AB 514, as introduced, Williams. Ordinances: violations: fines.
Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.
Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead require a maximum fine or penalty amount for a violation of those local building and safety ordinances to be established by ordinance that is subject to specified requirements. By requiring cities and counties to establish these fine or penalty amounts by ordinance, the bill would impose a state mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 25132 of the Government Code is
2amended to read:
(a) Violation of a county ordinance is a misdemeanor
4unless by ordinance it is made an infraction. The violation of a
5county ordinance may be prosecuted by county authorities in the
6name of the people of the State of California, or redressed by civil
7action.
8(b) Every violation determined to be an infraction is punishable
9by (1) a fine not exceeding one hundred dollars ($100) for a first
10violation; (2) a fine not exceeding two hundred dollars ($200) for
11a second violation of the same ordinance within one year; (3) a
12fine not exceeding five hundred dollars ($500) for each additional
13violation of the same ordinance within one year.
14(c) Notwithstanding any other
provision of law, a violation of
15begin insert
aend insert local building and safetybegin delete codesend deletebegin insert ordinanceend insert determined to be an
16infraction is punishable bybegin delete (1) a fine not exceeding one hundred begin insert a fine established by ordinance that
17dollars ($100) for a first violation; (2) a fine not exceeding five
18hundred dollars ($500) for a second violation of the same ordinance
19within one year; (3) a fine not exceeding one thousand dollars
20($1,000) for each additional violation of the same ordinance within
P3 1one year of the first violation.end delete
2is subject to all of the following requirements:end insert
3begin insert(1)end insertbegin insert end insertbegin insertThe amount of the fine does not exceed the amount of the
4permit fee required by the local building and safety ordinance
5multiplied by 10 or, in the absence of a permit fee, one thousand
6dollars ($1,000).end insert
7(2) The amount of the fine is based upon the severity of the
8threat to public health and safety.
9(3) The amount of the fine for a second violation of the same
10ordinance within five years of the first violation is greater than
11the amount of the fine for the first violation. The amount of the
12fine for the third violation of the same ordinance within five years
13of the first violation is greater than the amount of the second
14violation.
Section 36900 of the Government Code is amended
16to read:
(a) Violation of a city ordinance is a misdemeanor
18unless by ordinance it is made an infraction. The violation of a
19city ordinance may be prosecuted by city authorities in the name
20of the people of the State of California, or redressed by civil action.
21(b) Every violation determined to be an infraction is punishable
22by (1) a fine not exceeding one hundred dollars ($100) for a first
23violation; (2) a fine not exceeding two hundred dollars ($200) for
24a second violation of the same ordinance within one year; (3) a
25fine not exceeding five hundred dollars ($500) for each additional
26violation of the same ordinance within one year.
27(c) Notwithstanding any other
provision of law, a violation of
28begin insert aend insert
local building and safetybegin delete codesend deletebegin insert ordinanceend insert determined to be an
29infraction is punishable bybegin delete (1) a fine not exceeding one hundred begin insert a fine established by ordinance that
30dollars ($100) for a first violation; (2) a fine not exceeding five
31hundred dollars ($500) for a second violation of the same ordinance
32within one year; (3) a fine not exceeding one thousand dollars
33($1,000) for each additional violation of the same ordinance within
34one year of the first violation.end delete
35is subject to all of the following requirements:end insert
36(1) The amount of the fine does not exceed the amount of the
37permit fee required by the local building and safety ordinance
38multiplied by 10 or, in the absence of a permit fee, one thousand
39dollars ($1,000).
P4 1(2) The amount of the fine is based upon the severity of the
2threat to public health and safety.
3(3) The amount of the fine for a second violation of the same
4ordinance within five years of the first violation is greater than
5the amount of the fine for the first violation. The amount of the
6fine for the third violation of the same ordinance within five years
7of the first violation is greater than the amount of the second
8violation.
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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