AB 514: Ordinances: violations: administrative fines.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-04
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize a county to establish administrative fines, not to exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, subject to certain county findings.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would authorize a county to establish administrative fines, not be to exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, subject to certain county findings.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would limit the administrative fine amounts authorize a county to establish administrative fines, not be exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, as specified subject to certain county findings. By imposing duties on counties regarding administrative fine amounts for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead authorize limit the administrative fine amounts for violations of specified certain county ordinances, including local a county building and safety ordinances, ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction to be established by an ordinance that is subject to specified maximum amount requirements for the first, 2nd, 3rd, and subsequent violations of the same ordinance, as specified. If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine. By imposing duties on counties regarding administrative fine or penalty amounts for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead authorize the fine amounts for violations of specified county ordinances, including local building and safety ordinances, determined to be an infraction to be established by an ordinance that is subject to specified maximum amount requirements for the first, 2nd, and 3rd 3rd, and subsequent violations of the same ordinance. If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine. By imposing duties on counties regarding fine or penalty amounts for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead authorize the fine amounts for violations of specified county ordinances, including local building and safety ordinances, determined to be an infraction to be established by an ordinance that is subject to specified maximum amount requirements for the first, 2nd, and 3rd violations of the same ordinance. If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine. By imposing duties on counties regarding fine or penalty amounts for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state mandated state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead require a maximum fine or penalty amount for a violation of those local building and safety ordinances authorize the fine amounts for violations of specified county ordinances, including local building and safety ordinances, determined to be an infraction to be established by an ordinance that is subject to specified maximum amount requirements for the first, 2nd, and 3rd violations of the same ordinance. If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine. By requiring cities and counties to establish these imposing duties on counties regarding fine or penalty amounts by ordinance, for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead require a maximum fine or penalty amount for a violation of those local building and safety ordinances to be established by ordinance that is subject to specified requirements. By requiring cities and counties to establish these fine or penalty amounts by ordinance, the bill would impose a state mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year.
(3)A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
SEC. 2.Section 53069.4 of the Government Code is amended to read:53069.4.(a)(1)The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900.
(2)Notwithstanding paragraph (1), the amount of an administrative fine for a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following:
(A)For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000).
(B)For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500).
(C)For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000).
(D)Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine:
(i)The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety.
(ii)The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
(E)For purposes of this paragraph, a one-time violation means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation.
(3)The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(b)(1)Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
(2)The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3)The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(c)If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d)If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year.
(3)A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
SEC. 2.Section 53069.4 of the Government Code is amended to read:53069.4.(a)(1)The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900.
(2)(A)Notwithstanding paragraph (1), the amount of an administrative fine for the a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall, if the county makes the findings required by subparagraph (B), shall be based upon the severity of the threat to public health and safety and shall not exceed the following:
(A)(i)
(A)For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000).
(B)(ii)
(B)For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500).
(C)(iii)
(C)For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000).
(B)A county shall not assess an administrative fine of more than five hundred dollars ($500) pursuant to subparagraph (A) unless the county makes both of the following findings in the administrative record:
(D)Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine:
(i)The administrative fine was assessed for a willful violation or a violation that person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety.
(ii)The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
(E)For purposes of this paragraph, a one-time violation means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation.
(3)The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(b)(1)Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
(2)The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3)The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(c)If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d)If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year.
(3)A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
SEC. 2.Section 53069.4 of the Government Code is amended to read:53069.4.(a)(1)The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900.
(2)(A)Notwithstanding paragraph (1), the amount of an administrative fine for the violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall shall, if the county makes the findings required by subparagraph (B), be based upon the severity of the threat to public health and safety and shall not exceed the following:
(A)
(A)(i)For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000).
(B)
(B)(ii)For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500).
(C)
(C)(iii)For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000).
(B)A county shall not assess an administrative fine of more than five hundred dollars ($500) pursuant to subparagraph (A) unless the county makes both of the following findings in the administrative record:
(i)The administrative fine was assessed for a willful violation or a violation that resulted in an unusual and significant threat to the public health and safety.
(ii)The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
(3)The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(b)(1)Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
(2)The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3)The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(c)If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d)If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by (1) a by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation; (2) a violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by (1) a by an administrative fine described in Section 53069.4 or by one of the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation; (2) a violation.
(2)A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a year.
(3)A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
SEC. 2.Section 53069.4 of the Government Code is amended to read:53069.4.(a)(1)The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900.
(2)Notwithstanding paragraph (1), the amount of an administrative fine for the violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following:
(A)For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000).
(B)For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500).
(C)For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000).
(2)(3)The administrative procedures set forth by ordinance adopted by the local agency pursuant to paragraph (1) this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(b)(1)Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
(2)The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3)The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(c)If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d)If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
SECTION 1.Section 25132 of the Government Code is amended to read:25132.(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance determined to be an infraction may be punishable by a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine for the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by three or five thousand dollars ($5,000), whichever is less. In the absence of a permit fee, the amount of the fine does not exceed one thousand dollars ($1,000).
(2)The amount of the fine for a second violation of the same ordinance within five years of the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by five, or ten thousand dollars ($10,000), whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed two thousand five hundred dollars ($2,500).
(3)The amount of the fine for the third violation and subsequent violations of the same ordinance within five years of the first violation is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, the amount of the fine shall not exceed five thousand dollars ($5,000).
(4)The amount of the fine is based upon the severity of the threat to public health and safety.
(d)If an ordinance described in subdivision (c) that is determined to be an infraction is not subject to a fine established by ordinance as set forth in subdivision (c), the violation of that ordinance shall be subject to a fine described in subdivision (b).
SEC. 2.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance determined to be an infraction may be punishable by a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine for the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by three or five thousand dollars ($5,000), whichever is less. In the absence of a permit fee, the amount of the fine does not exceed one thousand dollars ($1,000).
(2)The amount of the fine for a second violation of the same ordinance within five years of the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by five, or ten thousand dollars ($10,000), whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed two thousand five hundred dollars ($2,500).
(3)The amount of the fine for the third violation and subsequent violations of the same ordinance within five years of the first violation is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, the amount of the fine shall not exceed five thousand dollars ($5,000).
(4)The amount of the fine is based upon the severity of the threat to public health and safety.
(d)If an ordinance described in subdivision (c) that is determined to be an infraction is not subject to a fine established by ordinance as set forth in subdivision (c), the violation of that ordinance shall be subject to a fine described in subdivision (b).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, or an ordinance that regulates the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells, determined to be an infraction may be punishable by a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine for the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by 10 three or five thousand dollars ($5,000), whichever is less. In the absence of a permit fee, the amount of the fine does not exceed one thousand dollars ($1,000).
(2)The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than five thousand dollars ($5,000), but does not exceed ten thousand dollars ($10,000). does not exceed the amount of the permit fee required by the ordinance multiplied by five, or ten thousand dollars ($10,000), whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed two thousand five hundred dollars ($2,500).
