As part of the training, inspections were conducted at local tobacco-related businesses, which resulted in the confiscation of illegal tobacco products and the issuance of three citations.
The Stockton Police Department remains committed to enforcing tobacco laws and ensuring compliance to protect public health and safety.
Log In
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ATTACHMENT J
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ATTACHMENT J
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ATTACHMENT J
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Modesto police raid smoke shops, seizing flavored tobacco, cannabis and gambling machines BY KEN CARLSON UPDATED MARCH 31, 2024 9:10 AM |
Image taken from video of Modesto police crackdown on illegal tobacco and cannabis product sales Modesto Police Department Modesto police, in collaboration with a state agency, confiscated thousands of dollars’ worth of illegal products at smoke shops including flavored tobacco, marijuana, gambling machines, drug paraphernalia and psychedelic mushrooms.
The operation with the California Department of Tax and Fee Administration resulted in eight arrests and seizure of an illegal firearm, police said Thursday. According to a news release, authorities received complaints regarding the sale of cannabis-infused products and flavored tobacco at local businesses.
Notices were sent to a half dozen businesses telling them to cease and desist. In some cases, edibles containing cannabis were packaged and sold as copycat versions of popular food and candy products to make them attractive to young people, the news release said. The businesses were not licensed to sell cannabis.
The agencies conducted compliance checks Monday at smoke shops on Paradise Road, Yosemite Avenue, Maze Boulevard and McHenry Avenue. “This crackdown serves as a reminder of the dangers and criminal activities associated with the illegal sale of such products,” Modesto police said. “Not only does it pose risks to public health and safety, but it also impacts the quality of life for our residents.” This story was originally published March 30, 2024, 1:31 PM. KEN CARLSON THE MODESTO BEE 209-578- 2321 Ken Carlson covers county government and health care for The Modesto Bee. His coverage of public health, medicine, consumer health issues and the business of health care has appeared in The Bee for 15 years.
Read more at: https://www.modbee.com/news/local/crime/article287241275.html#storylink=cpy
ATTACHMENT K
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FOR IMMEDIATE RELEASE – March 28, 2024
Modesto Police Crack Down on Illegal Tobacco and Cannabis Sales Modesto, CA – On Monday, March 25, 2024, the Modesto Police Department, in collaboration with agents from the California Department of Tax and Fee Administration, followed up on complaints from concerned residents and businesses regarding the sale of cannabis-infused and flavored tobacco products. This includes cannabis-infused edibles that are being packaged and sold as copycat versions of popular food and candy products that target our youth.
Two separate notices had been sent out to local businesses advising them to cease and desist if they were selling any of the illegal products.
Compliance checks were conducted at the following locations:
- West Side Smoke Shop, 506 Paradise (near a park and high school) - J’s Smoke Shop, 2019 Yosemite
- Smoke City, 2015 #B and 2015 #A Yosemite Blvd.
- Maze Smoke Shop, 101 Maze Blvd.
- Smoking Jay’s, 302 McHenry
- Smoke City, 1601 Yosemite Blvd. #H
The operation resulted in:
- 8 arrests
- Seizure of over $10,000 from illegal gambling activities - Discovery of an illegal firearm
- Confiscation of thousands of dollars’ worth of illegal products, including flavored tobacco, marijuana, drug paraphernalia, cannabis-based products, psilocybin mushrooms - Confiscation of 10 gambling machines
Furthermore, building safety violations were located at all six locations.
The Modesto Police Department extends a huge thank you to our personnel from patrol, Area Command, Investigative Services Division, and to the California Department of Tax and Fee Administration for their dedication and hard work in ensuring the success of this operation.
This crackdown serves as a reminder of the dangers and criminal activities associated with the illegal sale of such products. Not only does it pose risks to public health and safety, but it also impacts the quality of life for our residents. The Modesto Police Department remains committed to upholding the law and ensuring a safe and secure community for everyone.
The Modesto Police Department takes these complaints from our community seriously and will be conducting additional enforcement operations in the near future.
Video posted to social media: https://fb.watch/uZD30Whqw0/
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FRESNO CITY COUNCIL
City of Fresno cracking down on smoke shops
By Tiffany Olin
Friday, March 1, 2024
FRESNO, Calif. (KFSN) -- The Fresno City Council is moving forward on a proposed ordinance to crack down on unregulated smoke shops across the city.
The Fresno City Council is moving forward on a proposed ordinance to crack down on unregulated smoke shops across the city. 24/7 Live 59°
2/27/25, 9:14 PM City of Fresno cracking down on smoke shops - ABC30 Fresno https://abc30.com/city-of-fresno-cracking-down-unregulated-smoke-shops/14484120/ 1/7 ATTACHMENT M614
City councilmembers Miguel Arias and Nelson Esparza along with city attorney Andrew Janz gathered today to talk about the issue.
They say there are too many smoke shops in the city.
"It's more than 640 establishments that sell tobacco in our city. Additionally, about 125 licensed smoke shops plus hundreds of additional smoke shops that are not licensed," city councilmember Miguel Arias explained.
Code enforcement teams from the city of Fresno and state Attorney General Rob Bonta inspected 31 smoke shops in Fresno-of those 96% were violating city and state laws. "The smoke shop industry in Fresno is engaging in widespread illicit activity," Arias said. "The sale of cannabis, vaping products to minors, gambling and city code violations that threaten the health and safety of our neighborhoods."
2/27/25, 9:14 PM City of Fresno cracking down on smoke shops - ABC30 Fresno https://abc30.com/city-of-fresno-cracking-down-unregulated-smoke-shops/14484120/ 2/7 ATTACHMENT M615
During the inspections, the city collected any illegal inventory and sometimes weapons.
Among the smoke shops inspected, Shakalala Smoke Shop on Van Ness and Belmont in the tower district. The city says they found several violations there. Action News asked the shop for comment but they declined our request for an interview.
The president of the California Association of Retail Tobacconists, Charles Janigian, says there should be consequences for smoke shops breaking the law. "If they're operating illegally - if and that's a big if-and they do not have a retail tobacco license from the state of California, they should be closed," Janigian said. "If they are attempting to sell marijuana or anything else like that and they do not have the appropriate license, they should be closed."
Fresno city councilmember Miguel Arias said the city can only fine those smoke shops who are operating illegally.
2/27/25, 9:14 PM City of Fresno cracking down on smoke shops - ABC30 Fresno https://abc30.com/city-of-fresno-cracking-down-unregulated-smoke-shops/14484120/ 3/7 ATTACHMENT M616
"Even though we are finding weapons, collecting the illegal inventory and finding the business owners, we are not able to shut them down," Arias explained. "That's why we need a citywide policy that allows to shut down these establishments once we catch them with these violations."
The proposed ordinance would require smoke shops to have a conditional use permit, city tobacco retail license, annual inspections, revised hours and more.
However, the city has already stopped issuing permits for new smoke shops. "To attempt to ban legal operations within Fresno would be a devastating blow to potential hardworking retail operators who want to own a small business," Janigian said.
The proposed ordinance will continue to be revised before being taken to the planning commission and eventually city council in the spring.
Read More
00:00 02:00
2/27/25, 9:14 PM City of Fresno cracking down on smoke shops - ABC30 Fresno https://abc30.com/city-of-fresno-cracking-down-unregulated-smoke-shops/14484120/ 4/7 ATTACHMENT M617
The city will continue its enforcement, collect weapons and illegal inventory, and enforce significant fines in the meantime.
Smoke shops that violate the proposed ordinance will be given time to shut down.
For news and weather updates, follow Tiffany Olin on
Facebook, Twitter and Instagram.
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Copyright © 2025 KFSN-TV. All Rights Reserved.
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Flight Attendant Reveals How T o Fly Business Class For The Price of Economy 2/27/25, 9:14 PM City of Fresno cracking down on smoke shops - ABC30 Fresno https://abc30.com/city-of-fresno-cracking-down-unregulated-smoke-shops/14484120/ 5/7 ATTACHMENT M618
LOCAL
A year into a crackdown on illegal pot, what’s
happening at Fresno’s smoke shops?
By Joshua Tehee
Updated November 13, 2024 7:28 AM|
Within the first months of looking into the proliferation of smoke shops around Fresno, officials had a sense the storefronts were problematic.
Illegal cannabis products are being sold inside smoke shops in Fresno, according to the city attorney’s office. Fresno City Attorney Log In | Subscribe
X
2/27/25, 9:15 PM Fresno’s smoke shop crackdown reveals widespread illegal activity | Fresno Bee https://www.fresnobee.com/news/local/article295023569.html 1/5 ATTACHMENT N619
“We knew from the complaints,” said Fresno City Council member Miguel Arias, who is helping craft an ordinance to regulate the highly-visible and heavily-advertised corner stores.
“And we knew from our site visits.”
The city now has a year’s worth of inspections to prove the point.
In an update during a Fresno City Council meeting last month, the city attorney’s office presented data from its Cannabis Administrative Prosecutor Program, which inspected 67 smoke shops throughout the city.
A majority were engaged in illegal activity.
According to the update, inspectors found:
Code violations at all 67 of the smoke shops visited. One store had installed a locking system that forced customers to be buzzed in (and out) of the premises.
Others had hazardous electrical systems and hidden panels used to store money and/or illegal goods and guns.
Illegal tobacco products were for sale at all but four of the stores visited.
A majority of the stores — 79% — were found with illegal cannabis, including counterfeit products packaged to look like popular brands such and Cookies or Stiiizy. These products aren’t regulated and are outside the state’s track-and- tracing system.
Gambling at some stores, specifically video gambling tables and machines.
Violators were cited and, more importantly, product was seized by authorities. At a single smoke shop on Blackstone Avenue, nearly $80,000 worth of illegal cannabis and more than $90,000 in illegal tobacco was seized.
“I would call the program a success,” City Attorney Andrew Janz said during the council meeting.
Janz in August 2023 led the effort for Fresno to become the first city in California to take part in the Cannabis Administrative Prosecutor Program, which targets black- X
2/27/25, 9:15 PM Fresno’s smoke shop crackdown reveals widespread illegal activity | Fresno Bee https://www.fresnobee.com/news/local/article295023569.html 2/5 ATTACHMENT N620
market sales as a public nuisance and land-use issue, using local code enforcement in conjunction with police, fire and other state departments.
Since the inspections began, 14 smoke shops have closed in Fresno.
Others are looking to rebrand as mini-markets or clothing stores. At least one, Sal’s Smoke Shop, was able to rebrand with the city as Sal’s Market, though it continues to operation of portion of the store as a “full-on smoke shop,” according to Chief Assistant City Attorney Erica Camarena.
“His ability to rebrand that way is very concerning,” she said. “He did that conveniently so that he could avoid the upcoming ordinance that we are working on.”
Revising the smoke shop ordinance
Even with the support of the state and the efforts of the CAPP program, the city’s current code doesn’t do enough to hold these business accountable, Arias said. Fines for code violations are currently capped at $250 and nearly all have been appealed.
Those appeals can take up to a year .
Arias compared this with one of the smoke shops mentioned in the update, which admitted to making more than $6,000 a month from its gambling operation. “That’s not a deterrent,” Arias said.
A revised version of the smoke shop ordinance is currently being circulated.
It will significantly increase fines for both the businesses and property owners, Arias said. It would also put restrictions on the sale of businesses and narrowly define what could be sold inside the shops, “to beat the work-around,” Arias said.
Shops would be required to apply for and obtain a conditional use permit and the policy would set the number of smoke shops allowed in each district at five.
Any business that has been been fined previously would be disqualified.
The revised smoke shop ordinance is expected to go before the planning commission and be voted on by the full council in December .
This story was originally published November 10, 2024 at 5:30 AM.
X
2/27/25, 9:15 PM Fresno’s smoke shop crackdown reveals widespread illegal activity | Fresno Bee https://www.fresnobee.com/news/local/article295023569.html 3/5 ATTACHMENT N621
June 20, 2023
Stockton City Council City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
R
e: (Agenda item) Dear Mayor Lincoln, Vice Mayor Warmsley and Council Members, I
t is the understanding of the San Joaquin Tobacco Outreach and Prevention Program (STOPP) Coalition that you are considering a tobacco retailer licensing (TRL) ordinance.
A
dopting a comprehensive tobacco retail licensing ordinance, restricting flavored tobacco, and including adequate fees to support enforcement is a best practice and the strongest way to enforce tobacco sales laws at the local, state, and federal level. In a public opinion poll conducted by San Joaquin County Public Health Services, 90% of all respondents’ support having a local TRL, including 85% of tobacco users. Ninety-five percent of respondents who were in favor of the TRL were from Stockton. (Healthy Stores for a Healthy Community survey, 2020).
T
he City of Stockton has an oversaturation of tobacco retailers, large and small, that are contributing to the proliferation of vape products collected from students in schools; 264 retailers are enough and could quite frankly be fewer.
A
s you are considering this ordinance, we urge you to:
• Include ALL retailers (not only smoke shops) in the definition of retailers. • Require one annual compliance check per retailer.
• Include strong enforcement that places penalties on the licensees and not clerks or customers. • Close loopholes in SB793 by prohibiting the sale of all flavored tobacco products without exemptions.
• Require 600 feet distance between retailers.
• Ensure licenses are non-transferable.
• Place a moratorium on any new licenses until the ordinance is implemented.
A
strong, escalating penalty structure will deter tobacco sales to youth and support a level playing field for businesses across the region.
I
n support of The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Coalition works with schools, community-based and faith-based organizations, law enforcement, businesses, and residents of San Joaquin County. We ensure all community members can live, work, play, and learn in tobacco-free environments. To accomplish this goal, the STOPP Coalition provides education, coordination, advocacy, and support of tobacco control activities in the community and oversees the development, implementation, and evaluation of the San Joaquin County Public Health Services Tobacco Control Plan.
ATTACHMENT O
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We look forward to collaborating and assisting you with tobacco control efforts to protect our community.
S
incerely,
R
yan McClinton, Program Manager, First Response Transformation Campaign In support of The STOPP Coalition
ATTACHMENT O
623
The SOL Project, Saving Our Legacy, African-Americans for Smoke-Free Safe Places 1555 River Park Drive, Suite 107 Sacramento, CA 95825 888-774-SOUL (7685) www.thesolproject.com June 20, 2023
Stockton City Council
City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
Re: 15.2 23-0491 ADOPT AN ORDINANC RELATED TO TOBACCO RETAILERS Dear Mayor Lincoln II, Vice Mayor Warmsley and Council Members, In the San Joaquin valley 22.8% of African Americans and 18.7% people living below the federal poverty level smoke cigarettes compared to 12.4% of the general population. Smoking is still the major cause of death— killing more people than alcohol, AIDS, car accidents, illegal drugs, murders, and suicides combined.
Requiring ALL retailers to be licensed with No Exemptions, closing loopholes in SB 793, placing buffer zones around schools, and limiting the density of tobacco retailer licenses with strict enforcement prevents youth access and helps those who use tobacco, to quit. Over 134 jurisdictions in 26 counties in California have already passed these types of policies. Local laws can have immediate impacts on improving the health of their residents.
Tobacco retailer licensing programs gives more local control to cities to monitor how retailers can sell tobacco and be able to afford to enforce local, state and federal laws. These programs ensure retailers are not selling products illegally. They provide strict guidelines that meet the needs of the community to address zoning and placement issues of new tobacco retailers near youth-serving and family-friendly sites like schools, parks, and youth centers. Including all retailers in the definition of a retailer makes for a level playing ground for all businesses and is a best practice.
The SOL Project advocates for healthy, smoke-free communities in Gold Country Counties. Please let us know how we can be a resource to you as you go through this process.
Thank you,
Kimberly Bankston-Lee
Kimberly Bankston-Lee
Senior Program Director
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STOPP Coalition is comprised of educators, community-based organizations, health systems and health plans, youth groups, and a host of community residents.
To learn more about STOPP and its Coalition visit, stopp.sjcphs.org or email [email protected].
SJC Public Health Services | 420 S. Wilson Way |Stockton, CA. 95205 We work to ensure all community members live, work, play and learn in tobacco-free environments.
STOPP Coalition
includes members
from, but not
limited to…
African American
Tobacco Control
Leadership Council
American Cancer
Society Cancer
Action Network
American Heart
Association
Bay Area
Community
Resources, Inc.
Break the Chain
Youth
Health Education
Council
Jakara
Lodi Unified School
District
Manteca Unified
School District
Public Health
Advocates
San Joaquin County
Office of Education
Stockton Unified
School District
SOL: Saving Our
Legacy, African
Americans for
Smoke-free, Safe
Places
Youth Advocating
Against Tobacco
…And a host of
community
residents
June 20, 2023
Stockton City Council
City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
Re: 15.2 23-0491 ADOPT AN ORDINANC RELATED TO TOBACCO RETAILERS
Dear Mayor Lincoln, Vice Mayor Warmsley and Council Members,
The San Joaquin Tobacco Outreach and Prevention Program (STOPP) Coalition encourages you to adopt a strong Tobacco Retailer Licensing (TRL) ordinance. Adopting a comprehensive TRL ordinance, restricting flavored tobacco, and including adequate fees to support enforcement is a best practice and the strongest way to enforce tobacco sales laws at the local, state, and federal level. In a public opinion poll conducted by San Joaquin County Public Health Services, 90% of all respondents’ support having a local TRL, including 85% of tobacco users. Ninety- five percent of respondents who were in favor of the TRL were from Stockton. (Healthy Stores for a Healthy Community survey, 2020).
The City of Stockton has an oversaturation of tobacco retailers, large and small, that are contributing to the proliferation of vape products collected from students in schools; 2 72 retailers are enough and could qu ite frankly be fewer.
We are impressed that you will be including ALL retailers (not only smoke shops) in the definition of retailers , will enact strong enforcement, require 600 feet distance between retailers and from youth-sensitive areas and ensure licenses are non-transferrable.
We urge you to:
Ensure penalties are placed on the licensees and not clerks or customers. Place a moratorium on any new licenses until the ordinance is implemented. Conduct annual product inspections and annual compliance checks to ensure no illegal sales. Close loopholes in SB793 by prohibiting the sale of all flavored toba cco products without exemptions (Option B).
The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Coalition works with schools, community-based and faith -based organizations, law enforcement, businesses, and residents of San Joaquin County. We ensure all community members can live, work, play, and learn in tobacco -free environments. To accomplish this goal, the STOPP Coalition provides education, coo rdination, advocacy, and support of tobacco control activities in the community and oversees the development, implementation, and evaluation of the San Joaquin County Public Health Services Tobacco Control Plan.
We look forward to collaborating and assisting you with tobacco control efforts to protect our community.
Sincerely,
The STOPP Coalition
ATTACHMENT O
625
06 /20/23
City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
Re: City Council Meeting 7/20/2023
15.2 23-0491 ADOPT AN ORDINANCE AMENDING TITLE 5,CHAPTER 5.16 RELATED
TO TOBACCO RETAILERS
D
ear Mayor Lincoln, Vice Mayor Warmsley and City Council Members, As a community member and volunteer on the STOPP Coalition, I commend you and your staff for working hard over the last several months to strengthen the proposed city ordinance that will require licensing of tobacco retailers. The changes you have made to require that all tobacco retailers obtain a city license, as well as requiring 600 feet distance between retailers and from youth-sensitive areas and ensuring licenses are non-transferrable make the Stockton ordinance much stronger and more effective. However, I and the STOPP coalition request that you consider the following additional requirements to strengthen the Ordinance even more:
• Ensure penalties are placed on the licensees and not clerks or customers • Place a moratorium on any new licenses until the ordinance is implemented • Conduct annual product inspections and annual compliance checks to ensure no illegal sales
• Close loopholes in SB793 by prohibiting the sale of all flavored tobacco products without exemptions (Option B).
