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Home My WebLink About50A - ORDINANCE - RESO - CODE ENFORCEMENT VIOLATIONSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 17, 2013 TITLE: APPROVED ORDINANCE AND RESOLUTION REGARDING ADMINISTRATIVE FINES RELATING TO CODE ENFORCEMENT VIOLATIONS CI ANAGER RECOMMENDED ACTION ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance amending the Santa Ana Municipal Code to allow the amount of administrative fines and penalties to be set by Resolution. 2. Adopt a Resolution adjusting administrative fines imposed for violations of the Santa Ana Municipal Code. DISCUSSION The Santa Ana Municipal Code (SAMC) provides that violations of the code may be prosecuted as misdemeanors, punishable by fine and/or imprisonment. Alternatively, the Code authorizes enforcement through the issuance of administrative citations, and the imposition of fines for the violations. Currently the administrative fine imposed for violating the provisions of SAMC are $100 for a first violation, $200 for a second violation of the same code section within a one year period, and $500 for succeeding violations within the one year period. Additionally, the SAMC authorizes the imposition of a special assessment in those cases which a violator fails to pay the fine within the allowed time. With the adoption of the proposed Ordinance, the Municipal Code will authorize the City Council to establish, by resolution, the amount of administrative fines and penalties. The proposed Resolution increases the fines for most code violations to a maximum of $100 for the first violation, $500 for a second violation of the same provision within a one year period and $1,000 for subsequent violations of the same section within the one year period. Fines for violations designated as infractions by the SAMC, such as leaving trash cans in the street, will remain at current levels, not to exceed $100 for the first violation, $200 for the second violation 5OA-1 Ordinance and Resolution Regarding the Amount of Administrative Fines and Penalties Relating to Code Enforcement Violations June 17, 2013 Page 2 within a one year period and $500 for subsequent violations of the same provision within one year. The proposed fine amounts have been developed based on Government Code § 53069.4 and § 36900, which authorize the City to make violations of its municipal code subject to administrative enforcement. Government Code §36900 allows the imposition of fines to a maximum of $1,000 for building and safety code violations. Although the Government Code sets the maximum fines for violations that would otherwise be infractions at the $100, $200 and $500 level, these maximum limits are not applicable to the majority of Santa Ana violations which the Municipal Code designates misdemeanors. The Government Code does not provide express limits on administrative fines for violations that can otherwise be prosecuted as misdemeanors. Therefore, Council may approve the application of the higher fines to all violations. FISCAL IMPACT Approval of the proposed resolution will increase the existing administrative fines for violations of the Santa Ana Municipal Code. If approved, the increase in revenue for the General Fund is anticipated to create a beneficial impact for the City; however, the amount of revenue will vary from year to year depending on the number of code violations. ? i Carlos Rojas Acting Chief of Police Santa Ana Police Department Jay.-N4 Trevino Executive Director Planning & Building Agency 5OA-2 Iss6/17/13 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code section 53069.4 authorizes the City, by ordinance, to make any violation of any ordinance enacted by the City subject to an administrative fine or penalty; and B. Government Code section 53069.4 authorizes the City to establish by ordinance, procedures governing the imposition, enforcement, collection and administrative review of those administrative fines or penalties; and C. The City has determined that the issuance of administrative citations tends to benefit real property located in the City by increasing the likelihood that public nuisances will be removed, thereby enhancing and protecting the public health, safety and welfare of the community; and D. The City has decided to set the amount of administrative citation fines and penalties in line with California Government Code Section 36900, which establishes maximum limits for administrative fines and penalties. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 1-21.3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 1-21.3. Fines (a) The amount of fines for violating provisions of the code shall be established and amended by resolution of the City Council. The schedule 5OA-3 may include escalating fine amounts for repeat code violations occurring within specified periods of time. (b) Fines are due on the day specified in the administrative citation, or in the event of an appeal, as determined by the Hearing Officer. Any re Pn)Rslihle nercon Whn reneive? an Adrnlnietrateye ritateen shall not be Fequired to pay a fi E; E)f the following: (1) O n 00) for a first admini e-hundred -dellafs ($100 tr ti O r . s a ve niE)Rth per+ v (3) F ed-;, and i e h ;ndr Fs ($500 00) freer an subse nt d y . que issue (12) nenSe nl hive month nerie4 (c) The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action and/or a special assessment and/or lien on real property. Section 4. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This ordinance shall become effective thirty days after its adoption by the City Council. 50A-4 ADOPTED this day of 2013 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 5OA-5 5OA-6 Lss6/17/13 RESOLUTION NO. 2013-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 53069.4 authorizes the City to make violations of the Santa Ana Municipal Code (SAMC) subject to an administrative fine and penalty. B. Santa Ana Municipal Code Sections 1-21 through 1-21.9 set forth the administrative citation process which provides for notice of the violation and the opportunity to contest the citation. If the citation is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, the responsible person is provided sufficient time to correct the violation before a fine is imposed. C. Proposed Ordinance NS -XXXX authorizes the City Council to establish by resolution fines associated with administrative citations. Section 2. The City Council hereby establishes the following fine amounts for administrative citations for violations of the SAMC in accordance with the maximum limits established by California Government Code Section 36900. A. Administrative citation fines shall be assessed in the following amounts: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; Resolution No. 2013-XXX 5OA-7 Page 1 of 2 2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance, code provision or permit condition within one year from the date of the first violation; and 3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance, code provision or permit condition within one year from the first violation. B. Notwithstanding the foregoing, administrative citation fines for violations designated as infractions and for which fine amounts are not specifically stated, shall be assessed in the following amounts: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code provision within one year from the date of the first violation; and 3. A fine of five hundred dollars ($500.00) for each additional violation of the same code provision within one year of the first violation. Section 3. This Resolution shall take effect on the effective date of the Ordinance XXXX, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2013 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney Q Resolution No. 2013-XXX 5OA-8 Page 2 of 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2013-XXX 5OA-9 Page 3 of 2 5OA-10