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sr-071012-7bCity Council Meeting: July 10, 2012 Agenda Item: 713 To: Mayor and City Council From: Gigi Decavalles- Hughes, Director or Finance David Martin, Planning and Community Development Director Subject: Introduction and First Reading of Ordinance to Amend the Administrative Citation Hearing Procedures for Administrative Hearings, Taxicab Rule Violation Hearing Procedures, and Resolution to Update the Administrative Citation Schedule to Add the Schedule of Fines for Violation of Taxicab Rules and Regulations Recommended Action Staff recommends that the City Council: 1) Introduce for first reading an ordinance amending Sections 6.16.030 and 6.49.150 of the Santa Monica Municipal Code, and 2) Adopt a Resolution to update the Administrative Citation Schedule of Fines to add the Schedule of Fines for Taxicab Rules and Regulations Executive Summary Effective February 1, 2012, enforcement responsibilities for taxicab rules and regulations were transferred from the Santa Monica Police Department to the Code Compliance Division. Since assuming these responsibilities, Code Compliance has been addressing specific enforcement issues related to bandit taxicabs operating illegally in Santa Monica, demand for kickbacks for access to customers, and general taxicab driver conduct and vehicle maintenance. To facilitate these new responsibilities, staff has identified several key areas to change. To streamline the administrative citation and hearing process, staff is recommending that the hearing procedure for violations of taxicab rules and regulations conform to the same hearing procedure for administrative citations outlined in Chapter 1.14 of the Santa Monica Municipal Code. To facilitate due process, staff is recommending that the taxicab company be deemed a "Responsible Party" when issued a fine in connection with a taxicab driver rule violation citation, providing it with the right to appeal, and that Code Compliance Officers be provided with discretion as to whether or not, when issuing a taxicab driver violation, the taxicab company should also be subjected to a penalty. 1 To address the scheduling challenges faced by staff when the City assigns a request for a hearing to a California Office of Administrative Hearings (OAH) Hearing Examiner to review an appeal involving the denial, suspension, or revocation of a permit or license, staff is recommending that the code be modified to allow for the hearings to be scheduled in a manner that is consistent with OAH's calendar availability and to not deprive the Hearing Examiner of jurisdiction to conduct the hearing or render a binding decision should specific time limits not be met. Background The City's taxicab franchise system was established by Council in November 2010 and has been in place since January 2011. When the system was established, enforcement of the Taxicab Rules ( "Rules ") was the primary responsibility of a Motor Officer of the Santa Monica Police Department ( "SMPD ") Traffic Services Division, as it had been historically prior to the establishment of the franchise program. As part of the City -wide traffic safety campaign, SMPD was directed to unencumber Motor Officers from handling non - field- enforcement responsibilities. In response, the Code Compliance Division ( "Code Compliance ") began assuming responsibility for enforcement for most aspects of the Rules. In April 2002, Council approved staff's recommendation to modify the Santa Monica Municipal Code to strengthen and enhance the City's code enforcement. These measures were taken to protect residents' quality of life, preserve public safety, effectuate the community's aesthetic values, and promote the City's continued economic success. The recommendations outlined in this staff recommendation seek to continue enhancements in this area and to provide taxicab drivers and companies with an equitable and consistent enforcement program. Administrative Citations and Hearings for Violation of the SMMC California law specifically authorizes cities to impose administrative fines or penalties for municipal code violations. See Government Code Section 53069.4. Moreover, charter cities, like Santa Monica, possess the inherent power to impose such fines even without state law authorization. 2 Santa Monica Municipal Code ( "SMMC ") Chapter 1.09 authorizes the issuance of administrative citations. This process has been used as an alternative to criminal prosecution for violations of Articles 4, 6, 7, 8, and 9 of the SMMC that are transitory and relatively minor. Any person receiving an administrative citation may appeal by requesting an administrative hearing review of the citation in accordance with Chapter 1.14 of the SMMC. An administrative hearing provides an opportunity for the "Responsible Party" (defined by the SMMC as "any person, business, company or entity, and the parent or legal guardian of any person under the age of eighteen years, who has done any act for which an administrative citation may be imposed ") affected by a City decision or action to fully present his /her position and /or objections to a neutral arbiter (i.e. internal or external hearing officer). Administrative Citations and Hearings for Violation of the Taxicab Rules Chapter 6.49 of the SMMC governs the issuance of a citation for violation of a taxicab rule and the hearing process for appealing such a citation. The Rules include areas that apply specifically to drivers as well as areas that apply specifically to the taxicab companies. Any person or company issued a violation for a taxicab rule violation may appeal the citation by requesting a hearing in accordance with Section 6.49.150 of the SMMC In such cases where a driver is issued a citation for violation of a taxicab rule, the taxicab company is also issued a fine. However, in accordance with Section 6.49.150 (i) of the SMMC, the taxicab company is issued an invoice for the fine imposed on it for a violation by a taxicab driver. It is not issued a citation since it did not commit the violation; therefore, the taxicab company is not provided with hearing rights to appeal the fine for which it is responsible. 3 The procedures for issuing taxicab rule violations and administering hearings are different from the administrative citation and hearing procedures outlined in Chapters 1.09 and 1.14 described above. This is explained in more detail in the chart provided below in the discussion section. California Office of Administrative Hearings - Hearing Examiners Council has adopted various ordinances that permit professional hearing officers or hearing examiners to be hired, when the need arises, to preside over the administrative hearings to appeal various decisions or actions taken by City staff, including administrative citations, taxicab rule violations, and the denial, revocation, or suspension of a permit or license. On July 26, 2011, the Council authorized the City Manager to negotiate and execute an agreement with the California Office of Administrative Hearings ( "OAH ") to provide administrative hearing services to the City on an as- needed basis for complex cases. These services are provided by an OAH Hearing Examiner. City Attorney staff have identified scheduling conflicts in the administration of hearings when an OAH Hearing Examiner is utilized. These conflicts can delay the process and inadvertently cause time limits established by the SMMC to not be met, specifically for appeal hearings to review the denial, suspension, or revocation of a permit or license. Discussion With the transfer of taxicab enforcement responsibility to Code Compliance, staff has recognized a clear need to streamline how citations are issued by Code Compliance Officers to eliminate confusion and inconsistencies between the different administrative hearing