A strong Tobacco Retail License (TRL) is a key tool to enforcement of laws pertaining to selling tobacco products to underage youth. By giving Stockton a strong tobacco control Ordinance you will protect the “health, safety and welfare of persons who reside in, work in and visit the City of Stockton” particularly our youth! R
espectfully,
Judy Yucht
Community Volunteer and STOPP coalition member
ATTACHMENT O
626
From:
To:
Cc:
Subject:
Date:
Attachments:
Jen Grand-Lejano
Tonight"s meeting - Concerns about Tobacco Retail ordinance Tuesday, June 20, 2023 10:02:24 AM
ACSCAN_RGB_sm_.png
Stockton_TRL flavors_location_ 6-20-23 cc.pdf
CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.
Dear Mayor Lincoln and Stockton City Councilmembers,
We are pleased that you are consider action to protect Stockton families from tobacco via the tobacco retail ordinance up for discussion tonight. There are several things we at the American Cancer Society Cancer Action Network (ACS CAN) like about this ordinance, which I’ve detailed in the attached letter. There are also some areas of concern where we recommend improvements.
Areas of concern:
They present multiple options for the council on flavors, none actually written into the ordinance so it’s hard to weigh in when the language isn’t there. We strongly urge Flavor
OPTION B -
a comprehensive end to all flavored tobacco with no exemptions.
There is no explicit reference to compliance checks or youth decoy operations, we recommend one annual product inspection (checking for flavored tobacco, etc), and one annual youth decoy operation to check underage tobacco sales at all retailer Ordinance is effective in 90 days after adoption EXCEPT existing retailers can wait until their current business license expires before being required to get a TRL. This could be almost a year for a new business. We ask that all businesses that sell tobacco are required to obtain a TRL when the ordinance becomes effective.
Although they have a breakdown of the fee, there’s no explicit statement in the ordinance that the fee will be high enough to cover the cost of the program. We ask the fee be high enough to cover cost of license administration and enforcement.
They list that retailers, employees or other can be charged with a misdemeanor for any violation of the ordinance, which we recommend against. This is a public health issue, not a criminal issue.
I will try to make it in person tonight to make public comment, along with a volunteer who lives in Stockton and shares our concerns.
Thank you!
Jen
Jen Grand-Lejano (she/her/hers)
Senior Government Relations Director, Northern
California & Grant Program
m: (925) 639.9130
fightcancer.org
| 1.800.227.2345
ATTACHMENT O
627
This message (including any attachments) is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, or confidential information. If you are not the named addressee, you are not authorized to read, print, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately.
ATTACHMENT O
628
June 6, 2023
Stockton City Council City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
Re
: (Agenda item) Dear Mayor Lincoln, Vice Mayor Warmsley and Council Members, It
is the understanding of the San Joaquin Tobacco Outreach and Prevention Program (STOPP) Coalition that you are considering a tobacco retailer licensing (TRL) ordinance.
Ad
opting a comprehensive tobacco retail licensing ordinance, restricting flavored tobacco, and including adequate fees to support enforcement is a best practice and the strongest way to enforce tobacco sales laws at the local, state, and federal level. In a public opinion poll conducted by San Joaquin County Public Health Services, 90% of all respondents’ support having a local TRL, including 85% of tobacco users. Ninety-five percent of respondents who were in favor of the TRL were from Stockton. (Healthy Stores for a Healthy Community survey, 2020).
Th
e City of Stockton has an oversaturation of tobacco retailers, large and small, that are contributing to the proliferation of vape products collected from students in schools; 264 retailers are enough and could quite frankly be fewer.
As
you are considering this ordinance, we urge you to:
• Include ALL retailers (not only smoke shops) in the definition of retailers. • Require one annual compliance check per retailer.
• Include strong enforcement that places penalties on the licensees and not clerks or customers. • Close loopholes in SB793 by prohibiting the sale of all flavored tobacco products without exemptions.
• Require 600 feet distance between retailers.
• Ensure licenses are non-transferable.
• Place a moratorium on any new licenses until the ordinance is implemented.
A s
trong, escalating penalty structure will deter tobacco sales to youth and support a level playing field for businesses across the region.
In
support of The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Coalition works with schools, community-based and faith-based organizations, law enforcement, businesses, and residents of San Joaquin County. We ensure all community members can live, work, play, and learn in tobacco-free environments. To accomplish this goal, the STOPP Coalition provides education, coordination, advocacy, and support of tobacco control activities in the community and oversees the development, implementation, and evaluation of the San Joaquin County Public Health Services Tobacco Control Plan.
ATTACHMENT O
629
We look forward to collaborating and assisting you with tobacco control efforts to protect our community.
Sincerely,
Charles Johnson, Program Manager of the REACH Covid Flu Campaign in support of The STOPP
Coalition
ATTACHMENT O
630
June 6, 2023
Stockton City Council City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
Re
: (Agenda item) Dear Mayor Lincoln, Vice Mayor Warmsley and Council Members, It
is the understanding of the San Joaquin Tobacco Outreach and Prevention Program (STOPP) Coalition that you are considering a tobacco retailer licensing (TRL) ordinance.
Ad
opting a comprehensive tobacco retail licensing ordinance, restricting flavored tobacco, and including adequate fees to support enforcement is a best practice and the strongest way to enforce tobacco sales laws at the local, state, and federal level. In a public opinion poll conducted by San Joaquin County Public Health Services, 90% of all respondents’ support having a local TRL, including 85% of tobacco users. Ninety-five percent of respondents who were in favor of the TRL were from Stockton. (Healthy Stores for a Healthy Community survey, 2020).
Th
e City of Stockton has an oversaturation of tobacco retailers, large and small, that are contributing to the proliferation of vape products collected from students in schools; 264 retailers are enough and could quite frankly be fewer.
As
you are considering this ordinance, we urge you to:
• Include ALL retailers (not only smoke shops) in the definition of retailers. • Require one annual compliance check per retailer.
• Include strong enforcement that places penalties on the licensees and not clerks or customers. • Close loopholes in SB793 by prohibiting the sale of all flavored tobacco products without exemptions.
• Require 600 feet distance between retailers.
• Ensure licenses are non-transferable.
• Place a moratorium on any new licenses until the ordinance is implemented.
A s
trong, escalating penalty structure will deter tobacco sales to youth and support a level playing field for businesses across the region.
In
support of The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Coalition works with schools, community-based and faith-based organizations, law enforcement, businesses, and residents of San Joaquin County. We ensure all community members can live, work, play, and learn in tobacco-free environments. To accomplish this goal, the STOPP Coalition provides education, coordination, advocacy, and support of tobacco control activities in the community and oversees the development, implementation, and evaluation of the San Joaquin County Public Health Services Tobacco Control Plan.
ATTACHMENT O
631
We look forward to collaborating and assisting you with tobacco control efforts to protect our community.
Sincerely,
Chris Cannon , Program Manager of the Neighborhood Change Campaign (NCC) in support of The STOPP Coalition
ATTACHMENT O
632
June 6, 2023
Stockton City Council City of Stockton
425 N. El Dorado Street, 1st Floor
Stockton, CA 95202
R
e: (Agenda item) Dear Mayor Lincoln, Vice Mayor Warmsley and Council Members, I
t is the understanding of the San Joaquin Tobacco Outreach and Prevention Program (STOPP) Coalition that you are considering a tobacco retailer licensing (TRL) ordinance.
A
dopting a comprehensive tobacco retail licensing ordinance, restricting flavored tobacco, and including adequate fees to support enforcement is a best practice and the strongest way to enforce tobacco sales laws at the local, state, and federal level. In a public opinion poll conducted by San Joaquin County Public Health Services, 90% of all respondents’ support having a local TRL, including 85% of tobacco users. Ninety-five percent of respondents who were in favor of the TRL were from Stockton. (Healthy Stores for a Healthy Community survey, 2020).
T
he City of Stockton has an oversaturation of tobacco retailers, large and small, that are contributing to the proliferation of vape products collected from students in schools; 264 retailers are enough and could quite frankly be fewer.
A
s you are considering this ordinance, we urge you to:
• Include ALL retailers (not only smoke shops) in the definition of retailers. • Require one annual compliance check per retailer.
• Include strong enforcement that places penalties on the licensees and not clerks or customers. • Close loopholes in SB793 by prohibiting the sale of all flavored tobacco products without exemptions.
• Require 600 feet distance between retailers.
• Ensure licenses are non-transferable.
• Place a moratorium on any new licenses until the ordinance is implemented.
A
strong, escalating penalty structure will deter tobacco sales to youth and support a level playing field for businesses across the region.
I
n support of The San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP) Coalition works with schools, community-based and faith-based organizations, law enforcement, businesses, and residents of San Joaquin County. We ensure all community members can live, work, play, and learn in tobacco-free environments. To accomplish this goal, the STOPP Coalition provides education, coordination, advocacy, and support of tobacco control activities in the community and oversees the development, implementation, and evaluation of the San Joaquin County Public Health Services Tobacco Control Plan.
ATTACHMENT O
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We look forward to collaborating and assisting you with tobacco control efforts to protect our community.
S
incerely,
Ericka Dorsey, Program Manager of the Within Our REACH campaign in support of The STOPP Coalition
ATTACHMENT O
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Chapter 17.61
SMOKE SHOPS AND TOBACCO STORES
Sections:
17.61.010 Purpose.
17.61.020 Definitions.
17.61.030 Zoning and land use standards for smoke shops and tobacco stores.
Prior legislation: Ord. 14-2030.
17.61.010 Purpose.
The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety and general welfare because there is the substantial likelihood of the establishment and operation of smoke shops and tobacco stores in the city of Covina. The expansion of smoke shops and tobacco stores in the city would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This chapter contains amendments consistent with good zoning and planning practices to address such negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the city of Covina. (Ord. 14-2031 § 6, 2014.)
17.61.020 Definitions.
“Ancillary sale” shall mean where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, “ancillary sale” shall mean where no more than five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this chapter and shall not constitute ancillary sale” under any circumstances.
“E-cigarette” shall mean any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
The Covina Municipal Code is current through Ordinance 24-08, and legislation passed through September 3, 2024.
