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HomeMy WebLinkAboutReso 2016-074 - Schedule of Citation FeesRESOLUTION NO. 2016-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A SCHEDULE OF ADMINISTRATIVE CITATION FINES WHEREAS, on October 4, 1988, by Resolution 88-364, the City Council adopted a Schedule of Fees and Service Charges, which has been subsequently amended from time to time; and WHEREAS, on November 1, 2005, by Resolution 2005-148, the City Council adopted an Administrative Citation Fine Schedule relating to violations of the Redding Municipal Code; and WHEREAS, subsequent to the adoption of Resolution 2005-148, the Schedule of Fees and Service Charges incorporated reference to fines attributable to some, but not all, violations of the Redding Municipal Code; and WHEREAS, fines are unlike fees in that their purpose is not to recover funds for the provision of City services; and WHEREAS, it is therefore desirable to remove all administrative fines from the Schedule of Fees and Service Charges so that a comprehensive Schedule of Administrative Citation Fines can be reestablished; and WHEREAS, a separate Schedule of Administrative Citation Fines will better aid City staff responsible for the enforcement of the Redding Municipal Code and further guide the Administrative Hearings Board in assessment of said fines and penalties; and WHEREAS, Redding Municipal Code 1.13.070 provides that an enforcement officer of the City of Redding charged with enforcement of the Redding Municipal Code ("RMC") shall have authority to issue administrative citations to any persons responsible for violation of the RMC; and WHEREAS, RMC 1.13.090 provides that the amount of administrative fines imposed shall be set forth in a Schedule of Administrative Citation Fines established by resolution of the City Council; and WHEREAS, RMC 1.13.090 further provides that the schedule of administrative fines shall specify increased fines for repeat violations of the RMC within thirty-six (36) months, and shall further specify the amount of any late payment charges imposed for the payment of a fine G after its due date; and 6 WHEREAS, Government Code sections 53069.4 and 36900 establish parameters for the 0 amount of administrative fines and penalties which may be assessed for violations of ordinances —1 S which are denominated as infractions; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the fine amounts for issuance of administrative citations assessed pursuant to the provisions of the Redding Municipal Code, including provisions for repeat violations and late payment charges, are hereby established and listed on the document entitled "Schedule of Administrative Citation Fines," attached hereto and made a part hereof. BE IT FURTHER RESOLVED that, in assessing the merits of any case, the Administrative Hearings Board is hereby vested with authority to reduce any fine set forth in the Schedule of Administrative Citation Fines as the interests of justice may require; BE IT FURTHER RESOLVED that the Schedule of Administrative Citation Fines attached hereto and approved pursuant to this resolution shall be effective as of the date of its adoption. