HomeMy WebLinkAbout- - Penalties for Non-Compliance Attach. 1 - 12/7/2010I_'%ir_T91:ILy, 14â–ºkfiI
RESOLUTION NO. 10-
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
THE CITY COUNCIL OF THE CITY 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:
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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 II of Title 1 and shall remain in force until changed by a new resolution.
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ATTEST:
Julie Folcik, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA )
day of
4111[11
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
I, Julie Folcik, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Resolution No. was
duly and regularly passed and adopted by the said City Council at a regular meeting
thereof held on the day of December 2010.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this day of December 2010.
City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
E
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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