The
(3)The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than the ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, the amount of the fine shall not exceed five thousand dollars ($5,000).
(4)The amount of the fine is based upon the severity of the threat to public health and safety.
(d)If an ordinance described in subdivision (c) that is determined to be an infraction is not subject to a fine established by ordinance as set forth in subdivision (c), the violation of that ordinance shall be subject to a fine described in subdivision (b).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by (1) a by the following:
(1)A fine not exceeding one hundred dollars ($100) for a first violation; (2) a first violation.
(2)A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a one year.
(3)A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, zoning ordinance, or an ordinance that regulates the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells, determined to be an infraction is may be punishable by a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine for the first violation does not exceed the amount of the permit fee required by the local building and safety ordinance multiplied by 10 or, in or five thousand dollars ($5,000), whichever is less. In the absence of a permit fee, the amount of the fine does not exceed one thousand dollars ($1,000).
(2)The amount of the fine is based upon the severity of the threat to public health and safety.
(3)
(2)The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than the amount of the fine for the first violation. The five thousand dollars ($5,000), but does not exceed ten thousand dollars ($10,000). In the absence of a permit fee, the amount of the fine shall not exceed two thousand five hundred dollars ($2,500).
The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than the amount of the second violation. ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, the amount of the fine shall not exceed five thousand dollars ($5,000).
(4)The amount of the fine is based upon the severity of the threat to public health and safety.
(d)If an ordinance described in subdivision (c) that is determined to be an infraction is not subject to a fine established by ordinance as set forth in subdivision (c), the violation of that ordinance shall be subject to a fine described in subdivision (b).
SEC. 2.Section 36900 of the Government Code is amended to read:36900.(a)Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety ordinance determined to be an infraction is punishable by a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine does not exceed the amount of the permit fee required by the local building and safety ordinance multiplied by 10 or, in the absence of a permit fee, one thousand dollars ($1,000).
(2)The amount of the fine is based upon the severity of the threat to public health and safety.
(3)The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than the amount of the fine for the first violation. The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than the amount of the second violation.
SEC. 3.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety codes ordinance determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine does not exceed the amount of the permit fee required by the local building and safety ordinance multiplied by 10 or, in the absence of a permit fee, one thousand dollars ($1,000).
(2)The amount of the fine is based upon the severity of the threat to public health and safety.
(3)The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than the amount of the fine for the first violation. The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than the amount of the second violation.
SEC. 2.Section 36900 of the Government Code is amended to read:36900.(a)Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b)Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c)Notwithstanding any other provision of law, a violation of a local building and safety codes ordinance determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. a fine established by ordinance that is subject to all of the following requirements:
(1)The amount of the fine does not exceed the amount of the permit fee required by the local building and safety ordinance multiplied by 10 or, in the absence of a permit fee, one thousand dollars ($1,000).
(2)The amount of the fine is based upon the severity of the threat to public health and safety.
(3)The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than the amount of the fine for the first violation. The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than the amount of the second violation.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Aug 31, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Jun 29, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jul 14, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 8). |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 17, 2015 | Ordered to second reading. |
| Aug 17, 2015 | Withdrawn from committee. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 26, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 27, 2015 | Read second time. Ordered to third reading. |
| Jun 23, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 15. Page 2310.). |
| Sep 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 28. Page 2770.). |
| Sep 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 28.). |
| Sep 14, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 5, 2015 | Vetoed by Governor. |
| Jan 15, 2016 | Consideration of Governor's veto stricken from file. |
| Feb 23, 2015 | Read first time. To print. |
| Jun 11, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 9, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jun 4, 2015 | Referred to Com. on GOV. & F. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 27. Page 1557.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2015 | Read second time. Ordered to third reading. |
| May 20, 2015 | From committee: Do pass. (Ayes 11. Noes 4.) (May 20). |
| May 5, 2015 | Re-referred to Com. on APPR. |
| May 4, 2015 | Read second time and amended. |
| Apr 30, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 29). |
| Apr 22, 2015 | Re-referred to Com. on L. GOV. |
| Apr 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 5, 2015 | Referred to Com. on L. GOV. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 2, 2015 | AB 514 WILLIAMS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2015 | Assembly 3rd Reading AB514 Williams By Pavley | Senate Floor |
Passed |
|
| Jul 8, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 22, 2015 | AB 514 WILLIAMS Assembly Third Reading | Assembly Floor |
Passed |
|
| May 20, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ACLU | * Indeterminate | Jun 26, 2018 |
| Alliance for Constitutional Sex Offense Laws | * Against | Jun 26, 2018 |
| California State Association Of Counties | ** Support | Aug 31, 2015 |
| City of Modesto | * Against | Jun 26, 2018 |
| Environmental Defense Center | ** Support | Aug 31, 2015 |
| Lake County Board of Supervisors | ** Support | Aug 31, 2015 |
| Napa County Board of Supervisors | ** Support | Aug 31, 2015 |
| Sacramento County Board of Supervisors | * Indeterminate | Jul 8, 2015 |
| Santa Barbara County | ** Support | Aug 31, 2015 |
| Shasta County Board of Supervisors | ** Support | Aug 31, 2015 |
| Sonoma County Board of Supervisors | * Indeterminate | Jul 8, 2015 |
GOVERNOR'S VETO
AB 514
(Williams)
As Enrolled September 4, 2015
2/3 vote
ASSEMBLY: |
47-27 |
(May 22, 2015) |
SENATE: |
25-15 |
(August 31, 2015) |
ASSEMBLY: |
52-28 |
(September 2, 2015) |
|
|
|
Original Committee Reference: L. GOV.
SUMMARY: Allows counties to assess larger administrative fines for specified violations of county ordinances that govern building and safety, brush removal, grading, film permitting, and zoning.
FISCAL EFFECT: None
COMMENTS:
Bill Summary. This bill allows counties to assess larger administrative fines for violations of a number of specified county ordinances, if the violation is determined to be an infraction and is a one-time violation. The specified ordinances include those that govern building and safety, brush removal, grading, film permitting, and zoning.
The fine must be based on the severity of the threat to public health and safety, and shall not exceed the following:
-
Number of violations within specified time periods
Amount of fine if a permit fee exists
Amount of fine in the absence of a permit fee
First violation
Fine does not exceed $5,000 or the amount of the permit fee required by the ordinance multiplied by three, whichever is less
Fine does not exceed $1,000
Second violation within five years of first violation
Fine does not exceed $10,000 or the amount of the permit fee required by the ordinance multiplied by five, whichever is less
Fine does not exceed $2,500
Third violation and subsequent violations within five years of first violation
Fine is greater than $10,000 but does not exceed $15,000
Fine does not exceed $5,000
A county shall not assess an administrative fine of more than $500 unless both of the following findings are made in the administrative record prior to the assessment of the fine:
The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety; and,
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
This bill defines a one-time violation to mean a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. This bill is sponsored by the Santa Barbara County Board of Supervisors.