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“Smoke shop and tobacco store” shall mean any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop and tobacco store” and shall not be subject to the restrictions in this chapter.
“Tobacco” shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body. “Tobacco paraphernalia” shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia. “Tobacco product” shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. (Ord. 14-2031 § 6, 2014.)
17.61.030 Zoning and land use standards for smoke shops and tobacco stores.
A. Notwithstanding any other provision of this title to the contrary, smoke shops and tobacco stores shall be a conditionally permitted use only in the following zones, subject to the regulations contained in this chapter:
1. C-4 commercial zone (highway).
2. C-5 commercial zone (specified highway).
B. All smoke shops and tobacco stores wishing to operate within the above zones after the effective date of the ordinance codified in this chapter must obtain a conditional use permit (CUP) in accordance with Chapter 17.62 CMC.
C. Additional zoning and land use standards for smoke shops and tobacco stores shall be as follows:
The Covina Municipal Code is current through Ordinance 24-08, and legislation passed through September 3, 2024.
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1. Smoke shops and tobacco stores shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
2. Smoke shops and tobacco stores shall not be located within 500 feet, measured property line to property line, from another smoke shop and tobacco store.
3. It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
4. Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
D. Standard conditions of approval for any CUP shall, at minimum, include the following:
1. No smoking shall be permitted on the premises at any time.
2. No sales may be solicited or conducted on the premises by minors.
3. No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
4. No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
E. Smoke shops and tobacco stores that are legally existing on the effective date of the ordinance codified in this chapter may continue to operate as legal nonconforming uses in accordance with Chapter 17.70 CMC and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use may require compliance with this chapter and a conditional use permit, as more particularly set forth in Chapter 17.70 CMC. (Ord. 14-2031 § 6, 2014.) The Covina Municipal Code is current through Ordinance 24-08, and legislation passed through September 3, 2024.
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City of Stockton
Legislation Text
File #: 25-0236, Version: 1
ADOPTION OF A RESOLUTION WAIVING ANY APPLICABLE PRIVILEGES FOR ANY
CONFIDENTIAL BROWN ACT INVESTIGATIONS CONDUCTED IN THE LAST FOUR YEARS
RECOMMENDATION
Consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).
Summary
On February 18, 2025, the City Council directed the City Attorney to work through the process and bring forward an item for discussion and consideration at the March 4, 2025, Council meeting for the waiver of any privileges associated with any investigations into Brown Act Leaks which may have occurred in the last 4 years with the inclusion of appropriate redactions, if any.
Having had an opportunity to view any such reports, Council may now consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).
DISCUSSION
Background
On February 4, 2025, Vice Mayor Lee and Councilwoman Ponce directed that a discussion on the waiver of privilege for any Brown Act leak investigations be agendized. On February 18, 2025, the City Attorney’sOffice provided a general overview of Attorney Client and Closed Session privileges and sought direction from the Council on the next steps.
The City Council directed the City Attorney to work through the process and bring forward an item for discussion and consideration at the March 4, 2025, Council meeting for the waiver of any privileges associated with any investigations into Brown Act Leaks which may have occurred in the last 4 years with the inclusion of appropriate redactions, if any.
The City Council was provided with the opportunity to view any Confidential Brown Act Investigations conducted in the last four years in advance of the March 4, 2025, council meeting.
Present Situation
Having had an opportunity to view any such reports, Council may now consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last City of Stockton Printed on 2/27/2025Page 1 of 2
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four years to allow for the public release of such report(s).
A-C Privilege
Attorney-Client Privilege is codified under state law at Evidence Code section 954. This privilege ensures that clients receive accurate and competent legal advice by encouraging full disclosure to their attorney without fear that information will be revealed to others. For public entities, the holder of the privilege is the organization acting through its highest authorized officer, employee, or body in any given situation. For any investigations authorized by the Council, the holder is the City Council. As the holder of the privilege, the Council has the authority to waive the privilege.
Closed Session
The League of California Cities provides a comprehensive guide which pares down the key components of the Brown Act. At its essence, the Brown Act takes a strong stance in favor of open meetings but carves out important exceptions expressly authorized under the Brown Act. Closed Sessions are allowed only for specified statutory topics. Generally, closed session conversations amongst the Council ensure full and frank discussion on often sensitive topics. The Brown Act allows waiver by the City Council (Gov. Code § 54963(a)).
Financial Summary
There is no financial impact for waiving privilege of any existing reports.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION WAIVING ANY APPLICABLE PRIVILEGES FOR ANY CONFIDENTIAL
BROWN ACT INVESTIGATIONS CONDUCTED IN THE LAST FOUR YEARS
Attorney-Client Privilege is codified under state law at Evidence Code section 954; and
This privilege ensures that clients receive accurate and competent legal advice by encouraging full disclosure to their attorney without fear that information will be revealed to others; and
The City Council, as the holder of the pr ivilege, has the authority to waive the privilege; and
The Brown Act takes a strong stance in favor of open meetings but carves out important exceptions expressly authorized under the Brown Act; and
Closed session conversations amongst the Council ensure full and frank discussion on often sensitive topics; and
The Brown Act allows the City Council to waive the privilege (Gov. Code § 54963(a)); and
On February 18, 2025, the City Attorney’s Office provided a general overview of Attorney Client and Closed Session privilege s and sought direction from the Council on the next steps.; and
The City Council directed the City Attorney to work through the process and bring forward an item for discussion and consideration at the March 4, 2025, Council meeting for the waiver of any privile ges associated with any investi gations into Brown Act Leaks which may have occurred in the last 4 years with the inclusion of appropriate redactions, if any; and.
The City Council was provided with the opportunity to view any Confidential Brown Act Investigations conducted in the last four years in adv ance of the March 4, 2025, council meeting; now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The City Council waives all applicable privileges associated with any investigations into Brown Act Leaks which may have occurred in the last 4 years wit h the inclusion of appropriate redactions, if any.
PASSED, APPROVED, and AD OPTED March 4, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 25-0188, Version: 1
TO ADOPT AN ORDINANCE CREATING TITLE 15, CHAPTER 15.34, OF THE STOCKTON
MUNICIPAL CODE, RELATED TO COMMERCIAL PROPERTY VACANCY AND VACANT LOT
REGISTRATION AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance creating Title 15, Chapter 15.34 “Vacant Commercial Property and Vacant Lot Registration” of the Stockton Municipal Code, for the purposes of encouraging property owners to develop vacant buildings and lots to help alleviate properties from becoming public nuisances due to vandalism, disrepair, graffiti, and illegal dumping, thus diminishing the value of surrounding properties and affecting the general safety and welfare of the public.
2. Approve a Resolution to amend the FY 2024-25 Fee Schedule to incorporate fees for the registration of the vacant commercial properties and vacant lots.
3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Summary
This staff report recommends that the City Council adopt a Vacant Commercial Property and Vacant Lot Registration Ordinance to address the numerous negative impacts of vacant commercial buildings and vacant land in Stockton. To ensure clarity and consistency throughout this staff report, the terms "Commercial Vacant Property" and "Vacant Land" will be used interchangeably and collectively referred to as "vacant properties." These vacant properties often become eyesores as they fall into disrepair, attracting vandalism, graffiti, and illegal dumping, which diminishes the aesthetic appeal of an area and can lead to decreased property values. The presence of such properties can also deter customers and make it difficult for nearby businesses to thrive.
Furthermore, vacant properties can pose safety risks by becoming havens for criminal activity and presenting hazards due to structural instability or overgrown vegetation. The economic consequences are also significant, as these properties can hinder development by discouraging new businesses and limiting job opportunities. Addressing issues related to vacant properties also places a strain on city resources, requiring time and attention from various departments, including the Fire Department, which plays a crucial role in identifying these locations due to their frequent presence in the field and their keen eye for signs of vacancy and potential hazards. The proposed ordinance aims to mitigate these problems by creating a centralized registry of vacant commercial properties and vacant land, promoting accountability among property owners, facilitating enforcement efforts, and City of Stockton Printed on 2/25/2025Page 1 of 3
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ultimately supporting revitalization initiatives (Attachment A).
DISCUSSION
Background
Vacant properties can have a significant negative impact on communities. They can contribute to blight by becoming eyesores that attract vandalism, graffiti, and illegal dumping, creating a visual deterrent to potential customers and investors. This can discourage economic development by hindering the appreciation of property values and diminishing the overall appeal of commercial areas.
These vacant properties also often become magnets for criminal activity, such as squatting, drug use, and vandalism, posing safety hazards to both the immediate neighborhood and the broader community. They can also become fire hazards due to neglected maintenance and the accumulation of flammable materials. In Stockton, vacant commercial buildings place a disproportionate burden on City resources, requiring more frequent monitoring and inspections by code enforcement officers to ensure compliance with property maintenance codes and address potential safety violations. They also demand increased attention from police, who must respond to complaints and incidents related to criminal activity, trespassing, and vagrancy. Additionally, building department staff may need to conduct inspections to assess structural integrity and ensure compliance with building codes, further straining city resources. Similarly, unsupervised vacant lots often demand disproportionate City resources as they become popular locations for encampments, overgrown vegetation, and illegal dumping.
Present Situation
The successful implementation of the Commercial Vacant Property Registration Ordinance depends on effective interdepartmental collaboration, leveraging the strengths of the Community Development Department (CDD), the Neighborhood Services Section (NSS), Economic Development Department (EDD), and the Fire Department (FD). By working together and sharing information, these departments can create a comprehensive and effective system for addressing the challenges posed by vacant properties in Stockton. Each department plays a critical role in ensuring that vacant properties are identified, registered, and maintained, ultimately contributing to a safer and more vibrant community.
Upon adoption of this ordinance, NSS will work with other departments to establish a strategic implementation plan, utilizing a list of known commercial vacant buildings and lots. The registration component will be a key component of the implementation plan. By requiring registration, the ordinance would give the City a more accurate understanding of the number, location, and condition of vacant commercial properties. This information can be used to track trends, inform policy decisions, and develop strategies to reduce commercial vacancy and its associated problems. The ordinance would also enable the City to hold property owners accountable to maintain their vacant properties and take steps to mitigate their negative impacts. Additionally, the registration fee would help to offset the costs of administering and enforcing the ordinance, ensuring that the program is sustainable in the long term.
