RESOLUTION NO. 11444
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SETTING THE
AMOUNT OF FINES AND FEES FOR
VIOLATIONS OF THE ORANGE MUNICIPAL
CODE RELATING TO ADMINISTRATIVE
CITATIONS.
WHEREAS, California Government Code Section 53069.4 authorizes the City Council to adopt an ordinance which makes any violation of the Orange Municipal Code (“OMC”) subject to an administrative fine; and
WHEREAS, the City Council desires to adopt an ordinance pursuant to Government Code Section 53069.4 making any violation of the OMC subject to an administrative fine and establishing procedures governing the imposition, enforcement, collection, and administrative review of those administrative fines; and
WHEREAS, Government Code Section 36900 establishes maximum limits for administrative fines; and
WHEREAS, on March 28, 2023, the City Council introduced Ordinance No 04-23, Chapter 1.10 to the OMC relating to administrative citations in compliance with Government Code Section 53069.4.
NOW, THEREFORE, BE IT BE RESOLVEDby the City Council of the City of Orange as follows:
1. As provided in Government Code Sections 36900(b), the following schedule of administrative fines is adopted for general code violations:
a. Every violation is punishable by a fine of $100 for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine of $200 for a second violation of the same ordinance in a twelve (12) month period; and
c. Every violation is punishable by a fine of $500 for each third or additional violation of the same ordinance in a twelve (12) month period.
2. As provided in Government Code Sections 36900(c), the following schedule of administrative fines is adopted for violations of building and safety codes:
a. A fine of $130 for a first violation in a twelve (12) month period; b. A fine of $700 for a second violation of the same ordinance within a twelve (12) month period;
2 c. A fine of $1,300 for each additional violation of the same ordinance within a twelve (12) month period of the first violation; and
d. For commercial property that has an existing building at the time of the violation and the owner fails to remove visible refuse or prohibit unauthorized use of the property, a fine of $2,500 for each additional violation of the same ordinance within two (2) years of the first violation.
3. An Administrative Citation Processing Fee of $25 shall be imposed when any administrative citation has been issued.
4. An Administrative Citation Appeal Fee of $85 shall be required for any person who has been issued an administrative citation and wishes to appeal said citation before a hearing officer.
5. This Resolution shall be effective immediately upon the effective date of Ordinance No. 04-23.
ADOPTED this ____ day of ___________________, 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange