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SR 08-22-2023 10F City Council Report City Council Meeting: August 22, 2023 Agenda Item: 10.F 1 of 16 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and 2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Pro perties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved. 3. Adopt Resolution Amending the Administrative Citation Schedule of Fines for Fiscal Year 2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant Properties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee Schedule and Removing All Violations of Chapter 8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule. 4. Consider providing direction to staff to return at a future City Council meeting with an item creating a vacant property registration program that includes fees which serve to recover costs associated with the inspection and ongoing monitoring of vacant properties in the City of Santa Monica. Executive Summary The expected lifespan for residential and commercial buildings is between 60 and 80 years. Many factors go into determining the lifespan of a building. This may include the 10.F Packet Pg. 452 2 of 16 upkeep of the building, the use for which the structure is put through, or the methods and materials in the construction process. Per LA County Assessor records, the average age of buildings in Santa Monica is 63 years old. As buildings age, ongoing maintenance and upkeep is needed to ensure the safety , habitability, and quality of life for all that occupy or use them. In the past several years, the City has experienced an increase in concerns regarding the number of properties that are vacant. This has led to the diminishment in the perceived safety and aesthetics of the City. The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for vacant properties. These requirements would be located in a new Article 13, which would also include the public nuisance standards, currently found in Chapter 8.96. These new tools will enable Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the commu nity. Background Property Maintenance: Effective property maintenance codes are necessary to preserve a property, keep it safe, and maintain its good condition for the owner, occupants, neighbors, and broader community. Well-maintained properties help to protect the overall health, safety, welfare, and general aesthetic appeal of a community. Property maintenance codes also preserve the supply of safe, affordable housing that is available to a community. Currently, Code Enforcement staff responds to, and addresses calls for property maintenance concerns. These are frequently submitted through the City’s 311 system as well as by contacting the division directly via phone or email. Often, due to the lack of a comprehensive property maintenance ordinance, these concerns are referred to the Los Angeles County Department of Environment Health (County Health) for follow up. However, per their website, County Health primarily responds to issues which affect the habitability of dwelling units. Non-habitability related issues and commercial and industrial properties are left with only minimal existing standards governing them. The 10.F Packet Pg. 453 3 of 16 City does not have effective, comprehensive tools to address many of these issues in the community. Property maintenance concerns are the core of code enforcement, whose primary goal is to ensure the safety of buildings and the quality of life for all residents, workers, and visitors in Santa Monica. Staff believes that stronger, more in-depth property maintenance provisions are needed to better serve the community. Efficient and effective code enforcement is the best tool for ensuring that residents are able to live in a safe and secure environment. The current practice of referring property maintenance concerns to the County Health is not an efficient method of serving the community. Code enforcement policy should neither burden the tenant with repair costs nor encourage building condemnation as a solution. Instead, code enforcement should encourage a landlord or property owner to improve conditions of their buildings. Vacant Properties: On November 1, 2016, a City Council Study Session on vacant properties was held. Council reviewed and discussed staff’s findings and directed staff to return with a proposed Property Maintenance Ordinance, amending SMMC 8.96, Abatement of Nuisances, to include additional requirements, including new regulations on buildings or structures that are in a state of incomplete construction for an unreasonable period of time. At the time of the Study Session, there were 29 vacant properties in the city known to staff, and staff received 23 complaints related to nuisance conditions on 12 vacant properties over the previous twelve-month period. Currently, staff have informally observed approximately 130 known or suspected vacant or substantially vacant properties in the City. For purposes of surveying the city, properties were considered substantially vacant if it is believed that fewer than half of the units in the building were occupied. The volume of complaints concerning vacant properties has also consistently increased, with 11 received in 2021, 31 received in 2022, and 37 received in the first half of 2023. 10.F Packet Pg. 454 4 of 16 Vacant properties can have an extremely detrimental impact on a neighborhood and the broader community. They pose significant costs to public health, property values, local taxpayers, and more. Failure to address problem properties costs more in the long run and causes more harm over time. Vacant and abandoned properties have negative spillover effects that impact neighboring properties and, when concentrated, entire communities and even cities. Research links foreclosed, vacant, and abandoned properties with reduced property values, increased crime, increased risk to public health and welfare, and increased costs for municipal governments. Impacts can include: • Emotional wellbeing1: Visual evidence of vacancy and neighborhood disinvestment—such as boarded up properties, trash and dumping, and overgrown weeds—has been shown to harm the mental health of neighbors, putting them at greater risk of sadness, depression, stress, and elevated rates of intentional injury. • Violence and crime2: Studies have shown that violent crime, including assaults and gun-related crimes, increase in disinvested neighborhoods with vacant and abandoned properties. • Property equity3: Research has consistently shown that vacant, abandoned, and deteriorated properties reduce the value of surrounding properties, leading to decreases in owners’ equity and personal wealth. • Municipal revenue4: Property taxes are often one of the largest sources of revenue for local governments. Research has shown vacant and abandoned properties lead to a decrease in taxable values of surrounding properties and increase the likelihood of mortgage and tax foreclo sures nearby creating a harmful domino effect that creates revenue challenges for local governments. 1 Burt, Cassidy J., Michelle C. Kondo, Bernadette C. Hohl, Catherine H. Gong, Gregory Bushman, Caroline Wixom, Eugenia C. South, et al. “Community Greening, Fear of Crime, and Mental Health Outcomes.” American Journal of Community Psychology 69, no. 1-2 (2021): 46–58. https://doi.org/10.1002/ajcp.12544. 2 https://repository.upenn.edu/server/api/core/bitstreams/f2882488-9d59-4553-8202- 0e43557da55e/content 3 Whitaker, Stephan D., and Thomas J. Fitzpatrick IV. 2011. “The Impact of Vacant, Tax-Delinquent, and Foreclosed Property on Sales Prices of Neighboring Homes.” Federal Reserve Bank of Cleveland, Working Paper No. 11-23. https://doi.org/10.26509/frbc-wp-201123 4 https://communityprogress.org/wp-content/uploads/2021/08/2017-03-The-Cost-of-Vacant-and-Blighted- Properties-in-Pittsburgh-2-TA-Report.pdf 10.F Packet Pg. 455 5 of 16 • Maintenance and abatement costs5: Local governments incur the costs of remedying nuisances and unsafe conditions, including boarding and securing structures, cutting grass, removing trash and debris, and demolishing unsafe structures. • Public safety costs6: Higher violent and property crime rates and the associated costs to dispatch police and fire services to respond to these crimes are commonly associated with vacant and abandoned properties. Below are two maps with the locations of known or suspected vacant properties overlaying the density of calls for service to the Santa Monica Police and Fire Departments. There appears to be a strong correlation between locations of vacant properties and the number of calls for police services placed between January and November 2022. There does not appear to be as strong of a correlation between vacant properties and calls for service to the Fire Department during this same time frame. 5 https://communityprogress.org/wp-content/uploads/2021/08/2016-06-A-Conservative-Analysis-of-Costs- Imposed-by-Vacant-and-Blighted-Properties-in-Toledo-TASP-Report.pdf 6 https://files.hudexchange.info/resources/documents/VacantPropertiesTrueCosttoCommunities.pdf 10.F Packet Pg. 456 6 of 16 Police Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022) 10.F Packet Pg. 457 7 of 16 Fire Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022) While the County does address habitability-related property maintenance concerns, they do not engage in the City’s Tenant Relocation Program. This requires staff to perform inspections of properties, make habitability determinations, and begin the relocation process when appropriate. These tasks are very time consuming and resource intensive. Currently, the Code Enforcement division is understaffed, with three field staff positions currently vacant. Once fully staffed, the Division will still have fewer positions than before the pandemic. The Division is also tasked with enforcement programs that did not exist pre-pandemic, further straining the ability of the Division to efficiently respond to community concerns. 