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 21st day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCIL MEMBERS: Schreder, Sullivan, Weaver, & McArthur COUNCIL MEMBERS: None COUNCIL MEMBERS: Cadd COUNCIL MEMBERS: None PAMELA MIZE, Clerk MISSY Mayor APPROVED AS TO FORM: BARRY E. DeWALT, City Attorney SCHEDULE OF ADMINISTRATIVE FINES CODE SECTION DESCRIPTION FINE 1.14.220 Interference With Abatement Work $200.00 1.15.170 Immediately Dangerous Building $500.00 $1000.00 Dangerous Building $250.00 $1000.00 Substandard Building $100.00 $1000.00 Public Nuisance $100.00 $100.00 Blighted Property $100.00 Title 3 All Sections of Title 3 (Aircraft & Airports) $200.00 4.12.050 Violation of Chapter 4.12 - Transient Occupancy $500.00 $250.00 Tax Obligations Occupation of Therapy Rooms 4.12.140 Violation of Chapter 4.16 - Real Property Transfer $100.00 $100.00 Tax Obligations Provision of Alcohol or Controlled Substance 6.02.020 Conducting Business Without Business License 25% of $1000.00 (N) License Fee 6.02.080(A) Failure to Display Business License $100.00 6.08.020 Failure to Comply with Massage Operating Requirements (A) Hours of Operation $1000.00 (B) Underage Massage Provider $1000.00 (C) Failure to Report for Fingerprinting $1000.00 (D) Providing Massage Without Approved Background $1000.00 (E) Providing Massage With Disqualifying Conviction $1000.00 (F) Sanitary Supplies $100.00 (G) Sanitary Premises $100.00 (H) Sanitary Instruments $100.00 (1) Occupation of Dressing Rooms $250.00 (J) Occupation of Therapy Rooms $250.00 (K) Toilet Facilities $100.00 (L) Provision of Alcohol or Controlled Substance $1000.00 (M) Massage Provider Inappropriate Dress $1000.00 (N) Unlawful Contact with Genitalia $1000.00 (0) Keeping of Pornography at Massage Establishment $1000.00 (P) Presence Outside Working Hours $1000.00 (Q) Operation By Name Different Than Approved $100.00 (R) Advertising Violation $500.00 6.08.030 Provisions Applicable to Massage Establishment Location $1000.00 6.08.040 Violations Applicable to Inspection $200.00 Chap. 6.10 All Sections of Chap. 6.10 (Limited Ambulances) $100.00 6.12.020 Unlawful Medical Marijuana Collectives $500.00 6.14.025 Failure to Post Card Room Hours of Operation $100.00 6.14.027 Unlawful Location of Gambling Establishment $500.00 6.14.029 Violation on Limit of Authorized Tables $250.00 6.14.030 Unlawful Card Room $500.00 6.14.070 Violation of License Regulations $250.00 6.14.100(A) Unregistered Employee of Card Room $250.00 6.14.110 Display of Identification Cards at Game Room $100.00 6.14.120 Unlawful Gaming of Employees at Card Rooms $100.00 6.14.130 Unlawful Loans to Customers $250.00 6.14.140 Unlawful Charges and Failure to Use Chips $100.00 6.14.150 Authorized Games and Supervision of Tables $100.00 6.14.160 Cheating $100.00 6.14.170 Unlawful Gaming by Prohibited Persons $100.00 6.14.180 Violation of State Laws $100.00 6.16.010 Burning Vehicles Prohibited $250.00 6.16.020 Junkyard and Wrecking Yard Building Requirements $100.00 6.22.010 Soliciting and Peddling Without Registration $250.00 6.22.030 Soliciting and Peddling When Signs Posted $100.00 Chap. 6.24 All Sections of Chap. 6.24 (Public Dances) $100.00 6.26.010 Violation of Bingo Regulations $100.00 6.28.020 Operation of Public Transportation Without Permit $500.00 6.28.110 Unlawful Parking or Regulated Vehicle $100.00 6.30.030 Secondhand Vending Without License $500.00 6.30.100 Failure to Retain Goods $250.00 6.30.110 Unlawful Alteration of Goods $250.00 6.32.020 Operation of Automobile for Hire Without Permit $500.00 6.32.080 Violation of Operator Rules $100.00 6.32.150 Collection Greater Than Established Fare $100.00 6.32.200 Operation Without Driver Permit $500.00 6.34.020 Operation of Close -Out Sale Without Permit $500.00 6.34.070 Failure to Post Close -Out Sale Permit $100.00 Chap. 6.36 All Sections of Chap. 6.36 (Handbills) $100.00 Chap. 6.38* All Sections of Chap. 6.38 (Redding Downtown Mall) $100.00 6.40.040 Installation of Cable Communications System $500.00 Without Franchise 7.04.020 Unlawful Tethering of Animal On Street $100.00 7.04.030 Maltreatment of Animal $500.00 7.04.040 Harassing of Police Dogs $250.00 7.04.050 Running At Large $100.00 7.04.060 Committing Nuisance in Public Area $100.00 7.04.070 Keeping of Animal in Unsanitary Condition $100.00 7.04.080 Enclosure Required $100.00 7.04.090 Public Nuisance Due to Noise $50.00 7.04.100 Hunting, Trapping or Keeping Wild Animals $100.00 7.04.110 Slaughterhouse Prohibited $100.00 7.04.120 Fowl and Gnawing Animals $100.00 7.04.130 Roosters and Peafowl $100.00 7.04.150 Number of Dogs or Cats in Dwelling $50.00 7.04.160 Unlawful Selling or Making Gifts of Animals $50.00 Chap. 7.08 All Sections of Chapter 7.08 (Bees) $100.00 7.12.020 Dogs in Public Parks and Malls $50.00 7.12.030 Failure to License Dog $50.00 7.12.060 Failure to Vaccinate Dog $50.00 7.12.110 Failure to Attach Proof of Licensure on Dog Collar $50.00 7.12.130 Other Tags Prohibited $50.00 7.12.140 Counterfeit Dogtag $100.00 7.12.160 Maintenance of Kennel Without License $100.00 7.12.180 Confinement of Puppies $50.00 Chap. 7.13 All Sections of Chap. 7.13 (Dangerous Dogs) $100.00 7.24.030 Molesting of Birds and Eggs in Sanctuary $100.00 9.01.030 Prohibition of Parties Where Minors Consume $1000.00 Alcohol or Controlled Substances Chap. 9.04 All Sections of Chap. 9.04 (Health and Sanitation) $100.00 Chap. 9.07 All Sections of Chapter 9.07 (Shopping Carts) $100.00 9.08.150 Failure to Remove Abandoned, Wrecked, Dismantled $250.00 or Inoperative Vehicle Chap. 9.09 All Sections of Chap. 9.09 (Neglected Vacant Buildings) $250.00 Chap. 9.16 All Sections of Chap. 9.16 (Contagious or Infectious Diseases) $100.00 Chap. 9.20 All Sections of Chap. 9.20 (Fire Prevention) $250.00 Chap. 9.24 All Sections of Chap. 9.24 (Food and Food Handlers) $100.00 9.28.030 Accessibility to Rats Prohibited $100.00 9.28.040 Rubbish in Streets $100.00 9.28.050 Rubbish in drainage ditches $100.00 9.28.060 Garbage - Burning prohibited $100.00 9.28.070 Garbage - Accumulation prohibited $100.00 9.28.090 Private disposal $100.00 9.28.100 Depositing in unauthorized place $500.00 9.28.150 Receptacles required $50.00 9.28.170 Receptacles - Refuse $50.00 9.28.200 Receptacles - Cleanliness required $25.00 9.28.220 Wrapping Garbage $50.00 9.28.230 Clear path to receptacle $50.00 Chap. 9.38* All Sections of Chap. 9.38 (Burglary and Robbery $100.00 Alarm System) Chap. 10.06 All Sections of Chap. 10.06 (Butane Resale) $500.00 Chap. 10.08 All Sections of Chap. 10.08 (Limits on Retail Sales of $500.00 Products Containing Ephedrine and Phenylpropanolamine Chap. 10.18* All Sections of Chap. 10.18 (Prohibited Activities in $100.00 Public Areas Chap. 10.19 All Sections of Chap. 10.19 (Unlawful Solicitation) $100.00 10.20.030 Time of Use of Park $50.00 10.20.040 Interference With Events $50.00 10.20.050 Failure to Exhibit Park Facilities Reservation Permit $100.00 10.20.060 Unlawful Selling or Advertising $100.00 10.20.070 Refuse $100.00 10.20.080 Smoking $100.00 10.20.090 Consumption of Alcoholic Beverages $100.00 10.20.100 Fires $250.00 10.20.120 Firearms, Air Guns, Other Weapons $250.00 10.20.130 Animals $100.00 10.20.150 Parking of Motorized vehicles $25.00 10.20.160 Prohibited Use on Trails and Sidewalks $25.00 10.20.170 Golf Restrictions $25.00 