AgdaPkt 2003-03-10 - Laserfiche WebLink

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� zc -3 cannot be located, the enforcement officer must research the owner's appropriate address and mail them the citafion. In an effort to alleviate current difficulties related to responsible parties, the proposed ordinance defines "responsible party" as "any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident" and then lists examples of who might be considered a "responsible party." With regard to businesses, a citation may now be issued in the name of the business itself. In addition, the owner, manager, or on -site supervisor where a violation exists maybe charged as the responsible party. If the owner, manager or on -site supervisor is not present, the citation may be given to an on -site employee on behalf of the business. General Amendments In the course of reviewing the current administrative enforcement program, it was determined that a number of the provisions contained in the administrative citation section and administrative order section were duplicative. Specifically, provisions involving applicability, notice and hearings were identical between the two sections. The proposed amendments attempt to streamline the administrative enforcement articles by removing the duplicative language. Administrative Citation /Administrative Order Fine Resolution As stated above, in 1999 the City Council adopted a resolution setting forth a schedule of administrative fines and penalties. Currently, Resolution No. 13747 sets the standard administrative citation fine for an initial violation of the Municipal Code at $50. The Resolution then lists five pages of specific violations and provides non - standard fine amounts for each of the listed violations. Specific, non - standard fine amounts range from $25.00 (failure to pick up animal waste) to $1,000 (discharge of firearms and weapons) and many increase for subsequent violations of the same section. With regard to standard fines, for second violations within twelve months of the first violation, fines are set at the lesser of 125% of the fine amount of the first violation or $1,000. For the third and subsequent violations within a twelve month period of the first violation, fine amounts can range between the lesser of 150% of the fine amount of the first violation or $1,000. In general, efforts were made as part of the review process to retain the non - standard fine amounts developed in 1999. Amendments, however, are proposed to ensure that the resolution complies with state and local law as well as to assist in compliance efforts after an initial administrative citation has been issued. Government Code section 53069.4 Government Code section 53069.4 permits local jurisdictions to establish administrative enforcement programs. With regard to fines and penalties, the section states in pertinent part, "Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or DBB /Reports /Admin 020603