HomeMy WebLinkAbout2013-028 - Setting Administrative Fines For Violating Provisions of the Santa Ana Municipal CodeLss6/17/13
RESOLUTION NO. 2013 -028
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 No. NS -2845 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 -028
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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 Ordinance
No. NS -2845, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 17Th day of June 2013.
i
Mfguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: rror
ra Sheedy
ssistant City Attorney
Resolution No. 2013 -028
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AYES: Councilmembers: Amezcua, Benavides, Martinez, Revna,
Sarmiento (5)
NOES: Councilmembers:
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Pulido, Tinaiero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013 -028 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 17, 2013.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2013 -028
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