BILL NUMBER: AB 514	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 23, 2015

   An act to amend Section 25132 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   2nd 
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 authorize the fine amounts for violations of
specified county ordinances, including local building and safety
ordinances, determined to be an infraction to be established by an
ordinance that is subject to specified maximum amount requirements
for the first, 2nd,  and 3rd   3rd, and
subsequent  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. By imposing duties on counties
regarding fine or penalty amounts for violation of specified
ordinances, including local building and safety ordinances, 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 the following:
   (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, brush removal ordinance, grading
ordinance, film permit ordinance, or zoning ordinance determined to
be an infraction may be punishable by a fine established by ordinance
that is subject to all of the following requirements:
   (1) The amount of the fine for the first violation does not exceed
the amount of the permit fee required by the ordinance multiplied by
three or five thousand dollars ($5,000), whichever is less. In the
absence of a permit fee, the amount of the fine does not exceed one
thousand dollars ($1,000).
   (2) The amount of the fine for a second violation of the same
ordinance within five years of the first violation does not exceed
the amount of the permit fee required by the ordinance multiplied by
five, or ten thousand dollars ($10,000), whichever is less. In the
absence of a permit fee, the amount of the fine shall not exceed two
thousand five hundred dollars ($2,500).
   (3) The amount of the fine for the third violation  and
subsequent violations  of the same ordinance within five years
of the first violation is greater than 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).
   (4) The amount of the fine is based upon the severity of the
threat to public health and safety.
   (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).
  SEC. 2.  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.