10.F Packet Pg. 458 8 of 16 Despite the likelihood that the Division’s workload will increase due to the proposed changes to the Code, staff believes that these changes are vital. Ensuring properties are clean and well-maintained are in line with the Clean and Safe Santa Monica council priority. Additionally, the proposed changes will enable the City to better protect and preserve the City’s housing stock and increase the overall quality of life leading to greater sustainability for all Santa Monicans. Past Council Actions In May 2016, the City Council directed staff to begin researching methods to regulate vacant properties in the City. On November 1, 2016, a City Council Vacant Property Study Session was held. Staff returned to the March 7, 2017 City Council meeting with an amendment that added basic security requirements for vacant properties to Chapter 8.96. Additionally, language was adopted which created some broad maintenance standards for all properties in the City as well as made it a public nuisance for buildings to be left in a state of incomplete construction or remain damaged for a period of six months or more. These standards went into effect in May 2017. Meeting Date Description May 10, 2016 (attachment A) 13.B Request of Mayor Vazquez and Councilmember Himmelrich that staff return with proposals for regulation of vacant buildings in Santa Monica, including proposals for registering vacant building, regulating the maintenance of vacant building, and requiring that the owner of building with a valid permit for rehabilitation, repair, or construction of a building complete the rehabilitation, repair, or construction within eighteen months or a specified time certain from the date the permit was issued. Attached is the San Francisco Building Code amendment as an example of desirable amendments and additions November 1, 2016 (attachment B) Vacant Property Study Session March 7, 2017 (attachment C) Property Maintenance Ordinance Amendments March 28, 2017 (attachment D) Second Reading and Adoption of Ordinance Amending Chapter 8.96 of the Santa Monica Municipal Code to Enhance Public Nuisance Regulations 10.F Packet Pg. 459 9 of 16 Discussion The Santa Monica Municipal Code has several basic property maintenance provisions, but they are found throughout the Code, and not centralized in one specific code section. This makes it difficult for any person to look up and find the standards for maintenance of a property. Chapter 8.96 (Abatement of Nuisances) primarily focuses on behaviors and conditions which constitute a public nuisance. The regulations tend to be very broad and cover conditions which are imminent threats to the health, safety, or well-being of a community. The applicable standards set in Chapter 8.96 focus on conditions where a property has already substantially deteriorated and do not help address the prevention of deterioration. Article 9, the Zoning Code, also has several requirements regarding the ongoing maintenance and upkeep of exterior areas of properties, such as landscaping, which affect the aesthetic appeal of a property. Chapter 13.02 (Property Maintenance) and Chapter 13.04 (Vacant Properties) set clear standards which help prevent the deterioration of properties, and protecting the health, safety, and welfare of the entire community. Property Maintenance: Many of the existing property maintenance provisions are found in Chapter 8.96, Abatement of Nuisances, but they are interspersed with other non - property maintenance related nuisances. The proposed amendment removes these provisions from Chapter 8.96 and consolidates them into new Chapter 13.02 that is solely focused on property maintenance issues. Additionally, the new Chapter expands upon and adds new maintenance standards that are more specific and identifiable than what is currently found in the municipal code. References to other applicable municipal code sections are included in the proposed ordinance. While existing code provision primarily focus on issues visible from the exterior of a building, the proposed changes also provide more in-depth protection for the interior of structures, thus better protecting the habitability and safety of residents. A brief overview of the proposed Property Maintenance provisions is below: 10.F Packet Pg. 460 10 of 16 Violations Designated (13.02.060) This section identifies specific conditions that would be violations of the property maintenance provisions. These include: • Attractive nuisances • Deteriorating and defective structures • Rodent, insect, pest infestation • Fire hazard • Hazardous and unsanitary conditions, including mold and mold-like substances • Improper parking or storage of goods, equipme nt, and vehicles • Inadequate or deficient mechanical equipment, plumbing, electrical, • Inadequate sanitation and ventilation • Non-maintenance of landscape and hardscape • Overgrown, dying or dead vegetation • Polluted water • Refuse and waste • Structural hazards • Substandard housing conditions • Clarification of when the city may deem a dwelling unit uninhabitable Violations and Penalties (13.02.080) This section clarifies that violations of Chapter 13.02 are subject to administrative citations, in addition to any other remedy allowed by law. Environmental Testing, Remediation, and Reporting (13.02.090) This section allows the Building Officer or Code Enforcement Manager to require environmental testing to be performed by a licensed professional before and/or after repairs have been made for issues such as mold and excessive moisture. This testing is to be performed at the sole expense of the responsible party. This is similar to language found in SMMC Section 8.08.030.k, which permits the Building Officer to require testing of materials or methods of construction to determine compliance with the intent of the 10.F Packet Pg. 461 11 of 16 Code. Authority to require environmental testing will enable the City to better ensure that the required repairs were performed correctly and thoroughly. Vacant properties: The proposed vacant property standards hold vacant properties to the same basic maintenance standards as any other property in the city but adds additional security requirements that will help ensure the safety and welfare of the community. The proposed Vacant Properties chapter places more onerous regulations on owners of vacant properties with the goal of encouraging owners to keep them occupied or proceed with construction in a timely manner, thus keeping them from becoming vacant in the first place. A summary of the proposed language is below: Applicability (13.04.020) This section clarifies that Chapter 13.04 applies to all vacant properties in the City, irrespective of the zoning designation. Properties that are offered for sale or rent are not subject to the vacant property requirements provided they are maintained in strict compliance with Chapter 13.02, Property Maintenance. Definitions (13.04.030) This section provides definitions for specialized terms that are used throughout the rest of the chapter. • Vacant Properties are now defined as any property that is unoccupied for more than 90 days or where construction has substantially ceased for 90 days or more. Properties where fewer than 35% of the units are occupied are considered to be substantially vacant and are subject to the provisions of the proposed ordinance. General Vacant Property Standards (13.04.040) This section establishes the requirements that are applicable to all vacant properties in the City of Santa Monica and requires all vacant properties to be maintained in conformance with the property maintenance standards found in the proposed Chapter 13.02 (Property Maintenance) 10.F Packet Pg. 462 12 of 16 General Maintenance Requirements – All vacant properties will be required to adhere to certain maintenance standards including: • Weeds, trash and debris must be removed, and landscaping must be maintained . • Groundcover, hardscape, and/or softscape must be installed and maintained. o Any hedges or bushes must be trimmed to no higher than 42” to allow for a clear view to the interior of the property or in compliance with provisions of SMMC 9.21.050 Fences, Walls and Hedges. • Pest and rodent infestations must be promptly abated. • Curtains, blinds, or other window treatments must be removed from ground floor windows to allow a clear view to the interior of any structures. This allows law enforcement personnel to quickly see what type of activity may be taking place inside of a vacant structure. • All furniture or personal property must be removed from the interior of any structure. If law enforcement personnel inspect a vacant property, look through the windows, and see personal items or furniture, they will have reason to believe that the property is being accessed by transients. General Security Requirements - All vacant properties will be subject to certain security requirements, including: • Installation of Fencing – If the Director of Community Development determines it to be necessary, vacant properties can be required to be enclosed with a fence that is six-feet tall and non-view obscuring. This requirement would only affect those properties that pose ongoing threats to the health, safety, and welfare of the broader neighborhood. Well-maintained properties that are not sources of problems to the community would not be required to be fenced. The required fences can be made of wood, wrought iron, or other approved material. Temporary chain-link fences that are easily removeable and are often set into footings that are placed on the ground, rather than having the posts securely sunk into the ground are not permitted under the proposed language. 10.F Packet Pg. 463 13 of 16 • Securing doors and windows of vacant properties with clear polycarbonate material (clearboarding) on sides facing streets and alleys. Plywood is permitted to be used on all other sides. • A combination lock must be installed on all gates or entrances. The current combination would need to be on file with the Police Department as part of the current, valid Trespass Arrest Authorization form. • No Trespassing Signs – Signs shall be posted so as to be visible from all public rights-of-way. • Trespass Arrest Authorization – A current Trespass Arrest Authorization form is required to be on file with the Santa Monica Police Department during the entire period of vacancy. • Motion-Activated lighting must be installed and maintained at all entrances and exits from dusk until dawn. • Documentation of security measures – The owner must provide written documentation of all security measures taken, including alarms, cameras, roaming or on-site security. The Director is granted the authority to modify the security requirements based on the particular facts of each property. • All non-occupied units in a multi-family building must be secured against entry by non-authorized persons. Violations and Penalties (13.04.050) This section specifies that vacant property violations are subject to administrative citations as well as the Nuisance Abatement provisions found in Chapter 13.06. Community Safety and Protection (13.04.060) This section provides flexibility for property owners to request that the City waive certain requirements for warranted situations. Waivers for any or all of the vacant property standards may be requested by submitting a form to the Director, who can approve the request if it is determined that approving the request would not result in harm to the surrounding community. 10.F Packet Pg. 464 14 of 16 Abatement of Nuisances: Chapter 13.06 contains existing language currently residing in Chapter 8.96 of the Code, except for those provisions that are recommended to be included in Chapter 13.02. Staff recommends moving this language from 8.96 to 13.06 to better organize the Code. Staff believe that these provisions are better suited for new Article 13, Neighborhood Preservation, than in Article 8, Buildings, where they a re currently found. Many of the violations in this chapter involve issues that are outside of the Building Code, thus warranting relocation. Future Actions In previous City Council meetings, staff was given direction to create a vacant property registration program. The current proposed ordinance does not include this, but it is an idea that staff believes is worth revisiting. Vacant property registration programs became much more commonplace during and immediately after the foreclosure crisis of the mid- to late-2000s. Since 2016, there has been a 400+% increase in the number of known or suspected vacant properties in Santa Monica. These properties are found in residential, commercial and industrial areas. The lack of ongoing and sustained maintenance requires a systematic program be put in place to ensure these properties do not remain or become a blight on the community. The currently proposed amendments establish basic standards for which all properties can be held accountable to. However, even with the implementation of the changes proposed in this report, it requires heavy investment of time and effort by staff of Code Enforcement, Police, and Fire. A vacant property registration program will allow staff to establish fees for vacant properties that will enable the City to recover costs associated with the ongoing monitoring of these properties to ensure properties meet the minimum established standards. Staff asks that the City Council provide direction to return at a future date with a proposed vacant property registration program which includes fees for cost recovery purposes. Environmental Review The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 (Actions by Regulatory Agencies for 10.F Packet Pg. 465 15 of 16 Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for existing vacant properties, enabling Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the environment. Therefore, the Ordinance is exempt from CEQA pursuant to Section 15308 and Section 15061(b)(3) of the CEQA Guidelines. