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HomeMy WebLinkAboutResolution 2007-095 N.C.S. 06/04/2007 Resolution No. 2007-095 N.C.S. of the City of Petaluma, California ESTABLISHING A SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF TIIE PETALUMA MUNICIPAL CODE WHEREAS, the City Council adopted Ordinance 2250 N.C.S. (the "Code Enforcement Ordinance"), codified as Chapter 1.14, on July 3, 2006; and, WHEREAS, the Code Enforcement Ordinance provides authority for the City to issue an administrative penalty for any violation of the Petaluma Municipal Code; and, WHEREAS, Section 1.14.050 of the Petaluma Municipal Code provides that the amounts of fines for code violations imposed pursuant to chapter 1.14 of the Petaluma Municipal Code can be imposed in accordance to the City's. schedule of administrative penalties; and, WHEREAS, the City of Petaluma does not currently have a schedule of administrative 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 designated sections of the Petaluma Municipal. Code. Section 2: Except as otherwise specified in Table 1, the penalty amount for a first violation of the Petaluma Municipal Code shall be One Hundred Dollars ($100.00) for any administrative penalty imposed pursuant to the issuance of an administrative citation. Section 3: Except as otherwise specified 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 Five Hundred Dollars ($500.00) for any administrative penalty imposed pursuant to the issuance of an administrative citation. Resolution No. ?007-095 N.C.S. Page ] Section 4: Except as otherwise specified 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) for any administrative penalty imposed pursuant to the issuance of an administrative citation. Section 5: The penalty amounts set forth in this Resolution shall not be binding upon an administrative hearing officer who issues an administrative order puusuant to Petaluma Municipal Code section 1.14.100. Section 6: In addition to any administrative penalties imposed 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 Cowlcil by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap o ed a to Council of the City of Petaluma at a Regular meeting on the 4~ day of June, 2007, fo by the following vote: City Att rney AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None 7 ABSENT: None ABSTAIN: None ~ ATTEST: ~ ~ ~ City Clerk ~ Mayor Resolution No. 2007-095 N.C.S. Page 2 Table 1 City of Petaluma, Califoruia Schedule of Penalties for Administrative Citations ~ s ~ ~ 8.20 Re ulation of Smokin in Certain Public Places First Offense $100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 8.28 Herita e and Landmark Trees First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 11.76.050 Protective e ui ment re uired at cit of Petaluma skate ark facilit First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.04.150 Failure to Remove a Permitted Encroachment First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.08.050 Ve etation Blockin visibilit First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.08.060 Destruction of Trees in Public Ri hts-of-Wa First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.08.070 Tree Removal Permit Re uired for Trees ih Ri hts-of-Wa First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.10.010(A) Pro ert Owner's Res onsibilit to Maintain Street Trees First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 °7^~r ~ : f, -.^G i 'aDyi~f~"'~.~ ~ _ ~ Z ~u i ~ji~ - ~ G }`:'~C'^l~ `r4 -iT ' ~4` Jf~ 13.10.020(A) Pro ert Owner's Res onsibilit to Maintain Sidewalks and Landsca in First Offense $100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.24 Waterwa s First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.28.186 Releasin Animals, Fish, or Fowl in Cit Parks Prohibited. First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.32.170 Public Parks-S ecial Event Permit Re uired First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 1.3.32.180 O eratin outside of sco e of s ecial event ermit rohibited First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 13.40.040 Filmin Permit Re uired First Offense 100 Second Offense Within 12 months 200 Third & Additional Offense Within 12 months 500 17.20 Fire Code Violations First Offense 250 Second Offense 500 Third & Additional Offense Within 36 months 1000 17.21 CUPA Violations First Offense 500 Second Offense 1000 Third & Additional Offense Within 36 months 1.000