Resolution/Administrative Penalty Schedule Update
Rev: 11/22/17
RESOLUTION NO. 23-9228
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
AMENDING THE ADMINITRATIVE PENALTY SCHEDULE TO
ADD PENALTIES FOR VIOLATIONS OF “THE CODE OF THE
CITY OF SANTA CLARA, CALIFORNIA” CHAPTER 8.26 (EDIBLE
FOOD RECOVERY)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, “The Code of the City of Santa Clara, California” (“Santa Clara City Code” or “SCCC”) Chapter 1.10 provides for administrative citations, which are in addition to all other civil legal remedies and which are an alternative to any criminal charges which may be pursued by the City to address any violation of the Santa Clara City Code; WHEREAS, SCCC 1.10.040 states that the amounts of administrative penalties for Code violations imposed shall be set forth in the schedule of administrative penalties established by resolution of the City Council;
WHEREAS, in 2016, California Senate Bill 1383 (SB 1383) was chaptered which set goals to reduce disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions and address food insecurity;
WHEREAS, California sends 11.2 billion pounds of food to landfills annually, some of which was still fresh enough to have been recovered to feed people in need, while 9.2 million Californians experienced food insecurity in 2020;
WHEREAS, in November 2020, the Department of Resources Recycling and Recovery (CalRecycle) developed regulations requiring jurisdictions to establish edible food recovery programs to recover 20 percent of edible food, that would otherwise be sent to landfills, to feed people in need;
WHEREAS, the edible food recovery regulations developed by CalRecycle authorize local jurisdictions to implement certain enforcement standards which include administrative civil penalties assessed as follows: up to $100 for a first violation, up to $200 for a second violation, and up to $500 for a third violation;
Resolution/Administrative Penalty Schedule Update
Rev: 11/22/17
WHEREAS, the City Council adopted Chapter 8.26 of the Santa Clara City Code implementing the City’s edible food recovery program;
WHEREAS, On May 24, 2016, the City Council adopted Resolution 16-8325, to amend certain non-standard administrative penalty amounts; and
WHEREAS, the City now desires to add penalty violation amounts for violations of SCCC Chapter 8.26 to the list of non-standard administrative penalty amounts.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. Non-standard Penalties. Non-standard penalty amounts are established for Santa Clara
City Code violations as set forth in Exhibit A, attached and incorporated by reference, except as
otherwise stated in the City Code or applicable State law.
2. Delinquency Penalty. Any penalty amount imposed pursuant to SCCC Chapter 1.10 and
this Resolution will be deemed delinquent if it is not paid in accordance with the terms and provisions of SCCC Chapter 1.10. Any person who fails to pay to the City of Santa Clara all or part of the amount of any penalty imposed on or before the date that the penalty amount is due will become liable for the payment of an additional delinquency penalty. The delinquency penalty will be equal to ten percent (10%) of the amount of the penalty, simple interest on the penalty amount from the date the penalty amount becomes delinquent until the date that all penalty amounts are paid in full to the City.
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3. Constitutionality, severability . If any section , subsection, sentence , clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason , such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence , clause , phrase, and word thereof , irrespective of the fact that any one or more section(s) , subsection(s) , sentence(s) , clause(s) , phrase(s) , or word(s) be declared invalid.
4. Effective date. This resolution shall become effective immediately .
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA , CALIFORNIA , AT A REGULAR MEETING THEREOF HELD ON THE 23Ro DAY OF MAY, 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS :
NOES : COUNCILORS :
ABSENT: COUNCILORS:
ABSTAINED : COUNCILORS:
Attachments incorporated by reference :
1. Administrative Penalty Schedule
Resolution/Administrative Penalty Schedule Update
Rev: 11/22/17
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST:~- - -~-- - ~------
NORA PIMENTEL, MC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/Administrative Penalty Schedule Update/Exhibit A Page 1 of 4 Rev: 11/22/17
EXHIBIT A
ADMINISTRATIVE PENALTY SCHEDULE
NON-STANDARD PENALTIES
CODE SECTION OFFENSE PENALTY
Tax Chapter 3.25 Transient Occupancy
SCCC 3.25.090 Operator’s Duty to Report and Remit $500
Chapter 5.05 Solicitors and Peddlers
SCCC 5.05.020 Permit Requirements and Exemptions $500
Chapter 5.35 Taxicabs
SCCC 5.35.030 Taxicab Stands $500
SCCC 5.35.040 License Requirements $1000
SCCC 5.35.150 Fares $500
SCCC 5.35.210 Overcharge Prohibited $500
SCCC 5.35.260 Safety Inspection $500
SCCC 5.35.290 Owner’s Records (Drivers Daily Log) $500