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code. Staff will return to Council if specific budget actions are required in the future. The recommended actions do include changes to the Master Fine Schedule. Violations of the property maintenance and vacant properties chapters would be added to the administrative citation fine schedule. Violations of the property maintenance provisions may result in fines ranging from $500 to $2,000. Vacant property and public nuisance violations can result in fines ranging from $1 ,000 to $5,000. The fines for violation of Chapter 8.96 will likely be removed from the fine schedule as that chapter would be removed from the Code. Prepared By: Daniel Mick, Code Enforcement Manager Approved Forwarded to Council 10.F Packet Pg. 466 16 of 16 Attachments: A. Ord-CDD-Property Maintenance and Vacant Properties 082223 B. Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties C. Exhibit 2 - Taxicab D. Exhibit 3 - Parking Citation E. Exhibit 4 - False Alarm Fines F. Exhibit 5 - Library Fines G. Revisions to Fine Schedule 10.F Packet Pg. 467 1 City Council Meeting: August 22, 2023 Santa Monica, California ORDINANCE NUMBER ______________(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CREATING ARTICLE 13, NEIGHBORHOOD PRESERVATION, AND CHAPTER 13.02, PROPERTY MAINTENANCE, AND CHAPTER 13.04, VACANT PROPERTIES, AMENDING SECTION 1.08.010 TO ADD ARTICLE 13 TO THE LIST OF VIOLATIONS SUBJECT TO ADMINISTRATIVE FINES AND PENALTIES, AND MOVING LANGUAGE FOUND IN CHAPTER 8.96, ABATEMENT OF NUISANCES, TO NEW CHAPTER 13.06, ABATEMENT OF NUISANCES, AND RETITLING CHAPTER 8.96 TO RESERVED. WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits cities to identify public nuisances by ordinance; and WHEREAS, on March 7, 2017, the Santa Monica City Council adopted Ordinance 2335 (CCS) which amended Chapter 8.96 of the Santa Monica Municipal Code by adding language which established maintenance and security provisions for vacant properties; and 10.F.a Packet Pg. 468 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 2 WHEREAS, on March 11, 2023, the City Council reiterated its support for the Clean and Safe Santa Monica initiative, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and WHEREAS, the amendments to Chapter 8.96, and the addition of Chapters 13.02, 13.04, and 13.06 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed municipal code amendments will create updated standards for properties to prevent negative impacts on neighborhoods. Additionally, many of the provisions and requirements already exist and are being located and strengthened to Article 13 of the SMMC. Preserving neighborhoods and residential quality of life will result in no environmental impacts and will maintain the environmental status quo. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.08.010 of the Santa Monica Municipal Code is hereby amended to read as follows: 1.08.010 Violations, penalty options. (a) Criminal Sanctions. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor, unless otherwise provided. Any person convicted of a 10.F.a Packet Pg. 469 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 3 misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of the same offense three or more times within the twelve month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly. (b) Civil Actions. The City Attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provisions of this Code or any other ordinance of the City, or to enforce administrative penalties or fines imposed. (c) Administrative Fines and Penalties. The City may impose administrative fines or penalties for any of the following acts or omissions: (1) All violations of Articles 3, 4, 5, 6, 7, 8, and 9, and 13 of this Code. (2) Failing to comply with any condition or requirement imposed on or by any entitlement, permit, contract or environmental document issued or approved by the City. Administrative fines may be imposed, enforced, collected, and reviewed in accordance with the provisions of Chapter 1.09. Administrative penalties may be imposed, enforced, collected and reviewed in compliance with the provisions of Chapter 1.10. (d) Nuisance Abatement. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code 10.F.a Packet Pg. 470 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 4 shall be deemed a public nuisance and may be, by this City, abated as such, and each day such condition continues shall be regarded as a new and separate offense. (e) Alternative Remedy. Nothing in this Section shall prevent the City from using one or more other remedies to address violations as established by this Code. SECTION 2. Santa Monica Municipal Code is hereby amended by adding new Article 13 to read as follows: ARTICLE 13 NEIGHBORHOOD PRESERVATION CHAPTER 13.02 PROPERTY MAINTENANCE 13.02.010 Purpose. The purpose of this Chapter is: (a) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety, and welfare; and (b) To put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners and other responsible parties who cause, permit, or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such parties to abate the nuisance; and. (c) The provisions of this Chapter are complementary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this Code, State or Federal laws, regulations, or case law. 10.F.a Packet Pg. 471 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 5 13.02.020 Application. The provisions of this Chapter shall apply to all real property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation. 13.02.030 Definitions. If a word is not defined in this Chapter, then the applicable definitions in Article 9 or other specific cited Code section shall apply. If a word is not defined, then the most common dictionary definition is presumed to be correct: (a) “Attractive nuisance” means any condition or item that is left unprotected and accessible, including any unsecured or unsanitary pools and abandoned or broken equipment or machinery, and any other condition which may reasonably be expected to attract young children under the age of 13 to the premises who would be at risk for injury by playing with, in, or on it, and thereby dangerous to young children by reason or their inability to appreciate the peril therein. (b) “Conveyance” means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other similar equipment. (c) “Director” means the Director of Community Development, or designee. (d) “Dwelling unit” means the same as this term is defined in Chapter 9.52 of this Code. (e) “Enforcement Officer” means the same as this term is defined in Chapter 1.09 of this Code. 10.F.a Packet Pg. 472 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 6 (f) “Graffiti” means any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (g) “Habitable room” or “habitable space” means any space in a building intended for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. (h) “Hardscape” means the man-made features used in landscape architecture, e.g. paths or walls, as contrasted with vegetation. This term includes, but is not limited to, paved areas, driveways, retaining walls, sleeper walls, stairs, walkways, and any other landscaping made up of hard-wearing materials such as wood, stone, and concrete. (i) “Improvement” means any structure that is located on real property. (j) “Inoperable vehicle” means any motor vehicle that is mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code. (k) “Landscape” means an area set aside from structures and parking/driveway uses, which is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, and other plants. Porous materials, such as rock, mulch, decomposed granite, and synthetic turf, can be used in conjunction with living plant materials; however, landscaped areas must be predominantly of living materials and in compliance with Article 9 of this Code. 10.F.a Packet Pg. 473 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 7 (l) “Materials of construction” means any man-made or natural material which is used is the construction of and contributes to the structural integrity of any building or structure. (m) “Multiple-Unit Dwelling” means the same as this term is defined in Section 9.51.020 of this Code. (n) “Operator system” means any device which assists the opening, closing, or locking or unlocking of a door, garage door, or gate. This includes, but is not limited to, call boxes, door phones, intercom systems, and remote entry systems for Multiple- Unit Dwelling properties. (o) “Owner” means the same as defined in Section 1.12.220 of this Code. (p) “Parkway” means all that area exclusive of sidewalk lying between a property line and any curb. (q) “Premises” means any real property or improvements thereon. (r) “Property” includes real property and means any land, and anything growing on, permanently affixed to, or built upon the land. (s) “Responsible person” or “responsible party” shall mean any individual or entity who is responsible for causing or maintaining a violation of this Code, or applicable state codes. The terms “person,” “responsible person” or “responsible party” include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business. “Structure” means anything constructed or erected, regardless of permitting status, the use of which requires 10.F.a Packet Pg. 474 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 8 attachment to the ground or attachment to something located on the ground. For the purposes of this Chapter, the term “structure” includes “buildings.” (t) “Structure exterior” means any exterior wall, wall covering, foundation, roof, or other exterior portion of any structure. This definition only applies to exterior decks if the deck was required to be built with a building permit or if it is physically attached to the main structure. (u) “Structure interior” means any interior wall, floor, ceiling, roof, or other portion of any structure that is structurally related. This definition shall not apply to items including, but not limited to, floor covering, kitchen or bathroom cabinetry, sinks, toilets, and light fixtures. (v) “Substantial deterioration” means serious neglect in maintaining or repairing a building or structure that results in a noticeable decline in the physical quality of the building façade, building features, structural or non-structural elements and weatherproofing. (w) “Weeds” means any plant that is growing where it is not wanted. 13.02.040 Responsibility for maintenance (a) Every owner, occupant, lessee, or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a violation on such property. 10.F.a Packet Pg. 475 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 9 13.02.050 Violations Generally. Anything that is detrimental or injurious to health; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, sidewalk, parkway, street or highway is a violation of this Chapter. 13.02.060 Specific Violations. It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following: (a) Any imminent life safety hazard which creates a present and immediate danger to life, property, health, or public safety. (b) The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property or the parkway for more than 48 hours including, but not limited to any condition which constitutes an attractive nuisance whether within a structure or on the premises. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director. Appliances left unsecured outside for disposal shall have all doors removed. 10.F.a Packet Pg. 476 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 10 (c) Deteriorating and Defective Structures. Any and all improvements located on any property shall be presumed to be in violation of this section if any of the following conditions exist: (1) Peeling paint in excess of an aggregate total of four-square feet of the entire façade (i.e., any exterior side) of a structure; (2) Excessive cracked, crumbling, loose, or broken stucco or other exterior wall coverings or interior covering as determined by the Director; (3) Structure exteriors that are improperly maintained, neglected, or damaged, or in need of repairs (e.g., weatherproofing, insect extermination or water intrusion); (4) Any floor covering, including carpet, tile, and wood flooring, that presents a trip and fall hazard due to being improperly maintained, missing, or damaged; (5) Any structure that is in a state of substantial deterioration which is visible from the public right-of-way; (6) Broken, cracked, or missing windows or doors; (7) Damaged, poorly fitting, or missing window screens, or screens covering vent areas (under floors, in ceilings), or damaged, poorly fitting screens for entrance or balcony doors, or deteriorated metal security doors; (8) Roofs missing shingles, tile, or other material used as roof composition or the material is loose, damaged, substantially deteriorated, or unstable; (9) Roof and flashing that is not sound, tight and weatherproof. Roof drainage that fails to prevent dampness or deterioration in the walls or interior portion 10.F.a Packet Pg. 477 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 11 of the structure. Roof drains, gutters and downspouts that are not maintained in good repair and free from obstructions. Roof water that is discharged in a manner that creates a public nuisance; (10) Improperly maintained awnings, canopies, sunshades, sills, trellises, and other similar architectural features that are damaged, deteriorated and/or in disrepair; (11) Fences, walls, posts, cross-members, slats, and gates that are not plumb and true, not in good repair, rotted, fire damaged, have peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are not constructed of materials treated in a uniform manner; (12) Exterior gates, gate assemblies, operator systems if provided, hardware, and latches that are not maintained in good repair or proper operating condition; (13) Fences, walls, and hedges not maintained according to the standards set forth in Section 9.21.050 of this Code; (14) Unpainted structures experiencing dry rot, termite infestation, or warping; (15) Any decoration, design, device, fence, structure, or clothesline which is deteriorated or in disrepair and unsightly by reason of its condition and is out of harmony or conformity with the maintenance standards of adjacent or surrounding properties so as to cause a diminution of the enjoyment, use or property values of such proximal properties, or its inappropriate location as determined by the Director or a designated City official; (16) Graffiti on private property that is visible from the public right-of-way or any adjacent property; 10.F.a Packet Pg. 478 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 12 (17) Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.08.010; (18) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake, or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit; (19) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code; (20) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision; (21) A conveyance in any Multiple-Unit Dwelling, mixed use, or commercial building that is found to be inoperable, or not maintained in a proper, safe, and good working condition; (22) Faulty materials of construction in any improvements including those materials which are not allowed or approved by the Building Code as adopted by the City and as reported to the Director by the Building Official, or which have not been maintained in a good and safe condition; or 10.F.a Packet Pg. 479 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 13 (23) Buildings and structures, or portions of buildings and structures, that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner; (d) Rodent, Insect, Pest Infestation. Harborage and infestation of rodents, insects, and pests. When found, these conditions shall be exterminated by a licensed professional in a manner that is not injurious to human health. After extermination, documentation of treatment by a licensed professional shall be provided to the Director, and proper precautions and measures shall be taken to prevent future harborage and infestation. (e) Fire Hazard. (1) All violations of applicable conditions of the Fire Code as adopted by the City in Santa Monica Municipal Code Section 8.40.010, and as reported to the Director by the Santa Monica Fire Department. (2) Failure to install or properly maintain any required carbon monoxide detector. (3) Failure to install or maintain any fire or smoke alarm or fire suppression system in good working order. (4) All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing or found upon public or private property, which by reason of their size, condition, manner of growth, or location endangers the public safety by creating a fire hazard to any structure, improvements, crops, or other property, or when dry will, in reasonable probability, create a fire hazard. (5) Any condition which poses a fire hazard. 10.F.a Packet Pg. 480 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 14 (f) Hazardous and Unsanitary Conditions. (1) Discharging, releasing, or allowing the accumulation of any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property. (2) The presence of any visible mold or mold-like substance, as determined by a health officer or code enforcement officer in any habitable room, or a non-minor level of mold in any non-habitable room. Odor is an indicator of the presence of mold, but not a diagnostic; if a musty odor is detected, visual confirmation of a “mold-like substance” is required. (A) This section shall not apply to: (i) Conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices; or (ii) the presence of minor mold that is found on surfaces that can accumulate moisture as part of their functioning and intended use; or (iii) the presence of mold or mold-like substance if observed on household items (e.g., clothing, upholstery, food). (3) Any condition which renders air, food, or drink unwholesome, unsanitary, or detrimental to health. (4) All violations of applicable conditions of the Health Code as adopted by the City in SMMC Section 5.08.370, and as reported to the Director by the Los Angeles 10.F.a Packet Pg. 481 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 15 County Department of Public Health, or any similar agency providing services to the City under the Health Code. (g) Improper Parking or Storage of Goods, Equipment, and Vehicles. (1) Any violation of SMMC Chapter 9.28 Parking, Loading and Circulation or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property. (2) Using or allowing use of any hardscape area for parking which prevents or hinders access to elevators, entrances, exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel. (3) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right- of-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project. (4) Outdoor storage in violation of SMMC Section 9.21.100. (h) Inadequate or Faulty Mechanical Equipment. 10.F.a Packet Pg. 482 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 16 (1) Lack of safe, adequate heating facilities in any dwelling unit or units, hotel, or motel. (2) Heating and Ventilation (A) Minimum Heat Requirements in Residential Rental Units. (i) Every occupied residential unit, as established in SMMC Section 9.51.020, shall be provided with heating facilities capable of maintaining a minimum room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. All individual heating facilities must be fixed and permanently attached and properly wired. Wiring for heaters shall conform to the California Electrical Code. (ii) Such heating facilities shall be installed and maintained in a safe condition and in accordance with the Building Code and all other applicable laws. (B) Buildings in which the heating system is not under the control of the tenant or occupant shall comply with Section 11.20.470 of the Los Angeles County Code. (C) The use of space heaters as the primary source of heat shall not be permitted without prior written consent from the Building Official and Fire Marshall. (3) Mechanical equipment and required screening, including vents, that does not conform with all applicable laws in effect at the time of installation, or which have not been maintained in good and safe condition. 10.F.a Packet Pg. 483 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 17 (4) All violations of applicable conditions of the Mechanical Code as adopted by the City in SMMC Section 8.28.010 and as reported to the Director or designated City official by the Building Official. (i) Inadequate or Faulty Plumbing. (1) Lack of plumbing fixtures required by the Building Code as adopted by the City, as reported to the Director by the Building Official. (2) All violations of applicable conditions of the Plumbing Code as adopted by the City in SMMC Section 8.32.010, and as reported to the Director by the Building Official. (3) Plumbing which does not conform with applicable laws in effect at the time of installation or which has not been maintained in good condition and free of cross connections. (4) Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions, leaks, and defects. (5) Grease interceptors and automatic grease removal devices shall be maintained in accordance with this Code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the Director upon request. (j) Inadequate or Hazardous Electrical Supply, Lighting, and Wiring. 10.F.a Packet Pg. 484 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 18 (1) Lack of required or improperly maintained electrical lighting or convenience outlets in existing residential or commercial occupancies as reported to the Director by the Building Official. (2) Lack of maintenance and repair of lighting fixtures inside dwelling units and in common areas of residential and commercial structures, including courtyards, garages, hallways, lobbies, parking areas and lots, public bathrooms, and walkways. (3) Missing, broken, or improperly installed, or improperly maintained electrical outlets, switches, or wall plates. (4) Broken, malfunctioning, or improperly installed or maintained building entry and intercom systems. (5) All violations of applicable conditions of the Electrical Code as adopted by the city in SMMC Section 8.24.010, and as reported to the Director by the Building Official. (6) Wiring or electrical systems and components that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner. (k) Inadequate Sanitation and Ventilation. (1) Lack of hot or cold running water to plumbing fixtures. (2) Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the City, in SMMC Section 8.12.010. (3) Room and space dimensions less than required by the Building Code as adopted by the City. 10.F.a Packet Pg. 485 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 19 (4) Dampness in habitable rooms or excessive dampness in non-habitable rooms as determined by the Building Official. This section shall not apply to conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices. (l) Non-Maintenance of Landscape and Hardscape. (1) A violation of Santa Monica Municipal Code Sections 5.08.070 (Sidewalks, cleanliness), 5.08.080 (Premises, cleanliness), 7.48.070 (Owner to maintain premises free of litter), 9.21.190 (Unexcavated Yard Areas), 9.26.040 (General Landscaping Standards), 9.21.080 and (Lighting), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways. (2) Persons owning or occupying property shall keep the sidewalk, parkway, gutter, and alley in front of or adjacent to the side or rear of their property free of litter in accordance with Section 7.48.050 of this Code. (3) The owner or person in control of any private property shall at all times maintain the premises free of litter in accordance with Section 7.48.070 of this Code. (4) Maintaining or allowing the maintenance of private property or parkway with a lack of adequate landscaping or approved ground cover material, as defined in Santa Monica Municipal Code Section 9.26.060, sufficient to prevent blowing dust or erosion, or allowing the landscaping on private property or in a parkway to cause a hazard or inconvenience to pedestrians using the public sidewalk. 