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SR 09-24-2019 3E City Council Report City Council Meeting: September 24, 2019 Agenda Item: 3.E 1 of 4 To: Mayor and City Council From: David Martin, Director, Code Enforcement Subject: Code Enforcement Fine Increases Recommended Action Staff recommends that the City Council: 1) Adopt a Resolution updating the City’s administrative fine schedule to establis h new fine amounts for violations of Santa Monica Municipal Code Chapters 4.27.030, 4.27.040 and 6.20.030. Summary In light of the escalating regional housing crisis and its impact on existing residents of Santa Monica, at its August 13, 2019 meeting, Council directed staff to review the current fines for violations of laws designed to protect Santa Monica’s tenants and preserve affordable housing, and to bring forth a resolution to establish new fine amounts if recommended. Specifically, Council asked that staff review the fines for violations of SMMC 4.27.010 (Disruption of Housing Services), 4.27.030 (Tenant Evictions for Owner Occupancy), 4.27.040 (Permits Necessary for Occupancy of Property Following Withdrawal Pursuant to the Ellis Act) and 6.20.030 (Home-Sharing) to determine whether or not the current fine amounts are substantial enough to be a deterrent. Staff recommends that Council adopt a resolution updating the City’s administrative fine schedule to increase the fines for violations covered in SMMC 4.27.030, 4.27.040 and 6.20.030. Discussion The City of Santa Monica is committed to minimizing displacement of tenants and preserving affordable housing for residents. To reinforce this effort, staff recommends increasing the fine amounts associated with violations of the Tenant Protection and 2 of 4 Home-sharing Ordinances, specifically SMMC 4.27.030, 4.27.040 and 6.20.030, which currently carry fine amounts that are insufficient to deter violations. Disruption of Housing Services – SMMC 4.27.010 On November 9, 1982 Council adopted Ordinance 1262 (Attachment A) to make it explicitly unlawful for any landlord to interrupt necessary housing services, prevent tenants from accessing their unit, or take any other such action to recover possession of a rent-controlled unit. Until July 2019, these violations were not listed on the fine schedule and thus the fine defaulted to $75. Code Enforcement staff proposed an increase to $500 and Council approved this increase with the budget adoption on June 25, 2019. Staff does not recommend that the fine amount for these violations be increased further at this time. Tenant Evictions for Owner Occupancy – SMMC 4.27.030 On October 23, 1984, Council adopted Ordinance 1318 (Attachment B) prohibiting evictions for the purpose of owner and owner-relative occupancy in units that were being converted from apartments to condominiums prior to the 1984 Tenant Ownership Rights Charter Amendment (TORCA). The ordinance clarified that tenants in buildings that were being converted had eviction protections under the Rent Control law and that sellers and purchasers could only evict tenants as indicated in the Rent Control law. The fine for violating this section of the Code is currently $75, which staff believes is insufficient to deter violations given the difference between rent control and market rate rents. Staff recommends that the fine for violating SMMC 4.27.030 be increased to $1000 per violation. Permits Necessary for Occupancy of Property Following Withdrawal Pursuant to the Ellis Act – SMMC 4.27.040 On January 24, 1989, Council adopted Ordinance 1466 (Attachment C) clarifying local land use requirements applicable to rental units withdrawn from the housing market pursuant to the Ellis Act. Owners of properties and rental units therein that have been withdrawn from the residential market pursuant to the Ellis Act must be granted an 3 of 4 occupancy permit by the City prior to re-occupying the property. Property owners who violate this section are currently subject to a $75 fine, which is inadequate to compel compliance. Staff recommends that this fine be increased to $1000 per violation in order to discourage owners from evicting tenants for the purpose of re-renting rent- controlled units at market rate rents. Home-sharing – SMMC 6.20.030 On June 12, 2015, Council adopted Ordinance 2464 (Attachment D) clarifying the existing prohibition of vacation rentals in Santa Monica and allowing for home-sharing, which is defined as the rental of a portion of a dwelling unit for 30 days or fewer with the presence of the host. Although enforcement of the home-sharing ordinance has had success in assuring the return of hundreds of vacation rentals to the permanent residential market, enforcement against those who have removed multiple units from Santa Monica’s housing stock to pursue profitable vacation rental businesses has proved challenging with fines that amount to a fraction of the rental profits. Nightly rates for entire apartments average about $400 per night and some entire homes in Santa Monica are listed for $1500 a night and more, potentially netting hosts thousands of dollars in monthly profits. Staff recommends increasing the fine for advertising, facilitating or operating a vacation rental to $1000 per offense. Hosts with multiple listings are the highest priority for enforcement but without a substantial financial penalty the majority will continue to violate the law while calculating the administrative fines as part of the cost of doing business. Staff recommends that Council adopt the attached resolution (Attachment E) establishing the fines and violations in the table below: Action Amount Ordinance Reference Tenant Evictions for Owner Occupancy $1000 4.27.030 Permits necessary for occupancy of property following withdrawal pursuant to the Ellis Act $1000 4.27.040 4 of 4 Advertising, facilitating or operating a vacation rental $1000 6.20.030 Past Council Actions Meeting Date Description 11/09/82 (attachment A) Ordinance 1262 – Disruption of Housing Services 10/23/84 (attachment B) Ordinance 1318 – Evictions in Buildings Converted to Condominiums after April 10, 1979 01/24/89 (attachment C) Ordinance 1466 – Clarifying Local Land Use Requirements Applicable to Rental Units Withdrawn from the Rental Housing Market Pursuant to the Ellis Act 06/12/15 (attachment D) Ordinance 2484 – Home-sharing Ordinance Financial Impacts and Budget Actions Staff does not expect any significant budget impact related to the report’s recommended action. While the proposed fine amounts will resu lt in increased revenue in the event of violations, the fines are intended to be a deterrent and are not intended to increase City revenue. Prepared By: Denise Smith, Senior Administrative Analyst Approved Forwarded to Council Attachments: A. Ordinance 1262 B. Ordinance 1318 C. Ordinance 1466 D. Ordinance 2484 E. PCD - Resolution - Fine Resolution and Exhibits - 09.24.2019 F. Written Comments e e CA:RMM:r City Council Meeting 11-9-82 Santa Monica, California ORDINANCE NUt'1BER 1262(CCS) City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4810 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING DISRUPTION OF VARIOUS HOUSING SERVICES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1.Section 4810 is added to the Santa Monica Municipal Code to read as follows: Section 4810.Disruption of Housin~ Services. a) No landlord shall,with respect to property used as a residential rental unit under any rental housing agreement or other tenancy or estate at will, however created, do any of the following: 1) Interrupt or terminate any utility service furnished to the rental unit by any means whatsoever ncluding, but not limited to, the cutting of wires, the removal of fuses, 1 e e the switching of breakers, and the non-payment of utility bills. 2) Prevent the tenant from gain~ng reasonable access to the rental unit by changing the locks or using a boot lock or by any other similar method or device. 3) Removal,without replacement within a reasonable time period, doors or windows of the rental unit. 4) Remove from the rental unit personal propertYI the furnishings, or any other items without the prior written consent of the tenant, except when done purs uant to the procedure se t forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. b) No landlord shall,with action to controlled respect to property used as a controlled rental unit under any rental housing agreement do any of the following: 1) Bring any judicial recover possession of a rental unit or recover posses sion of a controlled ren ta 1 unit 2 e e unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder. 2) Take any other action to recover possession of a controlled rental unit unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder. For purposes of this sUbdivision, other action includes, but is not limited to, the service or delivery of written notices or demands and the communication of oral notices or demands. c) Nothing in this section shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Civil Code Section 1940. d) For purposes of this section, the terms landlord, tenant, rent, rental housing agreement, rental unit, and controlled rental unit shall be defined as set forth in Article XVIII of the City Charter. 3 e) For purposes of this section, utility service includes, but is not limited to, water, heat, light, electricity, gas, telephone, garbage collection, sewage, elevator, or refrigeration. SECTION 2. 