HomeMy WebLinkAbout- - Civil Citation Fines and Penalties Sched - 7/6/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 6, 2010 ITEM NUMBER:
SUBJECT: AMENDING THE CIVIL CITATION FINES AND PENALTIES SCHEDULE
DATE: JUNE 30, 2010
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: KIMBERLY BRANDT, AICP, DIRECTOR
FOR FURTHER INFORMATION CONTACT: KIMBERLY BRANDT (714) 754-5604
RECOMMENDATION:
Adopt attached resolution amending the civil citation fines and penalties schedule.
BAC KG RO U N D/ANALYSIS :
On June 22, 2010, City Council directed staff to prepare the necessary resolution for
Council action to increase the City's civil citation fines for code violations; this direction
was made in conjunction with the Council's various actions on the City's 2010/2011
budget. The maximum administrative fine for violations which would be considered
infractions, if charged criminally, is set by State law and is not recommended for any
change.
On April 12, 2010, the Planning Commission recommended the following changes to
the City's civil fines and penalties schedule as it relates to code violations which could
be charged as misdemeanors:
CIVIL FINES AND
PENALTIES AMOUNTS
CURRENT
PROPOSED
11T VIOLATION
$75.00
$150.00'
2ND VIOLATION
$200.00
$300.00
ALL OTHER VIOLATIONS
$500.00
$500.00
The Commission believes that increasing the fine schedule will provide additional
deterrence from violating the City's codes. The fine amounts were last increased in
July 2000 by Council Resolution 00-60.
ALTERNATIVES CONSIDERED:
Council may choose to increase and/or modify the fees as recommended by the
Planning Commission or retain the City's current fine schedule.
FISCAL REVIEW:
The Finance Department has estimated that the proposed fine increases will result in the
City collecting an additional $10,000.00 in fines on an annual basis.
LEGAL REVIEW:
The City Attorney's Office has reviewed the attached resolution and approved it as to
form.
KIMBERLY B DT, AICP
Development Services Director
DISTRIBUTION: City Manager
City Attorney
Public Services Director
Asst. Finance Director
Budget & Research Officer
City Clerk (2)
Staff (4)
File (2)
ATTACHMENTS: 1 Resolution
File Name: 070610CivilCites I Date: 063010 1 Time: 4:30 p.m.
VZ
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING THE CIVIL FINES
AND PENALTIES PURSUANT TO SECTION 1-40 OF THE
COSTA MESA MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AND DECLARE 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, the City Council has once again reevaluated the amount of the fines and
now wishes to set new specific fines and penalties for code violations:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa 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 1, attached hereto and incorporated herein.
SECTION 2. These fines and penalties are subject to the provisions of said Chapter II
of Title 1 and shall remain in force until changed by a new resolution.
PASSED AND ADOPTED this 6th day of July, 2010.
ATTEST:
ALLAN MANSOOR
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
13
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Resolution No. 10_ as considered at a
regular meeting of said City Council held on the day of , 2010, and thereafter
passed and adopted as a whole at the regular meeting of said City Council held on the
day of , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City
of Costa Mesa this day of , 2010
Costa Mesa
SCHEDULE1
CIVIL FINES AND PENALTIES FOR
COSTA MESA MUNICIPAL CODE VIOLATIONS
1. Fines for Violations of 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
Sectionl-33 of the Costa Mesa Municipal Code.
3. Late payment penalties: A $25.00 late payment penalty shall be added to fines
not paid within 30 days of their due date.
4. 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.