Author's Statement. According to the author, "AB 514 will provide counties with more local control to impose fines for specific violations of the County's Land Use and Development codes, specifically where permits are available.
"The Land Use and Development codes focus on events that have over 300 people attending, if there is potential public disturbance, and/or a structure is built that would alter the local landscape. The current small fines for violations of forgoing permits do not provide disincentives for violations of the Land Use and Development codes for special events (parties, weddings, and film shoots) and conditions for construction hours and days.
"AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances."
Background. Local governments have the authority to enact local planning and land use regulations to protect the public health, safety, and welfare of their residents through their police power. The "police power" provides the right to adopt and enforce zoning regulations, as long as they do not conflict with state laws.
Current law allows cities and counties to establish ordinances and makes violations of ordinances misdemeanors, unless they are made infractions via ordinance adopted by the city or county. Existing law outlines the following fine structure for ordinance violations and building and safety code violations that are determined to be infractions:
-
Number of violations within specified time periods
Amount of fine for ordinance violations
Amount of fine for building and safety code violations
First violation
Fine does not exceed $100
Fine does not exceed $100
Second violation within one year of first violation
Fine does not exceed $200
Fine does not exceed $500
Third violation within one year of first violation
Fine does not exceed $500
Fine does not exceed $1,000
According to the Santa Barbara County Board of Supervisors, the sponsor of this bill, these fines are too low to provide incentives for individuals to obtain proper permits. The sponsor notes that this code section was updated in 2003 to account for inflation, but has not been updated since. The sponsor contends that the fines are so low that many property owners find it easier to violate the county's land use and development codes and pay the low fine than to obtain a permit.
Arguments in Support. The Santa Barbara County Board of Supervisors, sponsor of this bill, states, "AB 514 gives local governments the authority to raise local fines for violators of land use codes who did not obtain a permit where one is available… The current maximum allowable fine amount is insufficient to deter violators of the Land Use Enforcement Codes, and allows entities to visit a County without being appropriately accountable to land use codes."
Arguments in Opposition. None on file.
This bill increases the maximum amount of administrative fines and penalties that counties can impose for violations of certain local ordinances.
The public's health and safety is compromised when people willfully violate county ordinances. Deterring such behavior is a worthwhile goal. This bill, however, lacks the balance needed to prevent unintended consequences, especially on those with modest means and those who are unfamiliar with their local ordinances.
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002471
AB 514
Page 4
CONCURRENCE IN SENATE AMENDMENTS
AB 514
(Williams)
As Amended August 26, 2015
Majority vote
ASSEMBLY: |
47-27 |
(May 22, 2015) |
SENATE: |
25-15 |
(August 31, 2015) |
Original Committee Reference: L. GOV.
SUMMARY: Allows counties to assess larger administrative fines for specified violations of county ordinances that govern building and safety, brush removal, grading, film permitting, and zoning.
The Senate amendments:
Limit the bill's provisions to one-time violations, defined to mean a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation.
Prohibit a county from assessing an administrative fine of more than $500 unless both of the following findings are made in the administrative record prior to the assessment of the fine:
The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety; and,
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
Make technical and conforming changes.
FISCAL EFFECT: None
COMMENTS:
Bill Summary. This bill allows counties to assess larger administrative fines for violations of a number of specified county ordinances, if the violation is determined to be an infraction and is a one-time violation. The specified ordinances include those that govern building and safety, brush removal, grading, film permitting, and zoning.
The fine must be based on the severity of the threat to public health and safety, and shall not exceed the following:
-
Number of violations within specified time periods
Amount of fine if a permit fee exists
Amount of fine in the absence of a permit fee
First violation
Fine does not exceed $5,000 or the amount of the permit fee required by the ordinance multiplied by three, whichever is less
Fine does not exceed $1,000
Second violation within five years of first violation
Fine does not exceed $10,000 or the amount of the permit fee required by the ordinance multiplied by five, whichever is less
Fine does not exceed $2,500
Third violation and subsequent violations within five years of first violation
Fine is greater than $10,000 but does not exceed $15,000
Fine does not exceed $5,000
A county shall not assess an administrative fine of more than $500 unless both of the following findings are made in the administrative record prior to the assessment of the fine:
The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety; and,
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
This bill defines a one-time violation to mean a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. This bill is sponsored by the Santa Barbara County Board of Supervisors.
Author's Statement. According to the author, "AB 514 will provide counties with more local control to impose fines for specific violations of the County’s Land Use and Development codes, specifically where permits are available.
"The Land Use and Development codes focus on events that have over 300 people attending, if there is potential public disturbance, and/or a structure is built that would alter the local landscape. The current small fines for violations of forgoing permits do not provide disincentives for violations of the Land Use and Development codes for special events (parties, weddings, and film shoots) and conditions for construction hours and days.
"AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances."
Background. Local governments have the authority to enact local planning and land use regulations to protect the public health, safety, and welfare of their residents through their police power. The "police power" provides the right to adopt and enforce zoning regulations, as long as they do not conflict with state laws.
Current law allows cities and counties to establish ordinances and makes violations of ordinances misdemeanors, unless they are made infractions via ordinance adopted by the city or county. Existing law outlines the following fine structure for ordinance violations and building and safety code violations that are determined to be infractions:
Number of violations within specified time periods |
Amount of fine for ordinance violations |
Amount of fine for building and safety code violations |
First violation |
Fine does not exceed $100 |
Fine does not exceed $100 |
Second violation within one year of first violation |
Fine does not exceed $200 |
Fine does not exceed $500 |
Third violation within one year of first violation |
Fine does not exceed $500 |
Fine does not exceed $1,000 |
According to the Santa Barbara County Board of Supervisors, the sponsor of this bill, these fines are too low to provide incentives for individuals to obtain proper permits. The sponsor notes that this code section was updated in 2003 to account for inflation, but has not been updated since. The sponsor contends that the fines are so low that many property owners find it easier to violate the county's land use and development codes and pay the low fine than to obtain a permit.
Policy Considerations. The Legislature may wish to consider the following:
Inflationary Adjustment. The sponsor notes that fine amounts in existing law have not been adjusted for 12 years. If existing fines were adjusted for inflation, they would range from about $130 to about $1,275. The Legislature may wish to consider if an inflationary adjustment alone would serve as an appropriate remedy for the problem identified by the sponsor.
Fine Amounts. Current law caps fines for infraction violations at amounts ranging from $100 to $1,000, depending on the number of violations in a year's time and the type of ordinance that is violated. This bill raises those amounts significantly, with maximum fines ranging from $1,000 to $15,000. The fines will be determined based on the severity of the threat to public health and safety, which the county will decide. While the bill requires a county to make specified findings before assessing fines greater than $500, it is, again, the county – rather than a financially disinterested party – that will make these determinations. The Legislature may wish to consider to what extent fines for the types of violations identified in this bill should be increased, and whether this bill provides adequate safeguards for low-income residents.
Repeat Offenders. This bill extends the time frame during which a repeated violation of the same ordinance would incur an increased fine. Current law limits that time period to one year. This bill expands it to five years. The Legislature may wish to consider whether this extension is appropriate.
