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 of the same ordinance. The amounts of fines may be modified from time to time by a resolution of the city council.
B. If a violation is otherwise classified as an infraction under the code, the administrative fine shall not exceed one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense of the same ordinance within a twelve (12) month period of time, and five hundred dollars ($500.00) for a third or greater offense of the same ordinance within a twelve (12) month period of time, as set forth in subdivision (b) of section 25132 and subdivision (b) of section 36900 of the California Government Code. 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. In addition to any fine imposed pursuant to this chapter, a reinspection fee shall be assessed against any responsible person in an amount established by resolution of the city council if the responsible person does not timely and completely correct or abate a violation (with all requisite approvals, permits, licenses, and/or inspections) after having received notification from the city to correct or abate same.
D. Failure to pay an administrative fine within the period specified on the citation shall result in the assessment of a late penalty charge. The late penalty charge shall be equal to one hundred percent (100%) of the total fine owed (excluding any reinspection fee).
E. Failure to pay an administrative fine within sixty (60) days of the issuance of an administrative citation or, if contested, within sixty (60) days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine, shall result in the imposition of an interest charge at a rate established by resolution of the city council. Interest shall not accrue on a late penalty charge or reinspection fee. The rate of interest may be modified from time to time by resolution of the city council.
F. Administrative fines, reinspection fees, late penalty charges, and any 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.
G. The due date for the city's receipt of an administrative fine shall be twenty (20) calendar days from the issuance date of a citation. Thereafter, a late penalty charge shall be due and owing, as well as interest, as imposed by this chapter.
H. Payment of an administrative 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.
I. Abatement of a violation shall not excuse the obligation of a citee to pay an administrative fine or any other charges, fees, or costs imposed as a result of the issuance of a citation.
J. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to, the recordation of a lien (secured or unsecured) with the county recorder's office and/or with the California franchise tax board "interagency offset program" 1
. The city may also withhold issuance or renewal of any license, permit, or other entitlement for any property or business whenever an administrative penalty resulting from a code violation at said property or business remains unpaid. The city shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this chapter 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. (Ord. 12-957)
Notes
| 1 | 1. Pursuant to GOV § 12419.10. |