BILL NUMBER: AB 514 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2015
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 Sections
25132 and 53069.4 of the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 514, as amended, Williams. Ordinances: violations:
administrative 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 eliminate these fine amounts for
violations of local building and safety code ordinances determined to
be an infraction and instead authorize limit
the administrative fine amounts for violations of
specified certain county ordinances, including
local a county building and safety
ordinances, ordinance, brush removal
ordinance, grading ordinance, film permit ordinance, or zoning
ordinance, determined to be an infraction 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 , as specified
. 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
administrative 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 (1) a by the following:
(1) A fine not exceeding one
hundred dollars ($100) for a first violation; (2) a
violation.
(2) A fine not exceeding two
hundred dollars ($200) for a second violation of the same ordinance
within one year; (3) a 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
local building and safety codes determined to be an infraction is
punishable by (1) a by an administrative fine
described in Section 53069.4 or by one of the following:
(1) A fine not exceeding one
hundred dollars ($100) for a first violation; (2) a
violation.
(2) A fine not exceeding five
hundred dollars ($500) for a second violation of the same ordinance
within one year; (3) a 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.
SEC. 2. Section 53069.4 of the
Government Code is amended to read:
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.
(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:
(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).
(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).
(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).
(2) (3) The administrative
procedures set forth by ordinance adopted by the local agency
pursuant to paragraph (1) this subdivision
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.
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. 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.