HomeMy WebLinkAbout2015-007 - Adminstrative Fines for Violating Provisions of the Santa Ana Municipal CodeSMS — 02/17/15
RESOLUTION NO. 2015 -007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SETTING ADMINISTRATIVE FINES FOR
VIOLATING PROVISIONS OF THE SANTA ANA
MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. California Government Code Section 53069.4 authorizes the City to make
violations of the Santa Ana Municipal Code (SAMC) subject to an
administrative fine and penalty.
B. Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the
administrative citation process, which provides for notice of the violation and
the opportunity to contest the citation. If the citation is continuing and pertains
to building, plumbing, electrical, or other similar structural or zoning issues,
and does not create an immediate danger to health and safety, the
responsible person is provided sufficient time to correct the violation before a
fine is imposed.
C. Santa Ana Municipal Code Section 1 -21.3. (a) authorizes the City Council to
establish by resolution the amounts of fines associated with administrative
citations.
Section 2. The City Council hereby establishes the following fine amounts for
administrative citations for violations of the SAMC:
The amounts of administrative fines shall be assessed as listed below:
A. Building Code Violations posing imminent hazard to health & safety. For
violations regarding improvements to, or the use of, buildings, structures, or
land found in local, state, or federal codes, including, but not limited to, the
California Health and Safety Code ( "H &S "); the California Building Standards
Code ( "CBSC) codified in Title 24 of the California Code of Regulations; the
California Building Code ( "CBC); the California Residential Code ( "CRC');
the California Fire Code ( "CFC °); the California Electrical Code ( "CEC); the
California Plumbing Code ( "CPC'); the California Mechanical Code ( "CMC ");
the Uniform Housing Code ( "UHC); the Uniform Code for the Abatement of
Dangerous Buildings ( "UCADB "); and the International Property Maintenance
Resolution No. 2015 -007
Page 1 of 4
Code ( "IPMC), these unlawful conditions shall be subject to administrative
fines in the following amounts:
B. Land Use Violations. For violations of the Santa Ana Municipal Code
Chapters 18 and 41, involving the unauthorized use of buildings, structures,
or land, these unlawful conditions shall be subject to administrative fines in
the following amounts:
ADMINISTRATIVE FINE PER DAY OF VIOLATION
Third Violation and All
SAMC
SAMC
Subsequent Violations
Vjolation
First
Second
Within 1 Year of the
Within 1 Year of the
Violation
Violation
First Violation of the
First Violation of the
Same Code Provision
Structural
Not to exceed
Not to exceed
Not to exceed
violations
$1,000
$2,500
$5,000
B. Land Use Violations. For violations of the Santa Ana Municipal Code
Chapters 18 and 41, involving the unauthorized use of buildings, structures,
or land, these unlawful conditions shall be subject to administrative fines in
the following amounts:
C. All other administrative fines for violations designated as misdemeanors that
are not referenced in subsections (A) or (B) above, shall be assessed in the
following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding five hundred dollars ($500.00) for a second
violation of the same code provision within one year from the date of
the first violation; and
3. A fine not exceeding one thousand dollars ($1,000.00) for each
additional violation of the same code provision within one year from
date of the first violation.
Resolution No. 2012 -007
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ADMINISTRATIVE FINE PER DAY OF VIOLATION
Third Violation and All
SAMC
Subsequent Violations
Violation
First
Second
Within 1 Year of the
Violation
Violation
First Violation of the
Same Code Provision
Zoning
Not to exceed
Not to exceed
Not to exceed
violations
$1,000
$2,500
$5,000
C. All other administrative fines for violations designated as misdemeanors that
are not referenced in subsections (A) or (B) above, shall be assessed in the
following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding five hundred dollars ($500.00) for a second
violation of the same code provision within one year from the date of
the first violation; and
3. A fine not exceeding one thousand dollars ($1,000.00) for each
additional violation of the same code provision within one year from
date of the first violation.
Resolution No. 2012 -007
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D. Notwithstanding the foregoing, administrative citation fines for violations
designated as infractions and for which fine amounts are not specifically
stated, shall be assessed in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second
violation of the same code provision within one year from the date of
the first violation; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same code provision within one year from the date of
the first violation.
Section 3. This Resolution shall take effect on the effective date of Ordinance
No. NS -2876, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 17th day of February, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attor y
B:
Y
Senior Assistant City Attorney
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Resolution No. 2015 -007
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -007 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 17, 2015.
Date: c!RJ r�s
Clerk of the Council
City of Santa Ana
Resolution No. 2012 -007
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