2005 AGN MAY 17 I15 - Laserfiche WebLink

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Item #15 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF May 17, 2005 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Sgt. Steve Davis - Code Enforcement SUBJECT: Resolution to Increase Administrative Fine Amounts for Certain Municipal Code Violations DATE: May 6, 2005 BACKGROUND: The City established its administrative code enforcement program in July 2000, now codified as Chapter 8 12 of the Colton Municipal Code, to provide additional remedies for gaining compliance with code regulations The Colton Municipal Code states that every violation of the code, whether an infraction or a misdemeanor, may be subject to an administrative fine or penalty as well. (CMC § 8.12.010) As part of the administrative code enforcement program, the City adopted Resolution R-71-00, which sets a progressive fine schedule for consecutive code violations taking place within one year. The existing fine amounts are $100 for a first offense, $200 for the second offense and $500 for the third offense within a twelve month period. These fine amounts are provided for in Government Code section 36900. In January 2004, Government Code section 36900 was amended to increase administrative fines for building and safety code violations up to $1,000 maximum. In light of these increased fine amounts, City staff recently looked into amending the fine amounts established for the administrative code enforcement program to reflect the recent change in the Government Code. In researching the City's authority to increase its administrative fines, City staff has determined that State law appears to impose limits on administrative fines only for infractions. The Government Code does not appear to provide express limitations on administrative fine amounts for violations that can otherwise be prosecuted as misdemeanors_ In addition, the City Council has expressed specific concern over violations of the City s fireworks regulations. City staff was asked to examine the possibility of increasing administrative fines for fireworks violations in order to provide a greater incentive for citizens to comply with the City's fireworks regulations. DISCUSSIO NIANALYSIS: Government Code section 36900 provides that a violation of an ordinance is a misdemeanor, unless by ordinance it is made an infraction. Under that statutory provision, all violations of the Colton Municipal Code that are not specified as infractions are, by default, misdemeanors. In KvPI!I„susa,�ron i