Statewide Application, No Sunset. The Legislature may wish to consider if the provisions of this bill should apply statewide, or if they should be narrowed to apply only to Santa Barbara County. The Legislature may also wish to consider adding a sunset date to allow the Legislature to revisit this authority in the future to determine if it does, indeed, encourage proper permitting.
Court Action. Existing law provides that a violation of a city or county ordinance may be prosecuted by city or county authorities, or redressed by civil action. The Legislature may wish to consider whether this bill is needed, given this avenue of redress.
Arguments in Support. The Santa Barbara County Board of Supervisors, sponsor of this bill, states, "AB 514 gives local governments the authority to raise local fines for violators of land use codes who did not obtain a permit where one is available… The current maximum allowable fine amount is insufficient to deter violators of the Land Use Enforcement Codes, and allows entities to visit a County without being appropriately accountable to land use codes."
Arguments in Opposition. None on file.
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0001597
AB 514
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 514
Amended: 8/26/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 7/8/15
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Nguyen
NO VOTE RECORDED: Moorlach
ASSEMBLY FLOOR: 47-27, 5/22/15 - See last page for vote
SUBJECT: Ordinances: violations: administrative fines
DIGEST: This bill increases the maximum amounts of administrative fines and penalties that counties can impose for some violations of specified types of ordinances.
Senate Floor Amendments of 8/26/15 apply this bill’s administrative fine authority only to “one-time violations” of county ordinances and clarify provisions requiring a county to make a finding to impose a fine that exceeds $500.
Existing law:
Specifies that a violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction.
Requires that every ordinance violation that is determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $200 for a second violation of the same ordinance within one year.
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
Requires, as an exception to the general limits on fines for infractions, that a violation of local building and safety codes determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $500 for a second violation of the same ordinance within one year.
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year.
Allows a local agency's legislative body, as an alternative to criminal enforcement mechanisms, to make any violation of any of its ordinances subject to an administrative fine or penalty (SB 814, Alquist, Chapter 898, Statutes of 1995).
This bill:
Allows counties, as an exception to the general statutory limits on fines that counties can impose for infractions, to impose a higher administrative fine for a one-time violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance that is determined to be an infraction.
Defines a one-time violation as a violation that is not a continuing violation and cannot be corrected or cured, including a violation of permit conditions or a use violation.
Requires that the amount of the administrative fine must be based upon the severity of the threat to public health and safety and must not exceed:
For the first violation, the amount of the permit fee required by the ordinance multiplied by three or $5,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $1,000.
For a second violation of the same ordinance within five years of the first violation, the amount of the permit fee required by the ordinance multiplied by five or $10,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $2,500.
For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount greater than $10,000, but less than $15,000. In the absence of a permit fee, the amount of the fine must not exceed $5,000.
Prohibits a county from assessing an administrative fine of more than $500 pursuant to this bill’s provisions unless the county makes both of the following findings in the administrative record:
The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety.
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
Background
Counties’ administrative fines and penalties are subject to the same maximum fine limits that state law applies, in general, for ordinance violations that are determined to be an infraction. The local agency must adopt an ordinance specifying the administrative procedures that govern the imposition, enforcement, collection, and administrative review of the fines or penalties. The administrative procedures must grant a reasonable time to remedy a continuing violation before the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural and zoning issues that do not create an immediate danger to health or safety. Within 20 days after service of a final administrative order or decision regarding administrative fines or penalties, a person contesting that final administrative order or decision may appeal in Superior Court. Local agencies must go through a civil court proceeding to collect unpaid fines and penalties.
Some county officials suggest that the maximum amounts of fines that counties can impose under current law are too low to deter some people from willfully violating county ordinances. For example, in some circumstances, the costs of obtaining county permits to hold a large event or undertake some kinds of construction projects can far exceed the maximum fine amounts, thereby allowing people to save money by choosing to violate county permit requirements and pay the fines. To help counties deter this kind of behavior, county officials want the Legislature to increase the maximum fines that counties can impose for some ordinance violations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Santa Barbara County (source)
California State Association of Counties
Environmental Defense Center
Lake County Board of Supervisors
Napa County Board of Supervisors
Shasta County Board of Supervisors
OPPOSITION: (Verified 8/27/15)
None received
ASSEMBLY FLOOR: 47-27, 5/22/15
AYES: Achadjian, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Brown, O'Donnell, Olsen, Waldron, Weber
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
8/28/15 8:40:24
**** END ****
AB 514
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 514
Amended: 7/15/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 7/8/15
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Nguyen
NO VOTE RECORDED: Moorlach
ASSEMBLY FLOOR: 47-27, 5/22/15 - See last page for vote
SUBJECT: Ordinances: violations: administrative fines
DIGEST: This bill increases the maximum amounts of administrative fines and penalties that counties can impose for some violations of specified types of ordinances.
Existing law:
Specifies that a violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction.
Requires that every ordinance violation that is determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $200 for a second violation of the same ordinance within one year.
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
Requires, as an exception to the general limits on fines for infractions, that a violation of local building and safety codes determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $500 for a second violation of the same ordinance within one year.
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year.
Allows a local agency's legislative body, as an alternative to criminal enforcement mechanisms, to make any violation of any of its ordinances subject to an administrative fine or penalty (SB 814, Alquist, Chapter 898, Statutes of 1995).
This bill:
Allows counties, as an exception to the general statutory limits on fines that counties can impose for infractions, to impose a higher administrative fine for a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance that is determined to be an infraction.
Requires that the amount of the administrative fine must be based upon the severity of the threat to public health and safety and must not exceed:
For the first violation, the amount of the permit fee required by the ordinance multiplied by three or $5,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $1,000.
For a second violation of the same ordinance within five years of the first violation, the amount of the permit fee required by the ordinance multiplied by five or $10,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $2,500.
For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount greater than $10,000, but less than $15,000. In the absence of a permit fee, the amount of the fine must not exceed $5,000.
Prohibits a county from assessing an administrative fine of more than $500 pursuant to this bill’s provisions unless the county makes both of the following findings in the administrative record:
The administrative fine was assessed for a willful violation or a violation that resulted in an unusual and significant threat to the public health and safety.
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
Background
Counties’ administrative fines and penalties are subject to the same maximum fine limits that state law applies, in general, for ordinance violations that are determined to be an infraction. The local agency must adopt an ordinance specifying the administrative procedures that govern the imposition, enforcement, collection, and administrative review of the fines or penalties. The administrative procedures must grant a reasonable time to remedy a continuing violation before the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural and zoning issues that do not create an immediate danger to health or safety. Within 20 days after service of a final administrative order or decision regarding administrative fines or penalties, a person contesting that final administrative order or decision may appeal in Superior Court. Local agencies must go through a civil court proceeding to collect unpaid fines and penalties.