10.20.180 Sound Amplification Equipment $100.00 Chap. 10.21 All Sections of Chap. 10.21 (Certain Uses Restrict on $25.00 the Sacramento River Trail) Chap. 10.22 All Sections of Chap. 10.22 (Sound Trucks) $50.00 Chap. 10.23* All Sections of Chap. 10.23 (No -Cruise Zone Loitering) $50.00 Chap. 10.24* All Sections of Chap. 10.24 (Motorcycles - Off Highway $50.00 Motor Vehicles) Chap. 10.25* All Sections of Chap. 10.25 (Alcoholic Beverages in $100.00 Public Areas) Chap. 10.26* All Sections of Chap. 10.26 (Sacramento River Area $100.00 Regulations) 10.28.010 Injury to, or defacing of, public property $500.00 Chap. 10.30 All Sections of Chap. 10.30 (Injuring Library or Museum $500.00 and Art Center Property) 10.32.010 Willful Destruction or Removal of Public Monument $500.00 10.34.010 Injury to Lamps and Guides $500.00 10.38.010 Obstruction of Water and Stormwater Channel $250.00 Chap. 10.40 All Sections of Chap. 10.40 (Unlawful Camping) $50.00 10.50.020* Curfew Restrictions $50.00 10.50.030(A)*Daytime Loitering During School Hours $50.00 10.50.030(B)*Daytime Loitering During School Hours $50.00 10.50.030(C)*Daytime Loitering During School Hours (Parent) $100.00 Chap. 10.56 All Sections of Chap. 10.56 (Dangerous or Deadly Weapons) $500.00 10.58.010 Discharge of Firearms $250.00 10.60.010 Sale To, or Possession by Minors, of Firearms $250.00 10.70.010 Minor Use of Skateboard Without Protective Gear $50.00 10.70.020 Bicycle Prohibited in Skateboard Facility $50.00 Chap. 11.04 All Sections of Chap. 11.04 (Traffic Regulations Generally) $24.50 Chap. 11.23 All Sections of Chap. 11.23 (Cruising) $50.00 11.24.020 No Parking Zones $24.50 11.24.040 No Parking $39.50 11.24.070 Commercial Vehicle on City Street $84.50 11.24.080 Parking Passenger Zone $39.50 11.24.110 Bus Loading Zones - Parking Prohibited $24.50 11.24.120 Overtime Parking - Three -Hour Parking Zones $24.50 11.24.180 Overtime Parking - Two -Hour Parking Zones $24.50 11.24.190 Overtime Parking - One -Hour Parking Zones $24.50 11.24.200 Overtime Parking - Forty -Five Minute Parking Zones $24.50 11.24.210 Overtime Parking - Thirty Minute Parking Zones $24.50 11.24.220 Overtime Parking - Twelve Minute Parking Zones $24.50 11.24.230 Parking and Loading in Alleys $24.50 11.24.250 Total Consecutive Hours Time Limit $24.50 11.24.260 Private Areas $29.50 11.24.270 Parking on Grades $24.50 11.24.28 Prohibited on Streets Authorized for Special Purpose $24.50 11.24.300 Parking for Disabled Persons $279.50 11.24.310 Parking for Disabled Persons on Private Property $279.50 11.24.320 Parking for Law Enforcement and Fire Vehicles $24.50 11.24.330 Parking at the Redding Municipal Airport $24.50 11.28.030 Parking Space Marking $24.50 11.28.080(A) Meter Violation $24.50 11.28.080(B) Meter Violation $24.50 11.28.080(C) Meter Violation $24.50 11.28.080(D) Defacing or Injuring Parking Meter $250.00 11.28.080(E) Depositing Substitute for Lawful Money in Parking Meter $250.00 11.28.130 Hood - Violations $24.50 11.28.150 Parking Meter Zone Time Limits Designated $24.50 Chap. 11.24 & 11.28 Violations Requirement Assessment of Following Fees: Criminal Justice Facilities Construction Fund $2.50 Courthouse Construction Fund (Sunsets 2023) $2.50 State Court Facilities Construction Fund $1.50 Immediate & Critical Needs Account of the State Court $3.00 Facilities Construction Fund 11.32.010 Operation of Bicycle - Location $24.50 13.12.020 Filling Driveways and Curb Cuts $100.00 13.12.030 Barbed Wire Prohibited $50.00 13.12.040 