SCCC 5.35.320 Application (For Taxicab Driver’s Permit) $500 Chapter 5.40 Massage Services and Massage Establishments SCCC 5.40.030 Massage Certification Required $1000
SCCC 5.40.040 Owner and Operator – Massage
Establishment Permit Required
$1000
SCCC 5.40.080 Massage Establishment Operating
Requirements
$500
SCCC 5.40.090 Massage Establishment Facilities
Regulations
$500
SCCC 5.40.110 Permits Nonassignable $500
SCCC 5.40.120 Change of Location or Change in Name $500 SCCC 5.40.130 New Massage Therapists – Notification $500 SCCC 5.40.140 Renewal of Permits – Massage
Establishments
$250
SCCC 5.40.160 Prohibited Conduct $1000
SCCC 5.40.190 Maintenance and Review of Massage
Therapy Organization Certificates
$500
Chapter 6.05 General Provisions (Animals)
SCCC 6.05.050 Diseased Animals $500
SCCC 6.05.060 Dead Animals $500
SCCC 6.05.070 Abandoned Animals $1000
SCCC 6.05.080 Poisoning and Abusing Dogs, Cats or Other Domestic Animals
$1000
SCCC 6.05.090 Public Nuisance $250
SCCC 6.05.110 Animals and Vehicles $1000
Resolution/Administrative Penalty Schedule Update/Exhibit A Page 2 of 4 Rev: 11/22/17
CODE SECTION OFFENSE PENALTY
SCCC 6.05.120 Interference with Police Dogs $1000
SCCC 6.05.140 Animal Maintenance and Duties of Owners $1000 SCCC 6.05.150 Shelter Requirements $1000
SCCC 6.05.160 Water Requirements $1000
SCCC 6.05.170 Feeding Requirements $1000
SCCC 6.05.180 Confinement Requirements $1000
SCCC 6.05.190 Adequate Exercise $1000
SCCC 6.05.200 Chain Collar Prohibited $1000
SCCC 6.05.210 Ventilation and Light Requirements $1000
SCCC 6.05.220 Veterinary Treatment $1000
SCCC 6.05.230 Unnecessary Suffering $1000
SCCC 6.05.240 Animal Traps $1000
SCCC 6.05.250 Slaughtering $1000
Chapter 6.30 Dogs and Cats
SCCC 6.30.150 Restrictions of Dogs Designated as
“Dangerous”
$1000
SCCC 6.30.160 Registration of Dangerous Dogs $1000
Chapter 8.25 Accumulation, Transportation and Disposal of Solid Waste SCCC 8.25.030 Disposal of Refuse on Public Property or on Private Property of Another
$250
SCCC 8.25.040 Accumulation of Refuse on Property of
Owner or Occupant
$250
SCCC 8.25.050 Removal of Refuse by Persons $200
SCCC 8.25.170 Disposal of Dangerous Materials or
Substances or Hazardous Wastes
$500
SCCC 8.25.200 Contract Required $1000
Chapter 8.26 Edible Food Recovery
All Edible Food Recovery Violations – First
Violation
$100
All Edible Food Recovery Violations –
Second Violation
$200
All Edible Food Recovery Violations – Third
Violation
$500
Chapter 8.30 Public Nuisance
SCCC 8.30.030 Property Maintenance – Public Nuisances $750 Chapter 9.10 Regulation of Noise and Vibration
SCCC 9.10.040 Noise or Sound Regulation $500
Chapter 12.35 Trees and Shrubs
Resolution/Administrative Penalty Schedule Update/Exhibit A Page 3 of 4 Rev: 11/22/17
CODE SECTION OFFENSE PENALTY
SCCC 12.35.020 Alteration or Removal – Permit Required $600 (Under 6 ft) $700 (6 ft – 12 ft)
$800 (13 ft – 18 ft)
$900 (19 ft – 24 ft)
$1000 (Over 25 ft)
Chapter 13.10 Sewers
SCCC 13.10.050 Permit Required to Connect with Sanitary Sewer System – Generally - Fees
$500
Chapter 13.20 Storm Drains and Discharges
SCCC 13.20.030 Discharge into the Storm Drain Prohibited $1000 SCCC 13.20.070 Protection from Accidental Discharge –
Accidental Discharge Notification
$250
Chapter 15.05 Administrative Code
All Administrative Code Violations $750
Chapter 15.25 Housing Code
All Housing Code Violations $750
Chapter 15.60 Santa Clara Municipal Fire and Environmental Code 105.1.4 Failure to Pay Annual Fire Permit Fees $250
109.1 Other Fire Code Violations $150
109.2.2 Failure to Comply with Order, Notices and/or
Tags Issued by the Fire Department
$250 for each
occurrence
304.1.1 Storage or Accumulation of Rubbish and/or
Combustible Vegetation-Residential $100
304.1.1 Storage or Accumulation of Rubbish and/or
Combustible Vegetation-Commercial $250
401.3 Failure to Report Emergencies $250
401.5 Intentional or Negligent False Alarm - Each
Occurrence
$150
407.6 Failure to Maintain Hazardous Materials
Management Plan in Approved Location $250
503.4 Obstruction and Control of Emergency
Access
$200
901.6 Failure to Maintain Fire Protection Equipment $250 1004.1 Exceeding Maximum Occupant Load $250
1028.3 Obstruction of Means of Egress $250
2305.2 Failure to Maintain Vehicle Fuel Dispensing
System
$250
5001.5.1 Failure to File Hazardous Materials
Management Plan
$250
5001.5.2 Failure to Update Hazardous Materials
Inventory Statement
$250
Resolution/Administrative Penalty Schedule Update/Exhibit A Page 4 of 4 Rev: 11/22/17
CODE SECTION OFFENSE PENALTY
5001.6 Failure to File Hazardous Materials Closure
Plan
$250
5003.1.1 Exceeding Maximum Allowable Quantity of
Hazardous Materials
$250
5003.2.6 Failure to Maintain Hazardous Materials
Systems
$250
5003.2.8 Failure to Provide Seismic Protection for
Hazardous Material Systems $250
5003.3.1 Failure to Report Hazardous Material
Release
$250
5003.5 Failure to Label Hazardous Materials System $250 5003.9.8 Failure to Separate Incompatible Hazardous
Materials
$250
5004.2.2 Failure to Maintain Secondary Containment
for Hazardous Materials $250
5601.3 Unlawful Possession of Fireworks $250
Title 18 Zoning
All Zoning Ordinance Violations $500