Some county officials suggest that the maximum amounts of fines that counties can impose under current law are too low to deter some people from willfully violating county ordinances. For example, in some circumstances, the costs of obtaining county permits to hold a large event or undertake some kinds of construction projects can far exceed the maximum fine amounts, thereby allowing people to save money by choosing to violate county permit requirements and pay the fines. To help counties deter this kind of behavior, county officials want the Legislature to increase the maximum fines that counties can impose for some ordinance violations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Santa Barbara County (source)
California State Association of Counties
Environmental Defense Center
Lake County Board of Supervisors
Napa County Board of Supervisors
Shasta County Board of Supervisors
OPPOSITION: (Verified 8/18/15)
None received
ASSEMBLY FLOOR: 47-27, 5/22/15
AYES: Achadjian, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Brown, O'Donnell, Olsen, Waldron, Weber
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
8/19/15 20:26:52
**** END ****
AB 514
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 514
Amended: 7/15/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 7/8/15
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Nguyen
NO VOTE RECORDED: Moorlach
ASSEMBLY FLOOR: 47-27, 5/22/15 - See last page for vote
SUBJECT: Ordinances: violations: administrative fines
DIGEST: This bill increases the maximum amounts of administrative fines and penalties that counties can impose for some violations of specified types of ordinances.
Existing law:
Specifies that a violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction.
Requires that every ordinance violation that is determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $200 for a second violation of the same ordinance within one year.
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
Requires, as an exception to the general limits on fines for infractions, that a violation of local building and safety codes determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $500 for a second violation of the same ordinance within one year.
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year.
Allows a local agency's legislative body, as an alternative to criminal enforcement mechanisms, to make any violation of any of its ordinances subject to an administrative fine or penalty (SB 814, Alquist, Chapter 898, Statutes of 1995).
This bill:
Allows counties, as an exception to the general statutory limits on fines that counties can impose for infractions, to impose a higher administrative fine for a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance that is determined to be an infraction.
Requires that the amount of the administrative fine must be based upon the severity of the threat to public health and safety and must not exceed:
For the first violation, the amount of the permit fee required by the ordinance multiplied by three or $5,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $1,000.
For a second violation of the same ordinance within five years of the first violation, the amount of the permit fee required by the ordinance multiplied by five or $10,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $2,500.
For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount greater than $10,000, but less than $15,000. In the absence of a permit fee, the amount of the fine must not exceed $5,000.
Prohibits a county from assessing an administrative fine of more than $500 pursuant to this bill’s provisions unless the county makes both of the following findings in the administrative record:
The administrative fine was assessed for a willful violation or a violation that resulted in an unusual and significant threat to the public health and safety.
The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment.
Background
Counties’ administrative fines and penalties are subject to the same maximum fine limits that state law applies, in general, for ordinance violations that are determined to be an infraction. The local agency must adopt an ordinance specifying the administrative procedures that govern the imposition, enforcement, collection, and administrative review of the fines or penalties. The administrative procedures must grant a reasonable time to remedy a continuing violation before the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural and zoning issues that do not create an immediate danger to health or safety. Within 20 days after service of a final administrative order or decision regarding administrative fines or penalties, a person contesting that final administrative order or decision may appeal in Superior Court. Local agencies must go through a civil court proceeding to collect unpaid fines and penalties.
Some county officials suggest that the maximum amounts of fines that counties can impose under current law are too low to deter some people from willfully violating county ordinances. For example, in some circumstances, the costs of obtaining county permits to hold a large event or undertake some kinds of construction projects can far exceed the maximum fine amounts, thereby allowing people to save money by choosing to violate county permit requirements and pay the fines. To help counties deter this kind of behavior, county officials want the Legislature to increase the maximum fines that counties can impose for some ordinance violations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Santa Barbara County (source)
California State Association of Counties
Environmental Defense Center
Lake County Board of Supervisors
Napa County Board of Supervisors
Shasta County Board of Supervisors
OPPOSITION: (Verified 8/18/15)
None received
ASSEMBLY FLOOR: 47-27, 5/22/15
AYES: Achadjian, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Brown, O'Donnell, Olsen, Waldron, Weber
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
8/19/15 20:34:22
**** END ****
AB 514 (Williams) 6/29/15 Page 3 of 3
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 514 |
Hearing Date: |
7/8/15 |
Author: |
Williams |
Tax Levy: |
No |
Version: |
6/29/15 |
Fiscal: |
Yes |
Consultant: |
Weinberger |
||
FINES FOR COUNTY ORDINANCE VIOLATIONS
Raises the maximum amounts of administrative fines and penalties that counties can impose for some violations of specified types of ordinances.
Background and Existing Law
Under state law, a violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. In general, every ordinance violation that is determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $200 for a second violation of the same ordinance within one year.
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
As an exception to the general limits on fines for infractions, a violation of local building and safety codes determined to be an infraction is punishable by:
A fine not exceeding $100 for a first violation.
A fine not exceeding $500 for a second violation of the same ordinance within one year.
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year.
As an alternative to criminal enforcement mechanisms, a local agency's legislative body can make any violation of any of its ordinances subject to an administrative fine or penalty (SB 814, Alquist, 1995). Counties’ administrative fines and penalties are subject to the same maximum fine limits that state law applies, in general, for ordinance violations that are determined to be an infraction. The local agency must adopt an ordinance specifying the administrative procedures that govern the imposition, enforcement, collection, and administrative review of the fines or penalties. The administrative procedures must grant a reasonable time to remedy a continuing violation before the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural and zoning issues that do not create an immediate danger to health or safety. Within 20 days after service of a final administrative order or decision regarding administrative fines or penalties, a person contesting that final administrative order or decision may appeal in Superior Court. Local agencies must go through a civil court proceeding to collect unpaid fines and penalties.
Some county officials suggest that the maximum amounts of fines that counties can impose under current law are too low to deter some people from willfully violating county ordinances. For example, in some circumstances, the costs of obtaining county permits to hold a large event or undertake some kinds of construction projects can far exceed the maximum fine amounts, thereby allowing people to save money by choosing to violate county permit requirements and pay the fines. To help counties deter this kind of behavior, county officials want the Legislature to increase the maximum fines that counties can impose for some ordinance violations.
Proposed Law
Assembly Bill 514, as an exception to the general statutory limits on fines that counties can impose for infractions, allows a county to impose a higher administrative fine for a violation of a local building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance that is determined to be an infraction. The amount of the administrative fine must be based upon the severity of the threat to public health and safety and must not exceed:
For the first violation, the amount of the permit fee required by the ordinance multiplied by three or $5,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $1,000.
For a second violation of the same ordinance within five years of the first violation, the amount of the permit fee required by the ordinance multiplied by five or $10,000, whichever is less. In the absence of a permit fee, the amount of the fine must not exceed $2,500.
For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount greater than $10,000, but less than $15,000. In the absence of a permit fee, the amount of the fine must not exceed $5,000.
