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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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the the fpne
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amount of and/or
number
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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.
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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