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, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Counc i 1 he reby 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. 4 e e SECTION 4.The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance.This City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: Robert M. Myers City Attorney 5 e e ADOPTED AND APPROVED THIS 9th DAY 1982.OF ~ovember k.~ MAYOi c:/ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1262 CCS), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF October 1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 9th DAY OF Xovember 1982 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Edwards, Press, Reed, Zane and }layor Yannatta Go1dKay NOES: COUNCILMEMBERS: t':;one ABSENT: COUNCILMEMBERS: Jennings ABSTAIN: COUNCILMEMBERS: :lone ATTEST: r CITY CLERK e e CA:RMM:KMM:kmremov8 Clty Council Meeting 10-23-84 Santa Monica, California i ORDINANCE l."'UMBER 1318 (CCS) City Council Serles) AN QRDI NANC E OF THE CI TY CQUNCI L OF THE CITY OF SANTA MONICA ADDING MUNICIPAL CODE SECTION 4812 CONCERNING EVICTIONS IN BUILDINGS CONVERTED TO CONDOMINIUMS AFTER APRIL 10, 1979. WHEREAS, ln the lnterest of the publlC health, safety, and welfare, the Rent Control Charter Amendment (City Charter Article XVIII) regulates evictlons from residential rental units; and WHEREAS, 1 t is the intent and purpose of the Rent Control Charter Amendment to protect the rental housing stock ana prevent evictions by regulating the removal of controlled rental units through conversion, demo11tion, or other weans: and VHEREAS, to protect the rental housing stock the Rent Control Charter Amendment requires a removal permit be issued prior to any such removal: and WHEREAS, it has been the understanding of the Clty of Santa Monica and the Santa Mon1ca Rent Control Board that a removal perrrlit is required in all cases of condominium conversion, in- cluding those cases where the landlord has secured and filed a f1nal subdivision map; and 1 e e WHEREAS, the California Supreme Court has affirmed the validity and necessity of the removal permit requirement in the case of Santa Monica Plnes v. Rent Control Board, Case Nos. L.A. 31615, 31616; and WHEREAS, several landlords and developers construed Santa Monica Pines to allow sale of in the City have indivldual con- domlniuID units wherever the owner has secured and filed a final subdivision map, irrespective of whether a removal permit has been obtained: and WHEREAS, Section 1806 of the Rent Control Law limi ts the grounds for evictlon but does not proh1b1t evictions for the pur- pose of owner and owner-relative occupancy; and WHEREAS, by Regulation, the Rent Control Board has permitted one eviction per property by persons owning not less than 50% of the entire property for the purpose of owner or owner-relative occupancy; and WHEREAS, developer and landlords have contended that exist- lng law allows the sale of converted apartment units without a removal permit, and thereafter allows the new owners thereof to evict tenants pursuant to Sect10n l806(h) of the City Charter and Sectlon 9002(b) of the Rent Control Board Regulations; and WHEREAS, this construction is contrary to the intent and purpose of the Rent Control Charter Amendment and is inimical to the publlC helath, safety, and welfare; and 2 e e WHEREAS, buyers of unlawfully removed condominlum units may be unaware that they will not be able to eVlct the present tenant ln order to take personal occupancy: and VHEREAS, unlawful conversions and evictlons may occur which cause irreparable ham to renters and irreversibly deplete the supply of rental housing in the City of Santa Monica: and vffiEREAS, it is proper for the City Council to adopt curative regulatlons limiting evictions for owner-occupancy as originally intended by the voters and the Board, NCW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF SANTA MONICA DOES ORDAIN AS FOLLC>>lS: SECTION 1. Section 4812 is hereby added to the Santa Monica Municipal Code to read as follows: Section 4812.Tenant Evictions for Owner Occu?ancy. In addition to any other protectlons provided in the Municlpal Code, the City Charter, or the laws of the State of Californla, no eviction for purposes of con- version or sale lnCldent to conversion or for personal occupancy by the landlord or owner or relative of the landlord or owner shall be allowed ln any condOffilnium or stock coopera- tive unit unless the unit had flrst been created or converted froM an apartment or other rental unit on or before April 10, 3 e e 1979, or the Rent Control Board has issued a removal permit or declared a vested right for said unit. As used here1n, a unit shall be deemed created or converted on the date the unit is flrst sold as a condominium or stock cooperative unlt. As used herein, an evic- tion shall mean any act10n to recover posses- sion of a residential rental unit, 1ncluding service of notice of termination of tenancy. This section shall apply w1th respect to any unlawful detainer action for which judgment has not been entered pr ior to the effect1ve date of this Section. SECTION 2. Any provis1ons of the Santa lvIonica Municipal Code or appendices thereto inconsistent wi th the provisions of this ordinance, to the extent of such lnconsistencies and no fur- ther, is hereby repealed or mod~fied to that extent necessary to affect the provisions of this ordinance. SECTION 3.If any sectlon, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconst1tutional by a decision of any court of competent juris- d1ction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that 1 t would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not 4 e e declared invalid or unconstitutional wi thout regard to wh ether any portion of the ordlnance would be subsequently declared invalid or unconstitutional. SECTION 4.The l>'layor shall sign and the City Clerk shall attest to the passage of thlS ordinance.The City Clerk shall cause the same to be publlshed once in the official newspaper withln 15 days after its adoption.This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORl>1: t ~">~~-.~ ROBERT M. MYERS Ci ty Attorney 5 e e Adopted and approved thlS 23rd day of October 1984. I hereby certify that the foregoing Ord lnance No.. 1318 (CCS) was duly and regularly lntroduced at a meetlng of the Clty Councll on the 9th day of October 1984; that the said Ordlnance was thereafter duly adopted at a meeting of the City Council on the 23rd day of October 1984 by the following Council vote: Ayes: Councllmembers: Conn, Epsteln, Press, Zane and Mayor Edwards Noes: Councilmembers: Jennlngs and Reed Abstain: Councllmembers: None Absent: Councl1members: None ATTEST: "- a::. ~~ C it..:,t -Gl-erk e e CA:RMM:LL:ll472b/hpc city Council Meeting 1-24-89 Santa Monica, California ORDINANCE NUMBER 1466(CCS) City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9304, 9311, 9312, AND 9346 RELATING TO SUBDIVISION REQUIREMENTS AND ADDING SECTION 4812a TO CLARIFY LOCAL LAND USE REQUIREMENTS APPLICABLE TO RENTAL UNITS WITHDRAWN FROM THE RENTAL HOUSING MARKET PURSUANT TO THE ELLIS ACT WHEREAS, the Subdivision Map Act, Government Code section 66410 et seq. and the Subdiv~s~on Ordinance of the City of Santa Monica, Santa Monica Municipal Code section 9300 et seq., serve to regulate and control the division of land within the city of Santa Monica; and WHEREAS, the provisions of state and local subdivision laws have as their purposes the protection of purchasers of property as well as the promotion of orderly growth, development, and land use; and WHEREAS, the attributes, uses, ownership structure, and occupancy of a residential building differ depending upon whether the building is tenant-occupied or owner-occupied; and WHEREAS, the conversion of residential rental buildings to owner-occupied residential buildings has historically required City approval: and WHEREAS, a property which has been utilized for residential rental housing that is being converted to owner-occupancy has 1 - e e virtually identical attributes to those of a condominium conversion or sUbdivision for which state and local law require a sUbdivision or parcel map, a change of use permit, and a conditional use permit; and WHEREAS, several property owners have already evicted tenants from residential rental properties pursuant to the Ellis Act and subsequently occupied those properties without obtaining necessary permits from the city and it is likely that others will follow the same course; and WHEREAS, occupancy by multiple owners of residential buildings which were formerly operated as rental housing constitutes the creation of a community apartment or some other like interest which couples an ownership interest in property with the right to occupy such property; and WHEREAS, the creation of ownership interests and use patterns which resemble community apartments, cooperatives, or condominiums without obtaining city approvals circumvents the purpose of the state SUbdivision Map Act and of the city's Subdivision Ordinance; and WHEREAS, the regulations set forth in this Ordinance are necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote and implement the General Plan, to protect unwary purchasers of residential property, and to otherwise further the purposes of the state Subdivision Map Act and the city's Subdivision Ordinance and condominium regulations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: 2 - e e SECTION 1. section 9304 of the Santa Monica Municipal Code is amended to read as follows: SECTION 9304.Definitions.The following words or phrases as used in this Chapter shall have the following meanings: a) Advisory Agency. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property. b) Block. The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. c) community Apartment. A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment. d) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an 3 - e e of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation. u) Subdivider. A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." v) SUbdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, lflhether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code section 1350, a community apartment project, as defined herein or in California Civil Code section 1351 (d), a stock cooperative, as defined herein or in California Business & Professions Code Section 1103.2, or a 8 - e e cooperative apartment as defined herein. Any conveyance of land to a governmental agency, publ ic entity, or publ ic util i ty shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein. w) Subdivision Map. A ~ap showing a division of land of five (5) or more parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. x) Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. y) Tentative Parcel Map. A tentative map for a parcel. z) Tentative Subdivision Map. A tentative map for a subdivision. aa) zoning Ordinance. Artiel e IX of the Municipal Code. SECTION 2. Section 9311 of the Santa Monica Municipal Code is amended to read as follows: 9 - e e SECTION 9346. Waiver of Parcel Map. The Planning commission may waive the requirements for a tentative and final parcel map when it is demonstrated that the waiver is consistent with the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, community apartment project, or cooperative apartment, whether created by new construction or conversion. The decision of the Planning Commission shall not be appealable. SECTION 5.Section 4812a is added to the Santa Monica Municipal Code to read as follows: SECTION 4812a. Permits Necessary for Occupancy of Property Following withdrawal Pursuant to the Ellis Act. a) No property or rental units therein which have been withdrawn pursuant to the Ellis Act, Government Code sections 7060 et seq., shall be subsequently occupied unless an occupancy permit is obtained in accordance with the provisions of this Section. b) An occupancy permit for commercial occupancy of a property or any 11 - e rental unit therein shall be granted by the Planning Director if the following findings are made: 1) The occupancy is in conformity with the General Plan. 2) The occupancy is in conformity with the Comprehensive Land Use and zoning Ordinance. c) An occupancy permit for residential occupancy of a property or any rental unit there1n may be granted: 1) By the Planning Director, if the Planning Director finds that no more than one unit on the property will be occupied by owners of the property. other units on the property may be occupied by family members of the owners, provided such family members do not have any ownership interest in the property and do not pay rent as defined 1n section 1801 (f) of the City Charter. An agreement restricting use of the property to such purposes shall be executed by the owner and the City as a condition of approval. 2) By the Planning Director, if the Planning Director finds that the property or rental unit therein 12 - e e is to be used for multifamily rental housing, and the Rent Control Board has certified that the owner has complied with the requirements set forth in Government Code Sections 7060.2 and 7060.4 and with applicable regulations promulgated by the Rent Control Board. 3) If the property is to be used as a cooperative apartment as defined in section 9304, a subdivision or parcel map is obtained in accordance with Chapter 3 of Article IX of this Code, and a conditional use permit lS obtained in accordance with the requlrements of Section 9061.1, except that subsections a), (b), (e), (h), and (i) (2) shall not apply, and except that the requirements regarding a Tenants' Notice of Intent to Convert and Tenant Relocation Assistance Plan contained in subsection (c) shall not apply. d) The Planning Director shall make a written report to the Planning Commission and the city Council within five (5) days of approving or conditionally approving an occupancy permit pursuant to this Section. Any decision of the Planning Director 13 - e e approving, conditionally approving, or denying an occupancy permit may be appealed to the Planning Commission in accordance with the provisions in Subchapter 10L of Article IX of this Code. Any decision of the Planning Commission may be further appealed to the City council in accordance with the same provisions. e) This section shall not apply to occupancy of any portion of a property withdrawn pursuant to the Ellis Act following lawful demolition of that portion of the property, nor shall it apply to an entire property withdrawn pursuant to the Ellis Act following lawful demolition of the entire property. SECTION 6. 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 affect the provisions of this ordinance. SECTION 7. 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 jurisdict1on, such decision shall not affect the validity of the remaining portions of the ordinance. The city Council hereby 14 - e e 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 8. 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.The ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ROBERT M. MYERS U city Attorney 15 - e e Adopted and approved this 14th day of February, 1989. e~~~ I hereby certify that the foregoing Ordinance No. 1466(CCS) was duly and regularly introduced at a meeting of the City Council on the 24th day of January 1989; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 14th day of February 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Mayor Zane Noes: Councilmembers: Katz, Reed Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: y City Council Meeting: May 12, 2015 Santa Monica, California ORDINANCE NUMBER ` qyq (CCS) City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6.20 TO THE SANTA MONICA MUNICIPAL CODE CLARIFYING PROHIBITIONS AGAINST VACATION RENTALS AND IMPOSING REGULATIONS ON HOME SHARING WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, Santa Monica's primary housing goals include preserving its housing stock and preserving the quality and character of its existing single and multi - family residential neighborhoods. Santa Monica's prosperity has always been fueled by the area's many attractive features including its cohesive and active residential neighborhoods and the diverse population which resides therein. In order to continue to flourish, the City must preserve its available housing stock and the character and charm which result, in part, from cultural, ethnic, and economic diversity of its resident population; and WHEREAS, the City must also preserve its unique sense of community which derives, in large part, from residents' active participation in civic affairs, including local government, cultural events, and educational endeavors; and 1 WHEREAS, Santa Monica's natural beauty, its charming residential communities, its vibrant commercial quarters and its world class visitor serving amenities have drawn visitors from around the United States and around the world; and WHEREAS, the City affords a diverse array of visitor - serving short term rentals, including, hotels, motels, bed and breakfasts, vacation rentals and home sharing, not all of which are currently authorized by local law; and WHEREAS, operations of vacation rentals, where residents rent -out entire units to visitors and are not present during the visitors' stays are detrimental to the community's welfare and are prohibited by local law, because occupants of such vacation rentals, when not hosted, do not have any connections to the Santa Monica community and to the residential neighborhoods in which they are visiting; and WHEREAS, the presence of such visitors within the City's residential neighborhoods can sometimes disrupt the quietude and residential character of the neighborhoods and adversely impact the community; and WHEREAS, judicial decisions have upheld local governments' authority to prohibit vacation rentals; and WHEREAS, with the recent advent of the so called "sharing economy," there is growing acceptance of the longstanding practice of "home- sharing," whereby residents host visitors in their homes for short periods of stay, for compensation, while the resident host remains present throughout the visitors' stay; and K WHEREAS, long before the advent of the sharing economy, home - sharing activities were already commonly undertaken throughout Santa Monica and throughout the United States; and WHEREAS, history has shown that home - sharing activities spread the good -will of Santa Monica worldwide and have enhanced Santa Monica's image throughout the world: and WHEREAS, home - sharing does not create the same adverse impacts as unsupervised vacation rentals because, among other things, the resident hosts are present to introduce their guests to the City's neighborhoods and regulate their guests' behavior; and WHEREAS, history has shown