Discharge from Water Coolers $25.00 13.12.050 Playing Ball in Streets $25.00 13.12.060 Spinning Tops on Sidewalks $25.00 13.12.070 Wheeled Devices in Posted Areas $50.00 13.12.080 Jumping from Bridges $50.00 13.16.010 Grading/Construction of Curb, Gutter and Sidewalk $250.00 Without Permit 13.20.050 Driving on Closed Streets $100.00 13.24.010 Placement of Obstruction on Public Conveyance $50.00 13.24.030 Gates Across Sidewalk $50.00 13.24.040 Storing Vehicles $50.00 13.24.050 Remaining on Crosswalks, Roundabouts and Center Medians $50.00 13.24.060* Prohibiting Sitting on Commercial Sidewalks $50.00 13.25.080 Sidewalk Dining Service of Alcohol Without Permit $100.00 13.25.110 Additional Standards for Serving Alcohol $100.00 13.32.010 Moving Building Without Permit $250.00 Chap. 13.36 All Sections of Chap. 13.36 (Wires Over Streets) $250.00 Chap. 13.40 All Sections of Chap. 13.40 (Trees and Shrubs) $100.00 14.04.030 Maintenance of Overhead Utilities When Underground $250.00 Utility District is Established 14.08.240 Tampering With Water Supply $250.00 14.08.245 Prohibition on Additives Into Water Supply $100.00 14.08.250 Supplying Water to Another Property Owner $100.00 14.08.260 Shutting off Water During Emergency $100.00 14.08.280 Drilling $250.00 14.19.050(B)*Violation of Stage 2 Water Shortage Rules $50.00 14.19.050(C)*Violation of Stage 3 Water Shortage Rules $200.00 14.19.050(D)*Violation of Stage 4 Water Shortage Rules $500.00 14.16.515 Vandalism of POTW $500.00 14.16.545 Prohibited Restaurant Wastewater Discharges $250.00 14.16.570 Failure to Notice of Discharge to POTW $250.00 14.16.575 Failure to Notice of Changed Discharge $250.00 14.16.580 Dilution as Substitute for Adequate Treatment $250.00 14.16.582 Prohibited Discharges $250.00 14.16.586 Protective Devices Preventing Accidental Discharges $250.00 14.16.588 Failure to Notice of Accidental Discharge $250.00 Chap. 14.18 All Sections of Chap. 14.18 (Storm Drainage) $250.00 Chap. 14.19 All Sections of Chap 14.19 (Stormwater Quality $250.00 Management and Discharge Control 14.22.130 Tree Removal $250.00 16.02.010 Violation of the California Building Code $250.00 16.03.010 Violation of the California Residential Code $250.00 16.04.010 Violation of the California Mechanical Code $250.00 16.05.010 Violation of the California Plumbing Code $250.00 16.06.010 Violation of the California Electrical Code $250.00 16.07.010 Violation of the California Energy Code $250.00 16.08.010 Violation of the California Green Building Standards $250.00 16.09.010 Violation of the Uniform Housing Code $250.00 Chap. 16.12 All Sections of Chap. 16.12 (Clearing, Grading $500.00 Fills and Excavation) 16.20.100 Connecting to Utilities Without Payment of Impact Fee $250.00 16.70.070 Water Waste Prevention Penalties $100.00 Title 18 All Violations of the Title 18 (Zoning) $250.00 All violations not specifically set forth herein: $100.00 Subsequent Violations Within 36 Months: Second Violation 150% Third & Subsequent Violations 200% Interest shall accrue on all delinquent fine amounts at the rate of one and one-half percent (1.5%) per month, pro rata, of the total unpaid fine amount, from the date the fine amount becomes delinquent until the date that all delinquent fine amounts are paid to the City. Legend: * Denotes that the indicated Chapter contains specific criminal penalties for subsequent offenses. Administrative or civil penalties attributable to subsequent offenses shall not exceed the fines provided in the Chapter.