and all subsequent violations. Violations codified as infractions only are in the following amounts not to exceed (a) $100; (b) $200; and (c) $500. The City of Santa Ana is a charter city and as such, it has control over its municipal affairs. The imposition of fines is considered a municipal affair. Accordingly, the City Council has the authority as a charter city to approve the imposition of fines recommended in the proposed Resolution. 2. Civil Penalties & Attorneys' Fees The Community Preservation Division routinely recommends cases to the City Attorney's Office for civil prosecution. At present, successful civil litigation results in a temporary restraining order and /or a preliminary injunction to stop a nuisance. Amending the SAMC to allow for civil penalties and attorneys' fees in those actions for SAMC violations, will help deter continuing violations or nuisances and will allow the City to recover the cost of professional services provided by the City Attorney's Office spent litigating civil cases. Other California cities, including the City of San Diego, seek civil penalties as part of the enforcement process. 3. Disconnection of Utilities Due to Violation of Certificate of Occupancy code provision All businesses are required to have a certificate of occupancy, which confirms that the business is operating in compliance with all codes. If a business does not have a 50A -2