that home - sharing activities are relatively very small in number, when compared to the number of persons utilizing vacation rentals or the City's hotels and motels; and WHEREAS, while the City recognizes that home - sharing activities can be conducted in harmony with surrounding uses, those activities must be regulated to ensure that the small number of home - sharers stay in safe structures and do not threaten or harm the public health or welfare; and WHEREAS, any monetary compensation paid to the resident hosts for their hospitality and hosting efforts rightfully belong to such hosts and existing law authorizes the City to collect Transient Occupancy Taxes ( "TOTs ") for vacation rentals and home- sharing activities; and P WHEREAS, existing law obligates both the hosts and rental agencies or hosting platforms to collect and remit TOTS to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.20 of the Santa Monica Municipal Code is hereby added to read as follows: Chapter 6.20 HOME SHARING AND VACATION RENTALS 6.20.010 Definitions For purposes of this Chapter, the following words or phrases shall have the following meanings: a) Home - Sharing. An activity whereby the residents host visitors in their homes, for compensation, for periods of 30 consecutive days or less, while at least one of the dwelling unit's primary residents lives on -site, in the dwelling unit, throughout the visitors' stay. b) Hosting Platform. A marketplace in whatever form or format which facilitates the Home - Sharing or Vacation Rental, through advertising, match - making or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. c) Vacation Rental. Rental of any dwelling unit, in whole or in part, within the City of Santa Monica, to any person(s) for exclusive transient use of 30 consecutive days or less, whereby the unit is only approved for permanent residential occupancy and not approved for transient occupancy or Home - Sharing as authorized by this rd Chapter. Rental of units within City approved hotels, motels and bed and breakfasts shall not be considered Vacation Rental. 6.20.020 Home - Sharing Authorization a) Notwithstanding any provision of this Code to the contrary, Home - Sharing shall be authorized in the City, provided that the Home - Sharing host complies with each of the following requirements: 1) Obtains and maintains at all times a City Business License authorizing Home - Sharing activity. 2) Operates the Home - Sharing activity in compliance with all Business License permit conditions, which may be imposed by the City to effectuate the purpose of this Chapter. 3) Collects and remits Transient Occupancy Tax ( "TOT'), in coordination with any Hosting Platform if utilized, to the City and complies with all City TOT requirements as set forth in Chapter 6.68 of this Code. 4) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of Home - Sharing activities. 5) Complies with all applicable laws, including all health, safety, building, fire protection, and rent control laws. 6) Complies with the regulations promulgated pursuant to this Chapter. b) If any provision of this Chapter conflicts with any provision of the Zoning Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail. 5 6.20.030 Prohibitions a) No person, including any Hosting Platform operator, shall undertake, maintain, authorize, aid, facilitate or advertise any Home - Sharing activity that does not comply with Section 6.20.020 of this Code or any Vacation Rental activity. 6.20.050 Hosting Platform Responsibilities The operator / owner of any Hosting Platform shall: a) be responsible for collecting all applicable TOTs and remitting the same to the City. The Hosting Platform shall be considered an agent of the host for purposes of TOT collections and remittance responsibilities as set forth in Chapter 6.68 of this Code. b) disclose to the City on a regular basis each Home Sharing and Vacation Rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay. 6.20.080 Regulations The City Manager or his or her designee may promulgate regulations, which may include but are not limited to permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, to implement the provisions of this Chapter. No person shall fail to comply with any such regulation. 6.20.090 Fees The City Council may establish and set by Resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter. N 6.20.100 Enforcement. a) Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. b) Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs, pay all back TOTs, and remit all illegally obtained rental revenue to the City so that it may be returned to the Home- Sharing visitors or used to compensate victims of illegal short term rental activities. c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code. d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees. e) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law. 1'I SECTION 2. 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. SECTION 3. 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: Wildw i MAR A JO S MOUT cIE City Attorney U. Approved and adopted this 12th day of May, 2015. ILI k Kn McKeown, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2484 (CCS) had its introduction on April 28, 2015, and was adopted at the Santa Monica City Council meeting held on May 12, 2015, by the following vote: Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tern Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2484 (CCS) was duly published pursuant to California Government Code Section 40806 . ATTEST: Sara P Gorman, City Clerk 1 City Council Meeting: September 24, 2019 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE AD MINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE SAN TA MONICA MUNICIPAL CODE, SETTING CIVIL PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF PENALTIES, SETTING FINES FOR POLICE AND FIRE DEPARTMENT RESPONSES TO EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR THE SANTA MONICA PUBLIC L IB RARY W HEREAS, 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 (“Ordinance No. 20 43”); and W HEREAS, Ordinance No. 2043 added Chapter 1.09 to the Municipal Code, which authorizes the imposition of fines for certain code violations through the issuance of administrative cita tions; and W HEREAS, 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) d ays from the date of issuance of the administrative citation; and 2 W HEREAS, 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 W HEREAS, effective enforcement of regulations governing vehicles for hire and taxicabs is a critical component of the City’s co mmitment 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 W HEREAS, the California Vehicle Code and the Santa Monica Municipal Code authorize the City to establish a schedule of parking penalties for parking violations and for the late payment of such penalties; and W HEREAS, California law provides that such parking penalties are civil in nature and subject to administrative enforcement; and W HEREAS, the amount of such parking penalties may be set by resolution; and W HEREAS, there is a constant and heavy demand on police services; and W HEREAS, false alarms are significant and unnecessary drains on precious police resources; and W HEREAS, diversion of police resources to respond to false a larms hampers response efforts for actual emergencies and thus endangers public safety; and W HEREAS, Chapter 3.56 of the Santa Monica Municipal Code authorizes the imposition of a police false alarm response fine; and W HEREAS, false fire alarms responses result in the reduction of significant Fire Department resources necessary for response to actual emergencies, thereby causing a negative impact on the overall safety of the community; and 3 W HEREAS, historical records of false fire alarm responses indicate that many locations have had three (3) or more emergency responses to false fire alarms during the same fiscal year; and W HEREAS, Chapter 8.44.150 of the Santa Monica Municipal Code authorizes the imposition of a false fire alarm response fine to recover the Fire Department’s costs in responding to repetitive false a larms and provides that such fine shall be set by resolution of the City Council; and W HEREAS, library f ines ensure that library materials are returned so that libraries can serve their primary purpose; and W HEREAS, the Library Board, which has charge of the administration of the Santa Monica Public Library and empowered to make and enforce such by-la ws, rules and regulations as may be necessary for the administration, government and protection of the City Library, has approved of these fines; and W HEREAS, on June 25, 2013, the City Council adopted Resolution N umber 10754 (CCS) (“Resolution No. 10754”) to adopt fines and to consolidate prior resolutions adopting fines in order to streamline the process for adopting and collecting City fines and to further allow the public to more easily gather information about such fines; and W HEREAS, since 2013, the City has regularly updated its consolidated master fine schedule; and W HEREAS, most recently, on June 25, 2019, the City Council adopted Resolution Number 11183 (CCS) (“Resolution 11183”) to: establish non-standard fines for violations of Sections 4.27.010 and 4.36.1 00 of the Santa Monica Municipal Code to 4 enhance enforcement of housing protections; establish non-standard fine amounts for violations of sections 6.36.030, 