The URL can be used to link to this page

Home My WebLink AboutResolution No. 13-7450 - Amending The Administrative Fine Schedule For Violations of the Downey Municipal Code to Add Fines For Firework ViolationsRESOLUTION NO. 13-7450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE TO ADD FINES FOR FIREWORK VIOLATIONS 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 Chapter 5 of Article III of the Downey Municipal Code regulates the possession, sale, use, and discharge of fireworks (both dangerous and safe-and-sane); and, WHEREAS, the City of Downey has a substantial interest in promoting compliance with the federal, state and local laws intended to safeguard the members of the community – especially protecting children from being influenced by the misconduct of adults; and, WHEREAS, the City of Downey recognizes that all fireworks, including those designated as “Safe and Sane”, create potential hazards to the public’s health, safety and general welfare; and WHEREAS, the City Council wishes to amend the codified administrative fine schedule to increase the administrative/civil fine amounts for violations of Chapter 5 (“Fireworks”); and, WHEREAS, the City Council also wishes to extend the applicability of increased administrative/civil fines for fireworks-related violations to a 36-month period (rather than a 12- month period) due to the seasonal nature of these violations; and, WHEREAS, the City Council of the City of Downey has the 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 HEREBY RESOLVE AS FOLLOWS: SECTION 1. The “Schedule of Administrative Fines” is hereby amended to add a fine schedule for violation of Article III, Chapter 5 (“Fireworks”) Sections 3504-3506, 3512. 3513, and 3516 of the Downey Municipal Code as set forth in Exhibit “A”, attached hereto and incorporated by reference herein RESOLUTION NO. 13-7450 PAGE 2 SECTION 2. Interest in the amount of ten percent (10%) per year, computed daily, shal 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. Re-inspection fees, pursuant to the annually adopted Council fee resolution, shall be imposed upon any person causing, permitting, aiding, abetting, or suffering a violation of the Downey Municipal Code (or other technical code adopted therein) that is not timely and completely corrected or abated (with all required approvals, permits, licenses, and/or inspections) after having received notification from the City to correct or abate same. The re- inspection fee for Code Enforcement personnel shall be set at $55, or as subsequently set pursuant to the annually adopted Council fee Resolution SECTION 4 Resolution Nos. 08-7096 ad 09-7136 shall be repealed SECTION 5. The City Clerk shall certify to the adoption of this Resolution APPROVED AND ADOPTED this 22-d day of October, 2013 MARIO A. GUERRA Mayor ATTEST: 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 22-d day of October, 2013 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Marquez, Saab, Vasquez, Mayor Guerra Council Member: None Council Member: None Council Member: None RESOLUTION NO. 13-7450 PAGE 3 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 2-d 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 12-month period Third Offense 12- month eriod Article III (“PUBLIC SAFETY” l®M® DMC 53404 “Failure to Submit Hazardous Materials Business Plan $1000 $2500 $5000 DFC $107.6mw “Overcrowd inl $1500 $ 500 $1000 $3000 $1000 $2500 $5000 $2000 $5000 “Open BurningM Recreational Fires” DFC 52701.5.1 “Failure to Submit Hazardous Materials Management Plan “Failure to Submit Hazardous Materials Inventory Statement” “Releasea Materials” DFC 52701.5.2 $1000 $2500 $5000 DFC ,2703.3 DrC ,2703.3.1 $1500 $1500 $3000 $3000 $5000 $5000“Unauthorized Discharges' Article III (“PUBLIC SAFETY”) Chapter 5 (“FIREWORKS RESOLUTION NO. 13-7450 PAGE 4 DMC Possession or Discharge of 93504(a) Dangerous Fireworks ( 25 lbs. or less) $2000’'t $2500*t#$3000*w DMC §3504(b) o altered Safe-and-Sane Fireworks $2500*t#$3000*t# DMC §3505 I City Property or Public Right- of-Way $2500*t#$3000*t# DMC 63506 o Permit; Sale, Offer for Sale, or Display for Sale at Retail Fireworks Without Permit $2500*t#$3000*w DMC 93512 Operations of Sales Stands $2000*t $2000*t $2500*t# $2500*w $3000’'t# $3000*wDMC 93513 General Requirements for Fireworks Stands s o Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited $25004 $3000*w *In addition to the fine referenced in this schedule, a citee shall be assessed, and shall be liable and responsible for the payment of, the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted by the State Fire Marshal tFines collected for violations of Article III, Chapter 5 shall not be subject to the disbursement required pursuant to California Health & Safety Code section 12706 #In a thirty-six (36) month period Article IV (“PUBLIC WELFARE, MORALS, AND POLICY” 1 DMC 54116 DMC 94118 “Illegal Dumping”$ 250 $ 500 $ 500 $1000 $1000e Property” RESOLUTION NO. 13-7450 PAGE 5 Article V (“SANITATION” 1 TION AND CONVEYANCE CONTROLS”) 1 0 55703 1 Discharge Prohibition o o 25 el 25 Urban Runoff Reduction” CALIFORNIA CIVIL CODE I a ) m3F 2929.3(1) Maintenance” ( 2) (1) California Civil Code; (2) per SB [ $1000 cquired Through Foreclosure Proceedings;11 37-Property F (3) Der da