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(A) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this division in accordance with California Government Code § 53069.4 and § 36900.
(B) Penalties for general violations.
(1) Every violation determined to be an infraction of the City of Indio Municipal Code that is not subject to another fine schedule is punishable by the following:
(a) A fine not exceeding $100 for a first violation.
(b) A fine not exceeding $200 for a second violation of the same ordinance within one year.
(c) A fine not exceeding $500 for each additional violation of the same ordinance within one year.
(C) Penalties for building and safety code violations.
(1) Notwithstanding any other law, violations of the City of Indio building and safety codes are determined to be infractions and are punishable by the following:
(a) A fine not exceeding $130 for a first violation.
(b) A fine not exceeding $700 for a second violation of the same ordinance within one year.
(c) A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation.
(d) A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(D) Penalties for short-term rental violations.
(1) Notwithstanding any other law, including subdivisions (2) and (3), a violation of the City of Indio short-term rental ordinance that is an infraction is punishable by the following:
(a) A fine not exceeding $1,000 for a first violation.
(b) A fine not exceeding $2,000 for a second violation of the same ordinance within one year.
(c) A fine not exceeding $3,000 for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, "short-term rental" means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, "residential dwelling" means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. "Residential dwelling" does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of § 11212 of the Business and Professions Code.
(Ord. 1809, passed 2-21-24)
The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the City Finance Director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines as provided in Division 16.
(Ord. 1809, passed 2-21-24)
DIVISION 9. SUMMARY ABATEMENT
The City Council finds that its purpose in adopting this division and Division 10 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address City of Indio Municipal Code or applicable state code violations.
(Ord. 1809, passed 2-21-24)
(A) Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:
(1) Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official's order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor;
(2) Post the premises as unsafe, substandard or dangerous;
(3) Board, fence or secure the building or site;
(4) Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
(5) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and
(6) Take any other action as appropriate under the circumstances.
(Ord. 1809, passed 2-21-24)
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