BILL ANALYSIS Ó
AB 514
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Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
514 (Williams) - As Amended May 4, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill increases the statutory caps on fines that a county
may impose for violations, determined to be infractions, of
ordinances governing building and safety, brush removal,
AB 514
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grading, film permitting, or zoning.
FISCAL EFFECT:
The bill is permissive and, therefore, any local costs are not
reimbursable.
COMMENTS:
1)Purpose. This bill seeks to encourage proper permitting for
construction activities and for large events at residential
locations by providing for increased fines for specified
county ordinance violations. According to the author, "The
Land Use and Development codes focus on events that have over
300 people attending, if there is potential public
disturbance, and/or a structure is built that would alter the
local landscape. The current small fines for violations of
forgoing permits do not provide disincentives for violations
of the Land Use and Development codes for special events
(parties, weddings, and film shoots) and conditions for
construction hours and days. AB 514 creates a reasonable
deterrence mechanism and provides counties with more control
to enforce local health and safety ordinances."
2)Background. Current law allows cities and counties to
establish ordinances, makes violations of ordinances
misdemeanors, unless they are made infractions via ordinance
adopted by the city or county, and outlines the fee structure
for ordinance violations and building and safety code
violations that are determined to be infractions. Fines for
first violations, under current law, cannot exceed $100.
AB 514
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Supporters contend that in some cases the fines are so low
that property owners find it easier to violate County's land
use and development codes and pay the low fine than to obtain
a permit. Permit fees are accessed on a situational bases,
thus the cost of each permit varies. The cost of permits for
large events and certain construction projects is typically
higher than $100, which does not incentivize property owners
to obtain the permit.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081