J. MCGRATH, C.A.
CHIEF SMALL, PA
Council/Agency Meeting Held: 7-6-07
Deferred/Continued to: нахи
O Denied SLode City Clerk's Signature
Council Meeting Date: 7/6/2009 Department ID Number: CA 09-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath *City Attorney
PREPARED BY: Jennifer McGi Jennifer MeGal Cily Attorney SUBJECT: Adoption of Resolution to Increase Civil Fine Amounts Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of issue: In the last ten years, only fine amounts for specific violations of Huntington Beach Municipal Code relating to business regulations and zoning have been increased. The fine amounts for other civil violations of the Huntington Beach Municipal Code should be increased.
Funding Source: No funds required.
Recommended Action: Motion to: Adopt Resolution No. 2009-34_ "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS." Alternative Action(s): Do no adopt Resolution No.2009-34.:
Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since that time, the fine amounts were increased for specific HBMC violations relating to business regulations and zoning; however, fines for non-specific violations have not increased in more than 10 years. Staff is recommending a $25.00 increase for the first violation, a $50.00 increase for the second violation, and a $100.00 increase for the third violation in a twelve month period. These new fine amounts would apply to violations such as dogs off leash, newsrack violations, cell phone usage in the library, and violations of beach and pier regulations.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17
Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our financial reserves.
Environmental Status: Not applicable
Attachments):
City Clerk's
Page Number No. Description™
1. Resolution No. 2009-34 titled "A Resolution of the City Council of the City of Huntington Beach Revising and Restating the Fee Schedule for Civil Fines for Municipal Code Violations." -2- 6/9/20092:15 PM
ATTACHMENT NO. 1
RESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE
FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines, interest and penalties to persons who are issued Administrative Citations pursuant to Chapter 1.18 of the Huntington Beach Municipal Code; and
Section 1.18.070 of the Municipal Code provides that the fines, interest and penalties shall be set by the City Council by resolution; and
The civil fine amounts for specific violations of the Municipal Code were increased in 2007.
However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for over ten years, while the CPI has increased several times during the last decade; and The City Council has considered this matter and has determined to increase and set forth the specific fines, interest and penalties for various code violations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows:
The civil fines, interest and penalties and implementing provisions for violations of the Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1, attached hereto and incorporated herein. The increased fine amounts are in boldface type. 2 These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and shall remain in force until changed by a new resolution of the City Council.
3. Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby repealed
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _6th _ day of July , 2009.
Khill Boh
Mayor
REVIENN AND APPROVED:
INITIATED AND APPROVED AS TO FORM:
Cit
City Attorne
07-875.00234223
Resolution No. 2009-34
SCHEDULE 1
FINES, INTEREST, AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the fines shown below. A subsequent violation is any violation where the citee was cited one or more times in the preceding 12 months for the same violation, unless the violation was cancelled pursuant to Chapter 1.18.
FINE AMOUNT FINE AMOUNT FINE AMOUNT -
CODE FOR FIRST FOR SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATION: VIOLATIONS
Violation of HBMC Titles S, 8, 17 $250 $500 $1,000
and HB Zoning & Subdivision
Ordinance (EXCEPT for violation of
Section 9.52.010 and Huntington
Beach Fire Code Section 7802.3 as
Adopted by Huntington Beach
Municipal Code Section 17.56.010)
Violation of Huntington Beach Fire $500 $1,000 $1,000
Code Section 7802.3 as Adopted by
Huntington Beach Municipal Code
Section 17.56.010.
Violation of Huntington Beach
Municipal Code Section 9.52.010 $500 $1,000 $1,000
Violation of all other Code sections. $125 $250 $600
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate of 18 percent. This interest will be imposed and collected according to the discretion of the City Treasurer upon considering such factors bearing on practicability as to the cost to compute the interest owed, the amount of interest due, and its collectability. The purpose of granting this discretion to the Treasurer is to not require collection of interest when it would not be cost effective.
3. Late Payment Penalties. A $25 late payment penalty shall be owed for fines not paid within 30 days of their due date. The Treasurer shall have the same discretion over collection of late penalties as for interest as set forth in paragraph 2 above.
4. Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be processed through the abatement and/or assessment procedures specified in section 1.18.150 of the Municipal Code. All other delinquent fines may be referred to a collection agency as determined by the City Treasurer.
07-875.00234223 2
Res. No. 2009-34
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
CITY OF HUNTINGTON BEACH
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 6, 2009 by the following vote:
AYES: Carchio, Bohr, Coerper, Hansen
NOES: Dwyer
ABSENT: Green, Hardy
ABSTAIN: None
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Increase Civil Fine Amounts COUNCIL MEETING DATE: July 6, 2009
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable X
Subleases, Third Party Agreements, etc. Attached
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable X
Bonds (If applicable) Attached
Not Applicable
Staff Report (If applicable) Attached
Not Applicable
Commission, Board or Committee Report (If applicable) Attached Not Applicable X
Findings/Conditions for Approval and/or Denial Attached Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
RECEIVED
REVIEWED RETURNED FORWARDED
JUN - 0 2009
Administrative Staff
Deputy City Administrator (Initial)F HUNTING CHI BEACH ADMINISTRATION City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
PLOTSE MALE CASS/CORRECTONS INSERTONS ON PE1-2
(Below Space For City Clerk's Use Only)
RCA Author: 34228-JM