procedures for administrative citations provided for under Chapter 1.09 and taxicab rule violation citation procedures provided for in Chapter 6.49. To address this issue, staff recommends applying the provisions of Chapter 1.09 to the administration of taxicab rule violations and hearings. This change would allow Code 4 Compliance Officers to begin following the same protocols when issuing citations for taxicab violations as it currently follows for administrative citations. The change would also allow staff to administer all requests for hearings to appeal a citation in the same manner. The Finance Department staff would continue to administer and retain oversight of enforcement of the Taxicab Franchisee Terms & Conditions, and in accordance with Sections 6.49.070 and 6.49.130 of the SMMC, SMPD would maintain responsibility for conducting background checks on taxicab drivers prior to issuance of a taxicab driver permit. Police Officers also would continue to serve as the administrative hearing officers when a taxicab driver or company appeals a violation, however, they would no longer be responsible for receiving the hearing requests and scheduling the hearings. Under the current system, Code Compliance Officers are required to maintain two separate citation books, and depending on whether or not the citation is issued for a violation of the municipal code (i.e. "Administrative Citation ") or for a taxicab rule violation, violators are required to follow separate hearing procedures which are each governed by different sections of the Code: Chapter 1.09 for administrative citation hearings and Chapter 6.49 for taxicab rule violation hearings. For example, as noted in the chart below, hearing requests for Administrative Citations are submitted to the City Clerk's office, while a hearing request for a taxicab rule violation is submitted to SMPD. Another example is the number of days the City has to conduct the hearing from the date a hearing request is submitted. In the case of an Administrative Citation, a hearing must be conducted at least five days but not more than 30 days from the date the hearing was requested. However, for a taxicab rule violation, the hearing must be conducted at least seven days but not more than 21 days from the date the hearing was requested. The following chart provides an overview of the differences between the two types of citations and hearings: 5 Deadlines /Provisions Administrative Taxicab Rule Citations Violations Chapter 1.09 Chapter 6.49 Division that Coordinates Hearing Code Compliance Traffic Services Deadline for Payment of Fines Officer Discretion 21 days Number of Days to Request an Appeal 30 days 21 days Hearing Department to which Hearing Requests City Clerk Police Department Submitted Advance Deposit of Fine Required Yes Yes When Requesting a Hearing Advance Deposit Hardship Waiver Yes No Allowed Number of Days City has to Conduct a At least 5 days but At least 7 days but Hearing Date from the Date a Hearing Not More than 30 Not More than 21 was Requested days days Number of Days of Advance Notice At least 5 days prior At least 5 days prior Required for Hearing Paper Review Provisions Allowed In Yes No Lieu of Attending a Hearing Number of Days the Written Decision by 30 days 14 days Hearing Officer is Due Continuance of Hearing by Hearing Yes Yes Officer Allowed Division /Department that Collects the Code Compliance Finance Fine Payments Adopting the Administrative Citation provisions set out in Chapter 1.09 for Taxicab Rule violations and hearings would create a consistent citation and hearing process for Code Compliance Officers, and reduce confusion for other City departments and the public. 0 The SMPD supports streamlining the citation and hearing process, specifically because it releases field personnel to focus on public safety and provides a clear separation between enforcement of taxicab rules and .regulations allowing the Police Department to perform a more impartial administrative review when officers serve as hearing officers, since the department is no longer involved in direct enforcement or would be directly involved in the coordination of the hearings. Penalty Schedule Council adopted a taxicab penalty schedule specifically to address taxicab violations, and staff recommends retaining it to address the particular challenges of taxicab enforcement. For example, the schedule of fines for violation by a taxicab driver of the Rules includes a fine for both the driver and the taxicab company. The schedule also includes fines for customer service and public safety related violations related to the treatment of passengers and the maintenance of taxicab vehicles respectively. Adopting the provisions of Chapter 1.09 of the SMMC for taxicab rule violations is best accomplished by also combining the Schedule of Fines for Taxicab Rule Violations with the Administrative Citation Schedule of Fines. Due Process and Franchisee Fines for Driver Violations Although it is necessary to provide a provision that holds the company responsible for the conduct of drivers through the issuance of a fine for a Rule violation by a driver, in some cases a fine may not be appropriate, depending on the specific circumstances of the violation and if the company cooperated with an investigation. Therefore, staff seeks to provide the Code Compliance Officer with discretion as to whether or not, when issuing a taxicab driver violation, the company should also be subjected to a penalty. Additionally, as discussed above, when a taxicab company is issued a fine for the violation of a taxicab rule by a driver, the taxicab company is not provided with hearing rights. Only the driver is provided with the right to request a hearing in such cases. A company may only request a hearing to appeal a citation if the violation was issued to 7 the company for a specific company violation. Staff seeks to remedy this by deeming the taxicab company a "Responsible Party ", as defined earlier,'thus providing it with all of the appeal rights outlined in Chapter 1.09. Office of Administrative Hearings — Hearing Examiners Staff has identified scheduling conflicts in the administration of hearings when an OAH Hearing Examiner is utilized. These conflicts can delay the process and inadvertently cause time limits established by the SMMC to not be met. For example, Section 6.16.030 requires the Hearing Examiner to hold a hearing not later than sixty days following receipt of the request by the City Clerk and that the applicant be given no less than five days' notice of the time and place of said hearing. To address the scheduling challenges faced by staff when the City assigns a request for a hearing to an OAH Hearing Examiner to review an appeal involving the denial, suspension, or revocation of a permit or license, staff is recommending that the Section 6.16.030 of the SMMC be modified to allow for the hearings to be scheduled in a manner that is consistent with OAH's calendar availability and to not deprive the Hearing Examiner of jurisdiction to conduct the hearing or render a binding decision should specific time limits not be met. Conclusion Applying the provisions of existing administrative citations and hearings outlined in Chapter 1.09 to taxicab rule violations provides consistency for enforcement officers and the public. Providing Code Compliance Officers with discretion as to whether or not, when issuing a taxicab driver violation, the taxicab company should also be subjected to a penalty, and providing due process rights to the taxicab companies when they are subject to such a penalty creates fairness in the process to seek compliance. Alternatives As an alternative to the staff recommendations, Council could consider maintaining the existing taxicab rule violation citation and hearing procedures. Staff does not L recommend this