Agenda Report
Fullerton City Council
MEETING DATE: December 19, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: Sunayana thomas, Director of community and economic development PREPARED BY: guillermina torrico, code enforcement manager SUBJECT: Administrative Citation Fee Ordinance Amendment TO UPDATE THE FEE SCHEDULE PREVIOUSLY SET BY RESOLUTION NO. 2019-17
SUMMARY
Proposed amendment to Fullerton Municipal Code Title 1 (Administrative Citations) to provide more effective code enforcement and implement changes from California Senate Bills 60 and 427.
RECOMMENDATION
1. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 1 CHAPTER 1.10 RELATING TO ADMINISTRATIVE CITATIONS
2. Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AMOUNTS FOR FINES IMPOSED FOR CODE VIOLATIONS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 1.10.050
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Public Safety
Infrastructure and City Assets.
FISCAL IMPACT
The proposed increase to fine amounts for Short-Term Rental properties may result in a slight increase in revenue to the General Fund. Revenue from fines varies from year to year and a reduction in the number of fines due to changes in enforcement processes and fine amounts has the desired deterrent effect may offset any increase.
DISCUSSION
Background
California Government Code Section 53069.4 allows cities to make any violation of its ordinances subject to an administrative fine or penalty. City Council adopted an ordinance adding Fullerton Municipal Code (FMC) Title 1 Chapter 1.10 to establish administrative citations, fines and penalties for FMC violations in 1998. City Council adopted Resolution No. 8986 at the same time setting the Administrative Citations Fee Schedule for those violations. City Council last updated this fee schedule in May 2019 by Resolution No. 2019-17 (Attachment 4).
Various City departments, including Community and Economic Development, Public Works - Engineering and Fire, utilize administrative citations as a compliance tool with applicable code requirements. The Code Enforcement Division uses Chapter 1.10 as the primary remedy to enforce code violations, including City building and safety codes. This tool, along with the Civil Penalties Schedule, sets the fines that the City may issue for FMC violations.
California Senate Bill 60 (SB 60), amends Government Code Sections 25132 and 36900, allowing cities and counties to increase the maximum fine amounts for code violations involving Short-Term Rentals (STRs) to amounts greater than those available for non-STR code violations. SB 60 provides a deterrent to ensure compliance with approved STR operations and holds STR operators accountable.
SB 60 also requires municipalities to provide a process to reduce STR fines. The FMC already provides that allowance and this amendment updates language compliant with the California Government Code.
California Senate Bill 427 (SB 427) protects the health and safety of communities and their water systems and addresses water theft violations. SB 427 authorizes local agencies that provide water service to adopt an ordinance that prohibits water theft subject to an administrative fine. Both laws give local municipalities the ability to enhance tools already in place to protect the health and safety of residents through Code Enforcement. The City needs to amend its administrative enforcement procedures set forth in FMC Chapter 1.10 to effectuate both new laws as they have implications that impact the Code Enforcement program.
Staff recommends increasing the maximum administrative fine levels according to the provisions of both Senate Bills and modifying Title 1 to comply with the provisions. Staff recommends minor modifications to Chapter 1.10 which will streamline outdated enforcement and service processes.
The City set current fines for STR violations at $100 for the first violation, $200 for the second violation within a year and $500 for the third violation in a year. The City has no administrative citation fines for water-theft violations.
Hosts typically charge more in one night than the maximum fine amount, making the current fines the City can levy for STRs too low to deter violations. This increase would allow the City to issue citations to STR operators who violate the FMC due to improper STR operation management.
Proposed Amendment
The proposed amendment would change the following Code Enforcement protocols:
Streamline the Code Enforcement process to serve Administrative Citations Add provision in the Administrative Citation Appeal Process to preserve a citation recipient’s right to appeal by submitting a Hardship Waiver form with documentation in lieu of having to deposit the fine amount Increase maximum fines the City can levy for STRs and water-theft violations Add provision allowing recipients of second or third Administrative Citations to submit a Hardship Waiver to reduce fine amounts or to establish a payment plan once they show evidence of compliance.
The recommended resolution proposes amending the Administrative Citation Fee Schedule, last modified in 2019, according to new State law to provide more effective FMC enforcement The following lists the current Administrative Citation Fee Schedule:
All Violations Other Than Violations of Building and Safety Codes Violations of Building and Safety Codes
Fine Amount
Violation
Fine Amount
Violation
$100
For first violation
$130
For first violation
$200
For second violation of the same ordinance within one year $700
For second violation of the same ordinance within one year $500
For each additional violation of the same ordinance within one year $1,300
For each additional violation of the same ordinance within one year $2,500
Subsequent violation(s) of specified violations within two years of first violation. If the property is a commercial property with an existing building and the violation is due to the failure of the owner to remove visible refuse or to prohibit unauthorized use of the property.
The proposed Administrative Citation Fee Schedule would retain the existing fine schedule and add two additional fines specifically for STR and water-theft violations resulting in the following:
Violations Relating to Short-Term Rental Ordinance
Violations Relating to Water-Theft
Via Meter Tampering*
Other Forms of Theft**
Fine Amount
Violation
Fine Amount
Violation
$1,500
For first violation
$130*
For first violation
$3,000
For second violation of the same ordinance within one year $700*
For second violation of the same ordinance within one year $5,000
For each additional violation of the same ordinance within one year $1,300*
For each additional violation of the same ordinance within one year $1,000**
For first violation
$2,000**
For second violation of the same ordinance within one year $3,000**
For each additional violation of the same ordinance within one year Staff would retain discretion to apply the increased penalties depending on the nature of the violation, the responsiveness of the parties involved and whether issuance of the penalties would facilitate compliance. Staff issues citations only after the responsible party has disregarded duly noticed requests to comply.
The recommendation remains consistent with the Code Enforcement current policy to encourage voluntary compliance which staff achieves in most cases. This recommendation would provide the Code Enforcement staff with a more effective tool to ensure the health, safety and welfare of residents and businesses, when necessary.
Environmental Review
The proposed action is exempt from California Environmental Quality Act requirements because it is not a project with potential to cause a significant effect on the environment under Title 14 of the California Code of Regulations, Section 15061(b)(3). No further environmental review is necessary.
Attachments:
Attachment 1 – Draft Ordinance
Attachment 2 – Redline Ordinance
Attachment 3 – Draft Resolution
Attachment 4 – City Council Resolution No. 2019-17
cc: City Manager Eric J. Levitt
Administrative Citation Fee Ordinance Amendment
December 19, 2023 - Page 3