State Revenue Impact
No estimate
Comments
1. Purpose of the bill. Assembly Bill 514 seeks to encourage proper permitting for construction activities and for large events at residential locations by providing for increased fines for specified county ordinance violations. The relatively low maximum fines that counties can impose are not sufficient to deter some county residents and property owners from regularly violating county codes by failing to obtain proper permits for special events (parties, weddings, and film shoots) and failing to comply with other county ordinances restricting construction hours, noise levels, and other health, safety, and quality of life standards. When some property owners can receive thousands of dollars in revenue per day for unpermitted events held on their parcels, they may simply choose to accept paying fines as a “cost of doing business” rather than paying more to obtain proper event permits from a county. AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances.
2. Deterrents and incentives. It is unclear whether AB 514 strikes the proper balance between the need to deter willful violations of county ordinances and the need to ensure that fiscal consequences for violating local ordinances are proportional and don’t unduly burden California residents who may already be struggling financially. Imposing higher fines as a deterrent against ordinance violations makes sense in the context of wealthy property owners whose financial resources allow them to flaunt local laws. However, the bill does not apply only to deep-pocketed scofflaws. By allowing counties to impose fines of thousands of dollars for violating county ordinances, AB 514 may have the unintended consequence of placing substantial burdens on county residents who are struggling financially and may be unable to maintain their property in a manner that complies with local ordinances. In counties that are struggling to pay for public services, the higher maximum fines allowed by AB 514 may prove tempting as a source of revenues. Aggressive administrative enforcement of county ordinances could generate thousands of dollars a year in additional county revenues. To ensure that legislators have an opportunity to assess how counties implement the broader fine and penalty authority granted by AB 514, the Committee may wish to consider imposing a sunset date of January 1, 2023 on the provisions enacted by the bill. The Committee may also wish to consider amending the bill to require that the Legislative Analyst’s Office report to the Legislature by January 1, 2022 on whether the bill’s provisions resulted in any substantial changes in the frequency of county ordinance enforcement actions or in counties’ fine and penalty revenues.
3. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 514 imposes additional duties on officials who are responsible for imposing fines or penalties for violations of specified ordinances, Legislative Counsel says that it imposes a new state mandate. AB 514 requires the state to reimburse local agencies if the Commission on State Mandates determines that the bill imposes a reimbursable mandate.
Assembly Actions
Assembly Local Government Committee: 6-2
Assembly Appropriations Committee: 11-4
Assembly Floor: 47-27
Support and Opposition
(7/2/15)
Support: California State Association of Counties; Lake County Board of Supervisors; Napa County Board of Supervisors; Santa Barbara County Board of Supervisors; Shasta County Board of Supervisors.
Opposition: California Farm Bureau Association.
-- END --
AB 514
Page 5
ASSEMBLY THIRD READING
AB 514
(Williams)
As Amended May 4, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Local Government |
6-2 |
Gonzalez, Alejo, Chiu, Cooley, Gordon, Holden |
Maienschein, Waldron |
Appropriations |
11-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Wagner |
SUMMARY: Increases fine amounts counties may impose for violations of specified ordinances. Specifically, this bill:
Allows counties to impose increased fines for a violation, determined to be an infraction, of any of the following ordinances: a) a local building and safety ordinance; b) a brush removal ordinance; c) a grading ordinance; d) a film permit ordinance; or, e) a zoning ordinance.
Provides that the increased fines are to be established by ordinance and are subject to all of the following requirements:
The amount of the fine for the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by three or $5,000, whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed $1,000;
The amount of the fine for a second violation of the same ordinance within five years of the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by five, or $10,000, whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed $2,500;
The amount of the fine for the third violation of the same ordinance within five years of the first violation is greater than $10,000, but does not exceed $15,000. In the absence of a permit fee, the amount of the fine shall not exceed $5,000; and,
The amount of the fine is based upon the severity of the threat to public health and safety.
Provides that, if an ordinance described in 1) above, is not subject to a fine established by ordinance as set forth in this bill, the violation of that ordinance shall be subject to a fine described in existing law.
Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.
EXISTING LAW:
Allows the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws.
Limits the amount of a fee, cost, or charge described above to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Provides that violation of a city or county ordinance is a misdemeanor, unless by ordinance it is made an infraction.
Provides that a violation of a city or county ordinance may be prosecuted by city or county authorities in the name of the people of the State of California, or redressed by civil action.
Provides that every violation of a city or county ordinance determined to be an infraction is punishable by the following:
A fine not exceeding $100 for a first violation;
A fine not exceeding $200 for a second violation of the same ordinance within one year; and,
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
Provides that a violation of local building and safety codes determined to be an infraction is punishable by the following:
A fine not exceeding $100 for a first violation;
A fine not exceeding $500 for a second violation of the same ordinance within one year; and,
A fine not exceeding $1,000 for each additional violation of the same ordinance within one year of the first violation.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill is permissive and, therefore, any local costs are not reimbursable.
COMMENTS:
Bill Summary. This bill establishes a new fee structure for violations of a number of specified county ordinances, if those violations are determined to be infractions. The specified ordinances include those that govern building and safety; brush removal; grading; film permitting; and, zoning.
The proposed fee structure is as follows:
-
Number of violations within specified time periods
Amount of fine if a permit fee exists
Amount of fine in the absence of a permit fee
First violation
Fine does not exceed the amount of the permit fee required by the ordinance multiplied by three, or $5,000, whichever is less
Fine shall not exceed $1,000
Second violation within five years of first violation
Fine does not exceed the amount of the permit fee required by the ordinance multiplied by five, or $10,000, whichever is less
Fine shall not exceed $2,500
Third violation within five years of first violation
Fine is greater than $10,000 but does not exceed $15,000
Fine shall not exceed $5,000
The amount of the fine is based on the severity of the threat to public health and safety. This bill is sponsored by the Santa Barbara County Board of Supervisors.
Author's Statement. According to the author, "AB 514 will provide counties with more local control to impose fines for specific violations of the County’s Land Use and Development codes, specifically where permits are available.
"The Land Use and Development codes focus on events that have over 300 people attending, if there is potential public disturbance, and/or a structure is built that would alter the local landscape. The current small fines for violations of forgoing permits do not provide disincentives for violations of the Land Use and Development codes for special events (parties, weddings, and film shoots) and conditions for construction hours and days.
"AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances."
Background. Local governments have the authority to enact local planning and land use regulations to protect the public health, safety, and welfare of their residents through their police power. The "police power" provides the right to adopt and enforce zoning regulations, as long as they do not conflict with state laws.
Current law allows cities and counties to establish ordinances, makes violations of ordinances misdemeanors, unless they are made infractions via ordinance adopted by the city or county, and outlines the following fee structure for ordinance violations and building and safety code violations that are determined to be infractions:
-
Number of violations within specified time periods
Amount of fine for ordinance violations
Amount of fine for building and safety code violations
First violation
Fine does not exceed $100
Fine does not exceed $100
Second violation within one year of first violation
Fine does not exceed $200
Fine does not exceed $500
Third violation within one year of first violation
Fine does not exceed $500
Fine does not exceed $1,000
According to the Santa Barbara County Board of Supervisors, the sponsor of this bill, these fines are too low to provide incentives for individuals to obtain proper permits. The sponsor notes that this code section was updated in 2003 to account for inflation, but has not been updated since. The sponsor contends that the fines are so low that many property owners find it easier to violate the County's land use and development codes and pay the low fine than to obtain a permit.
