HomeMy WebLinkAboutResolution 2008-212 N.C.S. 11/17/2008Resolution No. 2008-212 N.C.S.
of the City of Petaluma, California
UPDATING THE SCHEDULE OF PENALTIES
FOR ADMINISTRATIVE CITATIONS
FOR VIOLATIONS OF THE PETALUMA MUNICIPAL CODE
WHEREAS, Section 1.16.030 of the Petaluma Municipal Code provides that the
amounts of fines for code violations imposed pursuant to chapter 1.16 of the Petaluma Municipal
Code can be imposed in accordance to the City's schedule of administrative penalties; and,
WHEREAS, Section 1.16.090 of the Petaluma Municipal Code provides that any person
who fails to pay to the city any penalty imposed pursuant to the provisions of chapter 1.16 on or
before the date that penalty is due also shall be liable for the payment of any applicable late
payment charges set forth in the schedule of penalties.
NOW THEREFORE, BE IT RESOLVED by the City Council as follows:
Section 1: The administrative penalty amounts set forth on ``Table 1"attached hereto are hereby
established for violations of the Petaluma Municipal Code.
Section 2: Except as otherwise specifically set in Table 1, the administrative penalty amount for
a first violation of the Petaluma Municipal Code shall be One Hundred Dollars ($100.00).
Section 3: Except as otherwise specifically set forth in Table 1, the penalty amount for a second
violation of the same municipal code section by the same person or responsible party within a
thirty-six (36) month period shall be and equal to Five Hundred Dollars ($500.00).
Section 4: Except as otherwise specifically set forth in Table 1, the penalty amount for a third
and subsequent violation of the same municipal code section by the same person or responsible
party within athirty-six (36) month period shall be One Thousand Dollars ($1,000.00).
Section 5: Any penalty amount imposed pursuant to Chapter 1.16 of the Petaluma Municipal
Code and this Resolution shall be deemed delinquent if it is not paid in accordance with the
terms and provisions of Chapter 1.16. Any person who fails to pay the City the amount of any
penalty imposed pursuant to the provisions of Chapter 1.16 of the Petaluma Municipal Code and
this resolution on or before the date that the fine amount is due shall be liable for the payment of
an addition delinquency penalty.
The delinquency penalty is equal to ten percent (10%) of the amount of the penalty due to the
City, or ten percent (10%) of the amount of the penalty remaining unpaid to the City if a portion
ofthe penalty amount was timely paid. Interest shall accrue on all delinquent penalty amounts,
exclusive of the delinquency penalties, at the rate of one half of one percent (1.5%) per month,
pro rata, of the total delinquent penalty amount, from the date the penalty becomes delinquent
until the date that all delinquent penalty amounts are paid to the City.
Resolution No. 2008-212 N.C.S. Page 1
Section 6: The penalty amounts set forth in this Resolution shall not be binding upon an
administrative hearing officer who issues an administrative order pursuant to Petaluma
Municipal Code Section 1.14.100.
Section 7: In addition to any administrative penalties specified for violations of the Petaluma
Municipal Code, there shall be a separate penalty collected in connection with the permit
application to legalize any construction, use, or activity that has occurred without required City
permits or approvals. Such penalty shall be equal to double the amount of the applicable permit
fee specified in the City's Master Fee Schedule.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the ~ Apprb~ed as to
Council of the. City of Petaluma at a Regular meeting on the 17`~ day of November, ~ ~or,}n: f
2008, by the following vote: t ~/
AYES: Barrett, Freitas, Nau, O'Brien, Vice Mayor Babbitt, Mayor `forliatt
NOES: None
ABSENT: Harris
ABSTAIN: None
ATTEST:
City Clerk
City
Resolution No. 2008-212 N.C.S. Page 2
TABLE 1
Chapter/
Section
8.20
CITY OF PETALUMA
SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS
Recommended
Violation Charge
Regulation of Smoking in Certain Public Places
First Offense
Second Offense (Within 12 Months)
Third & Additional Offense (Within 12 Months)
8.28 Heritage and Landmark Trees
First Offense
Second Offense (Within 12 Months)
Third & Additional Offense (Within 12 Months)
9.08.130 Animals at large
First Offense
Second Offense
Third & Additional Offense (Within 36 Months)
9.08.170 Animal Wastes
First Offense
Second Offense
Third & Additional Offense (Within 36 Months)
9.16 Dog Licenses
First Offense
Second Offense
Third & Additional Offense (Within 36 Months)
10.64 Social Host Ordinance
First Offense
Second Offense
Third & Additional Offense (Within 36 Months)
10.68 Alcohol Related Nuisance Ordinance
First Offense
Second Offense
Third & Additional Offense (Within 36 Months)
11.76.050 Protective equipment required at city of Petaluma skate park facility
First Offense
Second Offense (Within 12 Months)
Third & Additional Offense (Within 12 Months)
13.04.150 Failure to Remove a Permitted Encroachment
First Offense
Second Offense (Within 12 Months)
Third & Additional Offense (Within 12 Months)
100
200
500
100
200
500
100
200
500
100
200
500
100
200
500
500
1000
1000
500
1000
1000
100
200
500
100
200
500
Resolution N 0.2008-212 N.C.S. Page 3
CITY OF PETALUMA
SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS
Chapter/ Recommended
Section Violation Charge
13.08.050 Vegetation Blocking visibility
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.08.060 Destruction of Trees in Public Rights-of-Way
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.08.070 Tree Removal Permit Required for Trees in Rights-of-Way
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.10.010(A) Property Owner's Responsibility to Maintain Street Trees
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.10.020(A) Property Owner's Responsibility to Maintain Sidewalks and Landscaping
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.24 Waterways
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.28.186 Releasing Animals, Fish, or Fowl in City Parks Prohibited
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense {Within 12 Months) 500
13.32.170 Public Parks-Special Event Permit Required
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
13.32.180 Operating outside of scope of special event permit prohibited
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
Resolution No. 2008-212 N.C.S. Page 4
CITY OF PETALUMA
SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS
Chapter/ Recommended
Section Violation Charge
13.40.040 Filming Permit Required
First Offense 100
Second Offense (Within 12 Months) 200
Third & Additional Offense (Within 12 Months) 500
15.80.060 Prohibited Discharge into city's MS4 or watercourses
First Offense 500
Second Offense 1000
Third & Additional Offense (Within 36 Months) 1000
1.7.20 Fire Code Violations- Other than Dangerous Fireworks
First Offense 250
Second Offense 500
Third & Additional Offense (Within 36 Months) 1000
17.20 Fire Code Violations-Dangerous Fireworks
First Offense 1000
Second Offense 1000
Third & Additional Offense (Within 36 Months) 1000
Resolution No. 2008-212 N.C.S. Nage 5