10.F.a Packet Pg. 486 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 20 (5) Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials. (6) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway. (m) Overgrown, Dying or Dead Vegetation. Overgrown, dying, or dead vegetation on private property or within parkway areas. The following additional requirement shall apply to all vegetation on private property and within parkway areas: (1) Any dead, decayed, diseased or hazardous tree on private property or within a parkway that presents a danger to public safety. (2) Encroaching Hedges. The owner of a hedge shall maintain the hedge in accordance with Section 9.21.050 of this Code. (3) Vegetation that: (A) Harbors the presence of rats or vermin; (B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-of- way, so as to cause an obstruction to any person or vehicle using such public property; or (C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety. (4) Groundcover and similar vegetation shall not be permitted to grow taller than six inches. (5) The premises shall be maintained free of weeds. 10.F.a Packet Pg. 487 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 21 (6) Dead or fallen branches, palm fronds, or similar vegetation shall be promptly removed from the ground or plant. (7) Fallen leaves or other yard waste shall not be permitted to accumulate on any paved surface. Use of leaves as mulch in dirt areas is exempt from this requirement. (8) Vegetation shall be continuously trimmed back to ensure that it does not grow within three feet of overhead power or utility lines. (9) Vegetation, excluding street trees, shall not be permitted to encroach on or obstruct any portion of the street, alley, or sidewalk. (10) Notwithstanding Section 9.21.180 of this Code, vegetation shall not be permitted to grow in a manner that: (A) Blocks, obstructs, or interferes with public improvements, streetlights, or signage to any degree as determined by the Director; (B) Obscures or blocks the visibility, to any degree, of approaching or nearby pedestrians or vehicles on public property; (C) Obscures or blocks the visibility of any person’s view, to any degree, of signs or traffic lights on public property; or (D) Obstructs access to, or use of, a sidewalk, street or highway, or a public easement or dedication to any degree. (11) A determination that vegetation on private property or on an adjoining parkway is dead or dying may include, without limitation, consideration of the following factors: any physical characteristic of appearance evidencing a lack of proper watering or feeding; the creation or promotion of a fire hazard by reason 10.F.a Packet Pg. 488 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 22 therefor; the existence of an infestation of any kind that is injurious to such vegetation; or when diseased or dying vegetation does not substantially respond to remedial care. The City shall require replacement of dead or dying vegetation and the abatement of such a condition. In this event, a responsible person shall first obtain applicable permits and comply with all applicable landscape regulations and requirements in the Municipal Code. (n) Polluted Water. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water. Such structures shall be covered or filled with soil to prevent the accumulation of water. Standing water shall be immediately drained or removed. (o) Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. This includes maintaining or allowing to be maintained refuse and waste materials on private or public property. Compost piles are not considered refuse and waste. (p) Structural Hazards. (1) Deteriorated, damaged, or inadequate foundations. (2) Defective, deteriorated, or inadequate size flooring or floor supports. (3) Defective, deteriorated, or inadequate size members of partitions, walls, or other vertical supports. (4) Defective, deteriorated, damaged, or inadequate size ceiling, roof, or other horizontal supports. 10.F.a Packet Pg. 489 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 23 (5) Defective, damaged, or inadequately constructed fireplace or chimney. (6) Damaged, defective, or deteriorated common area stairways or staircases including risers, runs, landings, and handrails. (7) Damaged, defective, or deteriorated common area walkways including handrails and guardrails. (q) Substandard Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3. (r) Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist: (1) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code. (2) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision. (3) Any substandard building condition listed in the California Health and Safety Code Section 17920.3 where the condition exists to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof, or are severe enough to be unsafe for human habitation as determined by the Building Official. 10.F.a Packet Pg. 490 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 24 (s) Vacant Properties. Vacant properties shall be maintained in compliance with all requirements found in this Chapter and in Chapter 13.04 of the Municipal Code. (t) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City’s planning and zoning laws and regulations. (u) Other Provisions of the Municipal Code. A violation of any other provision of the Municipal Code or Title 24 of the California Code of Regulations, as adopted by the City, that pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare. (v) Impact on Viability of Surrounding Area. To maintain or fail to maintain property, or any structure on it, in a way that its condition contributes to the establishment of a prevalence of depreciated values, impaired investments, and social and economic maladjustments to the extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered. 13.02.070 Correction of Violations. The correction of any conditions described in this Chapter shall be performed in a way that conforms to the minimum standards of the building codes, maintenance practices and aesthetic standards of the surrounding neighborhood, maintains the value and enjoyment of surrounding properties, and promotes the public health, safety, and general welfare of the City. (a) Code and Ordinance Compliance. Corrections of violations and repairs shall comply with all applicable Building, Electrical, Mechanical, and Plumbing Codes as adopted by the City, and City Zoning Ordinance requirements, including all required permits and inspections. 10.F.a Packet Pg. 491 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 25 (b) Manner of Repair. Corrections and repairs of violations shall be performed in accordance with manufacturer’s standards and, where applicable, in compliance with the standards of workmanship of acknowledged trades and as deemed acceptable by the Building Official or Director. (c) Conformity with Existing Materials. Exterior repairs and corrections of violations shall conform with the materials and colors of the complete structures being brought into compliance with the City’s Planning Department and Architectural Review Board procedures and guidelines, unless otherwise approved by the Director. (d) Content. Colors, forms, materials, and shapes used as design elements for any exterior repairs or corrections of violations shall be uniform in content and in compliance with the Architectural Review Board procedures and guidelines. (e) Drought-Resistant Plantings. Landscaping that is installed or replaced shall use in whole or in part, drought-resistant plantings and, where applicable, shall comply with the design standards and guidelines in Chapter 9.26 Landscaping. 13.02.080 Violations and Penalties. (a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter or who does not correct violations in compliance with the requirements of this Chapter, is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation. 10.F.a Packet Pg. 492 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 26 (b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue other remedies under Code Chapter 13.06 (Abatement of Nuisances), or any other local or State laws. 13.02.090 Environmental Testing, Remediation, and Reporting. When violations of this Chapter are found to exist, the Building Officer or Code Enforcement Manager may require the responsible party to obtain and submit, at the sole expense of the responsible party, environmental testing reports from a qualified, licensed testing professional for mold, excessive moisture, or other conditions prior to and/or after repairs have been made. Failure to submit the required testing shall be deemed a violation of this Chapter and is subject to the same penalties as other violations of this chapter. CHAPTER 13.04 VACANT PROPERTIES 13.04.010 Purpose All vacant property shall be maintained in a non-blighted, safe, and secure condition, consistent with the requirements of this Chapter. It is the purpose and intent of the Council, through the adoption of this Chapter, to establish a vacant property maintenance program as a mechanism to protect the Santa Monica community from becoming blighted through the lack of adequate maintenance and security of vacant properties. 