BILL NUMBER: AB 514	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 23, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  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
 a  local building and safety  codes  
ordinance  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.   a fine established by ordinance that is
subject to all of the following requirements: 
    (1)     The amount of the fine does not
exceed the amount of the permit fee required by the local building
and safety ordinance multiplied by 10 or, in the absence of a permit
fee, one thousand dollars ($1,000).  
   (2) The amount of the fine is based upon the severity of the
threat to public health and safety.  
   (3) The amount of the fine for a second violation of the same
ordinance within five years of the first violation is greater than
the amount of the fine for the first violation. The amount of the
fine for the third violation of the same ordinance within five years
of the first violation is greater than the amount of the second
violation. 
  SEC. 2.  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
 a  local building and safety  codes  
ordinance  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.   a fine established by ordinance that is
subject to all of the following requirements:  
   (1) The amount of the fine does not exceed the amount of the
permit fee required by the local building and safety ordinance
multiplied by 10 or, in the absence of a permit fee, one thousand
dollars ($1,000).  
   (2) The amount of the fine is based upon the severity of the
threat to public health and safety.  
   (3) The amount of the fine for a second violation of the same
ordinance within five years of the first violation is greater than
the amount of the fine for the first violation. The amount of the
fine for the third violation of the same ordinance within five years
of the first violation is greater than the amount of the second
violation. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.