6.36.040, 6.36.050, and 6.36.110 of the Santa Monica Code relating to the street vendors; and establish non-standard fine amounts for violations of sections 6.49.040, 6.49.060, 6.49.70, 6.49.80, 6.49.140, and 6.49.150 of the Santa Monica Code relating to taxicab operations; and W HEREAS, the City now desires to revise its master fine schedule in order to: establish non-standard fine amounts for violatio ns of Sections 4.27.030 and 4.27.040 of the Santa Monica Municipal Code to enhance enforcement of housing protections; and establish a non-standard fine amount for violations of home-sharing and vacation rental regulations as set forth in Section 6.20.030 of the Santa Monica Municipal Code; and NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOW S: SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“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 Municipal 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 of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Municipal Code provision by the same responsible party within th irty-six (36) months from 5 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, excl usive 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, are hereby established as set forth in the attached Exhibits 1 and 2 for any first violation. SECTION 5. The Schedule of Civil Penalties for Parking Violations and for Late Payments are hereby established as set forth in the attached Exhibit 3. SECTION 6. The penalties listed in Exhibit 3 for a Santa Monica Municipal Code or California Vehicle Code section shall apply to all unlisted subsections, p rohibiting the same violations. 6 SECTION 7. The fines for the second, third and fourth Police Department responses to a false alarm within the same fiscal year are hereby established as set forth in the attached Exhibit 4. SECTION 8. A false fire alarm response fine (“Response Fine”) for the third and subsequent response by the Fire Department to a false alarm at the same location during a fiscal year for purposes of recovering costs associated with resources and services provided by the Santa Monica Fire Department in connection with response s to excessive false fire alarms is hereby established as set forth in the attached Exhibit 4. SECTION 9. Library fines are hereby established as set forth in the attached Exhibit 5. SECTION 10. All fines established by this Resolution shall become effective immediately upon adoption. SECTION 11. Resolution 11183 is hereby repealed in its entirety. SECTION 12. If there are any conflicts between the fines adopted in this Resolution and the fines adopted in any prior Resolution or schedule, the fines adopted pursuant to this Resolution shall control. 7 SECTION 13. The City C lerk shall certify to the adoption of this Resolution, and the same shall be in fu ll force and effect. APPROVED AS TO FOR M: LANE DILG City Attorney Exhibit 1: Administrative Citation Fine Schedule Exhibit 2: Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations Exhibit 3: Schedule of Civil Penalties for Parking Violations and for Late Payments Exhibit 4: False Alarm Fine Schedule Exhibit 5: Library Fine Schedule Exhibit 1 - Administrative Citation Fine Schedule Code Secti on Violation Descript ion(s) Fine SMMC 3.21.040 (a) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices without Shared Mobility Device Operator Permit $500 SMMC 3.21.040(b) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices in excess of Shared Mobility Device Operator Permit $500 SMMC 4.04.070 Permit required to keep certain animals $500 SMMC 4.04.080 Restrictions on keeping horses, mules, burros, or jacks $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 F&AG 30503 Impounded dogs, unspayed/unneutered (pass through to State) $40 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 SMMC 4.04.410 Vicious dogs, restrictions $1,000 SMMC 4.08.270 Restrictions on leafblower operation $500 SMMC 4.12.060 Exterior Noise Standards $500 SMMC 4.12.070 Excessive Vibration $500 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 activit y-hours & noise limits $500 SMMC 4.12.120 Failure to Post Construction Hours S ign $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 4.27.010 Disruption of housing services $500 SMMC 4.27.030 Tenant Evictions for Owner Occupanc y $1,000 SMMC 4.27.040 Occupancy Permits $1,000 SMMC 4.36.100 Temporary Relocation Assistance $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 4.56.020 Prohibition - Tenant Harassment $1,000 SMMC 4.56.050 Buyout Offers and Agreements - Tenant Harassment $1,000 SMMC 4.62.015 (a-e) Minimum W age Payment $500 SMMC 4.62.015 (f) Minimum W age Bulletin $100 SMMC 4.62.015 (g) Minimum W age Record Keeping $500 SMMC 4.62.025 Paid Sick Leave $500 SMMC 4.62.040 Service Charges $500 SMMC 4.62.060 Unlawful Practices $500 SMMC 4.62.070 Retaliation $1,000 SMMC 4.62.100 Compliance with Enforcement $1,000 SMMC 4.63.015 Hotel W orker Minimum W age Payment $500 Admini strative Ci tati on Fines # E1 - 1 Code Secti on Violation Descript ion(s) Fine SMMC 4.63.025 Paid Sick Leave $500 SMMC 4.63.040 Service Charges $500 SMMC 4.63.060 Unlawful Practices $500 SMMC 4.63.070 Retaliation $1,000 SMMC 4.63.100 Compliance with Enforcement $1,000 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 W ay $250 SMMC 5.08.330 Obstruction of W ater Meter/Gate Valves $250 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 Pre vention 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 Falsif ying 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 W ithout Permit $500 SMMC 6.28.040 News rack-Maintenance and Installation Standards $250 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 6.49.040 Taxicab Franchise - Suspension or Revocation $1,000 SMMC 6.49.060(a) Taxicab Franchise Fees - Annual Franchise Fee $1,000 SMMC 6.49.060(b) Taxicab Franchise Fees - Annual Taxicab Vehicle Permit Fee $1,000 SMMC 6.49.060(c) Taxicab Franchise Fees - Annual Taxicab Driver's Permit Fee $1,000 SMMC 6.49.070 Taxicab Franchise - Signage $500 SMMC 6.49.080 Taxicabs -Taxicabs Identification Decal Required $5,000 SMMC 6.49.090 Taximeters and Rates $250 SMMC 6.49.100 Parking of Vehicles - Stands $250 SMMC 6.49.110 Taxicab Identification and Vehicle Operating Requirements $500 SMMC 6.49.120 Taxicabs-Full Use of Taxicab $500 Admini strative Ci tati on Fines # E1 - 2 Code Secti on Violation Descript ion(s) Fine SMMC 6.49.130 Access to passengers on business establishment premises; exclusive arrangements limited $500 SMMC 6.49.140(a) Unauthorized taxicab services prohibited; e xception $5,000 SMMC 6.49.140(c)-(e) Unauthorized taxicab services prohibited; e xception $1,000 SMMC 6.49.150 Rules and regulations $1,000 SMMC 6.116.040 Unauthorized Display on Municipal Pier $250 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 6.20.030 Ad vertising, Facilitating, or Operating a Vacation Rental $1,000 SMMC 6.200.030 Failure to comply with commercial cannabis administrative regulations $1,000 SMMC 6.200.040 Failure to comply with commercial cannabis permit conditions $1,000 SMMC 6.200.060 Insurance requirements $1,000 SMMC 6.200.070 Conformance with applicable la ws $1,000 SMMC 6.201.010 Permit Required (Retail) $1,000 SMMC 6.202.010 Permit Required (Light Manufacturing) $1,000 SMMC 6.203.010 Nonmedicinal Cannabis Uses Prohibited $1,000 SMMC 6.36.030 Vendor Permit Required: First Violation $250 SMMC 6.36.030 Vendor Permit Required: Second Violation within one year of the first violation. $500 SMMC 6.36.030 Vendor Permit Required: Each additional violation within one year of the first violation. $1,000 SMMC 6.36.040 Restricted Vending Time and Locations - First Violation $100 SMMC 6.36.040 Restricted Vending Time and Locations - Second Violation $200 SMMC 6.36.040 Restricted Vending Time and Locations - Each Additional Violation (after first and second violations) $500 SMMC 6.36.050 Vending Requirements and Prohibitions - First Violation $100 SMMC 6.36.050 Vending Requirements and Prohibitions - Second Violation $200 SMMC 6.36.050 Vending Requirements and Prohibitions - Each Additional Violation (after first and second violations) $500 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - First Violation $100 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Second Violation $200 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Third Violation $500 SMMC 6.36.110 Failure to comply with vehicle vending regulations - First Violation $250 SMMC 7.04.210 Regulations for Resurfacing W ork in Public W ay $250 SMMC 7.04.230 Excavation in Public W ay-Vehicle Crossing $250 SMMC 7.04.240 Excavation in the Public W ay-Per Plat/Application $250 SMMC 7.04.240 Excavation in the Public W ay-Due Diligence $500 SMMC 7.04.490 Connection of Sewer W ithout Permit $500 SMMC 7.04.650 Sewage from Vehicle into Sewer System W ithout Permit $500 SMMC 7.04.670 Materials/Equipment in Public W ay W ithout Permit $500 SMMC 7.04.700 Revocation of Permits-W ork to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials/Equipment in Public W ay $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public W ay $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 SMMC 7.04.760 Construction Debris in Public W ay $500 SMMC 7.06.050 Permit Required - W ork in the Public Right-of W ay $500 SMMC 7.06.330 Excavation Requirements $500 SMMC 7.06.340 Construction Requirements $250 SMMC 7.10.080 Urban Runoff Pollution Control Practices-All