13.04.020 Applicability This Chapter shall apply to all vacant or substantially vacant real properties located within the boundaries of the City of Santa Monica, regardless of zoning designation. This chapter shall not apply to a property or building that is actively being sold or offered for rent provided it is maintained in strict compliance with the provisions found in Chapter 13.02 of this Code. 10.F.a Packet Pg. 493 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 27 13.04.030 Definitions. If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct: (a) “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover. (b) “Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite. (c) “Multiple-Unit Dwelling” means the same as defined in Section 9.51.020 of this code. (d) “Sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi- clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (e) “Softscape” means any live vegetation that is incorporated into landscaped areas. (f) “Substantially vacant” means any property where fewer than thirty-five percent of the units are occupied. (g) “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, or where construction, pursuant to an active building permit, is not taking place or where an inspection by the Building and Safety Division, pursuant to an active building permit, has not been conducted within the previous ninety days. 10.F.a Packet Pg. 494 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 28 13.04.040 General Vacant Property Standards. (a) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02, and in such a way that it will not become a public nuisance. (b) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy. (c) General Maintenance Requirements. Vacant properties shall be actively maintained, monitored and secured in compliance with all property maintenance provisions found in Chapter 13.02, and all of the following standards: (1) The property shall be inspected weekly by the property owner, property manager, or their designee. (2) Landscaping: (A) The property shall be kept cleaned, watered and free of weeds; (B) Dead or dying plant material shall be removed; (C) Groundcover vegetation shall not be permitted to grow taller than six inches; (D) Groundcover, hardscape, or softscape shall be installed and maintained on all vacant property throughout the duration of the vacancy. Such landscaping is subject to the approval from the Community Development Director, or designee, and shall comply with the following: 10.F.a Packet Pg. 495 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 29 (i) Plants used for groundcover shall not be allowed to grow taller than six inches; and (ii) Irrigation, adequate for the health and growth of groundcover plants, shall be provided and maintained throughout the duration of vacancy. (E) Landscaping that contributes to an unsafe condition on the property shall be eliminated or trimmed to the satisfaction of the Director. (3) Notwithstanding Section 9.21.050 of the Code, for Vacant Properties, all hedges, bushes, and shrubs shall be maintained no higher than thirty-six inches to allow for a clear view from the public right-of-way to the entire interior of the property. (4) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves. Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees. (5) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes a hazardous or unhealthy condition, becomes a breeding area for insects, or which is causing soil erosion or damage to foundation walls. (6) All trash, debris, rubbish, discarded furniture or defective or discarded equipment or appliances or items of similar nature shall be removed from the property. (7) “No Trespassing” signs shall be posted and displayed along all street or alley facing property frontages and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. 10.F.a Packet Pg. 496 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 30 (8) Additional signage may be required by the Director to include the name and phone number of an individual that can promptly respond to complaints regarding the property. (9) As determined by the Director, any vacant property must be enclosed by a wrought iron fence or similar material that is at least six feet tall and non -view obscuring. This provides for clear and open visibility of the vacant property. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director or their designee, before installation; provided, however, that in no event shall the fence be chain-link, unless the property is actively being developed pursuant to a current and valid building permit. (A) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials. All unauthorized postings and graffiti shall be immediately removed or painted over. (B) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring. 10.F.a Packet Pg. 497 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 31 (C) All gates or entrances to vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization Form. (10) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects and animals where such activity is not a danger or nuisance to any resident or residents of the area, and where other applicable legal requirements are met. Pest and rodent infestation shall be abated on the property and documentation shall be provided verifying the abatement from a licensed professional. (11) The property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other appropriate approval has been obtained from the city. (12) Utility services, including gas, water, and electricity, shall be disconnected upon the property becoming vacant. (13) Any swimming pool on a vacant property shall be drained, kept free of standing water, and comply with following: (A) Filled-in with soil or any other fill approved and to the satisfaction of the Director; or (B) Covered in such a way that water cannot collect in the swimming pool or on top the cover. (14) Motion-activated security lighting in accordance with SMMC Section 9.21.080 (Lighting) may be required to be installed and maintained in working condition at all 10.F.a Packet Pg. 498 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 32 entrances and exits of the property to the satisfaction of the Director from dusk until dawn. (15) Motion-activated video surveillance cameras may be required to be installed and maintained in working condition that provide two-way communication and mobile live-view video to the satisfaction of the Director. (16) Additional building locks and entry control including bars on windows shall be installed and maintained as determined by the Director to prevent unauthorized access to the property and any structure. (17) Documentation shall be provided that adequate security is provided by onsite security personnel, roaming security patrol, or some other means; and twenty- four hours seven day a week security may be required as determined by the Director. All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units. (18) The property shall be inspected each week and these inspections documented and submitted in writing to the satisfaction of the Director. These reports shall include the dates of the inspections, a list of any issues that were found and needed to be corrected, and time and date stamped photos of the property showing the overall conditions of the entirety of the property. (19) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers. 10.F.a Packet Pg. 499 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 33 (20) All furniture and personal property shall be removed from the interior of vacant buildings. (21) Approved address numbers shall be provided for all vacant properties and buildings in such a manner as to be plainly visible and legible from the street or road fronting the property. (d) Securing of any or all structures by boarding unsecure windows, doors, and other openings with sheeting material shall be done in accordance with this section. All buildings and structures upon the property shall be secured, locked, and closed as determined and approved by the Director and the Building Official. With the exception of the exterior access door required in subsection 1 below, all first-story doors and windows facing any street or alley shall be secured using sheeting material. First-floor doors and windows not facing any street or alley may be secured using plywood that meet the specifications found in subsection 2 below. As used herein, “sheeting material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. (1) Exterior Access Door. At least one exterior door shall allow authorized persons access to the interior of the residential property. Such exterior access door may be secured by using: (A) A solid core wood or steel door with no windows or other openings in the door; or (B) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by 10.F.a Packet Pg. 500 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 34 the Building Official and the sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official. (2) Use of Plywood. (A) Plywood may only be used to secure doors and windows not facing a street or alley and shall be painted in a color consistent with the exterior of the dwelling unit. Plywood may be used for no more than thirty days to repair damage or vandalism to street and alley-facing doors and windows. After thirty days, sheeting material shall be installed. (B) Plywood used to secure vacant properties shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings. (C) Unless otherwise granted a variance by the Director from strict compliance herewith, materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures. (D) Plywood used to secure vacant properties shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official. (3) Property that remains vacant for more than ninety days shall secure all windows, doors, and other openings in accordance with this section. 10.F.a Packet Pg. 501 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 35 (4) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (5) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all windows. (6) Only exterior-grade screws and round-head plated carriage bolts shall be used to secure a vacant property. Nails shall not be used. (e) A unit that is vacant in a substantially vacant Multiple-Unit Dwelling property and is not currently being offered for use as a residence shall be secured and locked, or otherwise made inaccessible in accordance with this section. 13.04.050 Violations and Penalties. (a) Any person (whether an individual, corporation, partnership, joint venture, or other entity) who violates any of the provisions of this Chapter is subject to the administrative citation provisions of Municipal Code Chapter 1.09. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation. (b) The City’s authority to prosecute violations of this Chapter shall be in addition to its authority to pursue remedies under Municipal Code Chapter 13.06 (Abatement of Nuisances) and shall be entitled to recover any costs from the property owner associated with monitoring, inspecting, and securing the subject property to meet the requirements of this Chapter. 10.F.a Packet Pg. 502 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 36 13.04.060 Community Safety and Protection. The Director is authorized to waive or modify any standard or condition found in this chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard. Requests for such waivers and modifications shall be submitted on a form provided by the City. In making this determination, the Director shall consider: (a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and (e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change. Chapter 13.06 ABATEMENT OF NUISANCES 13.06.010 Purpose. (a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City. (b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law 10.F.a Packet Pg. 503 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 37 cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances. (c) The procedures for abatement of substandard buildings contained in this Chapter are deemed equivalent for the purpose intended under Article 6, Actions and Proceedings of the California Code of Regulations, Title 25, Division 1, Chapter 1, Sub-Chapter 1. 13.06.020 Application. The provisions of this Chapter shall apply to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter, but which is duly authorized under any other City, State or Federal law, shall not constitute a violation. 13.06.030 Responsibility for maintenance. (a) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee, or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property. 10.F.a Packet Pg. 504 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 38 13.06.040 Definitions. (a) “Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance including, but not limited to: (1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution, and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and (3) Any expense incurred by the City in collecting the costs enumerated in this subsection. (b) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (c) “Minor automotive repair and service” shall include replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties. (d) “Owner” means the owner of record of real property. 