action because the current system is inefficient and does not promote an equitable and consistent enforcement program for the City. Financial Impacts & Budget Actions There is no immediate budget/financial impact to the policy decision. Prepared by: Salvador M. Valles, Business & Revenue Operations Manager Joe Trujillo, Codes Compliance Manager David Martin, Director Planning and Community Development Attachments: Forwarded to Council: Rod Gould City Manager A. Ordinance — Amend the Administrative Citation Hearing Procedures for Administrative Hearings, Taxicab Rule Violation Hearing Procedures B. Resolution - Updating the Administrative Citation Schedule to Add the Schedule of Fines for Violation of Taxicab Rules and Regulations 9 City Council Meeting 07 -10 -2012 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.49 REGARDING TAXICABS AND SANTA MONICA MUNICIPAL CODE SECTION 6.16.030 REGARDING THE HEARING PROCEDURE FOR ADMINISTRATIVE APPEALS WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS), establishing a taxicab franchise system in order to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with the City's previous open -entry regulated taxicab environment; and WHEREAS, Section 6.16.030 of the Santa Monica Municipal Code sets forth the hearing procedure for administrative appeals; WHEREAS, Section 6.49.150 of the Santa Monica Municipal Code sets forth the hearing procedures and penalties for violations of taxicab rules and regulations, to be administered by the Police Department; and WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code sets forth the administrative citation procedures for issuing citations and administering hearings; and WHEREAS, the Code Compliance Division has assumed responsibility for the enforcement of taxicab rules and regulations; and 1 WHEREAS, the City strives to establish a clear, fair, effective and administratively efficient system for regulating taxicabs and for providing administrative hearings; and WHEREAS, in order to eliminate confusion and inconsistencies between different administrative hearing procedures in the City and to improve administrative efficiency and facilitate due process, the City desires to apply the provisions of Chapter 1.09 to the administration of taxicab rule violations and hearings, and to clarify the provisions of Section 6.16.030; THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6,16.030 of Chapter 6.16 of Article VI of the Santa Monica Municipal Code is hereby amended to read as follows: 6.16.030 Appeal procedure. (a) The Hearing Examiner shall be the City Manager or designee. The Hearing Examiner shall not have had any prior direct involvement with the matter pending before him or her. If no City staff is capable of conducting the hearing, then the City shall contract with the California Office of Administrative Hearings (OAH„) to conduct the hearing. (b) Standards. The Hearing Examiner may suspend, revoke or deny a license or permit whenever, in the reasonable judgment of the Hearing Examiner, the suspension, revocation or denial is in accordance with any applicable law. (c) Hearing Request. Any person aggrieved by an action appealable to a Hearing Examiner shall be entitled to a hearing upon filing a written request therefor with the City 2 Clerk not later than the tenth day following the mailing of a notice of the action from which the appeal is taken. (d) Hearing. The Hearing Examiner shall hold a hearing not later than sixty days following receipt of the request by the City Clerk, unless an extension of the time is granted by the Hearing Examiner, upon a finding of good cause. If the hearing is to be conducted by OAH, it shall be scheduled as soon as practicable, consistent with OAH's calendar availability. The applicant shall be given no less than five days' notice of the time and place of said hearing. The hearing shall be open to the public. Any interested party is entitled to be heard and may be represented by counsel. Any failure to comply with the time limits set forth in this subsection (d) does not deprive the Hearing Examiner of iurisdiction to conduct the hearing or render a binding decision. (de) Decision of Hearing Examiner. The decision of the Hearing Examiner shall be made promptly after the conclusion of the hearing. Notice of the decision shall be mailed to the applicant at his or her last known mailing address. (eO Stay Pending Hearing. The suspension or revocation of any permit or license for which a request for review has been timely filed under this Section, shall be stayed pending decision of the Hearing Examiner. Nothing in this subsection shall be construed to require any officer or employee of the City to issue any permit or license. (fg) Review of Hearing Examiner's Decision. The stay expires ten days after the Hearing Examiner issues the decision. The Hearing Examiner's decision in all cases is final 3 except for judicial review. Such review must be sought by petition under Code of Civil Procedure Section 1094.5, not later than ninety days after the decision is issued. SECTION 2. Section 6.49.110 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) No taxicab shall be operated within the City unless it is equipped with a taximeter that is of a type and design approved by the California Department of Agriculture and that has been inspected and certified by the Los Angeles County Agricultural Commissioner/Weights and Measures. Every taxicab franchisee and driver using any taximeter shall at all times keep such meter accurate and in conformity with requirements of the California Department of Agriculture. (b) Taximeters are subject to inspection at any time by any police officer of the City or any other authorized inspector. Any vehicle equipped with an inaccurate taximeter is subject to impound until said taximeter shall have been correctly adjusted, inspected, and certified by the Los Angeles County Agricultural Commissioner/Weights and Measures. (c) Taximeters shall be placed so that the reading dial displaying the amount to be charged is well lighted and readily discernible by passengers. (d) All rates to be charged for transportation by taxicabs, including both flat and mileage rates, must be approved by resolution of City Council. The PGIiGe De„artrn8 t rna., (e) All charges shall be based on taximeters at rates established by the City, and no person shall charge, collect, demand, receive, or arrange for any compensation for taxicab service an amount that exceeds the charges or rates. established and authorized by the City. (f) Except where a flat rate is applicable, it shall be unlawful for a taxicab driver to do any of the following: (1) Set the taximeter in operation when such vehicle is not actually hired; (2) Fail to set the taximeter to a non - recording position at the termination of each and every service or call the attention of the passenger to the amount registered; (3) Fail to activate the taximeter while carrying passengers or under hire; or (4) Activate or operate the taximeter so as to denote a rate of fare different from that authorized pursuant to this Chapter. (g) No driver of any taxicab upon receiving payment of a fare thereon shall refuse to give a receipt upon the request of any passenger making said payment. SECTION 3. Section 6.49.130 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: (a) Every taxicab driver and franchisee shall ensure that a taxicab identification .decal is displayed in each taxicab at all times. Such decal shall be issued and affixed by the PGIiGe nepartme„+ City to a specific area on the assigned taxicab as designated by the ■_ (b) No person shall operate a taxicab without a current taxicab identification decal for that specific vehicle. 