Properties $500 SMMC 7.10.090 Urban Runoff Reduction Requirements $500 SMMC 7.10.100 Urban Runoff Requirements for Construction Sites $500 SMMC 7.12.060 Temporary W ater Service W ithout Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City W ater $500 Admini strative Ci tati on Fines # E1 - 3 Code Secti on Violation Descript ion(s) Fine SMMC 7.16.020 Excessive W ater Use $250 SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building/Structure on City Street W ithout Permit $500 SMMC 7.40.110 Planting of Tree in Parkway W ithout Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 SMMC 7.40.110 Injure/Interfere W ith City Tree-No Replacement Required $500 SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure/Interfere W ith 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 W eeds $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 W ay 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 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 W ork W ithout Permit $500 SMMC 8.08.070 Construction W ork with E xpired Permit $500 SMMC 8.08.110 Installation of W ork from Unapproved Fabricator $500 SMMC 8.08.130 Occupancy Prior to Issuance of Certificate of Occupancy/ Final Inspection Approval $500 SMMC 8.08.160 Connection to Utilities W ithout 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 8.12.090 Failure to Provide Special Inspection as Required $1,000 SMMC 8.12.090 Failure to Provide Structural Observation as Required $1,000 SMMC 8.12.150 Maintaining Pool/Spa/Fountain W ater Clarity $250 SMMC 8.40.020 Fire works Prohibited $1,000 SMMC 8.08.200 Failure to Brace W ater Heater $500 SMMC 8.96.030 Responsibility for Maintenance-Public Nuisances $1,000 SMMC 8.100.010 Construction Means and Methods Plan Required $500 SMMC 8.100.060 Compliance with 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 SMMC 8.104.180 Underground Storage Tank System Monitoring (Major) $500 SMMC 8.108.100 Landscape and Irrigation Requirements $250 SMMC 9.21.050 Over Height Hedge wall or fence, Encroaching hedges $250 SMMC 9.21.180 Hazardous Visual Obstructions $500 SMMC 9.21.130 Refuse and Recycling Storage Areas $250 SMMC 9.21.080 Outdoor Commercial Lighting Standards $250 SMMC 9.21.080 Glare Beyond Property $250 SMMC 9.21.100 Storage in Required Front/Side Yard or Vacant Lot $500 SMMC 9.27.080 Illegal Nonconforming Occupancy/Use $1,000 SMMC 9.28.030 Maintain Use of Required Off-street Parking Space $250 SMMC 9.28.080 Maintain E xisting Loading Space $250 SMMC 9.28.120 Storage in Parking Space $250 SMMC 9.28.120 Marking of Parking Spaces $250 SMMC 9.28.120 W heel Stops $250 SMMC 9.28.140 Number of Bicycle Spaces Required $250 SMMC 9.28.150 Number of Vanpool, Carpool Spaces Required $250 SMMC 9.29.040 Residential Building Record-Failure to Deliver to Buyer $500 SMMC 9.31.060 Auto Repair-Open Door for Noise/Body& Fender $500 Admini strative Ci tati on Fines # E1 - 4 Code Secti on Violation Descript ion(s) Fine SMMC 9.31.060 Auto Repair-Outdoor Repair W ork $1,000 SMMC 9.31.060 Auto Repair-Operating Hours $1,000 SMMC 9.31.060 Auto Repair- Litter $500 SMMC 9.31.060 Auto Repair-Sound $250 SMMC 9.31.060 Auto Repair-Onsite Storage of Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Repair-Test Driving on Unapproved Streets $500 SMMC 9.31.060 Auto Repair-Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Dealership-Vehicles Awaiting Repair in Street/Alley $500 SMMC 9.31.070 Auto Dealership-Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Dealership-Failure to Control Noise $250 SMMC 9.31.070 Auto Dealership-Test Driving on Unappro ved Streets $500 SMMC 9.31.070 Auto Dealership-Loading And Unloading of Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Hours of Operation Near Residential District $1,000 SMMC 9.31.070 Auto Rental- Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Rental-Failure to Control Noise $250 SMMC 9.31.070 Auto Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Failure to Control Noise $250 SMMC 9.31.070 Auto Dealership-Vehicles Awaiting Repair $500 SMMC 9.31.070 Auto Dealership-Test Driving on Unappro ved Streets $500 SMMC 9.31.070 Auto Dealership-Loading And Unloading of Vehicles $1,000 SMMC 9.31.070 Automobile Rental-Failure to Control Noise $250 SMMC 9.31.070 Automobile Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.080 Auto W ash-Vehicles in Public W ay $500 SMMC 9.31.080 Auto W ash-Hours of Operation Near Residential $1,000 SMMC 9.31.150 Neighborhood Grocery Store-Delivery Hours $1,000 SMMC 9.31.185 Failure to comply with medical cannabis zoning regulations $1,000 SMMC 9.31.200 Unapproved sidewalk café in RVC district $500 SMMC 9.31.200 Unapproved sidewalk café in BCD district $500 SMMC 9.31.200 Unapproved sidewalk café in BSC, BSC3, BSC4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C2 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3C district $500 SMMC 9.31.200 Unapproved sidewalk café in C4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C6 district $500 SMMC 9.31.200 Unapproved sidewalk café in CM district $500 SMMC 9.31.200 Unapproved sidewalk cafe in CP district $500 SMMC 9.31.220 Unpermitted Outdoor Uses $500 SMMC 9.31.210 Outdoor Newsstands-Zoning Regulations $250 SMMC 9.31.250 Private Tennis Courts-Lighting $250 SMMC 9.31.280 Restaurant-Hours of Operation Near Residential $1,000 SMMC 9.31.310 Senior Group Housing-Lighting $250 SMMC 9.31.320 Service Station-Vehicle for Repair in Street/Alley $500 SMMC 9.31.340 Game Arcades Bicycle Racks $250 SMMC 9.31.360 Outdoor Antique Markets $250 SMMC 9.31.370 Excessive Yard Sales in the R-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2R D istrict $100 SMMC 9.31.370 Excessive Yard Sales in the R-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-MH D istrict $100 SMMC 9.31.370 Excessive Yard Sales in the OP-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-Duplex District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2B D istrict $100 SMMC 9.31.370 Excessive Yard Sales in the R3R D istrict $100 SMMC 9.48.010 Conditions of Approval for Permits/Approvals for Land Use $500 SMMC 9.53.070 Contents of W orksite Transportation Plans $5/emplo yee/day Admini strative Ci tati on Fines # E1 - 5 Code Secti on Violation Descript ion(s) Fine SMMC 9.53.080 Submission of Emission Reduction Plans and W orksite Transportation Plans $5/emplo yee/day SMMC 9.53.090 Employer Monitoring and Enforcement $5/emplo yee/day SMMC 9.53.140 Developer Monitoring and Remedies for Violation $5/residential unit/day and $5/employee in the project/day SMMC 9.61.180 Prohibited Signs $250 SMMC 9.61.230 Sign On Street, Alley or Public Place $250 SMMC 9.61.240 Failure to Remove Prohibited Nonconforming Sign $1,000 The follo wing 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 la w. CFC 105.1.1 Perm its(s) Required $250 CFC 105.3.3 Occupancy prohibited before approval $1,000 CFC 105.3.5 Posting Permit $125 CFC 105.4.6 One set of approved plans kept on the site of the building or work during which the work authorized is in progress. $125 CFC 105.6.17(5) Perm it (remove fuel by means other than dispensing) $250 CFC 105.6.17(7) Perm it (place temporarily out of service) $250 CFC 105.6.17(8) Perm it (change contents of tank) $250 CFC 105.6.36 Permit Required to Operate a Place of Public Assembly $500 CFC 105.7.10 Hazardous materials construction permit $500 CFC 106.2.2 W ork shall not be done beyond the point indicated without approval. $500 CFC 107.1 Maintenance of safeguards $125 CFC 107.2 Testing and operation of equipment $125 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 109.3.2 Compliance with Orders and Notices $500 CFC 109.3.4 Removal/Destruction of Sign/Tag $250 CFC 110.1 Unsafe Building $500 CFC 110.1.1 Unsafe Conditions $500 CFC 110.2 Stopping Use, Evacuation $500 CFC 111.1 Stop Order $250 CFC 111.4 Stop Order-Failure to Comply $1,000 CFC 113.3 W ork Commencing Before Permit Issuance $1,000 CFC 301.1 Clothes Dryer Free of Lint $250 CFC 303.2 Fire Protection for Asphalt Kettles $250 CFC 304.1 Combustible W aste Material Accumulation Creating a Fire Hazard $125 CFC 304.1.2 Combustible Vegetation $125 CFC 304.3 Location of Rubbish Dumpsters $125 CFC 305.1 Clearance from Ignition Sources $125 CFC 308.1 Open/Illegal Burning $500 CFC 308.1.5 Candles/Open flame Prohibited $250 CFC 308.1.8 Improper Use of Flaming Food/Beverage $250 CFC 308.3.1 Improper Use of Candle/Open Flame $250 CFC 310.3 No Smoking Signs Posted and Enforced $75 CFC 311.1 Maintain Vacant Building/Property $1,000 CFC 311.3 Combustible/Hazardous Material in Vacant Building $1,000 CFC 315.3 Store Combustible Storage in Orderly Manner $125 CFC 315.3 Provide Clearance Of Heat Producing Appliances and Combustible Materials (keep area lint free) $125 CFC 315.3.1 Required Ceiling Clearance $125 CFC 315.3.2 Combustibles Stored in Exit $250 CFC 315.3.3 Combustible Material in Elec/Mech/Boiler Room $125 CFC 315.3.4 Storage Combustible Materials in Attic or Under floor $125 CFC 315.4 Storage Combustible Materials Outside of Building $125 CFC 401.3 Failure to Report Emergency $500 Admini strative Ci tati on Fines # E1 - 6 Code Secti on Violation Descript ion(s) Fine CFC 401.5 Report False Alarm $500 CFC 404.2 Egress Plan Posted $75 CFC 405.1 Emergency Plans/Fire Drills $125 CFC 405.2 Fire Drills Required $125 CFC 503.4 Obstruct Fire Access Road/Lane $125 CFC 504.1 Maintain Required Access to Building $250 CFC 504.2 Maintain Exterior