SB 1272: Local ordinances: administrative fines or penalties.

Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties.

Existing law requires the administrative procedures to 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.

This bill would prohibit the imposition of an administrative fine or penalty as described above for any violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, of any ordinance enacted by the local agency if certain conditions are met, including that the property involved in the violation is a residential property that is owner occupied. The bill would make conforming changes to the remedy provision.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.