6". (c) No taxicab identification decal issued shall be in any manner transferred or assigned. Any decal that is transferred, assigned, or otherwise conveyed or stolen shall be automatically revoked. (d) No applicant may be issued a taxicab identification decal until that applicant has paid all applicable fees and all of his, her or its outstanding parking citations, including all civil penalties and related fees. SECTION 3. Section 6.49.150 of Chapter 6.49 of Article VI of the Santa Monica Municipal Code is hereby amended as follows: 6.49.150 Hearing ^ ^^ ^a•"^ a44 ^Penalties for violations of rules and regulations. Any person vielating who violates a rule or regulation adopted pursuant to Section 6.49.020 shall be may be subject to an administrative citation pursuant to Chapter 1.09 of this Code. A taxicab franchisee shall be responsible for the violation of a rule or regulation by a taxicab driver operating under that franchisee, and shall be deemed a Responsible Party within the meaning of Section 1.09.020 of this Code. s bjeGt to the f^"^,^,,.,^; R to have been by brief deSGription the alleged violated, aGGOMpanied a of alleged violations; the the fpne to be deSGFiptmGn amount of and/or number of penalty points assessed; a Gf fine iRGluding the time the te the fiRe payment PFGGess, within whiGh and plaGe whiGh he order nrnh'h't'no the sentin at'n .. of the listed paid; an repeated the netine of . nlat'e he obtained; the nrl ature of the nit'., may onforoement o#ioer. /h1 AnnliGaMle Penalties - and name sig (1) Fine for Violations nr r adented by Taxicab Drivers. Any taXiGab driverwho a rule to Cer.tir-n 6-49.020 shall he s „hies+ to a violates fine nd the ulatien pursuant taXiGab fFanGhisee the taX-'Gab driver be to fine. undeF M\ Fines and Penalty whiGh Points for operates shall a!SG subjeGt \ /ialatiens her Tavinah Franr.Misees a Any to fine The arne- rots of the fines for.dnlations of subjeGt a and assessed (3) Amount of Finns penalty and Penalty points. Points 7 • - ►l1AHlZTS�T 0 ii I� 0 9 .. .. - �• - - - - NIZ IT - 9 .. .. 9 �rrxrsztrrsaTrsrsr_ r.' nnrmr_ rsirsrr. �etnsrs���rm�r ..rrrsr.�aaaesr_�strr..r_*s�a SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. iU: SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: i MA SHE ONES NOUTRIE Cit rn y 11 City Council Meeting 07 -10 -12 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICPAL CODE WHEREAS, on May 15, 2002, the City Council adopted Ordinance Number 2043 (CCS) amending Chapter 1 of the Santa Monica Municipal Code relating to code enforcement; and WHEREAS, this ordinance added Chapter 1.09 to the Municipal Code, which authorizes the imposition of fines for certain code violations through the issuance of administrative citations; and WHEREAS, Section 1.09.040 states that the amount of fines for code violations imposed pursuant to Chapter 1.09 shall be set forth in a schedule of fines established by resolution of the City Council and that the fine schedule shall specify any increased fines for repeat violations of the same code provision by the same person within thirty - six (36) months from the date of an administrative citation and specify the amount of any late payment charges imposed for the payment of a fine after thirty (30) days from the date of issuance of the administrative citation; and WHEREAS, the City Council last revised the Administrative Citation Schedule of Fines on December 13, 2011, by adopting Resolution Number 10640 (CCS); and E WHEREAS, the City Council last revised the Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations on January 24, 2012, by adopting. Resolution Number 10653 (CCS); and WHEREAS, effective code enforcement is vital to effectuating the City's commitment to protecting its residents', businesses' and visitors' health, safety, welfare, and quality of life; and WHEREAS, effective enforcement of regulations governing vehicles for hire and taxicabs is a critical component of the City's commitment to assure reliable, safe, quality taxicab services in the City and to eliminate undue congestion and air pollution, disorganization and hazards associated with an unregulated taxicab environment; and WHEREAS, it is necessary to adopt this Resolution to revise the Administrative Citation Schedule of Fines in order to enhance code enforcement efforts and to better meet the City's commitments to the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount for a first violation of the Santa Monica Municipal Code by a person shall be Seventy -Five Dollars ($75.00). SECTION 2. REPEAT VIOLATIONS: The administrative citation fine amount for a second violation of the same Code provision by the same responsible party within thirty -six (36) months from the date of an administrative citation shall equal one hundred twenty -five percent (125 %) of the fine amount listed in this Resolution for a first violation K of that Municipal Code section at the time of the second violation. The administrative citation amount for a third and any subsequent violation of the same Code provision by the same responsible party within thirty -six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150 %) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation. SECTION 3. LATE PAYMENT CHARGES: Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10 %) of the administrative citation fine amount due to the City, or ten percent (10 %) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City. SECTION 4. NON - STANDARD FINES: The specific administrative citation fine amounts applicable to each associated Santa Monica Municipal Code section or its successor legislation, or rule or regulation, as set forth in Attachments 1 and 2, are hereby established for any first violation. SECTION 5. Resolution Number 10653 (CCS), Resolution Number 10640 (CCS), and any other resolution adopting, amending, or relating to the administrative 3 citation schedule of fines for certain violations of the Santa Monica Municipal Code authorized by Chapter 1.09, is hereby repealed in its entirety. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect. APPROVED AS TO FORM: MAR HA JO S MOUT IE City Attorney ATTACHMENT 1: Administrative Citation Fine Schedule ATTACHMENT 2: Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations rd Attachment 1— Administrative Citation Fine Schedule Ckde _ section „ Vialatan OesenptionsJ Pine; SMMC 4.04.070 Permit required to keep certain animals $500 SMMC 4.04.080 Restrictions on keeping horses, mules, burros, orjacks $100 SMMC 4.04.090 Fowls, maximum number permitted $100 SMMC 4.04.100 Permit required to keep hogs, bulls, or billy goats $100 SMMC 4.04.110 Restrictions on keeping cow or goats $100 SMMC 4.04.120 Staking certain unfenced animals prohibited $100 SMMC 4.04.130 Keeping bees prohibited $100 SMMC 4.04.140 Conditional permit requirements for certain animals $100 SMMC 4.04.150 Animals at -large $100 SMMC 4.04.160 Dogs prohibited on schools, beaches and parks $100 SMMC 4.04.170 Licensing of dogs required - $100 SMMC 4.04.200 Dog kennels, business license required $500 SMMC 4.04.210 Non- residents, dog license requirements $100 SMMC 4.04.230 Found animals, duty to surrender $100 SMMC 4.04.270 Sufficient sustenance and shelter required $150 SMMC 4.04.290 Quarantined animal, containment required $1,000 SMMC 4.04.300 Dogs, rabies vaccine required $250 SMMC 4.04.330 Veterinarians, duties of persons vaccinating dogs $250 SMMC 4.04.340 Dogs, rabies tag required $100 SMMC 4.04.350 Imported dogs, regulations $100 SMMC 4.04.360 Impounded dogs, proof of rabies required $100 SMMC 4.04.370 Dogs, public nuisance /fecal matter $100 SMMC 4.04.385 Dogs in public, duty of person to possess clean -up materials $100 ,:Code Sectod Viol tror� 1}escGtpt�on(s� Flna SMMC 4 04.410 Vicious dogs, restrictions $1,000 SMMC 4.08.270 Restrictions on leafblower operation $250 SMMC 4.12.060 Exterior Noise Standards $250 SMMC 4.12.070 Excessive Vibration $250 SMMC 4.12.090 Noisy Animals $250 SMMC 4.12.100 