(A) The amounts of the fines imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses in a 12-month period. The amounts of fines may be modified from time to time by a resolution of the City Council.
(B) If a violation is classified as an infraction under the code, the civil fine shall not exceed $100 for a first offense, $200 for a second offense within one year, and $300 for a third offense within one year as set forth in Cal. Gov’t Code, §§ 25132(b) and 36900(b). The amounts of such fines may be modified from time to time by a resolution of the City Council provided they do not exceed the limits allowed by state law.
(C) Failure to pay a civil fine within the period required from the issuance date of a citation shall result in a late charge as established by a resolution of the City Council. The amount of a late charge may be modified from time to time by a resolution of the City Council.
(D) The City Council may, by resolution, also establish and impose a daily interest charge on fines that are not fully paid to the city within 60 days of their issuance when they are not contested, or within 60 days of their non-payment following the decision of a hearing officer or a judicial officer to uphold or confirm the fine. Interest shall not be imposed on a late charge. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the City Council.
(E) Civil fines and any late charges and interest due shall be paid to the city at such location or address as stated in the citation, or as may otherwise be designated by the City Manager.
(F) The due date for the city’s receipt of a civil fine shall be 15 calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing, as well as interest, as imposed by this chapter.
(G) Payment of a civil fine shall not excuse or discharge a citee from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the code.
(H) Abatement of a violation shall not excuse the obligation of a citee to pay a civil fine, or any late charge or interest.
(I) Unpaid civil fines and/or late charges, as well as interest shall constitute a debt that may be collected in any manner allowed by law. The city shall be entitled to recover its attorney fees and costs arising from an action to collect a civil fine and/or late charge if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A citee shall be entitled to recover his or her attorney fees if the city made the election to seek attorney fees at the outset of the action and the citee prevails thereon.
(J) The city may record a Notice of Lien Claim against real property in the city with the County Recorder’s Office, on a form approved by the City Attorney or City Prosecutor, for an unpaid civil fine when all of the following conditions have been met:
(1) The citee has an ownership interest in real property in the city.
(2) The citee committed, or was responsible for, the commission of a violation that occurred on, or concerned, that real property.
(3) The citation has become final or confirmed because:
(a) The citee failed to request an administrative hearing by the required date, or did not do so in a timely manner; or
(b) The citee failed to appeal a hearing officer’s decision upholding a citation to the superior court by the required date, or did not do so in a timely manner; or
(c) The superior court ruled against the citee and upheld the citation.
(4) The fine, as well as any late charges and accrued interest, have not been fully received by the city within 30 calendar days of the date referenced in division (3)(a), (b) or (c).
(5) A copy of the notice of claim shall be mailed by first class mail to the citee to the address shown in the citation.
(K) Upon receipt of the entire amount of the city’s unpaid civil fine, as well as all late charges and accrued interest, the city shall, within 30 calendar days of said date, record a notice of rescission of lien claim with the County Recorder’s Office. The City Attorney or City Prosecutor shall approve this form. A copy of the notice of rescission of lien claim shall be mailed by first class mail to the citee to the address shown in the citation.
(Ord. 2007-19 § 4 (part), 2007)