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HomeMy WebLinkAboutResolution No. 09-7136 - Amend Administrative Fine Schedule for Code violationsRESOLUTION NO. 09-7136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE. WHEREAS, on September 9, 2008, the City Council of the City of Downey introduced an Administrative Citation Ordinance (enacted as Chapter 4 of Title 1 of the Downey Municipal Code) that establishes a process for imposing administrative/civil fines for violations of the Downey Municipal Code (and other technical codes adopted therein); and, WHEREAS, on June 9, 2009, the City Council of the City of Downey introduced an amendment to Section 41 18 of Chapter 1 of Article IV of the Downey Municipal Code (Ordinance No. 09-1245) making violation of said Section subject to citation and the administrative fine process; and WHEREAS, Downey Municipal Code Section 1406(a) provides that the amount of the administrative fine for violations of the Downey Municipal Code shall be set forth in a schedule of fines established by resolution of the City Council; and, WHEREAS, Downey Municipal Code Section 1406(a) requires that the schedule of fines provide for increased fines for repeat violations of the same code provision by the same responsible person; and, [ WHEREAS, the City Council of the City of Downey has obligation to take action to preserve the health, safety, and welfare of its residents, businesses, and the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The “Schedule of Administrative Fines” is hereby amended to add a fine schedule for violation of Section 4118 of Chapter 1 of Article IV of the Downey Municipal Code as set forth in Exhibit “A”, attached hereto and incorporated by reference. SECTION 2. Interest in the amount of ten percent (10%) per year, computed daily, shall accrue and be assessed on any fine that is not fully paid to the City within sixty (60) calendar days of its imposition/issuance when it is not contested in accordance with the provisions of Chapter 4 of Title 1 of the Downey Municipal Code, or if it is not fully paid to the City within sixty (60) calendar days of any decision of a hearing officer or a judicial officer to uphold or confirm the fine if contested in accordance with the provisions of Chapter 4 of Title 1 of the Downey Municipal Code. SECTION 3. This Resolution shall take effect only upon the concurrent effective date of Ordinance No. 09-1245, if approved and adopted by the City Council. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. //// RESOLUTION NO. 09-7136 PAGE TWO APPROVED AND ADOPTED this 9th day of June, 2009 {..& JJ//_ /2nTMR ATTEST: gMCMP'Ma',_ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 9th day of June, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Bayer, Brossmer, Gafin, Marquez, Mayor Guerra Council Member: None Council Member: None Council Member: None KATHLEEN L. MIDSTOKKE, City Clerk EXHIBIT A SCHEDULE OF ADMINISTRATIVE FINES FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE (AND OTHER CODES ADOPTED THEREIN) AND CALIFORNIA CIVIL CODE SECTION 2929.3( Unless otherwise specified in the following schedule, the administrative fine for violations of the Downey Municipal Code (and other codes adopted therein) enforced pursuant to the provisions of Chapter 4 of Title 1 of the Downey Municipal Code shall be as follows: • • $ 100 for the 1 st offense $200 for the 2nd offense of the same provision within a 12-month period of time $500 for the 3rd or greater offense of the same provision within a 12-month period of time Code Section Description of Violation } First Offense Second Offense ThirdOffense Article III (“Public Safety” UlaDter 3]“Fire Code” DMC 53404 “Failure to Submit Hazardous Materials Business Plan $1000 $2500 $5000 DFC $107.6M§m “Overcrowd inl $1500 $ 500 $1000 $3000 $1000 $2500 $5000 $2000 $5000 “Open Burning and Recreational Fires” DFC 52701.5.1 “Failure to Submit Hazardous Materials Management Plan DFC 92701.5.2 “Failure to Submit Hazardous Materials Inventory Statement” $ 1000 $2500 $5000 DFC 2703.3 nF 2703.3.1 “Release of Hazardous Materials'’ $ 1500 $1500 $3000 $3000 $5000 $5000“Unauthorized Discharges” Article IV (“PUBLIC WELFARE, MORALS, AND POLICY” 1 DMC 54116 WD 4118 “Illegal Dumping”$ 250 U2 $ 500 W5 $ 1000 W1]Leggl®nPostirUl – Public Propertv” Article V (“SANITATION“ 1 RM WATER AND – CONTROLS”) DMC §5703 DMC 5704 nM 5705 “Illicit Connection and Illicit Discharge Prohibition” “Control of Pollutants” $ 250 $ 500 $1000 $ 250 $ 250 $ 500 $ 500 $1000 $1000“BMP Requirements for Urban Runoff Reduction” CALIFORNIA CIVIL CODE I ?)2929.3( CCC a Maintenance” (2) $1000 $1000 $1000 mfor Ra–a#m$daP2h;8F©1 137PFiFMRquMThrough Foreclosure Proceedings; (3> per da