BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 514|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 514
          Author:   Williams (D)
          Amended:  7/15/15 in Senate
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-1, 7/8/15
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NOES:  Nguyen
           NO VOTE RECORDED:  Moorlach

           ASSEMBLY FLOOR:  47-27, 5/22/15 - See last page for vote

           SUBJECT:   Ordinances:  violations:  administrative fines


          SOURCE:    Santa Barbara County


          DIGEST:  This bill increases the maximum amounts of  
          administrative fines and penalties that counties can impose for  
          some violations of specified types of ordinances.


          ANALYSIS:   


          Existing law:


          1)Specifies that a violation of a county ordinance is a  
            misdemeanor unless by ordinance it is made an infraction.   


          2)Requires that every ordinance violation that is determined to  
            be an infraction is punishable by:








                                                                     AB 514  
                                                                    Page  2





             a)   A fine not exceeding $100 for a first violation.


             b)   A fine not exceeding $200 for a second violation of the  
               same ordinance within one year.


             c)   A fine not exceeding $500 for each additional violation  
               of the same ordinance within one year.


          3)Requires, as an exception to the general limits on fines for  
            infractions, that a violation of local building and safety  
            codes determined to be an infraction is punishable by:


             a)   A fine not exceeding $100 for a first violation.


             b)   A fine not exceeding $500 for a second violation of the  
               same ordinance within one year.


             c)   A fine not exceeding $1,000 for each additional  
               violation of the same ordinance within one year.


          4)Allows a local agency's legislative body, as an alternative to  
            criminal enforcement mechanisms, to make any violation of any  
            of its ordinances subject to an administrative fine or penalty  
            (SB 814, Alquist, Chapter 898, Statutes of 1995).  


          This bill:


          1)Allows counties, as an exception to the general statutory  
            limits on fines that counties can impose for infractions, to  
            impose a higher administrative fine for a violation of a local  
            building and safety ordinance, brush removal ordinance,  








                                                                     AB 514  
                                                                    Page  3



            grading ordinance, film permit ordinance, or zoning ordinance  
            that is determined to be an infraction.  


          2)Requires that the amount of the administrative fine must be  
            based upon the severity of the threat to public health and  
            safety and must not exceed:


             a)   For the first violation, the amount of the permit fee  
               required by the ordinance multiplied by three or $5,000,  
               whichever is less.  In the absence of a permit fee, the  
               amount of the fine must not exceed $1,000.


             b)   For a second violation of the same ordinance within five  
               years of the first violation, the amount of the permit fee  
               required by the ordinance multiplied by five or $10,000,  
               whichever is less.  In the absence of a permit fee, the  
               amount of the fine must not exceed $2,500.


             c)   For the third violation and subsequent violations of the  
               same ordinance within five years of the first violation, an  
               amount greater than $10,000, but less than $15,000. In the  
               absence of a permit fee, the amount of the fine must not  
               exceed $5,000.


          3)Prohibits a county from assessing an administrative fine of  
            more than $500 pursuant to this bill's provisions unless the  
            county makes both of the following findings in the  
            administrative record:


             a)   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.


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








                                                                     AB 514  
                                                                    Page  4



               the payment.


          Background


          Counties' administrative fines and penalties are subject to the  
          same maximum fine limits that state law applies, in general, for  
          ordinance violations that are determined to be an infraction.   
          The local agency must adopt an ordinance specifying the  
          administrative procedures that govern the imposition,  
          enforcement, collection, and administrative review of the fines  
          or penalties.  The administrative procedures must grant a  
          reasonable time to remedy a continuing violation before the  
          imposition of administrative fines or penalties, when the  
          violation pertains to building, plumbing, electrical, or other  
          similar structural and zoning issues that do not create an  
          immediate danger to health or safety.  Within 20 days after  
          service of a final administrative order or decision regarding  
          administrative fines or penalties, a person contesting that  
          final administrative order or decision may appeal in Superior  
          Court.  Local agencies must go through a civil court proceeding  
          to collect unpaid fines and penalties.


          Some county officials suggest that the maximum amounts of fines  
          that counties can impose under current law are too low to deter  
          some people from willfully violating county ordinances.  For  
          example, in some circumstances, the costs of obtaining county  
          permits to hold a large event or undertake some kinds of  
          construction projects can far exceed the maximum fine amounts,  
          thereby allowing people to save money by choosing to violate  
          county permit requirements and pay the fines.  To help counties  
          deter this kind of behavior, county officials want the  
          Legislature to increase the maximum fines that counties can  
          impose for some ordinance violations.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No










                                                                     AB 514  
                                                                    Page  5



          SUPPORT:   (Verified8/18/15)


          Santa Barbara County (source)
          California State Association of Counties
          Environmental Defense Center
          Lake County Board of Supervisors
          Napa County Board of Supervisors
          Shasta County Board of Supervisors


          OPPOSITION:   (Verified8/18/15)


          None received

          ASSEMBLY FLOOR:  47-27, 5/22/15
          AYES:  Achadjian, Bloom, Bonilla, Bonta, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson,  
            Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin,  
            Nazarian, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Mark Stone, Thurmond, Ting, Williams, Wood,  
            Atkins
          NOES:  Travis Allen, Baker, Bigelow, Brough, Chang, Chávez,  
            Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Harper,  
            Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes,  
            Melendez, Obernolte, Patterson, Steinorth, Wagner, Wilk
          NO VOTE RECORDED:  Alejo, Brown, O'Donnell, Olsen, Waldron,  
            Weber

          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          8/19/15 20:34:22


                                   ****  END  ****


          










                                                                     AB 514  
                                                                    Page  6