Doors/Openings $250 CFC 505.1 Premises Identification Required $75 CFC 506 Provide Knox Box $75 CFC 506.1 Knox Key box/Switch Required $75 CFC 506.2 Key Box Maintenance / Key Inventory $75 CFC 507.5.4 Obstruction of Hydrant/Fire Protection Equipment $250 CFC 509.1 Provide Identification Sign On Room/Door $125 CFC 509.1 Identify sprinkler control valves and secure or lock in the open position $125 CFC 510.6 Emergency Responder Radio Coverage System Maintenance $500 CFC 603.4.2 Portable outdoor gas fire heating appliances. $250 CFC 603.5.2 Maintain Heating Equipment/Appliance $125 CFC 603.8.2 Spark Arrestor Required $250 CFC 603.9 Protect Gas Meters/Piping $250 CFC 604.2.5 Failure to Provide Exit Signs with Emergency Power $250 CFC 604.4 Maintain Emergency Power Equipment $500 CFC 605.1 Abate Electrical Hazard $125 CFC 605.3 Obstruct Electrical S witchboard/Panel $125 CFC 605.3 Access to Electrical S witchboard/Panel $125 CFC 605.3.1 Label Electrical Room/Switchboard/Panel $75 CFC 605.4 Provide Listed Power Tap W ith Over-current Protection $75 CFC 605.4.1 Improper Use/Power Taps $75 CFC 605.5 Extension Cords Prohibited $125 CFC 605.5 Improper Use of Extension Cords $75 CFC 605.10.4 Portable, electric space heaters shall not be operated within 3 feet of any combustible materials. $125 CFC 606.8 Failure to have refr igerant detector $500 CFC 609.3 Hoods, Grease-Removal Devices, Fans, Ducts, Etc. shall be Cleaned at Req'd Intervals $250 CFC 703.1 Maintain Fire Resistive Construction $250 CFC 703.1 Maintain Fire Assemblies/Doors $500 CFC 703.2 Obstruction of Fire Assembly/Door $500 CFC 703.4 Test Fire Doors $125 CFC 704.2 Protection of Floor Openings $250 CFC 806.1.1 Natural cut trees shall be restricted in specific occupancies. $125 CFC 807.1 Maintain Flame Resistant Treatment $250 CFC 901.6 Maintain Fire Protection System/Appliance $1,000 CFC 901.7 Fire W atch Required-Problematic Systems $500 CFC 901.8 Tamper with Fire Department Equipment $1,000 CFC 901.8 Tamper with Fire Hydrant/Appliance $1,000 CFC 901.8.1 Tamper with Barriers/Locks/Signs/Seals $1,000 CFC 903.2 Fire Sprinkler System Required $1,000 CFC 903.2.11.6 Additional Fire Suppression System Required $1,000 CFC 904.12 Hood Fire Extinguishing System Required to Protect all Areas $1,000 CFC 904.12.5.2 Provide a Type K Fire Extinguisher $75 CFC 904.12.6.2 Kitchen Hood Extinguishing System Service $250 CFC 906.1 Provide Fire Extinguisher Based on Use/Hazard/Occupancy $75 CFC 906.2 Maintenance and Required Service Intervals for Fire Extinguishers $75 CFC 906.3 Fire Extinguisher Size and Distribution $75 CFC 906.6 Post Signs Indicating Location of Fire Extinguisher $75 CFC 907.2 Fire Alarm System Required to be Installed and Maintained $1,000 CFC 907.2.8 Install and Maintain Smoke Detectors (Existing R-1) $250 CFC 907.8.5 Building owners shall be responsible to maintain the fire and life safety systems in an operable condition at all times. $1,000 CFC 912.4 Maintain Access To and Operation of Standpipes, FDC and Sprinkler control valves $250 CFC 1004.3 Post Occupant Load $125 CFC 1010.1 Failure to Maintain E xit Doors $1,000 Admini strative Ci tati on Fines # E1 - 7 Code Secti on Violation Descript ion(s) Fine CFC 1010.1.9.3 Signage-Doors Unlocked During Business Hours $125 CFC 1010.1.9.4 Exit Door Locked/Secured with Non-approved Lock $1,000 CFC 1010.1.10 Panic Hardware Required $250 CFC 1010.2 Locks on Exit Gates $1,000 CFC 1011.1 Maintain Stairways $250 CFC 1011.11 Maintain Handrails $250 CFC 1011.7.4 Storage Under Stairways $500 CFC 1018.1 Aisles Required $250 CFC 1018.1 Obstruct Aisle or Exitway $500 CFC 1020.3 Maintain Corridor $250 CFC 1029.14 Bonding of Chairs Required $125 CFC 1030.4 Equip Bars/Grates On Sleeping Room W ith Approved Interior Release Devices $1,000 CFC 1030.4 Exit Obstructions $500 CFC 1031.4 Exit Sign illumination Required $250 CFC 1031.7 Obstruct/Maintain Emergency Escapes $1,000 CFC 1104.16.7 Obstruct/Maintain Fire Escape $1,000 CFC 2203.2 Dust Collection Required $250 CFC 2306.7.4 Failure to maintain an approved automatic emergency shutoff valve $500 CFC 2305.6 W arning signs shall be conspicuously posted within sight of each dispenser in the fuel dispensing area. $125 CFC 2404.2 Spray-Finish Operations Prohibited $1,000 CFC 2404.4 Fire Protection System Required for Spray Booths/Rooms $1,000 CFC 3313.1 Standpipe System Required During Construction $1,000 CFC 3504.1.1 Hot W ork-Clearance to Combustibles $250 CFC 3504.1.7 Hot W ork-Non Approved Location $250 CFC 3504.2.6 Fire Protection Equipment for Hot W ork $250 CFC 3505.2 Storage of W elding Equipment $250 CFC 5001.3.3 Performance requirements of equipment/documentation $250 CFC 5001.3.3.8 Detection of gas or vapor release. $500 CFC 5001.5.1 Hazardous Material Management Plan $1,000 CFC 5001.5.2 Hazardous Materials Inventory Statement $1,000 CFC 5001.6.1 Permit/Monitoring requirements for out-of-service facilities $250 CFC 5003.1 General/Hazardous Materials $500 CFC 5003.1.1 Maximum Allowed Quantity Per Control Area $500 CFC 5003.2 Design/maintenance of equipment for ha zardous materials $250 CFC 5003.2.2.1 Provide Emergency Shut-off Valves and Signs $250 CFC 5003.2.9.2 Testing frequency $125 CFC 5003.2.5 Empty Containers and Tanks $125 CFC 5003.2.6 Maintenance of Equipment, Machinery, and Req'd Detection and Alarm $500 CFC 5003.2.6.2 Defective Cylinders, Containers and Tanks Shall Be Removed from Service $250 CFC 5003.2.9 Required Testing of Equipment, De vices and Systems per 5003.2.9.1 $500 CFC 5003.3.1 Release of Hazardous Materials $1,000 CFC 5003.3.1.2 Provide Approved Method to Control Unauthorized Spills $250 CFC 5003.4 MSDS Forms Required $125 CFC 5003.5 Provide Hazardous Identification Signs $125 CFC 5003.5.1 Provide Markings or Labels on Containers or Packages $125 CFC 5003.9.1 Training of Personnel/W ritten Procedures $500 CFC 5003.9.3 Provide Guard Posts to Protect Storage Area or Tanks $250 CFC 5003.9.5 Provide Approved Means to Prevent Static Electricity Charge $250 CFC 5003.9.8 Separate Containers of Incompatible Materials $500 CFC 5003.9.9 Provide Shelves with Lip or Guard $125 CFC 5004.1 General Storage of Hazardous Materials $500 CFC 5004.2.2 Provide Secondary Containment for Hazardous Materials $250 CFC 5004.2.2.5 Approved monitoring method $250 CFC 5004.11 Keep Storage Area or Tanks Clear of Combustible Material $250 CFC 5005.2.1.4 Secondary Containment for Liquid Used in Open Systems Inside a Building $250 CFC 5005.3.5 Secondary Containment for Liquid Used in Open Systems Outside a Building $250 CFC 5303.4.3 Provide Labels on Gas Piping $125 Admini strative Ci tati on Fines # E1 - 8 Code Secti on Violation Descript ion(s) Fine CFC 5303.5.3 Secure Compressed Gas Cylinders $125 CFC 5307.5 Failure to provide mechanical ventilation or emergency alarm system where CO2 can collect $500 CFC 5703.3 Site Assessment $500 CFC 5704.2.7.10 Leak Reporting $1,000 CFC 5704.2.11.3 Overfill prevention system $125 CFC 5704.2.11.4.2 Approved method of leak detection $500 CFC 5704.2.13.1.2 Conditions for tanks out of service for 90 days $500 CFC 5704.2.13.1.3 Conditions for tanks out of service for 1 year $1,000 CFC 5704.3.1.1 Store Flammable/Combustible Liquids in Approved Container $250 CFC 5704.3.2 Store Flammable/Combustible Liquid in Approved Cabinet(s) $250 CFC 5704.3.3.3 Remove Flammable Liquids Near Exits $500 CFC 5705.2.4 Discontinue Gravity Dispensing $250 CFC 5705.3.6 Discontinue Cleaning Inside Building with Flammable Liquids $500 CFC 5705.3.7.5.3 Provide Secondary Containment—Flammable and Combustible Liquids $250 CFC 5707.1.1 Approval/Permit Required for Mobile Fueling $250 CFC 6109.4 LP-gas containers stored near exit access doors, exits, stairways and/or areas used as means of egress $500 Late Payment Cha rges: 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 Cit y, 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. Standard Fine: Except as otherwise specifically set forth , the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“administrative citation fine amount”) for a first violation of the Santa Monica Municipal Code by a person shall be Seventy-Five Dollars ($75.00). 