Resolution — San Jose City Council, June 13, 2023

NVF:TLC:JMD
6/8/2023

1 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE AMENDING THE ADMIN ISTRATIVE CITATION

SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF

THE SAN JOSE MUNI CIPAL CODE IN ORDER TO ADD

AND UPDATE FINES RELA TED TO THE CITY'S

CANNABIS REGULATORY PROGRAM AND MAKE
OTHER ADMINISTRATIVE CORRECTIONS; AND
REPEALING RESOLUTION NO. RES2023-143

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:

SECTION 1. STANDARD FINE: Except as otherwise specific ally set forth in Section 2 below, the administrative citation fine amount for a first violation of the San José Municipal Code shall be Twenty-Five and no/100 Dollars ($25.00).

SECTION 2. NON-STANDARD FINES: The administrative citation fine amounts set forth below are hereby established for violation(s) of the San José Muni cipal Code sections listed below:

Section

Offense Administrative
Citation Fine

4.50.050

Sale of untaxed cigarettes $500.00

4.50.070

Cigarette distributor records and statements
requirements
$250.00

4.50.080

Reporting and remitting requirements $250.00

4.76.300(C)

Transfer of business license $100.00

4.76.310 Failure to carr y or post a business license $50.00

4.76.320 Failure to display ve hicle I.D. sticker (Business license); no transfer.
$75.00

4.76.770 Failure to produce business license upon
demand
$75.00

4.78.450 Disposal Facilit y Tax- Reporting Requirements $500.00

4.78.470 Disposal Facilit y Tax - Records Requirements $250.00 NVF:TLC:JMD
6/8/2023

2 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.02.100 Postin g and Exhibition of Permit or License. $250.00

6.08.050 Owner’s License – Requirements $250.00

6.08.070 Exhibitor’s License – Requirements $250.00

6.08.090 Displa y of License Sticker $250.00

6.08.130 Owner’s Limitation $250.00

6.08.150 Use Restrictions $250.00

6.16.040 No profit, wa ge or salary permitted $250.00

6.16.050 Permit – Required $250.00

6.18.020 Permit required for business sales $250.00

6.18.080 Displa y of going out of business sale permit $250.00

6.24 Compliance with chapter – Christmas Tree
Sales (any violation of Chapter)
$100.00

6.26.010 Carnival and circ us permit required $100.00

6.36.020 Handbill dist ribution - Prohibited when $100.00

6.36.030 Handbill di stribution without license $100.00

6.39.080 Ice Cream Truck Business Permit required $500.00

6.39.090 Emplo yee and Trainee License required. $250.00

6.39.210 Violations of Oper ating Regulations and Permit Conditions
$500.00

6.39.330 Failure to obtain a Trainee Work License $150.00

6.44.090 Massa ge Business Permit required $1,000.00

6.44.100 Massage Ownership/ Management License
required
$500.00

6.44.110 Massa ge Therapy License required $500.00

6.44.200 Violations of Oper ating Regulations and Permit Conditions
$1,000.00

6.46.030 Mobilehome or trailer parkin g $100.00

6.46.040 Use of trailers for livin g or sleeping quarters $100.00

6.50 Compliance with chapter – Patrol
services/security (any violation of Chapter)
$250.00

6.52 Pawnbrokers and Secondhand dealers - permit
requirements (any violation of Chapter)
$750.00

6.54.110 Peddlers Permit required
First violation $250.00
Second violation (within 12 month
period from date of first violation)
$500.00
Third and subsequent violations (within
12 month period from date of first
violation)
$1,000.00
NVF:TLC:JMD
6/8/2023

3 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.54.140 Approved Location Permit required
First violation $250.00
Second violation (within 12 month
period from date of first violation)
$500.00
Third and subsequent violations (within
12 month period from date of first
violation)
$1,000.00

6.54.205 Hours of Business
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.54.210 ID Displa y requirements
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.54.215 General Operatin g Requirements
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.54.220 Noise Restrictions for Peddlers
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00
NVF:TLC:JMD
6/8/2023

4 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.54.230 Noise Restrictions for Motor Vehicle-Based and Mobile Unit Peddlers

First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.54.240 Peddler Parkin g Restrictions
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.54.250 Con gestion Restrictions for Peddlers
First violation $100.00
Second violation (within 12 month
period from date of first violation)
$200.00
Third and subsequent violations (within
12 month period from date of first
violation)
$500.00

6.56 Compliance with chapter – Public pool and
billiard rooms (any violation of Chapter)
$250.00

6.58.020 Public Dancehalls - Permit Required
First violation $500.00
Second violation (within 12 month
period from date of previous violation)
$1,000.00

Third and subsequent violations (within
12 month period from date of previous
violation)
$1,500.00

6.58.150(C) Operatin g Regulations and Permit Conditions First violation $500.00
Second violation (within 12 month
period from date of previous violation)
$1,000.00

Third and subsequent violations (within
12 month period from date of previous
violation)
$1,500.00

6.58.160 Event Promoters, Record Retention And
Security Provided By Event Promoter
$1,250.00
NVF:TLC:JMD
6/8/2023

5 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.60.040 Public Entertainment Business Permit Required First violation $1,250.00
Second violation (within 12 month
period from date of previous violation)
$2,500.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$5,000.00

6.60.060 Ownership/Mana gement License Required
First violation $1,250.00
Second violation (within 12 month
period from date of previous violation)
$2,500.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$5,000.00

6.60.200(C) Violations of O perating Regulations and Permit Conditions

First violation $500.00
Second violation (within 12 month
period from date of previous violation)
$1,000.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$1,500.00

6.60.220 Conditional Use or Planned Development
Permit

First violation $1,250.00
Second violation (within 12 month
period from date of previous violation)
$2,500.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$5,000.00

6.60.230 Noise $500.00

6.60.240 Securit y $1,250.00

6.60.250 Waitin g Lines $500.00

6.60.260 Presence of Persons Under Twenty-one (21)
Years of Age
$1,250.00

6.60.270 Occupanc y Limit $1,250.00

6.60.280 Reportin g Requirements $1,250.00
NVF:TLC:JMD
6/8/2023

6 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.60.290 Public Nuisance Prohibited
First violation $1,250.00
Second violation (within 12 month
period from date of previous violation)
$2,500.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$5,000.00

6.60.295 Event Promoters, Record Retention And
Security Hired By Event Promoters
$1,250.00

6.62.200(A) Event Promoter Permit Required
First violation $1,250.00
Second violation (within 12 month
period from date of previous violation)
$2,500.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$5,000.00

6.62.210(B-C) Event Promoter Perm it Exemption $1,250.00

6.62.300(C) Violations of Operating Regulations and
Conditions Not Otherwise Enumerated

6.62.310 Postin g of Permit $500.00

6.62.320 Identificat ion Card Requirements $500.00

6.62.330 Event Promotion Co ntract Required $1,250.00

6.62.340 Record Keepin g Required $1,250.00

6.62.350 Desi gnated On-Site Representative $1,250.00

6.62.360 Other Le gal Duties $1,250.00

6.62.370 Securit y and Management Functions $1,250.00

6.62.380(D) Rules And Re gulations
First violation $500.00
Second violation (within 12 month
period from date of previous violation)
$1,000.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$1,500.00
NVF:TLC:JMD
6/8/2023

7 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.62.390 Violations Of Oper ating Regulations and
Conditions for Persons Operating Pursuant to
Exemption Under Section 6.62.210