10.F.a Packet Pg. 505 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 39 (e) “Premises” means any real property or improvements thereon. (f) “Public nuisance” means any nuisance designated in Section 13.06.050 of this Chapter. 13.06.050 Public nuisances. The following are declared to be public nuisances: (a) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations. (b) Any condition in violation of Chapter 4.04 of this Code (Animals). (c) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place. (d) Every building or place used for the purpose of unlawfully selling, serving, or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served, or given away. (e) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur. 10.F.a Packet Pg. 506 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 40 (f) Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following: (1) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code); (2) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity; (3) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control; (4) Blockage of streets, alleys, or private driveways; or (5) Excessive noise. (g) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (h) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right- of-way except: (1) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property; (2) The work does not involve repetitive testing of an engine; 10.F.a Packet Pg. 507 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 41 (3) No more than one motor vehicle, as viewed from the public right-of- way, is being worked on at any point in time; and (4) The work complies with the City’s Noise Ordinance. (i) Any violation of Chapters 13.02 and 13.04 of this Code. (j) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371 or otherwise recognized in law or in equity as constituting a public nuisance. 13.06.170 Emergency procedures. (a) Notwithstanding any other provision of this Chapter, whenever the condition giving rise to the public nuisance is an imminent threat to life, property, health, or public safety requiring immediate action, the City shall have immediate jurisdiction to abate the public nuisance and may order or take such action as is necessary to immediately abate the public nuisance. (b) The City shall only pursue such remedial actions as are reasonably necessary to eliminate the immediacy of the hazard. The costs of such abatement, to the extent that they are not part of any regularly provided City service, shall be recoverable against the property owner and/or responsible persons through the steps outlined in this Chapter or any other methods authorized by law. 13.06.180 Summary abatement of graffiti. (a) The City Council finds that proliferation of graffiti presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The 10.F.a Packet Pg. 508 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 42 presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement. (b) The City is authorized to summarily abate graffiti. The abatement may be undertaken by City staff or by outside contractors. (c) The City shall provide the owner of the property subject to abatement action under this Section with written notice specifying the date that the City will abate the graffiti. This notice shall be mailed to the owner by certified mail, return receipt requested, at least five days prior to the scheduled City abatement. It shall inform the owner that the City will not undertake the abatement if the owner notifies the City in writing that the owner will abate the graffiti by a date specific acceptable to the City. The cost of abatement performed by the City shall be recovered in accordance with Section 13.06.190 except the accounting requirements of Section 13.06.190(b) may be undertaken by the Director of Public Works. 13.06.190 Lien, special assessment and other remedies.\ (a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing, or maintaining the public nuisance. (b) The Director shall keep an itemized account of the expenses incurred by the City in abating nuisances under the provisions of this Chapter, including all administrative costs. Upon the completion of the work of abatement, the Building Officer, shall prepare and file with the City Council a report specifying the abatement measures undertaken, the itemized and total cost of the abatement, a 10.F.a Packet Pg. 509 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 43 description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 13.06.100, Service of order to abate public nuisance. This report shall be verified by the City official in charge of the abatement work. (c) The City shall cause notice of the cost of abatement to be given in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Government Code Section 6062. The City shall also cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled. Such notices shall be given at least ten days prior to the date set for hearing and shall specify the day, hour , and place when the City Council will hear and pass upon the report of the Building Officer. The notice shall specify that the propert y may be sold after three years by the tax collector for unpaid delinquent assessments. (d) At the time fixed for the hearing, the City Council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the abatement work. The protests heard by the City Council pursuant to this subsection shall relate only to the charge to be made for abatement. No protest shall be heard concerning the underlying enforcement action in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. Written protests may also 10.F.a Packet Pg. 510 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 44 be filed with the City Clerk at any time prior to the time set for the hearing on the report. Each written protest or objection must contain the property address and the grounds for such protest or objection. After hearing all oral protests and reviewing all written protests, the City Council may make such revisions, corrections, or modifications to the report as it may deem just, after which, by resolution, the report, as submitted, revised, corrected, or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (e) Pursuant to Government Code Section 38773.1, the cost of abatement of a public nuisance under this Chapter can be a lien on the property or against the owner of the property as provided in subsection (g) of this Section. (f) Alternatively, pursuant to Government Code Section 38773.5, the cost of abatement of a public nuisance under this Chapter can be a special assessment against the property as provided in subsection of this Section. (g) If the cost of abatement is not paid within ten days after its confirmation by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form: NOTICE OF LIEN On the day of , 20 , the City of Santa Monica caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order dated , 20 . The City of Santa Monica did on the day of , 20 , by action duly recorded in its official minutes, assess the cost of such abatement and 10.F.a Packet Pg. 511 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 45 related administrative costs, and determined that the same have not been paid. The City of Santa Monica hereby claims a lien on said real property for the net expense of the doing of said work plus related administrative costs in the sum of $, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the day of , 20 (date of confirmation of statement), has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows: (Description of Property) Street Address Legal Description Parcel Numbers (Name of owner and address) Dated: ________________ Building Officer (h) From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law. (i) As an alternative to the procedure authorized in subsection (d) of this Section and pursuant to Government Code Section 38773.5, the cost of 10.F.a Packet Pg. 512 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 46 abatement, if not paid within ten days after its confirmation by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows: (1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder. (2) After confirmation of the report prepared pursuant to subsection (b) of this Section and recordation of the notice, certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (4) The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except State, County, and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (j) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing, 10.F.a Packet Pg. 513 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 47 committing, or maintaining the public nuisance. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement. (k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law. Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City. (l) All monies recovered by payment of the charge, obligation, assessment, or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund. 13.06.200 Violation. (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. 10.F.a Packet Pg. 514 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 48 (b) Any person found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement. (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. (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. 13.06.210 Nuisance Abatement Fund. The Finance Director is authorized to establish a revolving fund to be known as the Nuisance Abatement Fund which shall be used to defray costs of administrative and judicial abatement of public nuisances. The fund shall be reimbursed by collection from the property or property owner, or any responsible person, as specified in this Chapter and by the courts. This fund may be operated and used in conjunction with procedures ordered or authorized under this or any other abatement provision of this Code. 10.F.a Packet Pg. 515 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 49 SECTION 3. Santa Monica Municipal Code is hereby amended Chapter 8.96 to read as follows: Chapter 8.96 RESERVED ABATEMENT OF NUISANCES 8.96.010 Purpose. (a) The intent of this Chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the City. (b) The remedies provided for in this Chapter are supplemental and complementary to all of the provisions of this Code, State law, and any law cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the City to abate any and all public nuisances. (c) The procedures for abatement of substandard buildings contained in this Chapter are deemed equivalent for the purpose intended under Article 6, Actions and Proceedings of the California Code of Regulations, Title 25, Division 1, Chapter 1, Sub-Chapter 1. 8.96.020 Application. The provisions of this Chapter shall apply to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this Chapter but which is duly authorized under any other City, State or Federal law, shall not constitute a violation. 8.96.030 Responsibility for maintenance. (a) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the 10.F.a Packet Pg. 516 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 50 provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property. 8.96.040 Definitions. (a) “Cost of abatement” means the total cost incurred by the City in connection with abating a public nuisance including, but not limited to: (1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and (3) Any expense incurred by the City in collecting the costs enumerated in this subsection. (b) “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties. (c) “Owner” means the owner of record of real property. (d) “Premises” means any real property or improvements thereon. 