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 of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Code provision by the same responsible party within thirt y-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. Admini strative Ci tati on Fines # E1 - 9 Exhibit 2 - Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations SCHEDUL E I SCHEDUL E OF FINES FOR V IOL ATION OF T AX IC AB RULE S AND REGU L ATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Departm ent’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 en d of each rule. Each day that a vi olation continues shall constitute a separate and distinct violation. If a penalty due date falls on a week end or holiday, penalties are due the next City business day. Any suspension of a permit shall be recorded on the driver’s Perm it Suspension Record and will be considered when applying Taxicab Rule 306f. A permittee m ust 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: W henever the cum ulative amount of the m onetary penalty assessed against any franchisee for any calendar quarter period exc eeds $10,000, the franchisee’s franchise is subject to imm ediate suspension. LEGEND: S R IOS = Suspension = Revocation = 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 sam e driver , vehicle permittee, or franchi see is guilty of a second or subsequent violation of the sam e rule or any combination of the rules listed for the sam e Progressive Penalty Schedule withi n any 24-m onth period. W hen IOS appears in a penalty, a driver or vehicle m ay be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer. Penalty Schedules Penalties First Violation Penalties Second Violation Penalties Third Violation Penalties Fourth or More Violation Penalties Conduct / Public Safety Violation Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchise e Driver or Vehicle Permittee Franchisee Schedule A $50 $50 $100 $100 $150 $150 $250 or Suspension IOS $500 $500 or Suspension IOS $300 Schedule B N/A $100 N/A $200 N /A $300 N/A $500 N/A $500 IOS Schedule C $250 or Suspension IOS $500 $500 or Suspension IOS $2,500 See Penalties Conduct / Public Saf ety Violation N/A N /A $1,000 or Revocation IOS $2,500 Schedule D N/A $1,000 IOS N/A $5,000 or Suspension IOS See Penalties Conduct / Public Saf ety Violation N/A N/A N/A $5,000 or Suspension IOS Taxi cab Fines # E2 - 1 ASSIGN ED 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-Conduc t or B-Conduct 210 Schedule A-Conduc t or Schedule B -Conduct 211 Schedule B 212 Schedule B 213 Schedule B–Public Safety 214 Schedule A-Conduc t 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 Saf ety 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 243. Schedule B 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. Schedule C – 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 Taxi cab Fines # E2 - 2 Taxicab Rule Penalty Schedule 410. Schedule A 411. Schedule A-Conduc t f or 1st Violation , Schedule C-Conduct f or 2nd Violation 412. Schedule C–Conduct 413. Schedule C–Conduct 414. Schedule A-Conduc t f or 1st Violation , Schedule C– Conduc t f or 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 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 430l. Schedule A-Conduct 430m. Schedule A-Conduct 430n. Schedule A 430o. Schedule A 431. Schedule A 432. Schedule A-Conduc t or Schedule C –Conduct at the Disc retion of th e 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 Taxi cab Fines # E2 - 3 Taxicab Rule Penalty Schedule 447. Schedule A–Public Safety 448. Schedule A 449. Schedule A 450. Schedule A 451. Schedule A 452. Schedule A 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-Conduc t 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-Conduc t or Schedule B -Conduct 606. Schedule A-Public Safety or Schedule B – Public Saf ety 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 Saf ety 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 617. Schedule B 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 Taxi cab Fines # E2 - 4 Taxicab Rule Penalty Schedule 631. Schedule A–Public Safety or Schedule B-Public Safety 632. Schedule B – Public Safety 701. none 702. none 703. none Taxi cab Fines # E2 - 5 Exhibit 3 - Schedule of Civil Penalties for Parking Violations and for Late Payments SANTA MONICA MUNICIPAL CODE VIOLATIONS Code Description City Penalty Current Total Late Payment 3.04.030(a) B each Park ing Lot Perm its (S unset to S unrise) $40.50 $12.50 $53.00 $53.00 3.04.050(a) P aym ent of P osted Fee Required-A ttendant $40.50 $12.50 $53.00 $53.00 3.04.050(b) P aym ent of P osted Fee Required-P ay Machine $40.50 $12.50 $53.00 $53.00 3.04.100 P arking S paces $40.50 $12.50 $53.00 $53.00 3.06.040 Car S hare P erm it Required $40.50 $12.50 $53.00 $53.00 3.08.110 P ref erential P ark ing $51.50 $12.50 $64.00 $64.00 3.12.270 Disobey Posted Signs $51.50 $12.50 $64.00 $64.00 3.12.380 P arking on Drive A pron/P ark way/Sidewalk $40.50 $12.50 $53.00 $53.00 3.12.730 Green Zone - 15 Minutes $40.50 $12.50 $53.00 $53.00 3.12.740 Yellow Load Zone 7am - 6pm Mon-S at $40.50 $12.50 $53.00 $53.00 3.12.760 W hite Zone - Max of 3 Minutes $40.50 $12.50 $53.00 $53.00 3.12.780 P arking on Sand $40.50 $12.50 $53.00 $53.00 3.12.790(a) A ngle Park ing $40.50 $12.50 $53.00 $53.00 3.12.790(b) Head in P ark ing $40.50 $12.50 $53.00 $53.00 3.12.820 Block Passage of Vehicle In Alley $40.50 $12.50 $53.00 $53.00 3.12.830 P arking Prohibited in Specif ied Places $51.50 $12.50 $64.00 $64.00 3.12.840 Overtim e Park ing $51.50 $12.50 $64.00 $64.00 3.12.845 Street Sweeping $51.50 $12.50 $64.00 $64.00 3.12.850 30 Mi nute P arking Between 3-5 am $40.50 $12.50 $53.00 $53.00 3.12.860 Oversize V ehicles - 9pm - 6am $40.50 $12.50 $53.00 $53.00 3.12.870 Oversize Commercial V ehicle in Residential A rea $40.50 $12.50 $53.00 $53.00 3.12.880 P arking of Trailers $40.50 $12.50 $53.00 $53.00 3.12.890 V ehicle P ark ed f or Advertising $40.50 $12.50 $53.00 $53.00 3.12.910 W ash Car - S treet Alley $40.50 $12.50 $53.00 $53.00 3.12.920 Storing/S ervicing/Rebuilding - P ublic W ay $40.50 $12.50 $53.00 $53.00 3.12.930 P arking on Private Property w/o Perm ission $40.50 $12.50 $53.00 $53.00 3.12.950 P arking on Private Unpaved Lot $40.50 $12.50 $53.00 $53.00 3.12.1000 V ehicle P arked on Street f or S ale $40.50 $12.50 $53.00 $53.00 3.12.1010 Unattended Vehicle -Keys in Ignition $40.50 $12.50 $53.00 $53.00 3.12.1050 P arked on Front Law n $40.50 $12.50 $53.00 $53.00 3.16.120 Operating a Park ing Meter $40.50 $12.50 $53.00 $53.00 3.16.240 O/T Meter P arking - Past Tim e Lim its $40.50 $12.50 $53.00 $53.00 3.16.241 O/T Lot P arking - Past Tim e Lim it $40.50 $12.50 $53.00 $53.00 3.16.250 E xpired Meter $40.50 $12.50 $53.00 $53.00 3.16.260 P arking Beyond Meter Space $40.50 $12.50 $53.00 $53.00 C ALIFORNIA VEHICLE CODE V IOL ATIONS Code Section Description Penalty Am ount Current State Fees Total Penalty Late Paym ent Penalty Am ount 5200 Failure to Display Both Plates $25.00 $0.00 $25.00 $25.00 5201 P ositioning of Plates $25.00 $0.00 $25.00 $25.00 5204 No Current License Plate Tab $25.00 $0.00 $25.00 $25.00 21113A Illegally P ark ed on State P roperty $25.50 $12.50 $38.00 $25.00 21211B P arked in Bik e Lane $40.50 $12.50 $53.00 $53.00 Parking Fines # E3 - 1 Code Description City Penalty Current Total Late Payment 22500a P arked in A ny Intersection $40.50 $12.50 $53.00 $53.00 22500b P arked in A ny Crosswalk $40.50 $12.50 $53.00 $53.00 22500c P arked in Any S af ety Zone $40.50 $12.50 $53.00 $53.00 22500d P arked W ithin 15 f eet of Fire Station $40.50 $12.50 $53.00 $53.00 22500e P arked in Front of P rivate/P ublic Drive way $40.50 $12.50 $53.00 $53.00 22500f P arked on Sidewalk (except electric carts) $40.50 $12.50 $53.00 $53.00 22500g P arked near E xcavation Causing Hazard $40.50 $12.50 $53.00 $53.00 22500h Double Parking $40.50 $12.50 $53.00 $53.00 22500i P arked in B us Zone $291.50 $12.50 $304.00 $30.00 22500k P arked on A ny Bridge $40.50 $12.50 $53.00 $53.00 22500I Stopping/Blocki ng Disabled Access Ram p $291.50 $12.50 $304.00 $30.00 22500.1 P arked in Fire Lane $40.50 $12.50 $53.00 $53.00 22502 Curb P arking $40.50 $12.50 $53.00 $53.00 22502a P arked W ithin 18" of Curb $40.50 $12.50 $53.00 $53.00 22507.8a P arked in Handicapped Space w/o ID $386.50 $12.50 $399.00 $30.00 22507.8b Blocking Disabled parking $386.50 $12.50 $399.00 $30.00 22507.8c P arked on/in Handicapped Access Area $386.50 $12.50 $399.00 $30.00 22509 P arked on Hill w/o Securing Vehicle $40.50 $12.50 $53.00 $53.00 22514 P arked within 15 Feet of Fire H ydrant $40.50 $12.50 $53.00 $53.00 22515a V ehicle w.o Driver, E ngine Running $40.50 $12.50 $53.00 $53.00 22515b S etting Brake/Lock W heels on Highway $40.50 $12.50 $53.00 $53.00 22516 V ehicle Locked w/o Means to Escape $40.50 $12.50 $53.00 $53.00 22520 P arked on Freew ay - Non-E m ergency $40.50 $12.50 $53.00 $53.00 22520.5a V ending on or Near Free wa ys $40.50 $12.50 $53.00 $53.00 22521 P arked Less than 7.5 Feet f rom RR Track $40.50 $12.50 $53.00 $53.00 22522 P arked Less than 3 Feet f rom Sidewalk Ram p $40.50 $12.50 $53.00 $53.00 22523a,b A bandon Vehicle on Highway $114.50 $12.50 $127.00 $30.00 22526a Gridlock - In Intersection $40.50 $12.50 $53.00 $53.00 22526b Gridlock - During Turn $40.50 $12.50 $53.00 $53.00 UNL ISTE D PROVIS IONS OF THE L AW Code Section Description Penalty Am ount Current State Fees Total Penalty Late Paym ent Penalty Am ount Violation of A ny Other Law Regulating the Park ing or S tanding of V ehicles $40.50 $12.50 $53.00 $53.00 Parking Fines # E3 - 2 Exhibit 4 - False Alarm Fine Schedule Fine Description Fines Police Second and Third responses within the same fiscal year $164.86 each Fourth and subsequent responses within the same fiscal year $247.28 each Fire False Alarm Response: Third and subsequent responses at the same location within the same calendar year. 323.52 each Fal se Alarm Fines # E4 - 1 Exhibit 5 - Library Fine Schedule Fine Description Fines Fines to be assessed per item, per day, holidays included Overdue Adult Book, CD, Audio Book, Periodical $0.25 Overdue Children's Book, CD, Audio Book, Periodical $0.15 Overdue New Adult Book $0.50 Overdue Adult or Children's Video or DVD $1.00 Overdue Interlibrary Loan Material $1.00 Overdue Teen Laptop (m aximum $5.00) 1.00 D(per hour) Processing f or Lost or Damaged Items $7.50 (per item plus cost of item or identical replacement) Collection Agency Ref erral $10.00 Maximum Late Fine f or Adult Materials $10.00 Maximum Late Fine f or Children's Books $5.00 Library Fines # E5 - 1 I t e m 3 - E 0 9 / 2 4 / 1 9 1 o f 2 I t e m 3 - E 0 9 / 2 4 / 1 9 I t e m 3 - E 0 9 / 2 4 / 1 9 2 o f 2 I t e m 3 - E 0 9 / 2 4 / 1 9 REFERENCE: Resolution No. 11202 (CCS)