NSS will work closely with CDD’s Building Official, who is responsible for ensuring life safety within the city. This close connection between the Building Official and NSS, which operates under the City of Stockton Printed on 2/25/2025Page 2 of 3
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Building Official’s direction, especially as it pertains to commercial property, ensures swift action to address violations and maintain safety in vacant properties. This arrangement will streamline the enforcement process, allowing for coordinated inspections and prompt responses to any issues identified in vacant properties.
The primary focus of NSS will be the enforcement aspect of the ordinance. This specialization allows Code Enforcement officers to dedicate their time and resources to inspecting properties, issuing citations, and pursuing legal action against property owners who fail to comply with the ordinance.
This targeted approach ensures that the ordinance is enforced effectively and that vacant properties are properly maintained, minimizing their negative impact on the community.
As the program is developed, the identification of vacant commercial buildings and lots will continue to grow utilizing AI technologies such as City Detect and Tolemi. The Tolemi software can connect to various city, state and federal databases, as well as other outside sources, to assist in the identification of possible vacant properties. By sharing this data with the other departments, the City can create a more comprehensive and efficient system for identifying and addressing vacant properties. This collaborative approach leverages the strengths of all departments, ensuring that vacant properties are identified and addressed promptly, minimizing their negative impact on the community. These software programs are currently in their infancy stages and will take time to learn the City’s landscape. During the learning phase, NSS will work with the FD and EDD to assist in identifying vacant properties requiring
enforcement.
Publication
The Notice for this public hearing will be published in The Record on February 19, 2025.
FINANCIAL SUMMARY
There are no General Fund costs associated with the adoption of the ordinance as drafted.
Upon approval, the FY 2024-25 Fee Schedule will be amended to include the following Vacant Commercial Building and Vacant Lot Registration Fees:
Vacant Commercial Buildings:
· First Year Fee (and subsequent years if property conforms with SMC 15.32) - $250 · Second Year Fee (if the property does not conform with SMC 15.32) - $500 · Third and Subsequent Years Fee (if the property does not conform with SMC 15.32) -$1,000 Vacant Lots:
Annual Fee - $250
Attachment A - Proposed Vacant Commercial Property Ordinance redlined version City of Stockton Printed on 2/25/2025Page 3 of 3
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE ADDING TITLE 15, CHAPTER 15.34, TO THE STOCKTON
MUNICIPAL CODE, RELATED TO COMMERCIAL PROPERTY VACANCY AND
VACANT LOT REGISTRATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building or property. Vacant lots, and buildings, whether boarded, substandard, unkempt, or long- term vacant, discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of both commercial and residential areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard, and invite criminal activity such as squatting, vandalism, and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.
One (1) vacant commercial building or vacant lot that is not actively well maintained and managed can be the core and cause of spreading blight. A long-term vacant building or vacant lot, even in the absence of code violations, is detrimental to the health, safety, and welfare of the community and contrary to the intended property use. Vacant commercial buildings and lots require more frequent monitoring by code enforcement, police, and Building Department staff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large.
The purpose of the vacant commercial building and vacant lot registration and monitoring program is to discourage property owners from allowing buildings and lots to remain vacant, ensure they are properly secured and maintained, help prevent the buildings and lots from becoming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use.
The provisions of this section are to be supplementary and complementary to all the provisions of the City Code, State and Federal law, and any other statutes or regulations, and nothing in this section shall be read, interpreted, or construed in any manner so as to limit any existing right or power of the City to abate or prosecute any and all violations and nuisances.
SECTION II. AMENDMENT OF CODE.
Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:
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ATTACHMENT A
Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT
REGISTRATION
15.34.010 Title. This ordinance codified in this chapter shall be known as “Vacant Commercial Building and Vacant Lot Ordinance” and is hereinafter referred to within this Chapter 15.34, as “this chapter.”
15.34.020 Purpose. Recognizing that abandoned and vacant buildings and lots contribute to blight in the City, discourage economic development, and diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings and vacant lots from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The City Council finds that vacant buildings and lots result in increased expenditures for police, fire, and code enforcement inspections and calls. Maintenance of the public health, safety, and welfare thus requires the City to maintain an accurate registration of all vacant commercial buildings and vacant lots and to impose each of the requirements, procedures and penalties set forth herein.
15.34.030 Definitions. For the purposes of this chapter, the following terms are defined as set out in this section:
A. "Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial purposes. A "commercial building" also includes any structure, or any portion of a structure, located within the City and designed or intended for occupancy as a hotel or motel.
B. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.
C. "Securing" as used in this chapter is the same as defined under Chapter 15.32.
D. "Vacant commercial building" means a commercial building where greater than fifty percent of the non-residential commercial units within the building have been unoccupied for over 30 days, unless one of the following applies:
1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the commercial building per the requirements of the California Building Code.
2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the commercial building, where the application is still active per the requirements of the Development Code.
3. In the case of a structure intended as a hotel or motel where the owner or operator is actively engaged in
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ATTACHMENT A
operating such premises as a hotel or motel. At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Uniform Transient Occupancy Tax Ordinance of the City of Stockton with respect to such premises.
4. Notwithstanding any other provisions of this Chapter, the building conforms to the standards set forth in SMC 15.32 et seq.
E. “Vacant Lot” means a lot within any zoning district unless one of the following applies:
1. There is a valid building permit for the improvement of the lot.
2. The owner or leaseholder has filed an application for required permits for the lawful use and improvement of the lot, where the application is still active per the requirements of the Development Code.
3. Notwithstanding any other provisions of this Chapter, the lot conforms to the standards set forth in SMC 15.32 et seq.
15.34.040 Registration.
The owner(s) of a vacant commercial building or vacant lot shall, within 30 days after it has become vacant as defined in this chapter, register the commercial building or lot with the Community Development Department, on a form provided by the department.
B. An annual fee, in an amount established by City Council resolution, shall accompany the registration form and be paid annually for the duration of vacancy. Funds derived from said fees shall be allocated to Police Department, Neighborhood Services Section and used to offset the City’s cost of inspection, and enforcement under this chapter.
C. Any subsequent owner of a vacant commercial building or lot must register or re- register the building with the City designated officer within 30 days of any transfer of any ownership interest in the building or lot.
D. Registered commercial buildings or lots subject to this chapter shall remain registered as long as the properties remain vacant. If the owner, or a lawful tenant of the owner, occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law, a commercial building may be removed from the department's registry. A commercial building may be removed from the registry upon owner’s submission of a de-registration form provided by the department and subject to department approval confirming occupation.
15.34.050 Registration Requirements.
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ATTACHMENT A
A. The required registration shall be submitted on the form provided by the City and shall include:
1. The name, current mailing address, phone number and any other contact information of the owner and property manager or responsible party as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.
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2. The addresses of the commercial building and the Assessor Parcel Number(s).
3. Square footage and occupancy rating(s) of the commercial building.
4. State the most recent legal use(s) of the commercial building.
5. The period of time the commercial building or lot is expected to remain vacant, and a plan and timetable for returning the commercial building or lot to appropriate occupancy or use.
6. Statement as to whether there is fire and liability insurance coverage.
7. Methods by which the owner has secured the commercial building against unauthorized entry.
8. Provide such other information as the department may require.
9. Proof of insurance in compliance with section 15.34.100.
E. Upon registration of a vacant commercial building or vacant lot pursuant to this chapter, the owner shall be required to provide authorization to the City of Stockton Police Department to arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.
15.34.060 Signage. Any vacant commercial building shall be posted with the name and twenty-four-hour contact phone number of the trustee, beneficiary, owner, realtor, or property management company. The posting shall be no less than eighteen by twenty-four (18 x 24) inches and shall be of a font that is legible from a public right of way and shall contain along with the name and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS = CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials. Compliance with this section shall satisfy section
15.32.050(C) if applicable.
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ATTACHMENT A
15.34.070 Inspection by City.
A City designated officer or their appointee may inspect or cause to be inspected any premises in the City for the purposes of enforcing and assuring compliance with the provisions of this chapter, the fire code, and safeguarding the health, safety, and welfare of the general public. Upon the request of a City building official, code enforcement officer, fire marshal, or a designated appointee, an owner shall provide access to all interior portions of any vacant commercial building or suspected vacant commercial building in order to permit inspections.
15.34.080 Owner Inspection Requirements.
The owner(s) or their property manager shall inspect a vacant commercial building or vacant lot on a monthly basis to determine if the building or lot is in compliance with this chapter or if notification of noncompliance is reported to the owner(s) or their local property manager. The property shall be brought back into compliance with this chapter within 30 days of it becoming out of compliance herewith.
15.34.090 Penalties.
A. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapter 1.24 of the Stockton Municipal Code or any other enforcement and legal remedies available to the City under the law.
B. All penalties assessed shall be payable directly to the City.
C. Any and all civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the City to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of this chapter, institution of injunction, mandamus, or other appropriate action or proceedings to enforce the penalty provisions of this chapter.
D. In addition to all other lawful remedies available to the City to address any violation of this chapter, the code compliance officer or his or her designee may impose an administrative penalty pursuant to Chapter 1.40. 650
ATTACHMENT A
15.34.100 Liability Insurance.
The property owner shall maintain liability insurance on vacant buildings and vacant lots subject to registration. A certificate of insurance for each vacant property shall be provided to the City with the vacant building registration form, whenever an insurance policy has expired, when there is a change of insurance carrier, and upon request from the City. All insurance policies for vacant property shall require notice to the City in the event of cancellation of insurance or a reduction in coverage. The minimum coverage amount shall be
$1,000,000.00 of general liability coverage.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE.
This ordinance shall take effect and be in full force 30 days after its passage.