Public parks, beaches or recreational facilities restrictions $250 SMMC 4.12.110 Demolition, excavation, grading, spray painting, construction, maintenance or repair of building activity -hours &noise limits $250 SMMC 4.12.120 Failure to Post Construction Hours Sign $250 SMMC 4.12.150 Business Support Operations $250 SMMC 4.12.160 Interference with Enforcement $500 SMMC 4.12.180 Gardening /Landscaping Activities -Hours of Operation $250 SMMC 4.44.010 Smoking in Elevator or Public Restroom $500 SMMC 4.44.020 Smoking in public places, work places, and restaurants $500 SMMC 4.44.030 Sale of tobacco by vending machine or out of package $750 SMMC 4.68.040 Failure to Obtain Community Events Permit $250 SMMC 5.04.240 Dogs, Cats or Animals in Eating Places $100 SMMC 5.08.060 Unapproved Use of Privy (Port -a- potty) $100 SMMC 5.08.070 Failure to Clean Adjacent Sidewalk $250 SMMC 5.08.080 Failure to Maintain Clean Premises $500 SMMC 5.08.090 Failure to Properly Store Fertilizer $100 SMMC 5.08.100 Excessive manure /fertilizer as defined Near Residential $250 SMMC 5.08.110 Offensive Substance on Public Property $500 SMMC 5.08.140 Removal /Destruction of Building Officer's Posted Notice $500 SMMC 5.08.170 Unauthorized Refuse Containers in the Public Way $250 SMMC 5.08.330 Obstruction of Water Meter /Gate Valves $250 d� Sect�{iRM, UI�Iataatft�escY�ptroaxj Fine„ SMMC 5.08.340 Unauthorized Private Dumping Ground $500 SMMC 5.08.370 Failure to Comply with County Health Department Standards $500 SMMC 5.08.380 Refuse Collection During Prohibited Hours $250 SMMC 5.20.040 Prohibited Discharge Standards $1,000 SMMC 5.20.050 Specific Pollutant Limitations $1,000 SMMC 5.20.070 Pretreatment Facilities $1,000 SMMC 5.20.080 Additional Pretreatment Measures $1,000 SMMC 5.20.090 Spill Prevention Plans $1,000 SMMC 5.20.100 Good Housekeeping Provision $1,000 SMMC 5.20.110 Requirements for Restaurants and other Commercial Cooking $1,000 SMMC 5.20.310 Periodic Compliance Reports $1,000 SMMC 5.20.320 Report of Changed Conditions $1,000 SMMC 5.20.330 Reports of Potential Problems /Slug control Plans $1,000 SMMC 5.20.370 Monitoring and Sampling Pre - notification $1,000 SMMC 5.20.390 Sample Collection $1,000 SMMC 5.20.400 Analytical Requirements $1,000 SMMC 5.20.420 Falsifying Information $1,000 SMMC 5.20.430 Inspection and Sampling $1,000 SMMC 5.20.440 Monitoring Facilities $1,000 SMMC 6.04.020 Operating Business without Proper City License $500 SMMC 6.04.270 Failure to Post Business License $250 SMMC 6.14.060 Service Business Activities Requiring Police Permits $500 SMMC 6.28.030 News rack - Operating and Maintenance Requirements $250 SMMC 6.28.030 News rack Without Permit $500 SMMC 6.28.040 News rack - Maintenance and Installation Standards $250 : tad �tiotti, Ufolationi?escnp �on(sj _ -.... _,n SMMC 6 28.050 News rack - Standards for Materials Sold $500 SMMC 6.32.070 Soliciting Trade on Sidewalk $500 SMMC 6.46.020 Failure to Obtain Permit for Liquidation Sale $500 SMMC 6.46.100 Liquidation Sale - Failure to Post Permit $250 SMMC 6.48.030 Vehicle for Hire - Business license required $500 SMMC 6.48.040 Vehicle for Hire — Compulsory Insurance Coverage $1,000 SMMC 6.48.050 Vehicle for Hire — Driving of Vehicles $250 SMMC 6.48.060 Vehicle for Hire - Direct Route $500 SMMC 6.48.065 Vehicle for Hire - Compensation for Access to Passengers $500 SMMC 6.49.020 Taxicabs -Rules and Regulations $250 SMMC 6.49.040 (b) Taxicabs - Franchise Required $1,000 SMMC 6.49.040 (i)(1) Taxicabs - Fees - Annual Franchise Fees $1000 SMMC 6.49.040 (i)(2) Taxicabs - Fees - Annual Taxicab Vehicle Permit Fees $500 SMMC 6.49.040(8) Taxicab- Taxicab Vehicle Permit Required $500 SMMC 6.49.040(h) Taxicab - Taxicab Driver's Permit Required $500 SMMC 6.49.050(c) Taxicab -Effect of Suspension or Revocation $1000 SMMC 6.49.060 Taxicabs- Unauthorized Taxicab Services Prohibited $1,000 SMMC 6.49.080 Taxicabs- Taxicabs Identification and Vehicle Operating Requirements $500 SMMC 6.49.090 Taxicabs- Parking of Vehicles; Stands $250 SMMC 6.49.095 Vehicle for Hire — Access to Passengers on Business Premises $500 SMMC 6.49.100 Taxicabs - Taxicab Signs $500 SMMC 6.49.110 Taxicabs - Taximeters and Rates $1,000 SMMC 6.49.120 Taxicabs -Full Use of Taxicab $500 SMMC 6.49.130 Taxicabs - Taxicab Identification Decal Required $500 SMMC 6.116.040 Unauthorized Display on Municipal Pier $250 made Section i/io7ation Bescriphon(s Ftr7e SMMC 6.120.030 Valet Parking without Permit $500 SMMC 6.120.060 Valet Parking- Operating Requirements $250 SMMC 6.120.070 Valet Parking- Penalties $250 SMMC 6.120.090 Valet Parking: Insurance Requirements $250 SMMC 6.120.110 Valet Parking - Regulations $250 SMMC 6.120.120 Authorized Valet Parking Zones $250 SMMC 6.120.130 Valet Parking: Conformance with Applicable Laws $250 SMMC 6.120.140 Valet Parking- Conditions Imposed on Permit $250 SMMC 6.120.150 Valet Parking- Requirements for Downtown Valets $250 SMMC 7.04.010 Excavation in The Public Way Without Permit $500 SMMC 7.04.100 Location of Excavations $500 SMMC 7.04.160 Excavation in Public Way - Vehicle /Pedestrian Access $250 SMMC 7.04.210 Regulations for Resurfacing Work in Public Way $250 SMMC 7.04.230 Excavation in Public Way - Vehicle Crossing $250 SMMC 7.04.240 Excavation in the Public Way -Per Plat /Application $250 SMMC 7.04.240 Excavation in the Public Way -Due Diligence $500 SMMC 7.04.490 Connection of Sewer Without Permit $500 SMMC 7.04.650 Sewage from Vehicle into Sewer System Without Permit $500 SMMC 7.04.670 Materials /Equipment in Public Way Without Permit $500 SMMC 7.04.700 Revocation of Permits -Work to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials /Equipment in Public Way $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public Way $250 SMMC 7.04.730 Regulations for Building Material Deposits and Cranes $250 SMMC 7.04.740 Mixing /Storing Cementitious Materials On /Near Street $250 SMMC 7.04.750 Failure to Post Street Use Permit - $250 =Cp�e Se t�ocf �7JSkiionbegcription( ne = SMMC 7.04.760 Construction Debris in Public Way $500 SMMC 7.10.040 Urban Runoff Pollution Control Practices -All Properties $500 SMMC 7.10.050 Urban Runoff Reduction Requirements $500 SMMC 7.10.060 Urban Runoff Requirements for Construction Sites $500 SMMC 7.12.060 Temporary Water Service Without Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City Water $500 SMMC 7.16.020 Excessive Water Use $250 SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building /Structure on City Street Without Permit $500 SMMC 7.40.110 Planting of Tree in Parkway Without Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 . SMMC 7.40.110 Injure /Interfere With City Tree -No Replacement Required $500 SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure /Interfere With City Tree - Replacement Required $1,000 SMMC 7.40.130 Interference with City Tree Administration $500 SMMC 7.40.140 Intentional Damage to City Tree $1,000 SMMC 7.40.150 Unauthorized Attachment to City Tree $100 SMMC 7.40.160 Protection of Trees During Construction /Demolition $500 SMMC 7.44.020 Maintain Premises Free of Weeds $250 SMMC 7.48.020 Litter in Public Places $250 SMMC 7.48.040 Sweeping litter into gutters $250 SMMC 7.48.050 Property Owner to Keep Adjacent Public Way Free of Litter $250 SMMC 7.48.060 Litter on Private Property $250 SMMC 7.48.070 Owner to Maintain Premises Free of Litter - $250 10 _Code, v Seetaori Violatron Aesrtpiun�5) � Fine .