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Home My WebLink AboutResolution No. 08-7096 - Administrative Fine Schedule for Code ViolationsRESOLUTION NO. 08-7096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING 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, 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, Downey Municipal Code section 1406(C) authorizes the City Council to impose a re-inspection fee upon persons responsible for violations of the Downey Municipal Code, and requires that said fee be established by resolution of the City Council; and, WHEREAS, Downey Municipal Code section 1406(E) requires that the schedule of fines shall specify the amount of interest that will be assessed and imposed as a result of a failure by a Citee to tender the requisite administrative fine within sixty (60) days. WHEREAS, the State of California has adopted and enacted Section 2929.3 of the California Civil Code authorizing governmental agencies to impose a civil fine of up to $1,000 per day upon any owner of vacant residential property acquired through foreclosure proceedings who fails to maintain said property. WHEREAS, the City of Downey has determined that the presence of vacant residentiai properties has detrimental effects upon the health, safety, and welfare of the City’s residents, businesses, visitors, and the general public. WHEREAS, many vacant properties are the responsibility of out-of-state or out-of-area lenders and trustees, who, in many instances, fail to adequately maintain and secure these vacant residences. 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. “Schedule of Administrative Fines,” as set forth in Exhibit “A”. attached hereto, is hereby adopted. RESOLUTION NO. 08-7096 PAGE TWO SECTION 2. 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 3. 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 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 9th day of December, 2008./) Zn ,c) d? MARIO A. GUERRA, Mayor ATTEST: qYazaiy. 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 December, 2008, 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 qM„,Jy . KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO.. 08-7096 PAGE THREE 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 3'd or greater offense of the same provision within a 12-month period of time Code Section Description of First Second Third Violation Offense Offense Offense Article III (“Public Safety”) Chapter 3 (“Fire Code") DMC 63404 “Failure to Submit Hazardous Materials Business Plan” “Overcrowding” $1000 $2500 $5000 [ DFC 6107.6 DFC 9307 $1500 $500 $3000 $1000 $5000 $2000“Open Burning and Recreational Fires” “Failure to Submit Hazardous Materials Management Plan” “Failure to Submit Hazardous Materials Inventory Statement” “Release of Hazardous Materials” “ Unauthorized Discharges” DFC 92701.5.1 $1000 $2500 $5000 DFC 62701.5.2 $1000 $2500 $5000 DFC 92703.3 DFC 52703.3.1 $1500 $3000 $5000 $1500 $3000 $5000 Article IV (“PUBLIC WELFARE, MORALS, AND POLICY”) Chapter 1 (“DISORDERLY CONDUCT, ETC.”) DMC 54116 “Illegal Dumping” $250 $500 $1000 RESOLUTION NO. 08-7096 PAGE FOUR Article V (“SANITATION”) Chapter 7 (“STORM WATER AND URBAN RUNOFF POLLUTION AND CONVEYANCE CONTROLS”) DMC 65703 “Illicit Connection and Illicit Discharge Prohibition” “Control of Pollutants” “BMP Requirements for Urban Runoff Reduction $250 $500 $1000 DMC §5704 DMC §5705 $250 $250 $500 $500 $1000 $1000 CALIFORNIA CIVIL CODE Title 14. Chapter 2. CCC “Vacant Prop $1000 (3) $1000 (3) $1000 (3) 62929.3(1) Maintenance” (2) (1) California Civil Code; (2> per SB 1 137-Property Acquired Through Foreclosure Proceedings; CJ; per day