6.62.420 Permit Nontr ansferable $1,250.00

6.62.430(A) Chan ge of Name $500.00

6.62.440(B) Applying for a Permit Following a Revocation $1,250.00

6.64 Compliance with chapter - Taxi and limousine
permits (any violation of Chapter)
$250.00

6.64.280 Additional passengers in taxicab $250.00

6.64.390 Failure to submit to inspection $250.00

6.64.450 Insurance requirements – taxicabs $250.00

6.66.040 Tow car business permit required $500.00

6.66.070 Employment of tow car business assistants -
permit required
$250.00

6.66.080 Tow car business assistants – permit required $250.00

6.66.240 Removal from private property under
possessory lien-Towing
$500.00

6.66.250 Displa y of required documents-Towing $250.00

6.66.270 Removal of vehicles from private property -
approval required-Towing
$500.00

6.66.290 Tow car business – charges $500.00

6.66.300 Removal of vehicles from private property –
Responsibility of tow car company.
$250.00

6.66.310 Keeper liens – drop charges – removal of
vehicles (Towing)
$250.00

6.66.320 Recordkeepin g requirements (Towing) $500.00

6.66.330 Required Si gns - (Towing) $250.00

6.70 Compliance with chapter – Vending Machines
(any violation of Chapter)
$500.00

6.74.020 Display and storage of spray paint & marker
pens
$1,000.00

6.80 Compliance with chapter - Peep shows (any
violation of Chapter)
$500.00
NVF:TLC:JMD
6/8/2023

8 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.82.110 Compliance with chap ter – Window tinting at
beverage service businesses

First violation $250.00
Second violation (in same year) $500.00
Third violation (in same year) $1,000.00

6.82.120 Window tint specifications
First violation $250.00
Second violation (in same year) $500.00
Third violation (in same year) $1,000.00

6.86.230 Property Maintenance (Off-Sale Alcoholic
Beverage Establishment)

First Violation $250.00
Second Violation (within same year) $500.00
Third Violation (within same year) $1,000.00

6.86.240(A) Performance Standar ds (Off-Sale Alcoholic
Beverage Establishment) – Preventing Public
Nuisance Activities

First Violation $500.00
Second Violation (within same year) $1,000.00
Third Violation (within same year) $2,500.00

6.86.240(B) Performance Standar ds (Off-Sale Alcoholic
Beverage Establishment)—Produce State
Department of Alcoholic Beverage Control
license
$250.00

6.86.240(C) Performance Standar ds (Off-Sale Alcoholic
Beverage Establishment) – Compliance with
Section 23790.5 of the California Business and
Professions Code by establishments engaged
in the concurrent sale of off-sale alcoholic
bevera
ges and motor vehicle fuel

First Violation $250.00
Second Violation (within same year) $500.00
Third Violation (within same year) $1,000.00

6.87.200 Tobacco Retail License Required
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00
NVF:TLC:JMD
6/8/2023

9 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.87.210 Tobacco Retail License Exemption
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.300 Operatin g Regulations and Conditions
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.305 Lawful Business Operation
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.310 Postin g of License $100.00

6.87.330 Positive Identific ation Required $2,500.00

6.87.340 Minimum Age for Persons Selling Tobacco
Products and Paraphernalia
$2,500.00

6.87.350 Self-Service Displa ys Prohibited
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.360(A) False and Misleadin g Advertising Prohibited $2,500.00

6.87.360(B) False and Misleadin g Advertising Prohibited First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.370 Limits on Location of Tobacco Retailin g
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00
NVF:TLC:JMD
6/8/2023

10 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.87.380 Other Le gal Duties
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.390(D) Rules and Re gulations
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.410 License Nont ransferable $500.00

6.87.435(B) Separate License
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.87.445 Updated Information
First Violation $500.00
Second Violation (within 12 month period
from date of previous violation)
$750.00
Third Violation ( within 12 month period
from date of previous violation)
$1,000.00

6.88.300(A-D,B) Medical Cannabis Collective, Medical Cannabis Business or Non-Medical Cannabis Business –
Re
gistration Required

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00
Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00
NVF:TLC:JMD
6/8/2023

11 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.310(D) Medical Cannabis Collective, Medical Cannabis Business or Non-Medical Cannabis Business –
Number of Locations

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00

6.88.320(D) Medical Cannabis Co llective, Medical Cannabis Business or Non-Medical Cannabis Business –
Re
gistration Submittal

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00

6.88.360 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Change in Location and Updated Registration
FormsInformation

First Violation $5,000.00
Second Violation (within 12 month period
from date of previous violation)
$7,500.00
Third and Subsequent Violations (within
12 month period from date of previous
violation)
$10,000.00

6.88.400(C) Medical Cannabis Co llective, Medical Cannabis Business or Non-Medical Cannabis Business –
Operatin
g Regulations and Conditions

12 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.410 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Compliance with the Code

6.88.420 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Securit
y

6.88.425(A-

C,B,E-,F,HI)
Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Identification Bad
ge Display Requirements

First Violation $2,51,200.00
Second Violation (within 12 month period
from date of previous violation)
$5,02,500.00
Third and Subsequent Violations (within
12 month period from date of previous
violation)
$7,55,000.00

6.88.425(CD,G) Medical Cannabis Collective, Medical Cannabis Business or Non-Medical Cannabis Business –
Identification Bad
ge Display Requirements

13 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.430 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Cultivation of Cannabis

6.88.431 Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Delivery-Only Site
First Violation

$5,000.00
Second Violation (within 12-month
period from date of previous violation
$7,500.00
Third and Subsequent Violations (within
12-month period from date of previous
violation)
$10,000.00

6.88.435(A-H) Medical Cannabis Collective, Medical Cannabis Business or Non-Medical Cannabis Business –
Off-Site Cultivation Site

14 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.436 Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Manufacturing Site
First Violation

$5,000.00
Second Violation (within 12-month
period from date of previous violation)
$7,500.00

Third and Subsequent Violations (within
12-month period from date of previous
violation)
$10,000.00

6.88.437 Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Distribution Site
First Violation

$5,000.00
Second Violation (within 12-month
period from date of previous violation)
$7,500.00

Third and Subsequent Violations (within
12-month period from date of previous
violation)
$10,000.00

6.88.438 Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Combined Manufacturing and Distribution Site
First Violation

$5,000.00
Second Violation (within 12-month
period from date of previous violation)
$7,500.00

Third and Subsequent Violations (within
12-month period from date of previous
violation)
$10,000.00

6.88.439 Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Testing Laboratory
First Violation

$5,000.00
Second Violation (within 12-month
period from date of previous violation)
$7,500.00
Third and Subsequent Violations (within
12-month period from date of previous
violation)
$10,000.00

6.88.440(B-

A,CQH,L-R,T-
V,Y)
Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Collective or Cannabis Business Operations

First Violation $5,000.00
Second Violation (within 12 month period
from date of previous violation)
$7,500.00
NVF:TLC:JMD
6/8/2023

15 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$10,000.00

6.88.440(B,RA,I-

K,S,W,X)
Medical Cannabis Collective, Medical Cannabis
Business or Non-Medical Cannabis Business –
Collective or Cannabis Business Operations

6.88.445(A) Medical Cannabis Collective, Medical Cannabis Business or Non-Medical Cannabis Business –
Deliveries of Cannabis

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00

6.88.446 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Mobile Dispensaries Prohibited

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00

6.88.450 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Owner, Manager and Membership Individual
Person Requirements

16 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.460 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Dispensin
g and Packaging of Cannabis

6.88.470 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Public Safet
y and Safety of Location

6.88.480 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Propert
y Maintenance

First Violation $2,500.00
Second Violation (within 12 month period
from date of previous violation)
$5,000.00
Third and Subsequent Violations (within
12 month period from date of previous
violation)
$7,500.00

6.88.490 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Performance Standards

17 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.500 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Maintenance of Records

6.88.600 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Audits

6.88.700(B) Medical Cannabis Co llective, Medical Cannabis Business or Non-Medical Cannabis Business –
Inspection and Enforcement

6.88.810(A-C) Medical Cannabis Co llective, Medical Cannabis Business or Non-Medical Cannabis Business –
Compliance with Chapter and State Law

18 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

6.88.840 Medical Cannabis Coll ective, Medical Cannabis Business or Non-Medical Cannabis Business –
Re
gistration Nontransferable

First Violation $10,000.00
Second Violation (within 12 month period
from date of previous violation)
$25,000.00

Third and Subsequent Violations (within
12 month period from date of previous
violation)
$50,000.00

6.88.900(B,C) Medical Cannabis Co llective, Medical Cannabis Business or Non-Medical Cannabis Business –
Personal Use Requirements and Re
gulations

7.20.010 Proper and Adequat e Care of Animals
Requirement – Compliance with provisions of
Chapter 7.20, Part 1 unless a separate fine
amount is expressly provided for a section
within the same part

