HomeMy WebLinkAbout10-79 - Establishing Penalties for Violations and Amending Civil Fines & Penalties ScheduleRESOLUTION NO. 10-79
Ll A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ESTABLISHING THE
CITY'S PENALTIES FOR VIOLATIONS OF COSTA MESA
MUNICIPAL CODE SECTION 8-83 AND AMENDING THE
CIVIL FINES AND PENALTIES SCHEDULE PURSUANT
TO COSTA MESA MUNICIPAL CODE SECTION 1-40.
HE CITY COUNCIL OF THECITY OF COSTA MESA DOES -HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City has enacted Chapter II of Title 1 of the Costa Mesa
Municipal Code which allows for the assessment of a civil fine for violations of the
Municipal Code; and
WHEREAS, Section 1-40 provides that the fines and penalties shall be set by the
City Council resolution; and
WHEREAS, in Resolution No. 97-81, the City Council originally set the fines and
penalties when the civil citation ordinance was first enacted in September 1997; and
WHEREAS, in Resolution No. 00-60, the City Council reevaluated and set new
fines in July 2000; and
WHEREAS, in Resolution No. 10-55, the city Council reevaluated and set new
fines in July 2010; and
WHEREAS, on October 19, 2010, the City Council adopted ordinance number
10-11, amending Article 1 of Title 8 to make it unlawful for any person to use the
services of an unpermitted waste hauler in the City; and
WHEREAS, the City Council desires to establish the fines and penalties for
violation of section 8-83 of the Costa Mesa Municipal Code:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Costa Mesa, California determines and orders as follows:
SECTION 1. The civil fines, penalties, and implementing provisions for violations
of the Costa Mesa Municipal Code pursuant to Title 1, Chapter II, shall be those as
specified in Schedule I, attached hereto and incorporated herein.
SECTION 2. These fines and penalties are subject to the provisions of said
Chapter 11 of Title 1 and shall remain in force until changed by a new resolution.
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PASSED AND ADOPTED this 7th day of December, 2010.
ATTEST:
C'11�
Juliolcik, City Clerk
etL."CCx�:2
Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 10-79 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 7t" day of December, 2010, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8t" day of December, 2010.
(SEAL)
c: �'.' /' j � 4 r�
JULI OLCIK, OTY CLERK
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CIVIL FINES AND PENALTIES FOR
COSTA MESA MUNICIPAL CODE VIOLATIONS
1. Fines for Violations of the Costa Mesa Municipal Code, except as specifically
enumerated herein or in the Costa Mesa Municipal Code:
$150.00 First Violation
$300.00 Second Violation
$500.00 All other violations of the same code provision within a one-
year period of the first violation
2. Fines for Infraction Violations of the Costa Mesa Municipal Code: The fine for
violating a code provision that is specifically made an infraction under the
Municipal Code shall not exceed the fines imposed for infractions pursuant to
Section 1-33 of the Costa Mesa Municipal Code.
3. Fine for violation of section 8-83 of the Costa Mesa Municipal Code:
The greater of:
a) $1,000 or
b) Three percent (3%) of the total project value
which shall be payable before an occupancy permit or final City approval of any
construction project is granted.
4. Late payment penalties: A $25.00 late payment penalty shall be added to
fines not paid within 30 days of their due date.
5. Collections: Fines that are delinquent for 60 days or more and total at least
$250.00 shall be processed through the abatement and/or assessment
procedures specified in Section 1-48 of the Costa Mesa Municipal Code. All
other delinquent fines may be referred to a collection agency as determined
by the Director of Finance.
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