BILL NUMBER: SB 567	CHAPTERED  07/14/03

	CHAPTER  60
	FILED WITH SECRETARY OF STATE  JULY 14, 2003
	APPROVED BY GOVERNOR  JULY 14, 2003
	PASSED THE SENATE  JUNE 30, 2003
	PASSED THE ASSEMBLY  JUNE 19, 2003
	AMENDED IN ASSEMBLY  JUNE 17, 2003
	AMENDED IN SENATE  MAY 13, 2003
	AMENDED IN SENATE  APRIL 30, 2003

INTRODUCED BY   Senator Torlakson
   (Coauthor:  Assembly Member Koretz)

                        FEBRUARY 20, 2003

   An act to amend Sections 25132 and 36900 of the Government Code,
relating to local ordinances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 567, Torlakson.  Local ordinances:  penalties for violation.
   Existing law provides with respect to city and county ordinances
that the violation of an ordinance is a misdemeanor unless the
ordinance makes it an infraction.  A violation determined to be an
infraction is punishable by a fine not exceeding $100, by a fine not
exceeding $200 for a 2nd violation of the same ordinance within one
year, and by a fine not exceeding $500 for each additional violation
of the same ordinance within one year.
   This bill would specifically provide that the violations of local
building and safety codes determined to be infractions are 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, and a fine not exceeding $1,000 for each additional
violation of the same ordinance within one year of the first
violation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that the following
circumstances are present in many areas of California:
   (a) Code enforcement continues to persist as a problem for cities
and counties and multiple local agency departments devote personnel
to code enforcement efforts.
   (b) Code enforcement has become and remains a necessity as rural
areas are becoming more urbanized.  With the increase in population,
citizens formerly living in rural areas are now seeing their
communities becoming increasingly developed and urbanized.  With
these changes comes the expectation from the citizenry for better
property upkeep, which requires more action from code enforcement.
   (c) Increases of the California Price Index have nearly doubled
since 1983 and a correlating fine value, based on a $100 fine in
1983, would need to be $194.92 to have an equivalent value in 2001.
   (d) In pursuit of better code enforcement case resolution,
enforcement personnel have found that many violators now pay the fine
but do not resolve the code violation.
   (e) Local agency records further indicate that after all the
initial fines, many owners of problem properties revert back to their
same practices in a short amount of time.  Increased fines will help
deter those individuals from letting their properties revert back to
an unkempt state or using the property in violation of law.
   (f) Code enforcement is complex and, therefore, there is a need
for many tools, including fines, to help and maintain an effective,
efficient, and responsive enforcement of codes.
   (g) The code enforcement staff of cities and counties have
expressed a need for increased fines and that any increase should
provide uniformity among cities and counties.
  SEC. 2.  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 (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 (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. 3.  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
local building and safety codes 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.