ADOPTED:
EFFECTIVE:
ATTEST:
CHRISTINA FUGAZI
Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE AMENDMENT TO THE FISCAL YEAR 2024 -25 FEE
SCHEDULE RELATED TO THE VACANT COMMERCIAL PROPERTY AND VACANT
LOT ORDINANCE
Having adopted a n ordinance to create Stockton Municipal Code (“SMC”) 15.34 “Vacant Commercial Property and Vacant Lot Registration”, requiring a fee for the administration and enforce ment and registration of vacant commercial properties and vacant lots; and,
There is a need to set apart the fees for vacant commercial properties and vacant lots; and,
The City Council finds the fees for vacant commercial properties and vacant lots shall increase, on a n annual basis, if the property or lot does not conform to certain security and maintenance requirements; and,
The City Council seeks to implement fees to recover costs for work created by enforcing and inspecting vacant commercial buildings and vacant lots throughout the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the amendment of the Fiscal Year 2024-25 Fee Schedule to create new fees concerning vacant commercial properties and vacant lots attached as Exhibit 1 and incorporated by this reference.
2. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the intent of this Resolution.
PASSED, APPROVED, and ADOPTED March 4, 2025 .
__________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
____________________________________
KATHERINE ROLAND, CMC CPMC
City Clerk of the City of Stockton
652
EXHIBIT 1
FY 2024-25 Proposed New Fees
POLICE DEPARTMENT
Neighborhood Services Section
Description Reason Proposed Amount
Vacant Commercial Building and Vacant Lot Registration Fees
SMC 15.34 Registration Fees for Vacant Commercial Buildings and Vacant Lots
Vacant Commercial Buildings
First Year Fee (and subsequent years if property conforms with SMC 15.32) $ 250 Second Year Fee (if the property does not conform with SMC 15.32) $ 500 Third and Subsequent Years Fee (if the property does not conform with SMC 15.32) $ 1,000
Vacant Lots
Annual Fee $ 250
653
ORDINANCE NO.____________
AN ORDINANCE ADDING TITLE 15, CHAPTER 15.34, TO THE STOCKTON MUNICIPAL
CODE, RELATED TO COMMERCIAL PROPERTY VACANCY AND VACANT LOT
REGISTRATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building or property . Vacant lots, and buildings, whether boarded, substandard, unkempt, or long-term vacant discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of both commercial and residential areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.
One (1) vacant commercial building or vacant lot that is not actively well maintained and managed can be the core and cause of spreading blight. A long-term vacant building or vacant lot, even in the absence of code violations, is detrimental to the health, safety, and welfare of the community and contrary to the intended property use. Vacant commercial buildings and lots require more frequent monitoring by code enforcement, police, and Building Department staff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large.
The purpose of the vacant commercial building and vacant lot registration and monitoring program is to discourage property owners from allowing buildings and lots to remain vacant, ensure they are properly secured and maintained, help prevent the buildings and lots from becoming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use.
The provisions of this section are to be supplementary and complementary to all the provisions of the City Code, State and Federal law, and any other statutes or regulations, and nothing in this section shall be read, interpreted, or construed in any manner so as to limit any existing right or power of the City to abate or prosecute any and all violations and nuisances.
SECTION II. AMENDMENT OF CODE.
Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:
Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT REGISTRATION
15.34.010 Title.
This ordinance codified in this chapter shall be known as “Vacant Commercial Building and Vacant 654
Lot Ordinance” and is hereinafter referred to within this Chapter 15.34, as “this chapter.”
15.34.020 Purpose.
Recognizing that abandoned and vacant buildings and lots contribute t o blight in the City, discourage economic development, and diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings and vacant lots from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The City Council finds that vacant buildings and lots result in increased expenditures for police, fire, and code enforcement inspections and calls. Maintenance of the public health, safety, and welfare thus requires the City to maintain an accurate registration of all vacant commercial buildings and vacant lots and to impose each of the requirements, procedures and penalties set forth herein.
15.34.030 Definitions.
For the purposes of this chapter, the following terms are defined as set out in this section:
A. "Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial purposes.
A "commercial building" also includes any structure, or any portion of a structure, located within the City and designed or intended for occupancy as a hotel or motel.
B. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.
C. "Securing" as used in this chapter is the same as defined under Chapter 15.32.
D. "Vacant commercial building" means a commercial building where greater than fifty percent of the non-residential commercial units within the building have been unoccupied for over 30 days, unless one of the following applies:
1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the commercial building per the requirements of the California Building Code.
2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the commercial building, where the application is still active per the requirements of the Development Code.
3. In the case of a structure intended as a hotel or motel where the owner or operator is actively engaged in operating such premises as a hotel or motel. At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Uniform Transient Occupancy Tax Ordinance of the City of Stockton with respect to such premises.
4. Notwithstanding any other provisions of this Chapter, the building conforms to the standards set forth in SMC 15.32 et seq.
E. “Vacant Lot” means a lot within any zoning district unless one of the following applies:
1. There is a valid building permit for the improvement of the lot. 655
2. The owner or leaseholder has filed an application for required permits for the lawful use and improvement of the lot, where the application is still active per the requirements of the Development Code.
3. Notwithstanding any other provisions of this Chapter, the lot conforms to the standards set forth in SMC 15.32 et seq.
15.34.040 Registration.
A. The owner(s) of a vacant commercial building or vacant lot shall, within 30 days after it has become vacant as defined in this chapter, register the commercial building or lot with the Community Development Department, on a form provided by the department.
B. An annual fee, in an amount established by City Council resolution, shall accompany the registration form and be paid annually for the duration of vacancy. Funds derived from said fees shall be allocated to Police Department, Neighborhood Services Section and used to offset the City’s cost of inspection, and enforcement under this chapter.
C. Any subsequent owner of a vacant commercial building or lot must register or re -register the building with the City designated officer within 30 days of any transfer of any ownership interest in the building or lot.
D. Registered commercial buildings or lots subject to this chapter shall remain registered as long as the properties remain vacant. If the owner, or a lawful tenant of the owner, occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law, a commercial building may be removed from the department's registry. A commercial building may be removed from the registry upon owner’s submission of a de-registration form provided by the department and subject to department approval confirming occupation.
15.34.050 Registration Requirements.
A. The required registration shall be submitted on the form provided by the City and shall include:
1. The name, current mailing address, phone number and any other contact information of the owner and property manager or responsible party as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.
2. The addresses of the commercial building and the Assessor Parcel Number(s).
3. Square footage and occupancy rating(s) of the commercial building.
4. State the most recent legal use(s) of the commercial building.
5. The period of time the commercial building or lot is expected to remain vacant, and a plan and timetable for returning the commercial building or lot to appropriate occupancy or use.
6. Statement as to whether there is fire and liability insurance coverage. 656
7. Methods by which the owner has secured the comme rcial building against unauthorized entry.
8. Provide such other information as the department may require.
9. Proof of insurance in compliance with section 15.34.100.
E. Upon registration of a vacant commercial building or vacant lot pursuant to this chapter, the owner shall be required to provide authorization to the City of Stockton Police Department to arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.
15.34.060 Signage.
Any vacant commercial building shall be posted with the name and twenty -four-hour contact phone number of the trustee, beneficiary, owner, realtor, or property management company. The posting shall be no less than eighteen by twenty-four (18 x 24) inches and shall be of a font that is legible from a public right of way and shall contain along with the name and twenty -four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals.
Exterior postings must be constructed of and printed with weather resistant materials. Compliance with this section shall satisfy section 15.32.050(C) if applicable.
15.34.070 Inspection by City.
A City designated officer or their appointee may inspect or cause to be inspected a ny premises in the City for the purposes of enforcing and assuring compliance with the provisions of this chapter, the fire code, and safeguarding the health, safety, and welfare of the general public. Upon the request of a City building official, code enforcement officer, fire marshal, or a designated appointee, an owner shall provide access to all interior portions of any vacant commercial building or suspected vacant commercial building in order to permit inspections.
15.34.080 Owner Inspection Requirements.
A. The owner(s) or their property manager shall inspect a vacant commercial building or vacant lot on a monthly basis to determine if the building or lot is in compliance with this chapter or if notification of noncompliance is reported to the owner(s) or their local property manager. The property shall be brought back into compliance with this chapter within 30 days of it becoming out of compliance herewith.
15.34.090 Penalties.
A. Violations of this chapter shall be treated as a strict liabilit y offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapter 1.24 of the Stockton Municipal Code or any other enforcement and legal remedies available to the City under the law.
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B. All penalties assessed shall be payable directly to the City.
C. Any and all civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the City to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of this chapter, institution of injunction, mandamus, or other appropriate action or proceedings to enforce the penalty provisions of this chapter.
D. In addition to all other lawful remedies available to the City to address any violation of this chapter, the code compliance officer or his or her designee may impose an administrative penalty pursuant to Chapter 1.40.
15.34.100 Liability Insurance.
The property owner shall maintain liability insurance on vacant buildings and vacant lots subject to registration. A certificate of insurance for each vacant property shall be provided to the City with the vacant building registration form, whenever an insurance policy has expired, when there is a change of insurance carrier, and upon request from the City. All insurance policies for vacant property shall require notice to the City in the event of cancellation of insurance or a reduction in coverage.
The minimum coverage amount shall be
$1,000,000.00 of general liability coverage.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE.
This ordinance shall take effect and be in full force 30 days after its passage.
