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&7 c4 <br />- penalty amounts for infractions set forth in ... subdivision (b) of Section 36900." <br />Section 36900 (b) sets the fines for violations deemed to be infractions at a not to <br />exceed amount of $100 for the first violation, $200 for the second violation within <br />one year and $500 for each additional violation of the same ordinance within one <br />year. <br />As part of the comprehensive review of the City's administrative enforcement <br />program, each speck code section listed in the non - standard fine section was <br />reviewed to determine whether the violation was a misdemeanor or infraction. For <br />infractions, the corresponding penalty provisions were examined to ensure that the <br />proper fine amounts were being levied. Based on this review it was determined that <br />the existing fine amounts complied with state law. <br />Notice <br />With regard to non - standard fines (those specifically listed in the resolution), the <br />proposed resolution does not suggest any changes. With regard to standard fines <br />(those sections not listed in the resolution), the proposed resolution keeps the fine <br />amount for first violations at $50 if the responsible party does not receive anywritten <br />notice from the enforcement officer before the citation is issued. If written notice is <br />first provided, and the violation is not corrected, the amount of the fine for the first <br />violation is proposed to be $100. Here, it is felt that failure to comply after written <br />notice has been provided should be treated more seriously than if written notice is <br />not first provided. <br />Standard Fines, Second. Third and Subseauent Violations <br />Currently, Resolution No. 13747 does not provide an effective enforcement tool for <br />subsequent violations of the same Municipal Code section. Despite language that <br />suggests standard fine amounts may be as high as $1000 for misdemeanors, the <br />standard fine amount for a second violation is actually $62.50 (the lesser of 125% of <br />the $50.00 standard fine amount for a first violation or $1000). For the third and <br />each subsequent violation, the standard fine amount increases to $75 (the lesser of <br />150% of the $50 fine for the first violation or $1000). The current system provides <br />no real incentive for violators to comply with the Code, even after they have <br />received a second, third or subsequent citation. <br />The proposed resolution no longer distinguishes between standard fines for <br />violations deemed infractions and misdemeanors. Instead, the resolution uses the <br />Government Code as a guide and sets fines for second violations ( occuring within <br />one year of the first) at $200. The fines for a third and subsequent violation <br />(occurring within one year of the second or most recent violation) are set at $500. It <br />is hoped that these new amounts will serve as a deterrent to someone who has <br />been notified of the violation, received a citation and given ample time with which to <br />comply. <br />DBB /Reports/Admin <br />020603 <br />