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.050 Veterinar y Treatment Requirement
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.20.300(A) Dangerous Animal Confinement Requirement

$1,000.00
With no escalation
of fines for
subsequent
violations

7.20.300(B) Diseased Animal Prohibited

$1,000.00
With no escalation
of fines for
subsequent
violations
NVF:TLC:JMD
6/8/2023

19 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.20.310 Dead Animals
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.320 Chain Collar Prohibited
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.500(A) Vaccination Required of Do gs and Cats
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.20.510 Veterinarian Va ccination Certificate
Requirement

First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.20.520(A) License Required of Adult Cats and Do gs
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.570 Metal Ta gs of Adult Cats and Dogs Restriction First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.580 Presentation of Adul t Cat or Dog License on
Request

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.20.700 Sale of Cats or Do gs Restriction
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.20.710 Immunization of Cats and Dogs and Disclosure
Requirement

First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00
NVF:TLC:JMD
6/8/2023

20 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.20.730 Location of Sale Restrictions
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.20.740 Raffle of Animals Prohibited
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.30.010 Potentially Dangerous Dog Behavior Prohibited

$500.00
With no escalation
of fines for
subsequent
violations

7.30.500(A) Special Dog Permit Required

$1,000.00
With no escalation
of fines for
subsequent
violations

7.30.540 Special Dog Permit Tag

$500.00
With no escalation
of fines for
subsequent
violations

7.30.590 Requirements for Notification

$500.00
With no escalation
of fines for
subsequent
violations

7.30.900 Potentially Dangerous , Dangerous, Vicious Dog Maintenance Requirement - Compliance with
provisions of Chapter 7.30, Part 9 unless a
separate fine amount is expressly provided for a
section within the same part
$500.00
With no escalation
of fines for
subsequent
violations

7.40.010 Public Nuisance Prohibited
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.020 Maximum Number of Dogs, Cats, or Litters
Restriction

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00
NVF:TLC:JMD
6/8/2023

21 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.40.030 Animals Running at Large Prohibited
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.040 Restraint of Do gs Restriction
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.050 Do gs in Posted Off-Leash Areas Restriction
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.060 Bites by Dangerous Animals – Civil Damages

$1,000.00
With no escalation
of fines for
subsequent
violations

7.40.070 Animal Bites- Quarantine Requirement

$1,000.00
With no escalation
of fines for
subsequent
violations

7.40.080 Abandoned Animals Prohibited

$500.00
With no escalation
of fines for
subsequent
violations

7.40.090 Ne glect of Animals in Vehicles Prohibited
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.40.100 Animals in City Buildings Restriction
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.110 Poisoning and Abus ing Domestic Animals

$1,000.00
With no escalation
of fines for
subsequent
violations
NVF:TLC:JMD
6/8/2023

22 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.40.120 Ban on Feedin g Wild Animals
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.130(A) Animal Traps Prohibited
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.40.130(B) Requirements for Use of Animal Traps Not
Prohibited

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.40.140 Trappin g and Snaring of Wild Birds Prohibited First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.010 Animal Event and Animal Facility Permit
Required

First Violation $500.00
Second Violation (within 36 months) $750.00
Third Violation (within 36 months) $1,000.00

7.60.020 Animal Event and Animal Facility - Compliance
with provisions of Chapter 7.60, Part 1 unless a
separate fine amount is expressly provided for a
section within the same part
$500.00
With no escalation
of fines for
subsequent
violations

7.60.050(D)

Application for Permit - Maintain records of
persons from whom animals are received and
sold, traded, or given.
$100.00
With no escalation
of fines for
subsequent
violations

7.60.120 Excessive Noise Prohibited
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.60.130 Conditions Relating to Animal Events and
Animal Facilities

First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00
NVF:TLC:JMD
6/8/2023

23 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.60.500 Wild Swarms of Bees Prohibited
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.510 Beekeepin g Permit Required
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.520 Beekeeping - Complia nce with provisions of
Chapter 7.60, Part 5 unless a separate fine
amount is expressly provided for a section
within the same part

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.700(A) Small Animals and Livestock Permit Required First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.705 Small Animals and Livestock - Compliance with
provisions of Chapter 7.60, Part 7 unless a
separate fine amount is expressly provided for a
section within the same part
$100.00
With no escalation
of fines for
subsequent
violations

7.60.750 Small Animals and Livestock Confinement
Requirement

First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.775 Veterinar y Treatment Requirement
First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

7.60.820 Roosters Prohibited
First Violation $100.00
Second Violation (within 36 months) $200.00
Third Violation (within 36 months) $300.00

7.60.910(A) Permit Required for Dangerous Animal

$500.00
With no escalation
of fines for
subsequent
violations
NVF:TLC:JMD
6/8/2023

24 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

7.60.910(D) Dangerous Animal Sign Posting Required

$500.00
With no escalation
of fines for
subsequent
violations

7.60.990(C) Compliance with Da ngerous Animal Hearing
Decision Required

First Violation $250.00
Second Violation (within 36 months) $500.00
Third Violation (within 36 months) $750.00

9.08.1470 Regulations or pr ocedures – noncompliance
unlawful
$500.00

9.08.1480 Permit required - domestic septic tank cleanin g $250.00

9.08.1510 Bond required – domestic septic tank cleaning $250.00

9.08.1530 Insurance required - domestic septic tank
cleaning
$250.00

9.08.1550 Outside wast es prohibited $250.00

9.08.1560 Source ce rtification $160.00

9.08.1580 Improper dischar ges designated $250.00

9.08.1590 Slud ge and certain solids prohibited $250.00

9.08.1610 Record of deliveries and billing of charges $160.00

9.08.1620 Fees and char ges - domestic septic tanks $160.00

9.10.400 Improper handlin g of solid waste $500.00

9.10.410 Improper storage or accumu lation of solid waste $500.00 per occurrence

9.10.420 Placement of gar bage in garbage containers
required
$50.00

9.10.430 Garbage container requi rements, location $500.00 With no escalation
of fines for
subsequent
violations

9.10.440 Placement of rubbish in rubbish containers
required
$50.00

9.10.450 Rubbish cont ainer requirements, location $500.00

9.10.510 Unauthorized placement of solid waste $50.00
NVF:TLC:JMD
6/8/2023

25 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

9.10.520 Weekl y disposal of solid waste
First violation $100.00
Second violation (within 12 month period
from date of previous violation)
$250.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$500.00

9.10.525 Subscribing or pay ing for unauthorized solid
waste collection services

First violation $100.00
Second violation (within 12 month period
from date of previous violation)
$250.00
Third and subsequent violations (within
12 month period from date of previous
violation)
$500.00

9.10.530 More frequent disposal of solid waste $500.00
With no escalation
of fines for
subsequent
violations

9.10.540 Dan gerous accumulation prohibited
First violation $100.00
Second violation ( within 12 month period
from date of previous violation)
$250.00
Third violation (wit hin 12 month period
from date of previous violation)
$500.00
Fourth and subsequent violations (within
12 month period from date of previous
violation)
$1,000.00

9.10.545 Illegal dumping of solid waste or hazardous
materials prohibited

First violation $2,500.00
Second violation $5,000.00
Third and subsequent violations $10,000.00

9.10.550 Collection and transporta tion of solid waste $500.00

9.10.560 Interference with co llector prohibited $50.00

9.10.565 Self haul violation
First violation $100.00
Second violation $250.00
Third and subsequent violations $500.00

9.10.570 Doin g business without authorization $500.00
NVF:TLC:JMD
6/8/2023

26 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

9.10.590 Failure to maintain records, failure to make
records available for audit and inspection
$1,000.00

9.10.740 Unauthorized colle ction prohibited
First Violation $100.00
Second Violation (within 12 months) $200.00
Third Violation (within 12 months) $500.00

9.10.800 Unauthorized disposal of solid waste $1,000.00

9.10.1010 Mandatory multi-fam ily dwelling solid waste
collection requirements

First violation $100.00
Second violation $250.00
Third and subsequent violations $500.00