ADOPTED:
EFFECTIVE:
ATTEST:
CHRISTINA FUGAZI
Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
658
Vacant Commercial Property OrdinanceCity Council MeetingMarch 4, 2025Item 16.1 659
BackgroundNovember 22, 2022: Stockton PD provided an update to Council regarding tools, tasks, and staffing required to operate a program of this magnitude.October 18, 2023, and January 17,2024 : Updates provided to Legislative and Environmental Committee regarding establishing a Vacant Commercial Registration ProgramFebruary 3, 2025: Legislative and Environmental Committee provided direction to staff to implement the ordinance 660
Vacant Commercial Building Defined:Property is considered vacant after greater than 50% of commercial units in the building have been unoccupied for over 180 days. Approximately 250 vacant commercial buildings within the City. 661
Vacant Commercial Property Ordinance Overview:Currently: No registration requirement for vacant commercial buildings or lots.Proposed Ordinance requires property owners to:Register their vacant commercial building or lot with the City.Comply with the Stockton Municipal Code (SMC)Maintain the propertyProperty owners may be subject to fees, fines, or abatement costs if property not maintained or in compliance with the SMC. 662
Proposed FeesFirst Year Fee (and subsequent years if property conforms with SMC 15.32)$250Second Year Fee (if the property does not conform with SMC 15.32)$500Third and Subsequent Years Fee (if the property does not conform with SMC 15.32) $1,000Vacant Lot Annual Fee$250 663
RecommendationAdopt an ordinance creating Title 15, Chapter 15.34 “Vacant Commercial Property and Vacant Lot Registration”Approve a Resolution to amend the FY 2024-25 Fee Schedule Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purposes and intent of the ordinance and resolution. 664
City of Stockton
Legislation Text
File #: 25-0164, Version: 1
ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE (SMC), TITLE 1, CHAPTER
1.08, SECTION 1.08.010; AMENDING TITLE 1, CHAPTER 1.32, SECTION 1.32.050; AND AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.090 TO CLARIFY FINE STRUCTURES, ESTABLISH A “HARDSHIP WAIVER” PROCESS, AND RESOLVE INCONSISTENCIES IN THE CODE RELATED TO OFFENSES DEEMED AS INFRACTIONS; AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE
SCHEDULE
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 1, Chapter 1.08, Section 1.08.010, to update the Municipal Code to reflect the current limits of allowable fines for certain violations of the Code considered to be infractions, and ensure compliance with State Law by requiring the City to establish a program for qualifying persons the ability to request a reduction of fines resulting from violations of infractions through a ‘Hardship Waiver Request’ process; and,
2. Amend Title 1, Chapter 1.32, Section 1.32.050 to clarify that fines for violations considered to be infractions shall be levied in accordance with Title 1, Chapter 1.08; and,
3. Amend Title 9, Chapter 9.64, Section 9.64.090 to correct an inconsistency for the allowed height of barbed wire (a violation codified as an infraction) within separate Chapters/Sections of the Municipal Code; and,
4. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to Infraction Violations; and,
5. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Summary
The proposed amendments to the Stockton Municipal Code (SMC) will address outdated provisions and ensure alignment with current State Law. The proposed changes aim to clarify fine structures for infractions, establish a "Hardship Waiver" process for individuals facing financial difficulties, and resolve inconsistencies in regulations concerning barbed wire fencing. These updates will modernize the code, improve clarity for both residents and enforcement officers, and enhance public safety within the City of Stockton. By adopting these amendments, the City will demonstrate its continued commitment to fair and equitable enforcement of municipal codes, while also ensuring the safety and well-being of its residents.
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DISCUSSION
Background
The Stockton Municipal Code, specifically Title 1, Chapter 1.08, Section 1.08.010A, currently defines violations as misdemeanors unless explicitly stated as infractions in the code or by State Law. This has led to discrepancies between the SMC and the California Government Code (GOV 36900) regarding the allowable fines for infractions. For example, the state code allows for differentiated fine structures for infractions related to building and safety codes, short-term rental ordinances, and repeat violations on commercial properties, while the SMC currently maintains a uniform fine structure for all infractions. This lack of differentiation can result in inequitable treatment of violators, particularly for minor infractions that may not warrant the same level of penalty as more serious offenses.
Furthermore, GOV 36900 mandates a "Hardship Waiver" process, enabling individuals to request a reduction in fines if they can demonstrate that full payment would impose an undue financial burden.
This provision is crucial for ensuring that fines do not disproportionately impact low-income individuals and families. The absence of a "Hardship Waiver" process in the SMC poses a potential barrier to compliance and can exacerbate economic hardship for vulnerable residents.
Similarly, SMC 1.32.050, which addresses fines for administrative citations, does not differentiate between infractions and misdemeanors, potentially leading to confusion and inconsistent application of fines. The lack of clarity in the current code can create challenges for both enforcement officers and residents in understanding the appropriate penalties for different types of violations. Additionally, the discrepancy between SMC 9.64.090 and the Development Code regarding the minimum height for barbed wire fencing highlights the need for consistent regulations to ensure public safety and avoid ambiguity in code enforcement.
Present Situation
To address these issues, the proposed amendments will significantly modernize the SMC and bring it into alignment with current State law. The Ordinance amending Title 1, Chapter 1.08, Section
1.08.010 will comprehensively update the SMC to reflect the various fine categories outlined in GOV 36900 and establish the required "Hardship Waiver" process. By incorporating these provisions, the City of Stockton will ensure that its municipal code is not only consistent with State law but also promotes fairness and equity in the application of fines.
The amendment to Title 1, Chapter 1.32, Section 1.32.050 will explicitly clarify that fines for infractions issued through administrative citations must adhere to the provisions in Title 1, Chapter
1.08. This will eliminate any ambiguity and ensure consistent application of fines for infractions, regardless of the enforcement mechanism. By streamlining the enforcement process and ensuring clarity in the code, the City will improve compliance and reduce the potential for disputes.
Finally, the amendment to Title 9, Chapter 9.64, Section 9.64.090 will rectify the discrepancy in the allowable height of barbed wire fencing, aligning it with the Development Code and promoting public safety. This change will remove confusion and ensure that all barbed wire fences within the city meet the required safety standards. By addressing this inconsistency, the City will enhance public safety City of Stockton Printed on 2/25/2025Page 2 of 3
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and protect residents from potential hazards associated with improperly installed or maintained barbed wire fences.
Publication
The Notice for this public hearing will be published in The Record on February 19, 2025.
FINANCIAL SUMMARY
The proposed ordinance amendments may have the potential to impact city revenue. While updating fine structures could lead to increased revenue, the implementation of a hardship waiver program could conversely decrease revenue. The ultimate financial impact will depend on the balance between these two factors, specifically the number of waivers granted and the changes in fine amounts. The proposed fees include:
Violations of a codified State or Municipal Non-Building or Non-Safety Code Infraction (§ 1.08.010(B)) First Offense $100
Second Offense $200
Third/Subsequent Offense $500
Violations of a codified State or Municipal Building or Safety Code Infraction (§ 1.08.010(C))
First Offense $ 130
Second Offense $ 700
Third/Subsequent Offense $1,300
Commercial property owners who fail to remove visible refuse or prohibit unauthorized use of the property within two years of a prior violation of the same offence. (§ 1.08.010(C)4)
$2,500
Attachment A - Proposed Infractions Ordinance Amendments redlined version City of Stockton Printed on 2/25/2025Page 3 of 3
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ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.08, SECTION 1.08.010; AND AMENDING TITLE 1, CHAPTER 1.32, SECTION 1.32.050; AND AMENDING TITLE 9, CHAPTER 9.64, SECTION
9.64.090 OF THE STOCKTON MUNICIPAL CODE TO CLARIFY FINE STRUCTURES, ESTABLISH A “HARDSHIP WAIVER” PROCESS, AND RESOLVE INCONSISTENCIES IN THE CODE RELATED TO OFFENSES DEEMED AS INFRACTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
The City Council of the City of Stockton finds portions of the Stockton Municipal Code (SMC), Title 1, Chapter 1.08, Section 1.08.010, to be outdated and inconsistent with provisions of the California Government Code. The intent of the adoption of this ordinance is to amend the existing Municipal Code and ensure for the proper administration and enforcement of the provisions of state law as codified in the Government Code. The City Council also finds an inconsistency of existing Codes and finds a need to amend Title 1, Chapter 1.32, Section 1.32.050, to reference to Title 1, Chapter 1.08 for the proper levying of fines for infractions when issuing citations through the Administrative Citation process, and to amend Title 9, Chapter 9.64, Section 9.64.090, to be consistent with barbed wire provisions in Volume II, Title 16, of the Municipal Code.
SECTION II. AMENDMENT OF CODE.
Title 1, Chapter 1.08, Section 1.08.010 is hereby amended and shall read as follows:
1.08.010 Criminal violations—Misdemeanors and infractions.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions, or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor, except where it has been provided by State law or this code that the violator shall be guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
B. Any person convicted of an infraction, shall be punishedable by a fine only as follows: Upon a first conviction, by a fine not exceeding $100.00, by a fine not exceeding $250.00 for a second violation of the same ordinance within one year, and for a third conviction or subsequent conviction within a period of one year, by a fine not exceeding $500.00.
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
C. Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.
ATTACHMENT A
668
2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
3. A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
4. A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
C. DE. Violation of any of the provisions of Title 10 of this code the Stockton Municipal Code shall be deemed to be an infraction unless otherwise provided in such chapters.
D. EF. Notwithstanding the above provisions, a violation of any provision of this code the Stockton Municipal Code is an infraction when the prosecutor files a complaint charging the offense as an infraction.
(Prior code § 1-010)
F. Pursuant to California Government Code, section 36900, upon levying a fine in accordance with paragraphs 2 and 3 of subdivisions B and C of this section of the municipal code, the City shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
G. For consideration of a hardship waiver, when issued a Notice with a qualifying infraction, it shall be the responsibility of the cited party to petition the City no later than ten (10) days from the date the Notice was issued. All required documents for consideration of a hardship waiver shall be submitted to the City no later than thirty (30) days from the date of the hardship waiver submittal.
SECTION III. AMENDMENT OF CODE.
Title 1, Chapter 1.32, Section 1.32.050 is hereby amended and shall read as follows:
A. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. Except as provided in Chapter 1.08.010, Tthe amount of the fine shall increase at a rate specified in subsection B of this section.
B. The fines assessed for each administrative citation issued for the same violations shall be as follows:
1. First administrative cite: $200.00;
2. Second or subsequent administrative cite: $500.00.
C. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City.