- SMMC 8.04.010 Failure to Maintain - Technical Codes $500 SMMC 8.08.030 Continuing Use after Order to Discontinue Use $1,000 SMMC 8.08.050 Construction Work Without Permit $500 SMMC 8.08.070 Construction Work with Expired Permit $500 SMMC 8.08.100 Failure to Provide Special Inspection as Required $1,000 SMMC 8.08.110 Installation of Work from Unapproved Fabricator $500 SMMC 8.08.120 Failure to Provide Structural Observation as Required $1,000 SMMC 8.08.130 Occupancy Prior to Issuance of Certificate of Occupancy/ Final Inspection Approval $500 SMMC .8.08.160 Connection to Utilities Without Approval $500 SMMC 8.08.160 Reconnecting Utilities after Order to Disconnect $1,000 SMMC 8.08.170 Sandblasting Regulations - General $500 SMMC 8.08.170 Sandblasting- Failure to Give Three (3) Day Notice $750 SMMC 8.08.190 - Violation of Temporary Trailer Regulations $500 SMMC 8.08.200 Failure to Brace Water Heater $500 SMMC 8.52.020 Maintaining Pool /Spa /Fountain Water Clarity $250 SMMC 8.84.020 Maintaining Drainage $250 SMMC 8.96.030 Responsibility for Maintenance - Public Nuisances $1,000 SMMC 8.96.220 Abandoned, Wrecked, Dismantled and Inoperative Vehicles $500 SMMC 8.100.010 Violation of Means and Methods Plan $500 SMMC 8.100.040 Failure to Provide Construction Notice to Residential Tenant - $500 SMMC 8.104.060 Underground Storage Tank (UST)Permit $500 SMMC 8.104.060 Underground Storage Tank Documentation On -Site $250 SMMC 8.104.140 Underground Storage Tank System Maintenance (Minor) $100 SMMC 8.104.140 Underground Storage Tank System Maintenance- (Intermed.) $250 SMMC 8.104.140 Underground Storage Tank System Maintenance (Major) $500 11 Cerde sect +an �iialaYaan bescription� `^ sew SMMC 8.104.180 Underground Storage Tank System Monitoring (Major) $500 SMMC 8.108.100 Landscape and Irrigation Requirements $250 SMMC 9.04.08.02.020 Excessive Yard Sales in the R -1 District $100 SMMC 9.04.08.04.020 Excessive Yard Sales in the R2R District $100 SMMC 9.04.08.06.020 Excessive Yard Sales in the R -2 District - $100 SMMC 9.04.08.08.020 Excessive Yard Sales in the R -3 District $100 SMMC 9.04.08.10.020 Excessive Yard Sales in the R -4 District $100 SMMC 9.04.08.42.020 Excessive Yard Sales in the R -MH District $100 SMMC 9.04.08.44.020 Excessive Yard Sales in the OP -1 District $100 SMMC 9.04.08.48.020 Excessive Yard Sales in the OP- Duplex District $100 SMMC 9.04.08.50.020 Excessive Yard Sales in the OP -2 District $100 SMMC 9.04.08.52.020 Excessive Yard Sales in the OP -3 District $100 SMMC 9.04.08.54.020 Excessive Yard Sales in the OP -4 District $100 SMMC 9.04.08.62.020 Excessive Yard Sales in the R2B District $100 SMMC 9.04.08.64.020 Excessive Yard Sales in the R3R District - $100 SMMC 9.04.08.12.030 Unapproved sidewalk cafe in RVC district $500 SMMC 9.04.08.14.030 Unapproved sidewalk cafe in BCD district $500 SMMC 9.04.08.15.030 Unapproved sidewalk cafe in BSC, BSC3, BSC4 district $500 SMMC 9.04.08.16.030 Unapproved sidewalk cafe in C2 district $500 SMMC 9.04.08.18.030 Unapproved sidewalk cafe in C3 district $500 SMMC 9.04.08.20.030 Unapproved sidewalk caf6 in OC district $500 SMMC 9.04.08.22.030 Unapproved sidewalk cafe in C4 district $500 SMMC 9.04.08.26.030 Unapproved sidewalk cafe in C6 district $500 SMMC 9.04.08.28.030 Unapproved sidewalk caf6 in CM district $500 SMMC 9.04.08.30.030 Unapproved sidewalk cafe in CP district $500 12 ade m Sect�os Vtala3ian Descrapttan�s} Fno SMMC 9.04.10.02.080 Over Height Hedge wall or fence, Encroaching hedges $250 SMMC 9.04.10.02.090 Hazardous Visual Obstructions $500 SMMC 9.04.10.02.150 Refuse and Recycling Storage Areas $250 SMMC 9.04.10.02.270 Outdoor Commercial Lighting Standards $250 SMMC 9.04.10.02.280 Glare Beyond Property $250 SMMC 9.04.10.02.300 Humidity, Heat, and Cold Beyond Property $250 SMMC 9.04.10.02.310 Excessive Noise - Loudspeaker. Buzzer, Etc. $250 SMMC 9.04.10.02.320 Storage in Required Front /Side Yard or Vacant Lot $500 SMMC 9.04.10.02.330 Commercial /Industrial Vibration $250 SMMC 9.04.10.02.340 Unpermitted Outdoor Uses $500 SMMC 9.04.10 - .02.420 Restaurant - Failure to Post Seating Capacity $250 SMMC 9.04.10.08.050 Number of Bicycle, Vanpool, Carpool Spaces Required $250 SMMC 9.04.10.08.060 Storage in Parking Space $250 SMMC 9.04.10.08.120 Marking of Parking Spaces $250 SMMC 9.04.10.08.130 Wheel Stops $250 SMMC 9.04.10.08.220 Maintain Use of Required Off - street Parking Space $250 SMMC 9.04.10.10.030 Maintain Existing Loading Space $250 SMMC 9.04.12.040 Auto Dealership- Parking and Vehicle Storage $250 SMMC 9.04.12.040 Auto Dealership - Failure to Control Noise $250 SMMC 9.04.12.040 Auto Dealership - Vehicles Awaiting Repair in Street /Alley $500 SMMC 9.04.12.040 Auto Dealership -Test Driving on Unapproved Streets $500 SMMC 9.04.12.040 Auto Dealership- Loading And Unloading of Vehicles $1,000 SMMC 9.04.12.040 Auto Dealership -Hours of Operation Near Residential District $1,000 SMMC 9.04.12.050 Auto Rental- Parking and Vehicle Storage $250 SMMC 9.04.12.050 Auto Rental - Failure to Control Noise $250 13 Cede Section Vtolat on Descripticffil 1 i>Se SMMC 9.04.12.050 Auto Rental- Loading and Unloading Vehicles $1,000 SMMC 9.04.12.060 Private Tennis Courts- Lighting $250 SMMC 9.04.12.070 Senior Group Housing- Lighting $250 SMMC 9.04.12.090 Game Arcades Bicycle Racks $250 SMMC 9.04.12.150 Outdoor Antique Markets $250 SMMC 9.04.13.030 Outdoor Newsstands - Zoning Regulations $250 SMMC 9.04.14.040 Service Station - Vehicle for Repair in Street /Alley $500 SMMC 9.04.14.050 Auto Repair -Open Door for Noise /Body& Fender $500 SMMC 9.04.14.050 Auto Repair- Outdoor Repair Work $1,000 SMMC 9.04.14.050 Auto Repair - Operating Hours $1,000 SMMC 9.04.14.050 AutoRepair- Litter $500 SMMC 9.04.14.050 Auto Repair -Sound $250 SMMC 9.04.14.050 Auto Repair - Onsite Storage of Vehicles Awaiting Repair $500 SMMC 9.04.14.050 Auto Repair -Test Driving on Unapproved Streets $500 SMMC 9.04.14.050 Auto Repair - Vehicles Awaiting Repair $500 SMMC 9.04.14.060 Auto Dealership - Failure to Control Noise $250 SMMC 9.04.14.060 Auto Dealership - Vehicles Awaiting Repair $500 SMMC 9.04.14.060 Auto Dealership -Test Driving on Unapproved Streets $500 SMMC 9.04.14.060 Auto Dealership- Loading And Unloading of Vehicles $1,000 SMMC 9.04.14.070 Automobile Rental- Failure to Control Noise $250 SMMC 9.04.14.070 Automobile Rental- Loading and Unloading Vehicles $1,000 SMMC 9.04.14.080 Neighborhood Grocery Store - Delivery Hours $1,000 SMMC 9.04.14.090 Restaurant - Drive -up or Drive - through Speaker System $250 SMMC 9.04.14.090 Restaurant -Hours of Operation Near Residential $1,000 SMMC 9.04.14.130 Auto Wash - Vehicles in Public Way $500 it! Ct�dn wm.__...:: Stc #tat? Ui7a Moe scnpiian(s w. Fine SMMC 9.04.14.130 Auto Wash -Hours of Operation Near Residential $1,000 SMMC 9.04.18.070 Illegal Nonconforming Occupancy /Use $1,000 SMMC 9.04.20.30.030 Conditions of Approval for Permits /Approvals for Land Use $500 SMMC 9.08.050 Residential Building Record - Failure to Deliver to Buyer $500 SMMC 9.16.080. Requirements for Employers of Ten to Forty -Nine Employees $250 SMMC 9.16.090 Submission of Emission Reduction and Worksite Plans $250 SMMC 9.16.130 Enforcement of Employers with 10 or more Employees $250 SMMC 9.52.200 Sign On Street, Alley or Public Place $250 SMMC 9.52.210 Failure to Remove Prohibited Nonconforming Sign $1,000 The following code sections are from the California Fire Code (CFC), Title 19 of the California Code of Regulation (T19) and the California Building Code Standards (CBC) adopted pursuant to Santa Monica municipal code sections 8.40.010 and 8.12.010 and state law. T19 563.8 Post. Signs Indicating Location of Fire Extinguisher $125 T19 567 Mount Fire Extinguisher within 75 Feet Travel Distance $125 T19 575.1 Failure to Service Fire Extinguisher $250 T19 904 Service Fire Sprinkler / Standpipe System $500 T19 904 Service Exhaust Hood and Duct Extinguishing System $500 SMMC 5.24.040 Business is required to submit Hazardous Material Release Response Plan (Business Plan) $1000 SMMC 5.24.050 Elements of Business Plan not met $250 SMMC 5.24.060 Copy of Business Plan not maintained . at business location $250 SMMC 5.24.080 Failure to report hazardous material release and /or implement Business Plan $1000 SMMC 5.24.110 Failure to provide amendments to Business