9.10.1040 Set out of resi dential solid waste $50.00
With no escalation
of fines for
subsequent
violations

9.10.1050 Unauthorized gar bage containers $50.00
With no escalation
of fines for
subsequent
violations

9.10.1060 Unauthorized recyclab les containers $50.00
With no escalation
of fines for
subsequent
violations

9.10.1070 Unauthorized wast e oil containers $50.00
With no escalation
of fines for
subsequent
violations

9.10.1080 Rec yclable materials set out requirements $50.00

9.10.1090 Debris boxes for residential rubbish
requirements
$500.00

9.10.1100 Unauthorized placement of solid waste or solid waste containers

First Violation $25.00
Second Violation (within 12 months) $50.00
Third Violation (within 12 months) $100.00
NVF:TLC:JMD
6/8/2023

27 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

9.10.1110 Unauthorized use of so lid waste containers $50.00 With no escalation
of fines for
subsequent
violations

9.10.1130 Additional mult i-family requirements
First Violation
Second Violation (within 12 months)
Third and subsequent violations

$100.00
$250.00
$500.00

9.10.1350 Garba ge collection authorization required
First Violation $2,500.00
Second Violation (within 12 months) $5,000.00
Third Violation (within 12 months) $10,000.00

9.10.1360 Rubbish collection authorization required
First Violation $2,500.00
Second Violation (within 12 months) $5,000.00
Third Violation (within 12 months) $10,000.00

9.10.1370(A) Rec yclables collection authorization required $1,000.00

9.10.1380 Mandatory commercia l solid waste collection
requirements

First violation $100.00
Second violation $250.00
Third and subsequent violations $500.00

9.10.1410 Placement of solid waste containers $100.00

9.10.1420 Requirements fo r labeling solid waste
containers
$50.00 per day
per container,
cumulative

9.10.1430(A) Collection outside pre scribed hours $2,500.00

9.10.1436 Requirements fo r Commercial Businesses
First violation
Second violation
Third and subsequent violations

$100.00
$250.00
$500.00

9.10.1500(B) Central business dist rict solid waste collection requirement
$500.00

9.10.1500(C, G) Unauthorized pl acement of solid waste
containers in the central business district
$100.00

9.10.1500(F, H) Central busi ness district solid waste
requirements
$50.00

9.10.1500(E) Collection in central business district outside prescribed hours
$2,500.00

9.10.1510 Transit mall zone soli d waste requirements $50.00 NVF:TLC:JMD
6/8/2023

28 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

9.10.1520(F) Collection in transit mall zone outside
prescribed hours
$2,500.00

9.10.1520(G,H) Unauthorized plac ement of solid waste
containers in the transit mall zone
$100.00

9.10.1610 Commercial franchise required $500.00

9.10.2020(A) Sin gle-use carryout bag violation
First Violation $500.00
Second Violation within 36 month period $750.00
Third Violation within 36 month period $1,000.00

9.10.3110 Polystyrene foam di sposable food service ware prohibited
$500.00

9.34.030 Mosquito abatement $750.00

9.36.150 Health effect warnings: Spanish and
Vietnamese
$50.00

9.44.010(A) Smokin g prohibited
First Violation $250.00
Second Violation within one year period $500.00
Third Violation within one year period $1,000.00

9.44.010(B) Allowing Smoking
First Violation $250.00
Second Violation within one year period $500.00
Third Violation within one year period $1,000.00

9.45.020 Tobacco Vendin g Machines Prohibition $500.00

9.50.030 Aerial release of pesticides $500.00

9.52.030 Aerial release of pesticides $500.00

9.54.010 Discing to vacant parce ls that are over two (2) acres in size
$2,500.00

9.57.300 Real and Personal Property Defaced with
Graffiti

First violation (in same year) $250.00
Second violation (in same year) $500.00
Third violation (in same year) $1,000.00

9.57.310 Motor Vehicles, Boats and Trailers Defaced
with Graffiti

First violation (in same year) $250.00
Second violation (in same year) $500.00
Third violation (in same year) $1,000.00

9.60.300 Cart abandonment prohibited $50.00

9.60.320 Unauthorized removal of carts prohibited
First violation (in same year) $50.00
Second violation (in same year) $100.00
Third violation (in same year) $250.00
NVF:TLC:JMD
6/8/2023

29 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

9.60.330 Compliance with abandoned cart prevention
plan

First violation (in same year) $50.00
Second violation (in same year) $100.00
Third violation (in same year) $250.00

10.04.010 Interception of police broadcasts $500.00

10.08.010 Obstructin g pedestrians on public ways $500.00

10.08.020 Obstructing entranc es to places of public
assembly
$500.00

10.08.030 Impedin g access to health care facilities $1,000.00

10.09.010 Tar geted residential picketing $1,000.00

10.09.015 Picketing before or about a residential dwelling prohibited
$1,000.00

10.12.010 Drinkin g alcoholic beverages on street $50.00

10.12.030 Nudit y in public $250.00

10.12.110 Public ur ination and defecation prohibited $100.00

10.16.010 Disturbin g the peace $100.00

10.16.030 Loudspeakers pro jecting noise outside $250.00

10.17.100 Sale, Use, Possession and Storage of
Fireworks

First Violation $1,000.00
Second Violation (within 18 month period
from date of previous violation)
$2,000.00
Third and Subsequent Violations (within
18 month period from date of previous
violation)
$3,000.00

10.20.020 Dama ging city or public property $500.00

10.20.140 Trespass on private propert y $250.00

10.20.150 Trespass on cit y property $250.00

10.24.100 Solicitation of tow service at location of certain occurrences
$500.00

10.28.120 Youth Protec tion Curfew $50.00

10.30.200 Undera ge Gatherings Prohibited $350.00

10.32.010 Dischar ge of firearms $1,000.00

10.32.020 Restriction on weapons for persons under 18
yrs. Old
$1,000.00

10.32.140 Prohibition of bow s and crossbows $1,000.00

10.32.150 Weapons - Dart pro jectors $1,000.00
NVF:TLC:JMD
6/8/2023

30 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

10.32.240 Enforcement – Compliance with Gun Harm
Reduction Ordinance

First violation $250.00
Second violation within a one-year period
from the date of a previous violation
$500.00
Third and subsequent violations within
one year from the date of a previous
violation
$1,000.00

10.38.010 Minors prohibited from premises: owner’s
responsibility (Paraphernalia)
$750.00

10.38.020 Minors excluded (Paraphernalia) $750.00

10.38.030 Sale and displa y room (Paraphernalia) $750.00

10.39.100 Marketing, importi ng, selling imitation drug paraphernalia
$1,000.00

10.42.140(B) False alarms
Second false alarm within 12 months of
initial false alarm
$250.00

Third false alarm within 12 months of
initial false alarm
$350.00

Fourth false alarms within 12 months of
initial false alarm
$500.00
Fifth and subsequent false alarms within
12 months of initial false alarm
$750.00

10.46.030 Failure of driver to obey lawful order to divert/ detour:

First offense $50.00
Second offense $100.00
Third offense $500.00

11.14 Compliance with Chapter – Limitation on Hours
of Construction in City Streets (any violation of
chapter)

First offense $500.00
Second Offense (within 12-month period
following first offense)
$1,000.00

11.32.070 Restrictions on use of count y expressways $50.00

11.44.340 Improper use of meter – airport $9.00

11.61.010 Prohibition on Polic e Escorts for Private
Processions
$500.00

11.62.010 Permit required for pr ivate funeral escorts $500.00

11.62.020 Authorized traffic direction $250.00

11.62.090 Nontransferabilit y of permits $250.00

11.62.160 Private processions must obe y all traffic laws $250.00 NVF:TLC:JMD
6/8/2023

31 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

11.64.020 Standin g in roadway $50.00

11.72.100 Lockin g bicycle $6.00

11.72.130 Permits for bic ycle racks $6.00

11.80.030 Operation of motorc ycles on public property $55.00

11.80.040 Landowners’ permission required for operating motorcycle on private property
$50.00

11.92.120 Prohibited Conduct
First offense $100.00
Second offense $200.00
Third and subsequent offenses $500.00

11.96.070 Restricted st reets - 5 tons $100.00

11.96.080 Restricted str eets - 7 tons $100.00

13.18 Compliance with chapte r-Newsrack regulations
(any violation of Chapter)
$250.00

13.20.010 Displa y or storage on sidewalk $100.00

13.20.030 Si gns $250.00

13.20.050 Paintin g numbers on curbs $250.00

13.28.300 Plantin g of Street Tree -- Permit required $50.00 NVF:TLC:JMD
6/8/2023

32 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

13.28.310 Pruning or removal of Street Tree – Permit
required

Tree Pruning:

00.0” – 5.99” dia.
6” – 11.99” dia.
12” – 17.99” dia.
18” – 23.99” dia.
24” or
greater dia.

