sr-121410-3iCity Council Meeting: Dec 14, 2010
Agenda Item:J I
To: Mayor and City Council
From: Dean Kubani, Director Office of Sustainability and the Environment
Subject: Resolution to Update the Administrative Citation Fine Schedule
Recommended Action
Staff recommends that City Council: Adopt a Resolution to update the Administrative
Citation Schedule of Fines for violations of the Santa Monica Municipal Code.
Executive Summary
Operation of motorized leaf blowers. is prohibited within the City of Santa Monica.
Staff recommends updating the administrative citation fine amounts for violations of
the Santa Monica Municipal Code 4.08.270 regarding leaf blower operation, and
violations of Santa Monica Municipal Code 7.48.040 prohibiting sweeping litter into
street gutters, from $75 to $250 in order to achieve prompt compliance.
Background
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 first established by the Council in
2004 and periodically updated in the years after. Under the current schedule, fines
range from $75 to $1000, depending on the seriousness of the violation.
The City of Santa Monica first adopted restrictions on leaf blower operation in 1991,
and amended the code in 1995. At the September 14, 2010 Council meeting,
Council adopted amendments to the leaf blower ordinance, charging the Office of
Sustainability and the Environment (OSE) with enforcement and the ability to issue
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administrative citations for any violation of this ordinance. The City of Santa Monica
adopted restrictions on sweeping litter into gutters in 1967.
Discussion
The City's Administrative Citation program authorizes certain City enforcement
officers 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.
Staff has generally found the administrative citation process to be an effective
method to obtain compliance. Staff seeks Council authorization to increase the fine
amount for violations of Code Sections 4.04.130 and 4.04.400 from $75 to $250 as
detailed in Attachment A of the proposed Resolution. Increasing the fine amounts
will make them consistent with other landscaping and litter related fines in Santa
Monica and will help to promote prompt compliance with the code sections.
The proposed Fine Schedule has been updated for Code violations applicable to the
Leafblower Ordinance and is listed in Attachment A on page two and six of the
proposed Resolution. The propdsed Fine Schedule further corrects certain
typographical errors within the Fine Schedule relating to enforcement of the City's
noise and smoking regulations as listed in Attachment A on page two of the proposed
Resolution.
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Financial Impacts & Budget Actions
No budget changes are recommended at this time as the revenue impact of the
proposed fine revisions is uncertain. Revenue impacts, if any, will be monitored and
the corresponding revenue budget(s) will be adjusted, if necessary, in the future.
Prepared by: Russell Ackerman, Water Resources Specialist
Approved:
'~~ G ` Gr°'"" l
Dean Kubani
Director, Office of Sustainability and
the Environment
Forwarded to Council:
Rod Gould
City Manager
Attachments:
Resolution -Administrative Citation Fine Update
Attachment A -Administrative Citation Fine Schedule
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Reference Resolution No.
10550 (CCS).