Plan as designated $250 SMMC 5.24.120 Business fails to establish Risk Manage. /Prevention Program $1000 SMMC 8.104.060(a)(3)(A) Owner /Operator Agreement $500 SMMC 8.104.060(a)(3)(C) Change of Operator Notification $250 15 :Endo Section V�olatifffpsscraptlori(s) Fine° SMMC 8.104.060(c) Assumption of new ownership $250 SMMC 8.104.170 Maintenance of Financial Responsibility $250 SMMC 8.104.240(a)(1) Tank operation without permit $1000 SMMC 8.104.240(a)(2) Failure to abide by requirements of permit $1000 SMMC 8.104.240(a)(3) Failure to permit inspection, perform monitoring, testing, rpting $500 SMMC 8.104.240(a)(6) Failure to properly close tank $500 CFC 105.6.34 Permit Required to Operate a Place of Public Assembly $500 CFC 107.1 - Maintenance of safeguards $125 CFC 107.2 Testing and operation of equipment $250 CFC 107.2.1 Availability of test and inspection records to Fire Dept. $125 CFC 107.6 Overcrowding- Exceed Maximum Occupant Load $1,000 CFC 109.1 Unlawful Acts $500 CFC 109.2.4 Removal /Destruction of Sign /Tag $250 CFC 110.1.1 Eliminate Unsafe Condition $500 CFC 110.2 Stopping Use, Evacuation $500 CFC 110.1.1. Unsafe Building $1000 CFC 111.1 Stop Order $250 CFC 111.4 Fail to Comply with Order/ Notice $500 CFC 301.1 Clothes Dryer Free of Lint $250 CFC 303.5 Fire Protection for Asphalt Kettles $250 CFC 304.1 Removal of Rubbish in Building $250 CFC 304.1.2 Combustible Vegetation $250 CFC 304.3.3 Location of Rubbish Dumpsters $250 CFC 305.1 Clearance from Ignition Sources $250 CFC 308.1 Open /Illegal Burning $500 16 Code .� SetTioi t Vrola ton Descriptibn(s) ..: Fine CFC 308.3 Candles /Open flame Prohibited $250 CFC 308.3.2 Improper Use of Candle /Open Flame $250 CFC 308.6 Improper Use of Flaming Food /Beverage $250 CFC 310.3 No Smoking Signs Posted and Enforced $250 CFC 311.1 Maintain Vacant Building /Property $1000 CFC 311.3 Combustible /Hazardous Material in Vacant Building $1000 CFC 315.2 Store Combustible Storage in Orderly Manner $250 CFC 315.2 Provide Clearance Of Heat Producing Appliances and Combustible Materials (keep area lint free) $250 CFC 315.2.1 Required Ceiling Clearance $250 CFC 315.2.2 Combustibles Stored in Exit $500 CFC 315.2.3 Combustible Material in Elec /Meth /Boiler Room $500 CFC 315.2.4 Storage Combustible Materials in Attic or Under floor $500 CFC 315.2.4 Storage Combustible Materials under Building $500 CFC 315.3 Outside Storage Locations $250 CFC 401.3 Failure to Report Emergency $500 CFC 401.3.1 Report False Alarm _ $500 CFC 404.2 Egress Plan Posted $500 CFC 405.1 Emergency Plans /Fire Drills .. $500 CFC 408.3 Fire Drills Required (Educational Occupancy) $250 CFC 503.4 Obstruct Fire Access Road /Lane $250 CFC 504.1 Maintain Required Access to Building $250 CFC 504.2 Maintain Exterior Doors /Openings - $500 CFC 505.1 Premises Identification Required $250 CFC 506 Provide Knox Box $250 17 Cade 5ecttoal Uiola OWN ion {s) CFC 506.1 Knox Key box /Switch Required $250 CFC 506.2 Key Box Maintenance/ Key Inventory $250 CFC 508.5.5 Obstruction of Hydrant /Fire Protection Equipment $250 CFC 510.1 Provide Identification Sign On Room /Door $250 CFC 603.5.2 Maintain Heating Equipment /Appliance $250 CFC 603.6 Spark Arrestor Required $250 CFC 603.9 Protect Gas Meters /Piping $250 CFC 604.2.3 Failure to Provide Exit Signs with Emergency Power $500 CFC 604.2.4 Failure to Maintain Exit Illumination $500 CFC 604.3 Maintain Emergency Power Equipment $500 CFC 605.1 Abate Electrical Hazard $250 CFC 605.3 Obstruct Electrical Switchboard /Panel $250 CFC 605.3 Access to Electrical Switchboard /Panel $250 CFC 605.3.1 Label Electrical Room /Switchboard /Panel $250 CFC 605.4 Provide Listed Power Tap With Over - current Protection $250 CFC 605.4.1 Improper Use /Power Taps $250 CFC 605.5 Extension Cords Prohibited $250 CFC 605.5 Improper Use of Extension Cords $250 CFC 703.1 Maintain Fire Resistive Construction $500 CFC 703.1 Maintain Fire Assemblies /Doors $500 CFC 703.2.1 Obstruction of Fire Assembly /Door $500 CFC 703.4 Test Fire Doors $250 CFC 704.2 Protection of Floor Openings $500 CFC 807.1 Maintain Flame Resistant Treatment $500 CFC 901.6 Maintain Fire Protection System /Appliance $1000 i4: . €Made— � S��3tQi1 =Lio }atian�tioser�ptian{S] Fine w CFC 901.8 Tamper with Fire Department Equipment $1000 CFC 901.8 Tamper with Fire Hydrant /Appliance $1000 CFC 901.8.1 Tamper with Barriers /Locks /Signs /Seals $1000 CFC 901.10 901.11 Fire Watch Required - Problematic Systems $750 CFC 903.4 Identify sprinkler control valves and secure or lock in the open position $250 CFC 904.11 Hood Fire Extinguishing System Required to Protect all Areas $1000 CFC 904.11.5.2 Provide a Type K Fire Extinguisher $250 CFC 904.11.6 Clean Grease in Hood, Filter or Ducts $500 CFC 906.1 Provide Fire Extinguisher $250 CFC 906.3 Provide Fire Extinguisher (2A -10:BC or Greater) $250 CFC 907.1 907.2 Fire Alarm System Required to be Installed and Maintained $1000 CFC 907.20 907.20.1 Install and Maintain Smoke Detectors (Existing R -1) $500 CFC 912.3 Maintain Access To and Operation of Standpipes, FDC and Sprinkler control valves $500 CFC 1004.3 Post Occupant Load $500 CFC 1008.1.8.3(2.2) Signage -Doors Unlocked During Business Hours $250 CFC 1008.1.8.4 Exit Door Locked /Secured with Non - approved Lock $1,000 CFC 1008.1.9 Panic Hardware Required $500 CFC 1008.2 Locks on Exit Gates $1,000 CFC CFC 1009 1009.10 Maintain Stairways and Handrails Maintain Stairways and Handrails $500 $500 CFC 1009.5.3 Storage Under Stairways $500 CFC 1014.4 Aisles Required $500 19 mCOde Sectaah l�iolatiionbescrTptluyl {st1.i; z CFC 1014.4 Obstruct Aisle or Exitway $500 CFC 1017.1 Maintain Corridor $500 CFC 1025.12 ex. 3 Bonding of Chairs Required $500 CFC 1026.4 Equip Bars /Grates On Sleeping Room With Approved Interior Release Devices $1000 CFC 1027.16.7 Obstruct /Maintain Fire Escape $1000 CFC 1028.1 Failure to Maintain Exit Doors $1000 CFC 1028.3 Exit Obstructions $500 CFC 1028.4 Exit Sign illumination Required $500 CFC 1028.6 Obstruct /Maintain Emergency Escapes $1000 CFC 1413.1 Standpipe System Required During Construction $1000 CFC 1504.2 Spray- Finish Operations Prohibited $1000 CFC 1504.4 Fire Protection System Required $1000 CFC 2604.1.1 Hot Work - Clearance to Combustibles $250 CFC 2604.1.7 Hot Work -Non Approved Location $250 CFC 2604.2.6 Fire Protection Equipment for Hot Work $250 .CFC 2605.2 Storage of Welding Equipment $250 CFC 2701.3.3 Performance requirements of equipment /documentation $250 CFC 2701.5.1 Hazardous Material Management Plan $1000 CFC 2701.5.2 Hazardous Materials Inventory Statement $1000 CFC 2701.6.1 Permit /Monitoring requirements for out -of- service facilities $250 CFC 2703.1 General /Hazardous Materials $500 CFC 2703.2 Design /maintenance of equipment for hazardous materials $250 CFC 2703.2.2.1(4) Provide Emergency Shut -off Valves and Signs $250 CFC 2703.3 Release of Hazardous Materials. $1000 Pi, 46,61 ; .... . ..... T i nlationDescnp3ion(sj Fine CFC 2703.3.1.2 Provide Approved Method to Control Unauthorized Spills $250 CFC 2703.4 MSDS Forms Required $250 CFC 2703.5 Provide Hazardous Identification Signs $250 CFC 2703.5.1 Provide Markings or Labels on Containers or Packages $250 CFC 2703.9 Testing frequency $125 CFC 2703.9.3 Provide Guard Posts to Protect Storage Area or Tanks $250 CFC 2703.9.5 Provide Approved Means to Prevent Static Electricity Charge $250 CFC 2703.9.8 Separate Containers of Incompatible Materials $500 CFC 2703.9.9 Provide Shelves with Lip or Guard $250 CFC 2704.1 General Storage of Hazardous Materials $500 CFC 2704.2.2 Provide Secondary Containment for Hazardous Materials $500 CFC 2704.2.2.5 Approved monitoring method $250 CFC 2704.11 Keep Storage Area or Tanks Clear of Combustible Material $250 CFC 2705.2.1.4 Secondary Containment for Liquid Used in Open Systems Inside a Building $500 CFC 2705.3.5 Secondary Containment for