$150.00
$175.00
$200.00
$225.00
$250.00
Tree Removal:

00.00” – 5.99” dia.

First Violation: $500.00
Second Violation within 3 years: $1,000.00
Third Violation within 3 years: $1,500.00
6” – 11.99” dia.

First Violation: $750.00
Second Violation within 3 years: $1,500.00
Third Violation within 3 years: $2,500.00
12” – 17.99” dia.

First Violation: $1,000.00
Second Violation within 3 years: $2,000.00
Third Violation within 3 years: $3,000.00
18” – 23.99” dia.

First Violation: $1,500.00
Second Violation within 3 years: $3,000.00
Third Violation within 3 years: $4,500.00
24” – 29.99” dia.

First Violation: $2,000.00
Second Violation within 3 years: $4,000.00
Third Violation within 3 years: $6,000.00
30” – 35.99” dia.

First Violation: $3,000.00
Second Violation within 3 years: $6,000.00
Third Violation within 3 years: $9,000.00
36” – 39.99” dia.

First Violation: $4,000.00
Second Violation within 3 years: $8,000.00
Third Violation within 3 years: $12,000.00
40” or greater dia.

First Violation: $5,000.00
Second Violation within 3 years: $10,000.00
Third Violation within 3 years: $15,000.00

13.28.400 Property owner ma intenance responsibility and duty to public
$75.00
NVF:TLC:JMD
6/8/2023

33 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

13.28.420(A-C) Interfering with maintenance work or injuring trees prohibited
$500.00

13.28.420(E) Permit required for us e of public street trees for electrical lines
$100.00

13.28.420(F) Tree damage due to moving objects on public streets
$100.00

13.28.440 Si ght obstructions on private property $75.00

13.28.650 No Interference wit h enforcement of Chapter

13.28 $75.00

13.32.030 and

13.32.040
Tree removal permits required on private
property
$1,000.00
56” – 74.99” circumference
(approximately 18” – 23.99” diameter)

First Violation: $1,500.00
Second Violation within 3 years: $3,000.00
Third Violation within 3 years: $4,500.00
75” – 93.99” circumference
(approximately 24” – 29.99” diameter)

First Violation: $2,000.00
Second Violation within 3 years: $4,000.00
Third Violation within 3 years: $6,000.00
94” – 112.99” circumference
(approximately 30” – 35.99” diameter)

First Violation: $3,000.00
Second Violation within 3 years: $6,000.00
Third Violation within 3 years: $9,000.00
113” – 125.49” circumference
(approximately 36” – 39.99” diameter)

First Violation: $4,000.00
Second Violation within 3 years: $8,000.00
Third Violation within 3 years: $12,000.00
125.5” or greater circumference
(approximately 40” or greater diameter)

First Violation: $5,000.00
Second Violation within 3 years: $10,000.00
Third Violation within 3 years: $15,000.00

13.32.090 and

13.32.140
Destruction of heritage trees
First Violation $10,000.00
Second Violation within 3 years $20,000.00
Third Violation within 3 years $30,000.00
NVF:TLC:JMD
6/8/2023

34 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

13.36.340 Compliance with Cons truction Impact Mitigation Ordinance or Plan (when required)
$5,000.00 per day

13.44.020 Failure to compl y with rules at City park $100.00

13.44.040 Special uses in par ks - permit required $250.00

13.44.050 Exclusive use of parks or facilities - permit required
$375.00

13.44.060 Unauthorized entr y into restricted area in park $500.00

13.44.090 Prohibited arti cles in park $100.00

13.44.100 Vehicle re gulations in City park $75.00

13.44.110(A-E) Animals and pets in certain City parks $150.00

13.44.110(F) Killin g, injuring, etc. - animals in City parks $500.00

13.44.120 Fire re gulations in City park $250.00

13.44.130 Smokin g in restricted area of City Park
First violation $100.00
Second Violation in same year $200.00
Third Violation in same year $500.00

13.44.140 Consumption of in toxicating beverage in City Park
$100.00

13.44.150 Amplified sound without permit in City Park $100.00

13.44.160 Powered models where prohibited in City Park $150.00

13.44.170 Golfin g outside of designated area in City Park $100.00

13.44.180 Conducting busine ss in City Park without
authorization
$250.00

13.44.190 Water pollution of any body of water in City
Park
$1,000.00

13.44.200 Guns and dan gerous instruments at park $1,000.00

13.44.210 Disturbing the peace a nd refusing to leave the park
$150.00

13.44.220 Dama ge to park property $500.00

13.44.230 Litterin g in City Park $50.00

13.44.240 Enterin g or remaining after closing time of park $100.00

13.44.250 Supervision of children $100.00

13.44.260 Operation require ments of vessels $100.00

15.10.200 Water waste prevention
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00
NVF:TLC:JMD
6/8/2023

35 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.10.210 Failure to repair plumbing, sprinkler and
irrigation systems
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.220 Water run-off
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.230 Food service establishments
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.235 Hotels, motels and other lodgings
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.240 Cleaning of st ructure/ surfaces
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.250 Washing of vehicles
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.255 Commercial car washes
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.260 Building & construction
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00
NVF:TLC:JMD
6/8/2023

36 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.10.270 Hydrants
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.290 Landscape irrigation restrictions
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.310 Landscape irrigation restrictions
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.320 Ornamental lakes and ponds
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.325 Car washing
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.330 Residential swi mming pools and outdoor spas
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.340 Cleaning of st ructures/ surfaces
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.350 Operation of cert ain decorative fountains
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00
NVF:TLC:JMD
6/8/2023

37 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.10.355 Failure to repair leaks
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.360 Landscape installation
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation)

$250.00
$500.00

15.10.365 Hydrant water use
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.370 Landscape irri gation $160.00

15.10.375 Pool, spas and fountains
First violation
Second and subsequent violations
(within 12 month period from date of
previous violation
)

$250.00
$500.00

15.10.400 Landscape documentation packa ge $500.00

15.10.410 Certif ication $160.00

15.14.510 Limitations on Point of Dischar ge $500.00

15.14.515 Dischar ge Into Storm Drain Prohibited $500.00

15.14.520 Re gulation of Trucked or Hauled Waste $500.00

15.14.530 Protection Fr om Accidental Discharge $500.00

15.14.535 Pretreatment b y Owner $500.00

15.14.540 Monitorin g Facilities $500.00

15.14.545 Storm And Ot her Waters $500.00

15.14.550 Obstructin g or Injurious Substances $500.00

15.14.555 Flammable or Explosive Substances $500.00

15.14.560 Hot Substances $500.00
NVF:TLC:JMD
6/8/2023

38 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.14.565(A) Grease limit
1X<limit≤ 2X 1st Violation in 1 year period
1X<limit≤ 2X 2nd Violation in 1 year period
1X<limit≤ 2X 3rd+ Violation in 1 year period

2X < limit ≤4X 1
st Violation in 1 year period
2X < limit ≤4X 2nd Violation in 1 year period
2X < limit ≤4X3rd+ Violation in 1 year period

4X < limit <10X 1
st Violation in 1 year period
4X < limit <10X 2nd Violation in 1 year period
4X < limit <10X 3rd+ Violation in 1 year period

10X ≥ limit 1
st Violation in 1 year period
10X ≥ limit 2nd Violation in 1 year period
10X ≥ limit 3rd + Violation in 1 year period