For example, when a property owner would like to build or demolish a structure, the property owner will need to obtain a permit that establishes acceptable working hours. The permit will take into account if there will be noise pollution, traffic issues, and safety hazards to the public. The permit fee is then used to provide safety precautions and limit public disturbances. Fees are accessed on a situational bases, thus the cost of each permit varies. The cost of permits for large events and certain construction projects are typically higher than $100, which does not incentivize property owners to obtain the permit.
The sponsor provided another example in the county of a large commercial wedding for out of town residents. The property owner did not obtain the necessary permits for such a large event. The non-residents had the means to acquire the permit, but the fee to accommodate 300 or more guests would have been higher than the violation fine for this event. The permit review would have addressed public safety and traffic concerns for an event of this magnitude. In this case, the county was only allowed to fine this owner $100 for the purposeful violation. This amount is insufficient to deter property owners who can easily absorb this as part of their routine business operating expense.
This bill provides for increased fines for a number of specified ordinance violations as a means of encouraging proper permitting. The author's office notes that recent amendments inadvertently removed a section of the bill that would have applied its provisions to cities. The author intends to restore that language so that this bill will apply to cities, as well as counties.
Policy Considerations.
Temporary Use and Construction Permits. The sponsor's stated intent of this bill is to encourage proper permitting for construction activities and for large events at residential locations. The Legislature may wish to consider whether this bill should be narrowed to impose fines based on what a temporary use permit or a construction permit would have been if those permits been properly obtained or followed.
Inflationary Adjustment. The sponsor notes that the fee amounts in existing law have not been adjusted for 12 years. If existing fines were adjusted for inflation, they would range from about $130 to about $1,275. The Legislature may wish to consider if an inflationary adjustment alone would serve as an appropriate remedy for the problem identified by the sponsor.
Fee Amounts. Current law caps fines for infraction violations at amounts ranging from $100 to $1,000, depending on the number of violations in a year's time and the type of ordinance that is violated. This bill raises those amounts significantly, with maximum fines ranging from $1,000 to $15,000. The fines will be determined based on the severity of the threat to public health and safety, which the county will decide. The Legislature may wish to consider to what extent fines for the types of violations identified in this bill should be increased.
Repeat Offenders. This bill extends the time frame during which a repeated violation of the same ordinance would incur an increased fine. Current law limits that time period to one year. This bill expands it to five years. The Legislature may wish to consider whether this extension is appropriate.
Statewide Application, No Sunset. The Legislature may wish to consider if the provisions of this bill should apply statewide, in both cities and counties, or if they should be narrowed to apply only to Santa Barbara County. The Legislature may also wish to consider adding a sunset date to allow the Legislature to revisit this authority in the future to determine if it does, indeed, encourage proper permitting.
Court Action. Existing law provides that a violation of a city or county ordinance may be prosecuted by city or county authorities, or redressed by civil action. The Legislature may wish to consider whether this bill is needed, given this avenue of redress.
State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing this bill's provisions, if the Commission on State Mandates determines that this bill contains costs mandated by the state.
Arguments in Support. The Santa Barbara County Board of Supervisors, sponsor of this bill, states, "AB 514 gives local governments the authority to raise local fines for violators of land use codes who did not obtain a permit where one is available… The current maximum allowable fine amount is insufficient to deter violators of the Land Use Enforcement Codes, and allows entities to visit a County without being appropriately accountable to land use codes."
Arguments in Opposition. None on file.
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000468
AB 514
Page 1
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 514
(Williams) – As Amended May 4, 2015
Policy Committee: |
Local Government |
Vote: |
6 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill increases the statutory caps on fines that a county may impose for violations, determined to be infractions, of ordinances governing building and safety, brush removal, grading, film permitting, or zoning.
FISCAL EFFECT:
The bill is permissive and, therefore, any local costs are not reimbursable.
COMMENTS:
Purpose. This bill seeks to encourage proper permitting for construction activities and for large events at residential locations by providing for increased fines for specified county ordinance violations. According to the author, "The Land Use and Development codes focus on events that have over 300 people attending, if there is potential public disturbance, and/or a structure is built that would alter the local landscape. The current small fines for violations of forgoing permits do not provide disincentives for violations of the Land Use and Development codes for special events (parties, weddings, and film shoots) and conditions for construction hours and days. AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances."
Background. Current law allows cities and counties to establish ordinances, makes violations of ordinances misdemeanors, unless they are made infractions via ordinance adopted by the city or county, and outlines the fee structure for ordinance violations and building and safety code violations that are determined to be infractions. Fines for first violations, under current law, cannot exceed $100.
Supporters contend that in some cases the fines are so low that property owners find it easier to violate County's land use and development codes and pay the low fine than to obtain a permit. Permit fees are accessed on a situational bases, thus the cost of each permit varies. The cost of permits for large events and certain construction projects is typically higher than $100, which does not incentivize property owners to obtain the permit.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 514
Page 6
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 514
(Williams) – As Amended April 21, 2015
SUBJECT: Ordinances: violations: fines.
SUMMARY: Increases fine amounts counties may impose for violations of specified ordinances. Specifically, this bill:
Allows counties to impose increased fines for a violation, determined to be an infraction,
of any of the following ordinances:
A local building and safety ordinance;
A brush removal ordinance;
A grading ordinance;
A film permit ordinance;
A zoning ordinance; or,
An ordinance that regulates the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells.
Provides that the increased fines are to be established by ordinance and are subject to all
of the following requirements:
The amount of the fine for the first violation does not exceed the amount of the permit fee required by the ordinance multiplied by 10 or five thousand dollars ($5,000), whichever is less. In the absence of a permit fee, the amount of the fine shall not exceed one thousand dollars ($1,000);
The amount of the fine for a second violation of the same ordinance within five years of the first violation is greater than five thousand dollars ($5,000), but does not exceed ten thousand dollars ($10,000). In the absence of a permit fee, the amount of the fine shall not exceed two thousand five hundred dollars ($2,500);
The amount of the fine for the third violation of the same ordinance within five years
of the first violation is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, the amount of the fine shall not exceed five thousand dollars ($5,000); and,
The amount of the fine is based upon the severity of the threat to public health and safety.
Provides that, if an ordinance described in 1), above, is not subject to a fine established by ordinance as set forth in this bill, the violation of that ordinance shall be subject to a fine described in existing law.
Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.
EXISTING LAW:
Allows the legislative body of a city, county, or city and county to collect any fee, cost,
or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws.
Limits the amount of a fee, cost, or charge described above to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Provides that violation of a city or county ordinance is a misdemeanor, unless by ordinance it is made an infraction.
