sr-090809-1m~~
City of
Santa Monica®
City Council Report
City Council Meeting: September 8, 2009
Agenda Item: 1 -'~
To: Mayor and City Council
From: Jim Hone, Fire Chief
Subject: Proposed Adoption of a Resolution to Update the Administrative Citation
Fine Schedule
Recommended Action
Staff recommends that the City Council adopt a Resolution to update the Administrative
Citation Schedule of Fines for violations of the Santa Monica Municipal Code and
certain State laws (i.e. California Fire Code, California Building Code and various other
state regulations) adopted by the Santa Monica Municipal Code.
Executive Summary
The City's Administrative Citation program authorizes certain City enforcement officers
(i.e. Building Inspectors, Parking Enforcement Officer, Public Works Inspector, or Fire
Inspector) to issue administrative citations with specific fines, as an alternative to
criminal prosecution, for violations of Articles 4, 6, 7, 8, and 9 of the Santa Monica
Municipal Code, and certain State laws adopted by the Santa Monica Municipal Code.
These citations are generally issued for Code violations that are considered discreet,
transitory, or subject to relatively quick correction.
As required by Santa Monica Municipal Code section 1.90.040, the fine schedule which
outlines specific fines for specific categories of violations is established by City Council
Resolution. The current fine schedule was established by the Council in 2004. Under
the current schedule, fines range from $75 to $1000, depending on the seriousness of
the violation.
Since 2004, City enforcement officers have issued many administrative citations and
have gained substantial experience regarding the citation process. Staff has also
reviewed fines schedules from nearby Cities. Based on this experience and review,
staff now recommends updating the fine schedule in order to better match the amount
of fine to the type and severity of the violation at issue, in order to achieve prompt
compliance with the Municipal Code.
1
All Fine Schedule listings for every City Department must be included in Attachment A
to properly authorize the updated listings. The proposed Fine Schedule has been
updated only for Code violations applicable to the Fire Department located and listed in
Attachment A on pages 11 through 18.
Background
Santa Monica Municipal Code Chapter 1.09 authorizes the issuance of administrative
citations. An administrative citation is designed to be a speedy and efficient method of
obtaining compliance on Code violations that are discreet, transitory, or subject to
relatively quick correction. Examples of the typical Code violations that would be
subject to administrative citations include after hours construction, posting illegal signs
on the public right of way and illegally parking cars on lawns.
The amount of the fine for any particular violation is set forth in the schedule of fines
established by City Couhcil Resolution, which was last updated on February 10, 2004.
Under the 2004 Resolution, the fine amount ranges from $75.00 to $1,000.00
depending on the severity of the violation and the impact the violation would have on
public health and safety. The $75 fine is considered a standard fine amount, when no
specific category is identified in the Schedule of Fines. The current Schedule of Fines
also lists specific categories of violations and assigns higher fine amounts to those
violations.
Since 2004, City enforcement officers, including staff from Fire, Public Works and Code
Enforcement, have gained substantial experience in the issuance of chapter 1.09
administrative citations. Staff has generally found the citation process to be an effective
method to obtain compliance on numerous violations.
However, through experience, staff has identified areas where the current citation
amount is insufficient to bring about compliance. Accordingly, staff now returns to
Council to seek authorization to increase certain fine amounts as detailed in the
attached proposed Resolution. Staff does not request to change the $75 standard fine
amount.
2
In requesting the fine amount increases, staff has also reviewed the fine amounts set by
other cities; Staff has determined that the existing fine amount for many of the listed
violations is below the average of what other cities impose. Accordingly, the proposed
Schedule of Fines brings the fine amounts in line with what is currently being imposed
by other cities.
Attachment A of the proposed Resolution demonstrates only the proposed fine amount
changes applicable to the Fire Department located and listed on pages 11 through 18.
Financial Impacts & Budget Actions
The FY2009-10 budget for administrative citation revenue is $95,000. No budget
changes are recommended at this time as the revenue impact of the proposed fine
revisions is uncertain. While many fine rates will increase, increased compliance may
offset potential revenue increases. Revenue impacts, if any, will be monitored and the
revenue budget will be adjusted, if necessary, in the future.
Prepared by:
Jim Glew, Fire Marshal
Forwarded to Council:
U
3
Approved:
Reference Resolution No.
10425 (CCS).