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AgdaPkt 2003-03-10
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AgdaPkt 2003-03-10
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Last modified
6/2/2011 2:44:07 PM
Creation date
3/6/2003 5:04:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
3/10/2003
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(0.2 0 -5 <br />Administrative Order Penalties <br />Currently, Redwood City Municipal Code section 1.35 limits administrative order <br />penalties to "an amount not to exceed the maximum provided in the schedule of <br />administrative fines and other penalties adopted by Council resolution effective on <br />the date when the violation occurred." Penalties levied may be collected as either a <br />personal obligation of the responsible party or, if the violation pertains to real <br />property, by placing a lien on that property. Language of this sort is standard in <br />administrative enforcement programs that provide for administrative orders. <br />In the course of this review it was discovered that Resolution No. 13747 does not <br />currently provide a limit on the maximum amount of administrative order penalties <br />that may be issued pursuant to RCMC section 1.35. As part of these revisions, the <br />Council is asked to set the upper level limit for administrative order violations at no <br />more than $100,000. <br />A survey of the Codes of the county and eight neighboring cities revealed that only <br />San Jose and Palo Alto currently have an administrative order program in place. <br />The remaining cities either have no administrative enforcement program or they rely <br />solely on administrative citations. San Jose limits their maximum total <br />administrative order penalty to $100,000 per property and, like Resolution 13747, <br />Palo Alto's penalty resolution does not reference a maximum total penalty limit. <br />Next Steps <br />Along with the proposed ordinance and resolution, revisions are being made to the <br />administrative enforcement program forms and procedural documents. These revisions <br />are independent of any action that the Council may take on the proposed ordinance and <br />resolution. Specifically, the standard administrative citation form is being updated to clarify <br />fine amounts and appeal procedures. In addition, the City Attorney's Office is working with <br />the Code Enforcement Division of the Community Development Services Department to <br />develop an administrative enforcement manual to be used by both staff and hearing <br />officers. As appropriate, staff will continue to bring to your attention issues related to <br />administrative code enforcement. <br />Alternative <br />The City Council can choose to amend the suggested changes to the proposed ordinance <br />and / or resolution, or to keep the existing ordinance and /or resolution in place. <br />DBB /Reports /Admin <br />020603 <br />
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