Provides that a violation of a city or county ordinance may be prosecuted by city or county authorities in the name of the people of the State of California, or redressed by civil action.
Provides that every violation of a city or county ordinance determined to be an infraction is punishable by the following:
A fine not exceeding one hundred dollars ($100) for a first violation;
A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; and,
A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
Provides that a violation of local building and safety codes determined to be an infraction is punishable by the following:
A fine not exceeding one hundred dollars ($100) for a first violation;
A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; and,
A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
Bill Summary. This bill establishes a new fee structure for violations of a number of specified county ordinances, if those violations are infractions. The specified ordinances include those that govern building and safety; brush removal; grading; film permitting; zoning; and, the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells.
The proposed fee structure is as follows:
-
Number of violations within specified time periods
Amount of fine if a permit fee exists
Amount of fine in the absence of a permit fee
First violation
Fine does not exceed the amount of the permit fee required by the ordinance multiplied by 10, or $5,000, whichever is less
Fine shall not exceed $1,000
Second violation within five years of first violation
Fine is greater than $5,000 but does not exceed $10,000
Fine shall not exceed $2,500
Third violation within five years of first violation
Fine is greater than $10,000 but does not exceed $15,000
Fine shall not exceed $5,000
The amount of the fine is based on the severity of the threat to public health and safety. This bill is sponsored by the Santa Barbara County Board of Supervisors.
Author's Statement. According to the author, "AB 514 will provide counties with more local control to impose fines for specific violations of the County’s Land Use and Development codes, specifically where permits are available.
"The Land Use and Development codes focus on events that have over 300 people attending, if there is potential public disturbance, and/or a structure is built that would alter the local landscape. The current small fines for violations of forgoing permits do not provide disincentives for violations of the Land Use and Development codes for special events (parties, weddings, and film shoots) and conditions for construction hours and days.
"AB 514 creates a reasonable deterrence mechanism and provides counties with more control to enforce local health and safety ordinances."
Background. Local governments have the authority to enact local planning and land use regulations to protect the public health, safety, and welfare of their residents through their police power. The "police power" provides the right to adopt and enforce zoning regulations, as long as they do not conflict with state laws.
Current law allows cities and counties to establish ordinances, makes violations of ordinances misdemeanors, unless they are made infractions via ordinance adopted by the city or county, and outlines the following fee structure for ordinance violations and building and safety code violations that are determined to be infractions:
-
Number of violations within specified time periods
Amount of fine for ordinance violations
Amount of fine for building and safety code violations
First violation
Fine does not exceed $100
Fine does not exceed $100
Second violation within one year of first violation
Fine does not exceed $200
Fine does not exceed $500
Third violation within one year of first violation
Fine does not exceed $500
Fine does not exceed $1,000
According to the Santa Barbara County Board of Supervisors, the sponsor of this bill, these fines are too low to provide incentives for individuals to obtain proper permits. The sponsor notes that this code section was updated in 2003 to account for inflation, but has not been updated since. The sponsor contends that the fines are so low that many property owners find it easier to violate the County's land use and development codes and pay the low fine than to obtain a permit.
For example, when a property owner would like to build or demolish a structure, the property owner will need to obtain a permit that establishes acceptable working hours. The permit will take into account if there will be noise pollution, traffic issues, and safety hazards to the public. The permit fee is then used to provide safety precautions and limit public disturbances. Fees are accessed on a situational bases, thus the cost of each permit varies. The cost of permits for large events and certain construction projects are typically higher than $100, which does not incentivize property owners to obtain the permit.
The sponsor provided another example in the County of a large commercial wedding for out of town residents. The property owner did not obtain the necessary permits for such a large event. The non-residents had the means to acquire the permit, but the fee to accommodate 300 or more guests would have been higher than the violation fine for this event. The permit review would have addressed public safety and traffic concerns for an event of this magnitude. In this case, the County was only allowed to fine this owner $100 for the purposeful violation. This amount is insufficient to deter property owners who can easily absorb this as part of their routine business operating expense.
This bill provides for increased fines for a number of specified ordinance violations as a means of encouraging proper permitting. The author's office notes that recent amendments inadvertently removed a section of the bill that would have applied its provisions to cities. The author intends to restore that language so that this bill will apply to cities, as well as counties.
Policy Considerations.
Temporary Use and Construction Permits. The sponsor's stated intent of this bill is to encourage proper permitting for construction activities and for large events at residential locations. The Committee may wish to consider whether the bill should be narrowed to impose fines based on what a temporary use permit or a construction permit would have been for any given violation, had it been properly permitted.
Inflationary Adjustment. The sponsor notes that the fee amounts in existing law have not been adjusted for 12 years. The Committee may wish to consider if an inflationary adjustment alone would serve as an appropriate remedy for the problem identified by the sponsor.
Fee Amounts. Current law caps fines for infraction violations at amounts ranging from $100 to $1,000, depending on the number of violations in a year's time and the type of ordinance that is violated. This bill raises those amounts significantly, ranging from a cap of $5,000 to $15,000. The fines will be determined based on the severity of the threat to public health and safety, which the County will decide. If existing fines were adjusted for inflation, they would range from about $130 to about $1,275. The Committee may wish to consider to what extent fines for the types of violations identified in this bill should be increased.
Repeat Offenders. This bill extends the time frame during which a repeated violation
of the same ordinance would incur an increased fine. Current law limits that time period to one year. This bill expands it to five years. The Committee may wish to consider whether this extension is appropriate.
Statewide Application, No Sunset. The Committee may wish to consider if the provisions of this bill should apply statewide, both in cities and counties, or if they should be narrowed to apply only to Santa Barbara County. The Committee may also wish to consider adding a sunset date to allow the Legislature to revisit this authority in the future to determine if it does, indeed, encourage proper permitting.
Court Action. Existing law provides that a violation of a city or county ordinance may be prosecuted by city or county authorities, or redressed by civil action. The Committee may wish to consider whether this bill is needed, given this avenue of redress.
Oil, Gas and Geothermal Ordinances. The most recent amendments to this bill added language that would apply the bill's provisions to ordinances that regulate the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells. This language is beyond the stated intent of this bill and is unclear. The Committee may wish to remove this language from the bill.
State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing the bill's provisions, if the Commission on State Mandates determines that the bill contains costs mandated by the state.
Arguments in Support. The Santa Barbara County Board of Supervisors, sponsor of this measure, states, "AB 514 gives local governments the authority to raise local fines for violators of land use codes who did not obtain a permit where one is available…The current maximum allowable fine amount is insufficient to deter violators of the Land Use Enforcement Codes, and allows entities to visit a County without being appropriately accountable to land use codes."
Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
Santa Barbara County Board of Supervisors [SPONSOR]
Lake County Board of Supervisors
Shasta County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Discussed in Hearing
18MIN
Senate Standing Committee on Public Safety
1MIN
Assembly Floor
3MIN
Senate Floor
14MIN
Senate Standing Committee on Governance and Finance
2MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):