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AB-556 County ordinances: violations: fines. (2017-2018)

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Date Published: 07/05/2017 09:00 PM
AB556:v94#DOCUMENT

Amended  IN  Senate  July 05, 2017
Amended  IN  Senate  June 20, 2017
Amended  IN  Assembly  May 16, 2017
Amended  IN  Assembly  April 24, 2017
Amended  IN  Assembly  March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 556


Introduced by Assembly Member Limón

February 14, 2017


An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 556, as amended, Limón. County ordinances: violations: fines.
The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year year, and $1,000 for each additional violation within one year.
This bill would increase the maximum amount of fine for violations of event permit requirements, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.
Existing law authorizes the legislative body of a local agency, as defined, to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.
This bill would instead prohibit the administrative fine or penalty for a violation that would otherwise be an infraction from exceeding the maximum fine or penalty amount established with respect to county ordinances for infractions generally, for violations of local building and safety codes, or for violations of event permit requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25132 of the Government Code is amended to read:

25132.
 (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation that is an infraction is punishable by the following:
(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 of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
(c) Notwithstanding any other provision of law, a violation of local building and safety codes that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.
(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:
(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.
(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(2) (A) For purposes of this subdivision, “violation of an event permit requirement” means either of the following: failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.

(A)(i)Failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.

(ii)

(B) For purposes of this subparagraph, paragraph, the following definitions apply:

(I)

(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event, or any other activity that results in payment for goods or services.

(II)

(ii) “Commercial benefit” means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.

(B)Failure to obtain the permit for an event resulted in a significant threat to the public health and safety.

SEC. 2.

 Section 53069.4 of the Government Code is amended to read:

53069.4.
 (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.
(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.