Amended in Senate June 29, 2015

Amended in Senate June 9, 2015

Amended in Assembly May 4, 2015

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 Section 25132 end delete begin insert Sections 25132 and 53069.4 end insert of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 514, as amended, Williams. Ordinances: violations: begin insert administrative end insert 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 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 begin delete eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead authorize end delete begin insert limit end insert the begin insert administrative end insert fine amounts for violations of begin delete specified end delete begin insert certain end insert county ordinances, including begin delete local end delete begin insert a county end insert building and safety begin delete ordinances, end delete begin insert ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, end insert determined to be an infraction begin delete to be established by an ordinance that is subject to specified maximum amount requirements for the first, 2nd, 3rd, and subsequent violations of the same ordinance end delete begin insert , as specified end insert . begin delete If one of these specified ordinances is not subject to a fine ordinance, this bill would specify the amount of the fine. end delete By imposing duties on counties regarding begin insert administrative end insert fine begin delete or penalty end delete 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25132 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

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 first
begin delete violation; (2) a end delete begin insert 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 one begin delete year; (3) a end delete begin insert 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
local building and safety codes determined to be an infraction is
punishable begin delete by (1) a end delete begin insert by an administrative fine described in Section
53069.4 or by one of 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 first
begin delete violation; (2) a end delete begin insert violation. end insert

begin insert (2) end insert begin insert   end insert begin insert A end insert fine not exceeding five hundred dollars ($500) for a second
violation of the same ordinance within one begin delete year; (3) a end delete begin insert year. end insert

begin insert (3) end insert begin insert   end insert begin insert A end insert fine not exceeding one thousand dollars ($1,000) for each
additional violation of the same ordinance within one year of the
first violation.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 53069.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53069.4.  

(a) (1) The legislative body of a local agency, as the
term “local agency” is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction,
the administrative fine or penalty shall not exceed the maximum
fine or penalty amounts for infractions set forth in subdivision (b)
of Section 25132 and subdivision (b) of Section 36900.

begin insert

(2) Notwithstanding paragraph (1), the amount of an
administrative fine for the violation of a county building and safety
ordinance, brush removal ordinance, grading ordinance, film
permit ordinance, or zoning ordinance, that is determined to be
an infraction shall be based upon the severity of the threat to public
health and safety and shall not exceed the following:

end insert begin insert

(A) For the first violation, an amount that does not exceed five
thousand dollars ($5,000) or the amount of the permit fee required
by the ordinance multiplied by three, whichever is less. In the
absence of a permit fee, an amount that does not exceed one
thousand dollars ($1,000).

end insert begin insert

(B) For the second violation of the same ordinance within five
years of the first violation, an amount that does not exceed ten
thousand dollars ($10,000) or the amount of the permit fee required
by the ordinance multiplied by five, whichever is less. In the
absence of a permit fee, an amount that does not exceed two
thousand five hundred dollars ($2,500).

end insert begin insert

(C) For the third violation and subsequent violations of the
same ordinance within five years of the first violation, an amount
that is greater than ten thousand dollars ($10,000), but does not
exceed fifteen thousand dollars ($15,000). In the absence of a
permit fee, an amount that does not exceed five thousand dollars
($5,000).

end insert

begin delete (2) end delete begin insert (3) end insert  The administrative procedures set forth by ordinance
adopted by the local agency pursuant to begin delete paragraph (1) end delete begin insert this
subdivision end insert shall provide for a reasonable period of time, as
specified in the ordinance, for a person responsible for a continuing
violation to correct or otherwise remedy the violation prior to the
imposition of administrative fines or penalties, when the violation
pertains to building, plumbing, electrical, or other similar structural
or zoning issues, that do not create an immediate danger to health
or safety.

(b) (1) Notwithstanding the provisions of Section 1094.5 or
1094.6 of the Code of Civil Procedure, within 20 days after service
of the final administrative order or decision of the local agency is
made pursuant to an ordinance enacted in accordance with this
section regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an
appeal to be heard by the superior court, where the same shall be
heard de novo, except that the contents of the local agency’s file
in the case shall be received in evidence. A proceeding under this
subdivision is a limited civil case. A copy of the document or
instrument of the local agency providing notice of the violation
and imposition of the administrative fine or penalty shall be
admitted into evidence as prima facie evidence of the facts stated
therein. A copy of the notice of appeal shall be served in person
or by first-class mail upon the local agency by the contestant.

(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency’s
file on the case be forwarded to the court, to be received within
15 days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of
the fine or penalty shall be refunded by the local agency in
accordance with the judgment of the court.

(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.

(c) If no notice of appeal of the local agency’s final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.

(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.

begin delete

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).

end delete

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