$250.00
$312.50
375.00

$500.00
$625.00
$750.00

$1,000.00
$1,250.00
$1,500.00

$1,500.00
$1,875.00
$2,250.00

15.14.565(B) Grease Control Device required $500.00

15.14.565(C) Dischar ge of Yellow Grease prohibited $500.00

15.14.565(D) Grease – Failure to Resample Within 30 Days $250.00

15.14.570 Solid or Viscous Matte r $500.00

15.14.575 Corrosive Matter

5.0<pH<6.0 1
st Violation in 1 year period

5.0<pH<6.0 2nd Violation in 1 year period

5.0<pH<6.0 3rd+ Violation in 1 year period

2.0<pH≤5.0 1st Violation in 1 year period

2.0<pH≤5.0 2nd Violation in 1 year period

2.0<pH≤5.0 3rd+ Violation in 1 year period

pH≤2.0 1
st Violation in 1 year period
pH≤2.0 2nd Violation in 1 year period
pH≤2.0 3rd+ Violation in 1 year period

pH ≥ 12.5 1
st Violation in 1 year period
pH ≥ 12.5 2nd Violation in 1 year period
pH ≥ 12.5 3rd+ Violation in 1 year period

$250.00
$312.50
$375.00

$500.00
$625.00
$750.00

$1,000.00
$1,250.00
$1,500.00

15.14.575(B) Corrosive Matter – Failure to Resample Within 30 Days
$250.00

15.14.580 Toxic Gases, Vapors or Fumes $500.00
NVF:TLC:JMD
6/8/2023

39 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.14.585 Interfering Substances

1X<limit≤ 2X 1
st Violation in 1 year period
1X<limit≤ 2X 2nd Violation in 1 year period
1X<limit≤ 2X 3rd+ Violation in 1 year period

2X < limit ≤4X 1
st Violation in 1 year period
2X < limit ≤4X 2nd Violation in 1 year period
2X < limit ≤4X3rd+ Violation in 1 year period

4X < limit <10X 1
st Violation in 1 year period
4X < limit <10X 2nd Violation in 1 year period
4X < limit <10X 3rd+ Violation in 1 year period

10X ≥ limit 1
st Violation in 1 year period
10X ≥ limit 2nd Violation in 1 year period
10X ≥ limit 3rd + Violation in 1 year period

$250.00
$312.50
$375.00

$500.00
$625.00
$750.00

$1,000.00
$1,250.00
$1,500.00

$1,500.00
$1,875.00
$2,250.00

15.14.585(D) Interfering Substanc es – Failure to Resample Within 30 Days
$250.00

15.14.590 Prohibition on Use of Diluting Waters $500.00

15.14.595 Suspended Solids; Dissolved Matte r $500.00

15.14.610 Noxious or Malodorous Matte r $500.00

15.14.615 Radioactive Matte r $500.00

15.14.620 Colored Matte r $500.00

15.14.625 Garba ge $500.00

15.14.630 Installation of Gr ease Control Devices $500.00

15.14.635 Screened Industr ial Wastes $500.00

15.14.640 Fixer Soluti on Prohibition $500.00

15.14.645(A) Installation of Amal gam Separators $500.00

15.14.645(D) Maintenance of Amal gam Separators $750.00

15.14.650 Maintenance and Oper ation of Grease Control
Devices
$500.00

15.14.675 Record Keepin g $250.00

15.14.680 Federal Pretreatment Regulations $500.00

15.14.685(A) Falsification of Information $1,000.00

15.14.695 Dischar ge Reports $500.00

15.14.695(F) Late Reporting (6-30 days)
Late Reporting (31-45 days)
Late Reporting (46-60 days)
Late Reportin
g (61 or more days)
$250.00
$500.00
$750.00
$1,000.00

15.14.695(G) Failure to Use Proper Sample Methods $250.00 NVF:TLC:JMD
6/8/2023

40 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.14.725 Mandatory Wastewat er Discharge Permits
Standard Discharger
Low Flow Discharger
Zero Categorical Discharger
Short Term Discharger
Dental Dischar
ger

$1,050.00
$560.00
$560.00
$560.00
$250.00

15.14.765 Permit Conditions $500.00

15.14.770 Best Mana gement Practices $300.00

15.16.350 Sewer lateral permit required $500.00

15.16.510 Sewer connecti on-permit required $500.00

15.16.730 Treatment plant conn ection-permit required $500.00

15.28.160 Cable TV franc hise required $1,000.00

15.28.210 Cable Franchise - Information Required $500.00

15.28.370 Compliance With Council orders - Cable
Franchisee
$500.00

15.28.410 Restricted use of cable s ystem $500.00

15.28.520 Operat ional Standards – cable TV $500.00

15.28.530 Report requirem ents - Cable TV $500.00

15.28.540 Map of installa tions - Cable TV $500.00

15.28.550 Inspection of pr operty and records - Cable
Franchisee
$500.00

15.28.560 Installation and constr uction of Cable TV $500.00

15.28.570 Under grounding of facilities – cable TV $500.00

15.28.580 Changes Required by public improvements -
Cable TV
$500.00

15.28.590 Streets – Occupan cy requirements generally - Cable TV
$500.00

15.28.600 Streets - Use re strictions – Cable TV
Franchisee
$500.00

15.28.610 Restoration of Street s - Cable TV Franchisee $500.00

15.28.620 Relocation of Facilities – Cable TV Franchisee $500.00

15.28.630 Temporary Removal of Facilities - Cable TV
Franchisee
$500.00

15.28.640 Removal of Abando ned Property - Cable TV
Franchisee
$500.00

15.28.710 Franchisee Office fo r Maintenance Service $500.00

15.28.730 Line Extension Char ges $500.00

15.28.740 Char ges for Repair or Replacement - prohibited $500.00

15.28.750 Limitation on denial of Cable TV service $1,000.00

15.28.870 Franchise Fee – when payable $500.00

15.28.880 Statement to A ccompany Franchise Fee
Payment
$500.00
NVF:TLC:JMD
6/8/2023

41 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

15.28.900 Accounting and Recordkeeping Requirements $500.00

15.28.950 Unauthorized connecti on with system prohibited cable TV
$500.00

15.28.960 Receiving signals without payment prohibited-- cable TV
$500.00

15.28.970 Tamperin g with cable system prohibited $500.00

15.36.160 Towin g activities unlawful $500.00

15.36.370 Towin g: Compliance with Council orders $250.00

15.36.480 Towin g: Operational Standards $250.00

15.36.490 Towin g: Report requirements $250.00

15.36.500 Towin g: Inspection of Property and Records $250.00

15.36.640 Minimum Requirements for Towing Applicants
and Grantees
$250.00

15.36.650 Requirements and operation of adequate
storage facility
$250.00

15.36.700 Records of Grantees: Towin g $250.00

15.36.710 Char ges for Services: Towing $250.00

15.36.870 Towin g: Franchise Fee – when payable $250.00

15.36.880 Towing: st atement to accompany Franchise
Fee payment
$250.00

15.36.900 Towing: Account ing and recordkeeping
requirements
$250.00

15.38.080 Leasin g permit required: solar devices $250.00 16 Compliance with Title –Cardroom regulations
(any violation of Title)
$1,000.00

17.02.050 Obstruction or inte rference with abatement work prohibited
$250.00

17.02.470 Compliance with Re striction from Use or
Occupancy Notice
$250.00

17.10 Compliance with Chapter – Geologic Hazard
(any violation of Chapter)
$1,000.00

17.12 Fire Code
Any violation, unless a specific fine amount has
been established in this resolution for a
particular Code section within the Chapter.

First violation $500.00
Second violation (within one-year period) $750.00
Third violation (within one-year period) $1,000.00
NVF:TLC:JMD
6/8/2023

42 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

17.12.400
(California Fire
Code §1302.3)
False Alarms
Nonresidential occupancy/residential over 4
units (R-1 greater than 4 units) and/or activation
b
y any alarm service company during servicing

First false alarm No fine
Second false alarm No fine
Third false alarm within 90-da y period $350.00
Fourth false alarm within 90-da y period $750.00
Fifth and subsequent false alarm within
90-day period
$1,000.00
Residential occupancy up to 4 units (R-3 and R-
1 up to 4 units) except activation by any alarm
service compan
y during servicing

First false alarm No fine
Second false alarm No fine
Third false alarm within 90-da y period $100.00
Fourth false alarm within 90-da y period $150.00
Fifth and subsequent false alarm within
90-day period
$200.00

17.12.700
(California Fire
Code §8001.3.1)
Failure to obtain permit to store, dispense, use
or handle hazardous materials, or to install,
repair, abandon, remove, temporarily or
permanently close or substantially modify a
hazardous materials storage facility or other
re
gulated area.