Liquid Used in Open Systems Outside a Building $500 CFC 2903.5 & 3606.5.3 Dust Collection Required $500 CFC 3003.4.3 Provide Labels on Gas Piping $250 CFC 3003.5.3 Secure Compressed Gas Cylinders $250 CFC 3309 Fireworks Prohibited $1000 CFC 3403.3 Site Assessment $500 CBC 3404 Provide Fire Escape Certification $500 CFC 3404.2.7.10 Leak Reporting _ $1000 CFC 3404.2.11.1 Compatibility $500 21 Uoda Seroxt= V n DescNpfiior(s) at filit' : CFC 3404 2 11.4 Overfill prevention system $125 CFC 3404.2.11.5.2 Approved method of leak detection $500 CFC 3404.2.13.1.2 Conditions for tanks out of service for 90 days $500 CFC 3404.2.13.1.3 Conditions for tanks out of service for 1 year $1000 CFC 3404.3.1.1 Store Flammable /Combustible Liquids in Approved Container $250 CFC 3404.3.2 Store Flammable /Combustible Liquid in Approved Cabinet(s) $500 CFC 3404.3.3.3 Remove Flammable Liquids Near Exits $1000 CFC 3405.2.4(4) Discontinue Gravity Dispensing $250 CFC 3405.3.6 Discontinue Cleaning Inside Building with Flammable Liquids $1000 CFC 3405.3.7.5.3 Provide Secondary Containment — Flammable and Combustible Liquids $500 22 Attachment 2— Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations SCHEDULEI SCHEDULE OF FINES FOR VIOLATION OF TAXICAB RULES AND REGULATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department's rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation. If a penalty due date falls on a weekend or holiday, penalties are due the next City business day. Any suspension of a permit shall be recorded on the driver's Permit Suspension Record and will be considered when applying Taxicab Rule 306f. A permittee must serve a suspension during a period of time in which the Taxicab Driver's Permit has been physically turned in to the City. Monetary Penalty Increments Penalties shall accumulate without limit. Suspension of Franchisee's Franchise Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee's franchise is subject to immediate suspension. LEGEND: S = Suspension R = Revocation IDS = Immediate Out of Service (Driver and /or Vehicle) at the Full Discretion of the Police Penalty Schedules The following progressive penalties shall be applied when the same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24 -month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer. 23 $250 or Schedule A $50 $50 $100 $100 $150 $150 Suspension $500 105 Schedule N/A $100 N/A ..$200 N/A $300 [ N/A .$500 '•. $250 " "Perinittee $500 $500 or or See Suspension Schedule Suspension $500 Suspension $2,500 Penalties N/A N/A 105 Conduct / Public Safety - Revocation IOS $2,500 IOS $5000 or $5,000 Revocation Schedule D N/A $1,000 N/A '; or Suspension See Penalties N/A N/A 105 Conduct / Public Safety '. r105 24 ' Penalties Condudt,Public5afetyviolation" " Driver or: ,. Vehicle . '•. Franchisee " "Perinittee $500 or Suspension $300 IOS $500 N/A 105 $1,000 or - Revocation $2,500 105 $5000 or N/A Revocation 105 ASSIGNED PENALTY SCHEDULE Taxicab Rule = Penalty Schedule 201a. Schedule D 201b. Schedule C 202. Schedule D 203. Schedule D 204. Schedule D- Conduct 205. Schedule B- Conduct 206. Schedule B- Conduct 207. Schedule D- conduct 208. Schedule B- Conduct 209. Schedule A- Conduct or B- Conduct 210. Schedule A- Conduct or Schedule B- Conduct 211. Schedule B 212. Schedule B 213. Schedule B- Public Safety 214. Schedule A- Conduct or B- Conduct 215. Schedule B- Public Safety 216. Schedule D 217. Schedule D 218. Schedule B 219. Schedule B 220. Schedule B 221. Schedule B 222. Schedule B 223. Schedule B 224. Schedule D 225. Schedule B-Public Safety 226. Schedule B 227. Schedule B 228. Schedule B 229. Schedule B 230. Schedule A or Schedule B 231. Schedule B 232. Schedule B- Public Safety 233. Schedule B 234. Schedule B- Public Safety 235. Schedule B 236. Schedule B 237. Schedule B- Conduct 238. Schedule B- Conduct 239. Schedule B- Conduct 240. Schedule A- Conduct 241. Schedule B 242. Schedule B 25 Taxicab Rule _ Penalty Schedule 243. Schedule 6 244. Schedule C- Conduct or Schedule D- Conduct 301. none 302. none 303. none 304. none 305. none 306. none 307. none 401. Schedule A- Conduct 402. Schedule C- Public Safety 403a. ScheduleC - Public Safety 403b. Schedule C- Public Safety 404. Schedule C- Public Safety 405. Schedule A- Public Safety 406. Schedule A- Conduct 407. Schedule C- Public Safety 408. Schedule C- Public Safety 409. Schedule C- Conduct 410. Schedule A 411. Schedule A- Conduct for 1st Violation, Schedule C- Conduct for 2nd Violation 412. Schedule C- Conduct 413. Schedule C- Conduct 414. Schedule A- Conduct for 1st Violation, Schedule C- Conduct for 2nd Violation 415. Schedule A- Conduct 416. Schedule C 417. Schedule C 418. Schedule C 419a Schedule A- Public Safety 419b Schedule A 419c Schedule A- Conduct 419d Schedule C- Conduct 419e Schedule A 420a. Schedule C- Public Safety 420b. Schedule C 420c. Schedule A 421. Schedule A- Public Safety 422a. Schedule A 422b. Schedule C 422c. Schedule C 422d. Schedule A- Public Safety 423a. Schedule A- Public Safety 423b. Schedule A- Public Safety 423c. Schedule A- Public Safety 424. Schedule C YT7 Taxicab Rule Penalty Schedule . 425. Schedule A- Public Safety 426. Schedule A- Public Safety 427. Schedule A 428. Schedule A- Conduct 429. Schedule A 430a. Schedule A 430b. Schedule A 430c. Schedule A 430d. Schedule A 430e. Schedule A 430f. Schedule A- Conduct 430g. Schedule A- Conduct 430h. Schedule A 430i. Schedule A- Conduct 430j. Schedule A- Conduct 430k. Schedule A- Conduct 4301. Schedule A- Conduct 430m. Schedule A- Conduct 430n. Schedule A 430o. Schedule A 431. Schedule A 432. Schedule A- Conduct or Schedule C- Conduct at the Discretion of the City 433. Schedule A 434a. Schedule A- Conduct 434b. Schedule A 435. Schedule C 436. Schedule A 437. Schedule A 438. Schedule A 439a. Schedule C 439b. Schedule C- Conduct 439c. Schedule C 440. Schedule A- Conduct 441. Schedule C- Conduct 442. Schedule A 443. Schedule A 444. Schedule A 445. Schedule A 446. Schedule A 447. Schedule A- Public Safety 448. Schedule A 449. Schedule A 450. Schedule A 451. Schedule A 452. Schedule A 27 Taxicab Rule " Penalty Schedule 453. Schedule A 454. Schedule A 455. Schedule A 456a. Schedule A 456b. Schedule A 456c. Schedule A 456d. Schedule C 457. Schedule A 458. Schedule A 501. Schedule D 502. Schedule B 503. Schedule A- Conduct or Schedule B- Conduct 504. Schedule B- Conduct 505. Schedule B- Conduct 506. Schedule B 507. Schedule B 508. Schedule B- Conduct 509. none 510. none 511. none 512. none 513. none 514. none 601. Schedule A or Schedule B 602. Schedule B- Public Safety 603. Schedule A- Public Safety or B- Public Safety 604. Schedule A or Schedule B 605. Schedule A- Conduct or Schedule B- Conduct 606. Schedule A-Public Safety or ScheduleB- Public Safety 607a. Schedule A or Schedule B 607b. Schedule A or Schedule B 607c. Schedule A or Schedule B 607d. Schedule A- Conduct or Schedule B- Conduct 607e. Schedule A-Conduct or Schedule B- Conduct 607f. Schedule A-Conduct or Schedule B- Conduct 607g. Schedule A or Schedule B 608. Schedule A- Public Safety or Schedule B - Public Safety 609. Schedule A-Public Safety or Schedule B-Public Safety 610. Schedule A or Schedule B 611. Schedule A or Schedule B 612. Schedule A- Public Safety or Schedule B- Public Safety 613. Schedule A- Conduct 614. Schedule A or Schedule B 615. Schedule B 616. Schedule B FU Taxicab Rule = Penalty Schedule 617. Schedule 6 618. Schedule B 619. Schedule B 620. Schedule B 621. Schedule B 622. Schedule B 623. Schedule A or Schedule B 624. Schedule A— Conduct or Schedule B- Conduct 625. Schedule A— Conduct or Schedule B- Conduct 626. Schedule B 627. Schedule B 628. Schedule B 629. Schedule A- Public Safety or Schedule B— Public Safety 630. Schedule C or Schedule D 631. Schedule A— Public Safety or Schedule B- Public Safety 632. Schedule B — Public Safety 701. none 702. none 703. none 29