D. All fines assessed shall be payable to the City, unless otherwise directed on the citation.
ATTACHMENT A
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E. The Community Development Director is authorized, under direction and upon approval of the City Manager, to establish policies and procedures for the certification, decertification and conduct of the community awareness and responsibility education classes, to establish that persons receiving a code enforcement administrative citation fine have the option of attending a certified community awareness and responsibility education class prior to the citation becoming delinquent in lieu of paying the fine. A person may not use this option more than once in any 12-month period.
F. For all delinquent, unpaid administrative citation fines there shall be a penalty imposed in the amount of 10 percent of the citation fine amount, and an additional 1% per month of the total amount of such fine for each month during the time that said fine remains unpaid after its delinquency date.
The delinquency date for a code enforcement administrative citation fine shall be 60 days following the imposition of the fine, or the appeal determination of the Administrative Hearing Officer, whichever is later.
(Prior code § 1-057)
SECTION IV. AMENDMENT OF CODE.
Title 9, Chapter 9.64, Section 9.64.090 is hereby amended and shall read as follows:
9.64.090 Use of barbed wire.
It is unlawful and an infraction to use barbed wire as material for constructing, repairing or maintaining any part of any fence or adjunct thereof where said wire is placed less than six seven (7) feet above ground level.
(Prior code § 5-138)
SECTION V. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION VI. EFFECTIVE DATE.
This ordinance shall be in full force and take effect 30 days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTACHMENT A
670
ATTEST:
_____________________________
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
ATTACHMENT A
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE
RELATED TO VIOLATIONS CODIFIED AS INFRACTIONS
Stockton Municipal Code (“SMC”), Title 1, Chapter 1.08, Section 1.08.010A codifies violations of the Municipal Code as misdemeanors unless a particular Code, or State Law, states the violation to be an infraction. As such, within various Chapters and Sections of the Municipal Code, there are several violations identified as infractions rather than misdemeanors; and
In an attempt to bring the Stockton Municipal Code into compliance with State Law, Stockton Police Department Neighborhood Services Section (“NSS”) reviewed current SMC provisions related to infractions and found several areas for potential improvement; and
NSS has proposed several amendments to the current SMC to bring City enforcement of infraction into compliance with State law; and
The City seeks to implement fines consistent with State Law when levied for violations; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the amendment of the Fiscal Year 2024-25 Fee Schedule to create new fees concerning violations codified as infractions attached as Exhibit 1 and incorporated by this reference.
2. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the intent of this Resolution.
PASSED, APPROVED, and ADOPTED March 4, 2025_____ .
__________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
____________________________________
KATHERINE ROLAND, CMC CPMC
City Clerk of the City of Stockton
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EXHIBIT 1
FY 2024-25 Proposed New Fees
POLICE DEPARTMENT
Neighborhood Services Section
Description Reason Proposed Amount
Codified Infractions: Administrative Citation Process
SMC 1.08.010(B) Violations of a codified State or Municipal Non-Building or Non-Safety Code Infraction
First Offense $ 100
Second Offense $ 200
Third / Subsequent Offense $ 500
SMC 1.08.010© Violations of a codified State or Municipal Building or Safety Code Infraction
First Offense $ 130
Second Offense $ 700
Third / Subsequent Offense $ 1,300
SMC 1.08.010(C)4 Commercial property owners who fail to remove visible refuse or prohibit unauthorized use of the
property within two years of a prior violation of the
same offence. $ 2,500
This fine schedule complies with the provisions of the California Government Code (GOV 36900) 673
ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.08, SECTION 1.08.010; AND AMENDING TITLE 1, CHAPTER 1.32 , SECTION 1.32.050 ; AND AMENDING TITLE 9, CHAPTER 9.64, SECTION
9.64.090 OF THE STOCKTON MUNICIPAL CODE TO CLARIFY FINE STRUCTURES, ESTABLISH A “HARDSHIP WAIVER” PROCESS, AND RESOLVE INCONSISTENCIES IN THE CODE RELATED TO OFFENSES DEEMED AS INFRACTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
The City Council of the City of Stockton finds portions of the Stockton Municipal Code (SMC), Title 1, Chapter 1.08, Section 1.08.010, to be outdated and inconsistent with provisions of the California Government Code. The intent of the adoption of this ordinance is to amend the existing Municipal Code and ensure for the proper administration and enforcement of the provisions of state law as codified in the Government Code. The City Council also finds an inconsistency of existing Codes and finds a need to amend Title 1, Chapter 1.32, Section 1.32.050, to reference to Title 1, Chapter 1.08 for the proper levying of fines for infraction s when issuing citations through the Administrative Citation process, and to amend Title 9, Chapter 9.64, Section 9.64.090, to be consistent with barbed wire provisions in Volume II, Title 16, of the Municipal Code.
SECTION II. AMENDMENT OF CODE.
Title 1, Chapter 1.08, Section 1.08.010 is hereby amended and shall read as follows:
1.08.010 Criminal violations—Misdemeanors and infractions.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions, or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor, except where it has been provided by State law or this code that the violator shall be guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000.00, or by impr isonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
B. Any person convicted of an infraction shall be punished by a fine only as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
C. Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.
2. A fine not exceeding seven hundred dollars ($700) fo r a second violation of the same ordinance within one year.
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3. A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
4. A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
D. Violation of any of the provisions of Title 10 of the Stockton Municipal Code shall be deemed to be an infraction unless otherwise provided in such chapters.
E. Notwithstanding the above provisions, a violation of any provision of the Stockton Municipal Code is an infraction when the prosecutor files a complaint charging the offense as an infraction. (Prior code § 1-010)
F. Pursuant to California Government Code, section 36900, upon levying a fine in accordance with paragraphs 2 and 3 of subdivisions B and C of this section of the municipal code, the City shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
G. For consideration of a hardship waiver, when issued a Notice with a qualifying infraction, it shall be the responsibility of the cited party to petition the City no later than ten (10) days from the date the Notice was issued. All required documents for consideration of a hardship waiver shall be submitted to the City no later than thirty (30) days from the date of the hardship waiver submittal.
SECTION III. AMENDMENT OF CODE.
Title 1, Chapter 1.32, Section 1.32.050 is hereby amended and shall read as follows:
A. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. Except as provided in Chapter 1.08.010, the amount of the fine shall increase at a rate specified in subsection B of this section.
B. The fines assessed for each administrative citation issued for the same violations shall be as follows:
1. First administrative cite: $200.00;
2. Second or subsequent administrative cite: $500.00.
C. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City.
D. All fines assessed shall be payable to the City, unless otherwise directed on the citation.
E. The Community Development Director is authorized, under direction and upon approval of the City Manager, to establish policies and procedures for the certification, decertification and conduct of the community awareness and responsibility education classes, to establish that persons receiving a code enforcement administrative citation fine have the option of attending a certified community awareness 675
and responsibility education class prior to the citation becoming delinquent in lieu of paying the fine. A person may not use this option more than once in any 12-month period.
F. For all delinquent, unpaid administrative citation fines there shall be a penalty imposed in the amount of 10 percent of the citation fine amount, and an additional 1% per month of the total amount of such fine for each month during the time that said fine remains unpaid after its delinquency date. The delinquency date for a code enforcement admi nistrative citation fine shall be 60 days following the imposition of the fine, or the appeal determination of the Administrative Hearing Officer, whichever is later.
(Prior code § 1-057)
SECTION IV. AMENDMENT OF CODE.
Title 9, Chapter 9.64, Section 9.64.090 is hereby amended and shall read as follows:
9.64.090 Use of barbed wire.
It is unlawful and an infraction to use barbed wire as material for constructing, repairing or maintaining any part of any fence or adjunct thereof where said wire is placed less than seven (7) feet above ground level.
(Prior code § 5-138)
SECTION V. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision s hall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof ir respective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION VI. EFFECTIVE DATE.
This ordinance shall be in full force and take effect 30 days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
_____________________________
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Ordinance Amending Stockton Municipal Code Title 1 and Establishing a Hardship Waiver City Council MeetingMarch 4, 2025Item 16.2 677
BackgroundStockton Municipal Code (SMC), specifically Title 1, Chapter 1.08, Section 1.08.010A, currently defines violations as misdemeanors unless explicitly stated as infractions in the code or by State Law.Has led to discrepancies between the SMC and the California Government Code (GOV 36900)GOV 36900 mandates a "Hardship Waiver" process, enabling individuals to request a reduction in fines if they can demonstrate that full payment would impose an undue financial burdenSMC 1.32.050, which addresses fines for administrative citations, does not differentiate between infractions and misdemeanors 678
Present Situation – Proposed AmendmentsAmendment Title 1, Chapter 1.08, Section 1.08.010 Amendment to Title 1, Chapter 1.32, Section 1.32.050 Amendment to Title 9, Chapter 9.64, Section 9.64.090 679
Proposed FeesViolations of a codified State or Municipal Non-Building or Non-Safety Code Infraction (§ 1.08.010(B))First Offense $100Second Offense $200Third/Subsequent Offense $500Violations of a codified State or Municipal Building or Safety Code Infraction (§ 1.08.010(C))First Offense $ 130Second Offense $ 700Third/Subsequent Offense $1,300 680
Proposed Fees Cont’dCommercial property owners who fail to remove visible refuse or prohibit unauthorized use of the property within two years of a prior violation of the same offense (§1.08.010(C)4)$2,500 681
RecommendationAdopt an Ordinance amending Title 1, Chapter 1.08, Section 1.08.010, to update the Municipal Code to reflect the current limits of allowable fines for certain violations of the Code considered to be infractions, and ensure compliance with State Law by requiring the City to establish a program for qualifying persons the ability to request a reduction of fines resulting from violations of infractions through a ‘Hardship Waiver Request’ processAmend Title 1, Chapter 1.32, Section 1.32.050 to clarify that fines for violations considered to be infractions shall be levied in accordance with Title 1, Chapter 1.08 682
Recommendation Cont’dAmend Title 9, Chapter 9.64, Section 9.64.090 to correct an inconsistency for the allowed height of barbed wire (a violation codified as an infraction) within separate Chapters/Sections of the Municipal CodeAdopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to Infraction ViolationsAuthorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution 683