First violation $1,000.00
Second violation within one- year period $1,500.00
Third violation within one- year period $2,000.00

17.23.050(A) Notice of Apartm ent Rent Ordinance to Tenant Households – Posting Notice on Building
Note: Fine is levied per Property
$500.00

17.23.050(B) Notice of Apartm ent Rent Ordinance to Tenant Households – Written Notice Prior to Lease
$500.00

17.23.060 Limit on Electronic Pa yment $500.00

17.23.300(A) Initial Rent and Vacancy Decontrol – Valid Decontrol
$5,000.00

17.23.310(A, B) Limits on Rent Increases – Annual Rent Increase Limit
$5,000.00

17.23.310(C) Limits on Rent Increases – Rent Increase
Frequency Limit
$5,000.00

17.23.520(B) Waivers – Attempt to Waive Tenant Rights $5,000.00 NVF:TLC:JMD
6/8/2023

43 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

17.23.560(A) Disclosure to Pu rchasers of Real Property Note: Fine is levied per Property
$5,000.00

17.23.600(B) Notices of Termi nation of Tenancy – Mandatory Notice to City
$500.00

17.23.600(C) Notices of Terminat ion of Tenancy – Notice of Re-Rental to the City
$500.00

17.23.705 Tenant Bu yout $5,000.00

17.23.900(A) Rent Registry – Failure to Register –
Registration
$500.00

17.23.900(B) Rent Registry – Failure to Register – Copy of Registration to Tenant
$500.00

17.23.900(E) Rent Re gistry – Failure to Register – Collusion $5,000.00

17.23.900(F) Rent Re gistry – Failure to Register $500.00

17.23.1130(B) Copies of Forms – Failure to provide forms to tenants
$500.00

17.23.1130(C) New Tenants During the Withdrawal Process – Failure to provide withdrawal notice to the new
tenants
$10,000.00

17.23.1130(E) Notices of Tenants Right to Extend Tenancy – Failure to provide notice of right to extend
$10,000.00

17.23.1130(F) Withdrawal of less than an entire buildin g – $10,000.00

17.23.1130(H) Non-Rent Stabiliz ed Properties – Failure to meet requirements to withdraw
$10,000.00

17.23.1140(A) Notices of Intent to Withdraw – Service on Tenants
$10,000.00

17.23.1140(B) Notices of Intent to Withdraw – Service on City $10,000.00

17.23.1140(C) Notices of Intent to Withdraw – Contents $10,000.00

17.23.1145 Recording of Memorandum – Failing to record
with the County Clerk’s Office
Note: Fine is levied per Property
$10,000.00

17.23.1150(A) Relocation Assist ance – Failing to pay to a tenant household
$10,000.00

17.23.1150(B) Relocation Assistanc e – Depositing Relocation Benefits in Escrow Account
$10,000.00

17.23.1150(C) Relocation Assist ance – Failing to pay entire relocation assistance entitled to tenant
household
$10,000.00

17.23.1150(E) Relocation Assistanc e – Relocation Specialist Services
$10,000.00

17.23.1151(A) Voluntar y Alternative Relocation $10,000.00 NVF:TLC:JMD
6/8/2023

44 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

17.23.1151(C) Voluntary Alternative Relocation – Failing to pay relocation benefits if alternative housing not
accepted
$10,000.00

17.23.1160(A) One Hundred Tw enty (120) Day Notice
Required to Tenant Household
$10,000.00

17.23.1160(B) Provide Notice of Right to Extend Tenancy up to One Year
$10,000.00

17.23.1160(C) Effective date of withdrawal; extension of tenancy
$10,000.00

17.23.1180(A) Right to Return Offered to Former Tenant Households
$5,000.00

17.23.1180(B) Re-Control of New- Construction $5,000.00

17.23.1180(C) Affordable Housing Requirement $5,000.00

17.23.1240(A) Just Cause Required in Notice $5,000.00

17.23.1240(C) Just Cause Protections – notice of rights $5,000.00

17.23.1240(D) Termination Notice Statement $5,000.00

17.23.1250(B) Just Cause Termination – Relocation
Assistance
$5,000.00

17.23.1260(D) Notice of Termination to the Tenant and Cit y $500.00

17.23.1260(E) Summons and Complaint Sent to the Tenant
and City
$1,000.00

17.48.010 Compliance with c hapter – signs, marquees
and awnings
$250.00

17.68 Hazardous materials storage
Any violation, unless a specific fine amount has
been established in this resolution for a
particular Code section within the Chapter.

First violation $500.00
Second violation (within one-year period) $750.00
Third violation (within one-year period) $1,000.00

17.68.310 Failure to submit timely updated Hazardous
Materials Management Plan

First violation $500.00
Second violation within one- year period $750.00
Third violation within one- year period $1,000.00

17.68.350 Failure to submit timely updated Hazardous
Materials Management Inventory Statement

First violation $500.00
Second violation within one- year period $750.00
Third violation within one- year period $1,000.00
NVF:TLC:JMD
6/8/2023

45 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

17.72.030 Prohibition of bli ghted property
First violation $250.00
Second violation $500.00
Third violation $1,000.00

17.72.300 Enforcement – compliance with chapter
First violation $250.00
Second violation (in same year) $500.00
Third violation (in same year) $1,000.00

17.72.600 Parkin g on Unpaved Surfaces $100.00

17.74.040(E) Identification procedures – Hazardous Buildings $250.00

17.74.060 En gineering reports $500.00

17.78.260 Compliance with Chapter – Toxic gasses $1,000.00

17.80.040 Maintainin g private property in unsafe condition $500.00

17.85.300(A)(B) Annual Energy and Water Benchmarking and Reporting

Buildings 20,000 to 50,000 sq. ft.

No owner shall be liable for a total fine of more
than $2,500.00 per calendar year
$25.00 per day
per violation
Buildings 50,000 sq. ft. and above
No owner shall be liable for a total fine of more
than $5,000.00 per calendar year
$50.00 per day
per violation

17.85.400(B) Performance Standards for Energy and Water Efficiency

Buildings 20,000 to 50,000 sq. ft.

17.85.500 Record Maintenance
Buildings 20,000 to 50,000 sq. ft.

17.85.510 Schedule for Benchmarking Report Compliance
Buildings 20,000 to 50,000 sq. ft.

No owner shall be liable for a total fine of more
than $2,500.00 per calendar year
$25.00 per day
per violation
NVF:TLC:JMD
6/8/2023

46 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

Buildings 50,000 sq. ft. and above
No owner shall be liable for a total fine of more
than $5,000.00 per calendar year
$50.00 per day
per violation

17.85.550 Non-compliance Unlawful; Penalty for Violations Buildings 20,000 to 50,000 sq. ft.

20.30.430 Front setback – parking and storage prohibited $50.00

20.40.500 Late night use and ac tivity without a Conditional Use Permit in Commercial Zoning District

First violation $250.00
Second violation within one- year period $500.00
Third violation within one- year period $1,000.00

20.40.520

Outdoor uses within 150 feet of residentially
zoned property in Commercial Zoning District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.40.560 Screening adjacent to residentially zoned
properties in Commercial Zoning District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.50.220 Late night use and acti vity in Industrial Zoning District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00
NVF:TLC:JMD
6/8/2023

47 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

20.75.300 Late-night use and activity in Pedestrian
Oriented Zoning District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.75.320 Outdoor uses within 150 feet of residentially zoned property in Pedestrian Oriented Zoning
District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.75.370 Screening adjacent to residentially zoned
properties in Pedestrian Oriented Zoning
District
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.810 Outdoor vending --Administrative permit
required
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.830 Restriction on type of outdoor vending
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.840 Outdoor vending -- Fixed-base host required
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00
NVF:TLC:JMD
6/8/2023

