Amended in Senate July 15, 2015

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 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 begin delete limit the administrative fine amounts end delete begin insert authorize a county to establish administrative fines, not be exceed specified limits, end insert for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, begin delete as specified end delete begin insert subject to certain county end insert begin insert findings end insert . begin delete By imposing duties on counties regarding administrative fine amounts for violation of specified ordinances, including local building and safety ordinances, the bill would impose a state-mandated local program. end delete

begin delete

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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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
local building and safety codes determined to be an infraction is
punishable 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 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.

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) begin insert   end insert begin insert (A) end insert  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 begin delete shall end delete begin insert shall, if the county makes the findings required by
subparagraph (B), end insert be based upon the severity of the threat to public
health and safety and shall not exceed the following:

begin delete

(A)

end delete

begin insert (A)(i) end insert  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).

begin delete

(B)

end delete

begin insert (B)(ii) end insert  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).

begin delete

(C)

end delete

begin insert (C)(iii) end insert  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).

begin insert

(B) A county shall not assess an administrative fine of more
than five hundred dollars ($500) pursuant to subparagraph (A)
unless the county makes both of the following findings in the
administrative record:

end insert begin insert

(i) The administrative fine was assessed for a willful violation
or a violation that resulted in an unusual and significant threat to
the public health and safety.

end insert begin insert

(ii) The payment of the administrative fine would not impose
an undue financial hardship on the person responsible for the
payment.

end insert

(3) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to 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.

begin delete

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.

end delete