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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 1 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. 2 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 3 Reference Resolution No. 10550 (CCS).