BILL NUMBER: AB 514 AMENDED
BILL TEXT
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
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 limit the administrative fine amounts
authorize a county to establish administrative fines,
not be exceed specified limits, 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, as
specified subject to certain county
findings . 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.
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
no . State-mandated local program: yes
no .
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) (A) 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 shall,
if the county makes the findings required by subparagraph (B),
be based upon the severity of the threat to public health and safety
and shall not exceed the following:
(A)
(A)(i) 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)
(B)(ii) 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)
(C)(iii) 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).
(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:
(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.
(ii) The payment of the administrative fine would not impose an
undue financial hardship on the person responsible for the payment.
(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.
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.