48 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

20.80.860 Displays of wares – Outdoor vending facilities First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.870 Signage standards – Outdoor vending facilities First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.890 Conditions of i ssuance – Outdoor vending
facilities
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.1100 Permits required for Recycling facilities
First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.1130 Criteria and standards for Recycling facilities First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.80.1140 Adhering to criter ia – Recycling facilities First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00
NVF:TLC:JMD
6/8/2023

49 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

20.80.1150 Site clean-up required – Recycling facilities First violation
Second violation within one-year period
from date of previous violation
Subsequent violation within one-year
period from date of previous violation

$250.00
$500.00

$1,000.00

20.95.110 Compliance with Design, Maintenance,
Notification, and Documentation Requirements
$100.00 per day

20.95.120(B) Failure to retain records of inspection and maintenance activities performed on installed
stormwater treatment measures
First and subsequent violations (within 12
month period from date of previous
violation
)

$100.00 per day

20.95.120(A,C) Alteration, remova l, or failure to maintain installed stormwater runoff treatment measures
First and subsequent violations (within 12
month period from date of previous
violation)

$500.00 per day,
per installed
stormwater
treatment
measure

20.100.310(A) Development Permit Compliance Required
(Violations of a Development Permit that are of
a transient and intermittent nature and that
directly and specifically involve the off-sale of
alcoholic beverages)

First violation $1,000.00
Second violation ( within 12 month period
from date of previous violation)
$2,500.00
Subsequent violati ons (within 12 month
period from date of previous violation)

$2,500.00
Permit Compliance Required (Violations
involving property maintenance and
performance standards
)

First violation $250.00
Second violation within one- year period $500.00
Third violation within one- year period $1,000.00

20.100.450 Hours of Construc tion Within 500 Feet of a
Residential Unit
$2,500.00

20.100.465 Compliance with Design, Maintenance,
Notification, and Documentation Requirements
$100.00 per day
NVF:TLC:JMD
6/8/2023

50 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

20.100.470 Compliance with NP DES Storm Water Permit,
including BMP’s, submittal of and compliance
with Erosion Control Plan
(if required)
$500 per event
per day

20.100.480 Compliance with NPD ES General Construction
Activities Permit (including development,
implementation and maintenance of SWPPP
and filing of NOI); submittal of and compliance
with Erosion Control Plan (if required);
implementation and maintenance of BMP’s or
control measures

Sites of 1-5 acres in size $500 per event
per day
Sites greater than 5 acres in size $2,500 per event
per day

22.01.010 Authorizat ion required to use Convention and Cultural facilities
$250.00

23.02.820 Compliance with title $250.00

23.02.900 Construction and maintenance of signs $250.00

23.02.1120 Portable si gns at parking lots $250.00

23.04.240 Si gns in airport zone – temporary signs $100.00

23.04.340 Si gns in A, R and T-M districts-temporary signs $100.00

23.04.610 Temporar y signs $100.00

23.04.730 Election si gns on public property $250.00

23.04.740 Election signs not authorized by owner or
person in control of property
$150.00

23.04.750 Election signs in re sidential districts or on residential uses
$100.00

23.04.760 Time limit on displa y of election signs $100.00

23.04.810 Private si gns on public property $350.00

23.04.830 Si gns allowed on public property $350.00

24.01.130 Compliance with Title – Building Codes $1,000.00

25.06.010 Violation of airport rules and re gulations $100.00

25.06.300 Advertising without approval $250.00

25.06.310 Animals at airport prohibited $75.00

25.06.320 Enterin g restricted areas at airport $1,000.00

25.06.340 Restrictions in operatin g motorized equipment $75.00

25.06.360 Preservation of Propert y at the Airport $500.00

25.06.370 Roads and walkwa ys at airport restricted use $250.00

25.06.380 Violation of sani tation requirements $75.00

25.08.010 Commercial activities without authorization $250.00

25.08.020 Operation at the Airport Without Authorization $250.00 NVF:TLC:JMD
6/8/2023

51 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

25.08.350 Services/deliver y on airport apron-permit
required
$250.00

25.08.500 On- Airport Car Rental Agencies $250.00

25.08.510 Off-Airport Car R ental Agencies- permit
requirements
$250.00

25.08.700 Ground Transport Providers – permit
requirements.
$250.00

25.08.720 Ground transportation permit requirements $75.00

25.08.730 Ground Transportation Providers – Restrictions and Requirements
$75.00

25.08.740 Circling Solici tation Prohibited (Ground
Transportation Providers
$75.00

25.08.750 Operation by Taxic ab Service Providers at the Airport Without Authorization
$250.00

25.08.900 Aircraft maintenance permit $75.00

25.08.910 Airport maintenanc e insurance and other
requirements
$75.00

25.08.920 Aircraft maintenance fees and deposit $75.00

25.08.940 Fl ying club maintenance $75.00

25.08.1100 Telephone line a greement required $75.00

25.08.1110 Telephone line a greement terms $75.00

25.08.1310 General aviation fees and char ges $75.00

25.08.1500 Other commercial activities permit or license required
$250.00

25.08.1520 Parking/storage G.A . aircraft permit/license required
$250.00

25.12.010 to

25.12.920
Aircraft operations and air traffic rules $75.00

25.12.590 Cleanin g with inflammable or volatile liquids $1,000.00

25.12.600 Dopin g restrictions $1,000.00

25.12.630 Open-flame operations $1,000.00

25.12.640 Fire Hazard $1,000.00

25.12.650 Improper stora ge inflammable material $1,000.00

25.12.670 Waste oil stora ge and removal $500.00

25.12.1200 Smokin g near airport fuel facilities prohibited $1,000.00

25.14.300 Fl ying club permit required $75.00

25.14.310 Fl ying club nonprofit restriction $75.00

25.14.320 Fl ying club – member classes $75.00

25.14.330 Fl ying club-compensation $75.00

25.14.340 Fl ying club - aircraft use by non-members $75.00

25.14.350 Fl ying club - aircraft lessor $75.00
NVF:TLC:JMD
6/8/2023

52 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

25.14.360 Fl ying club – insurance $75.00

25.14.400 Fl ying club - reporting requirements $75.00

25.14.410 Fl ying club permit not assignable $75.00

SECTION 3. Except as otherwise specifically set forth in Section 2 above, the fine amount for a second violation of the same Municipal Code section by the same person within a thirty-six (36) month period shall be and equal one hundred twenty-five percent (125%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation.

SECTION 4. Except as otherwise specifically set forth in Section 2 above, the fine amount for a third and subsequent violation of the same Municipal Code section by the same person within a thirty-six (36) month period shall be and equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third or, as applicable, subsequent violation.

SECTION 5. Any fine amount imposed pursuant to Chapter 1.15 of the San José Municipal Code and this Resolution shall be deemed delinquent if it is not paid in accordance with the terms and provisions of Chapter 1.15. Any person who fails to pay to the City the amount of any fine imposed pursuant to the provisions of Chapter 1.15 of the San José Municipal Code and this Resolution on or before the date that fine amount is due shall be liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to ten percent (10%) of the amount of the fine due to the City, or ten percent (10%) of the amount of the fine remaining unpaid to the City if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent fine amounts, exclusive of delinquency penalties, at the rate of one half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine amount becomes delinquent until the date that all delinquent fine amounts are paid to the City.

NVF:TLC:JMD
6/8/2023

53 T-356/2027186_2
Council Agenda: 06-13-2023
Item No.: 4.1(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

REVISED – Administrative changes made since original posting on 6-2-2023.

SECTION 6. The Administrative Citation Schedule of Fines set forth in this Resolution shall supersede the administrative fine amounts and other provisions set forth in Resolution No. RES2023-143, adopted on May 9, 2023, which is hereby repealed.

ADOPTED this _____ day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Ma
yor
ATTEST:

TONI J. TABER, CMC
Cit
y Clerk

San Jose City CouncilJune 13, 2023

San Jose City Council
June 13, 2023