Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 514

Introduced by Assembly Member Williams

February 23, 2015

An act to amend begin delete Sections end delete begin insert Section end insert 25132 begin delete and 36900 end delete of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 514, as amended, 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 begin delete require a maximum fine or penalty amount for a violation of those local building and safety ordinances end delete begin insert authorize the fine amounts for violations of specified county ordinances, including local building and safety ordinances, determined to be an infraction end insert to be established by begin insert an end insert ordinance that is subject to specified begin insert maximum amount end insert requirements begin insert for the first, 2nd, and 3rd violations of the same ordinance. If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine end insert . By begin delete requiring cities and counties to establish these end delete begin insert imposing duties on counties regarding end insert fine or penalty amounts begin delete by ordinance, end delete begin insert for violation of specified ordinances, including local building and safety ordinances end insert begin insert , end insert 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
begin delete by (1) a end delete begin insert by the following: end insert

begin insert (1) end insert begin insert   end insert begin insert A end insert fine not exceeding one hundred dollars ($100) for a begin delete first
violation; (2) a end delete begin insert first violation. end insert

begin insert (2) end insert begin insert   end insert begin insert A end insert fine not exceeding two hundred dollars ($200) for a second
violation of the same ordinance within begin delete one year; (3) a end delete begin insert one year. end insert

begin insert (3) end insert begin insert   end insert begin insert A end insert 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 begin insert ordinance, brush removal ordinance,
grading ordinance, film permit ordinance, zoning ordinance, or
an end insert ordinance begin insert that regulates the drilling, operation, maintenance,
and abandonment of oil, gas, and geothermal wells, end insert determined
to be an infraction begin delete is end delete begin insert may be end insert punishable by a fine established by
ordinance that is subject to all of the following requirements:

(1) The amount of the fine begin insert for the first violation end insert does not exceed
the amount of the permit fee required by the begin delete local building and
safety end delete ordinance multiplied by 10 begin delete or, in end delete begin insert or five thousand dollars
($5,000), whichever is less. In end insert the absence of a permit fee, begin insert the
amount of the fine does not exceed end insert one thousand dollars ($1,000).

begin delete

(2) The amount of the fine is based upon the severity of the
threat to public health and safety.

end delete begin delete

(3)

end delete

begin insert (2) end insert  The amount of the fine for a second violation of the same
ordinance within five years of the first violation is greater than begin delete the
amount of the fine for the first violation. end delete begin delete The end delete begin insert five thousand dollars
($5,000), but does not exceed ten thousand dollars ($10,000). In
the absence of a permit fee, the amount of the fine shall not exceed
two thousand five hundred dollars ($2,500). end insert

begin insert The end insert amount of the fine for the third violation of the same
ordinance within five years of the first violation is greater than the
begin delete amount of the second violation. end delete begin insert ten thousand dollars ($10,000),
but does not exceed fifteen thousand dollars ($15,000). In the
absence of a permit fee, the amount of the fine shall not exceed
five thousand dollars ($5,000). end insert

begin insert

(4) The amount of the fine is based upon the severity of the
threat to public health and safety.

end insert begin insert

(d) If an ordinance described in subdivision (c) that is
determined to be an infraction is not subject to a fine established
by ordinance as set forth in subdivision (c), the violation of that
ordinance shall be subject to a fine described in subdivision (b).

end insert

begin delete

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 ordinance determined to be an infraction
is punishable by 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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.