10.F.a Packet Pg. 517 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 51 (e) “Public nuisance” means any nuisance designated in Section 8.96.050 of this Chapter. (f) “Abandoned structure” means any building or structure that is vacant and maintained in a condition of substantial deterioration. (g) “Attractive nuisance” means any condition or item that is left unprotected and accessible, including any unsecured or unsanitary pools and abandoned or broken equipment or machinery, and any other condition which may reasonably be expected to attract young children under the age of 13 to the premises who would be at risk for injury by playing with, in, or on it, and thereby dangerous to young children by reason or their inability to appreciate the peril therein. (h) “Graffiti” shall mean any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession. (i) “Minor automotive repair and service” shall include replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. (j) “Substantial deterioration” means serious neglect in maintaining or repairing a building or structure that results in a noticeable decline in the physical quality of the building façade, building features, structural or non-structural elements and weatherproofing. 8.96.050 Public nuisances. 10.F.a Packet Pg. 518 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 52 (a) The following are declared to be public nuisances: (1)Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.08.010. (2) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article VIII of the Santa Monica Municipal Code. (3) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision. (4) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City’s planning and zoning laws and regulations. (5) Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety. (6) Any condition which constitutes an attractive nuisance whether within a structure or on the premises. (7) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), or curfew violations. 10.F.a Packet Pg. 519 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 53 (8) Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health. (9) Any condition which poses a fire hazard. (10) Any condition in violation of Chapter 4.04 of this Code (Animals). (11) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right-of-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project. (12) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place. (13) Every building or place used for the purpose of unlawfully selling, serving or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served or given away. 10.F.a Packet Pg. 520 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 54 (14) Every building or place used for the purpose of illegal gambling as defined by State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur. (15) Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following: (A) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code); (B) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity; (C) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control; (D) Blockage of streets, alleys or private driveways; or (E) Excessive noise. (16) Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit. (17) Graffiti on the exterior of any building, structure or fence that is visible from the public right-of- way. 10.F.a Packet Pg. 521 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 55 (18) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway. (19) Any structure that is in a state of substantial deterioration which is visible from the public right-of- way. (20) Any dead, decayed, diseased or hazardous tree on private property that presents a danger to public safety. (21) Vegetation that: (A) Harbors the presence of rats or vermin; (B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property; or (C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety. (22) Failure to secure all doorways, windows or other openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, when required by the City, to prevent unauthorized persons from gaining access. (23) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (24) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right-of-way except: 10.F.a Packet Pg. 522 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 56 (A) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property; (B) The work does not involve repetitive testing of an engine; (C) No more than one motor vehicle, as viewed from the public right-of-way, is being worked on at any point in time; and (D) The work complies with the City’s Noise Ordinance. (25) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371 or otherwise recognized in law or in equity as constituting a public nuisance. 8.96.170 Emergency procedures. (a) Notwithstanding any other provision of this Chapter, whenever the condition giving rise to the public nuisance is an imminent threat to life, property, health or public safety requiring immediate action, the City shall have immediate jurisdiction to abate the public nuisance and may order or take such action as is necessary to immediately abate the public nuisance. (b) The City shall only pursue such remedial actions as are reasonably necessary to eliminate the immediacy of the hazard. The costs of such abatement, to the extent that they are not part of any regularly provided City service, shall be recoverable against the property owner and/or responsible persons through the steps outlined in this Chapter or any other methods authorized by law. 8.96.180 Summary abatement of graffiti. 10.F.a Packet Pg. 523 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 57 (a) The City Council finds that proliferation of graffiti, especially gang-related graffiti, presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang- related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement. (b) The City is authorized to summarily abate graffiti. The abatement may be undertaken by City staff or by outside contractors. (c) The City shall provide the owner of the property subject to abatement action under this Section with written notice specifying the date that the City will abate the graffiti. This notice shall be mailed to the owner by certified mail, return receipt requested, at least five days prior to the scheduled City abatement. It shall inform the owner that the City will not undertake the abatement if the owner notifies the City in writing that the owner will abate the graffiti by a date specific acceptable to the City. The cost of abatement performed by the City shall be recovered in accordance with Section 8.96.190 except the accounting requirements of Section 8.96.190(b) may be undertaken by the Director of Public Works. 8.96.190 Lien, special assessment and other remedies. (a) The cost of abating a public nuisance shall either be a lien on the property, a special assessment against the property, or the personal obligation of owner and/or the person responsible for creating, causing, committing or maintaining the public nuisance. 10.F.a Packet Pg. 524 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 58 (b) The Building Officer shall keep an itemized account of the expenses incurred by the City in abating nuisances under the provisions of this Chapter, including all administrative costs. Upon the completion of the work of abatement, the Building Officer, shall prepare and file with the City Council a report specifying the abatement measures undertaken, the itemized and total cost of the abatement, a description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 8.96.100, Service of order to abate public nuisance. This report shall be verified by the City official in charge of the abatement work. (c) The City shall cause notice of the cost of abatement to be given in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Government Code Section 6062. The City shall also cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled. Such notices shall be given at least ten days prior to the date set for he aring and shall specify the day, hour and place when the City Council will hear and pass upon the report of the Building Officer. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. (d) At the time fixed for the hearing, the City Council shall hear and pass upon the report, together with any objections or protests which may be raised by any 10.F.a Packet Pg. 525 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 59 property owner liable to be assessed for the abatement work. The protests heard by the City Council pursuant to this subsection shall relate only to the charge to be made for abatement. No protest shall be heard concerning the underlying enforcement action in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. Written protests may also be filed with the City Clerk at any time prior to the time set for the hearing on the report. Each written protest or objection must contain the property address and the grounds for such protest or objection. After hearing all oral protests and reviewing all written protests, the City Council may make such revisions, corrections or modifications to the report as it may deem just, after which, by resolution, the report, as submitted, revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive. (e) Pursuant to Government Code Section 38773.1, the cost of abatement of a public nuisance under this Chapter can be a lien on the property or against the owner of the property as provided in subsection (g) of this Section. (f) Alternatively, pursuant to Government Code Section 38773.5, the cost of abatement of a public nuisance under this Chapter can be a special assessment against the property as provided in subsection of this Section. (g) If the cost of abatement is not paid within ten days after its confirmation by the City Council, the City may file in the Office of the County Recorder a certificate in substantially the following form: NOTICE OF LIEN 10.F.a Packet Pg. 526 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 60 On the day of , 20 , the City of Santa Monica caused a public nuisance to be abated on the real property hereinafter described pursuant to an abatement order dated , 20 . The City of Santa Monica did on the day of , 20 , by action duly recorded in its official minutes, assess the cost of such abatement and related administrative costs, and determined that the same have not been paid. The City of Santa Monica hereby claims a lien on said real property for the net expense of the doing of said work plus related administrative costs in the sum of $, and the same shall be a lien on said property until said sum, with interest at the rate of 7% per annum, from the day of , 20 (date of confirmation of statement), has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows: (Description of Property) Street Address Legal Descriptio n Parcel Numbers 10.F.a Packet Pg. 527 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 61 (Name of owner and address) Dated: ________ ________ Building Officer (h) From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law. (i) As an alternative to the procedure authorized in subsection (d) of this Section and pursuant to Government Code Section 38773.5, the cost of abatement, if not paid within ten days after its confirmation by the City Council, may constitute a special assessment against that parcel of property which shall be recorded as follows: (1) After the City Council determines that the charge will be assessed against the property, the City shall record a notice describing the abatement action and the total costs with the County Recorder. (2) After confirmation of the report prepared pursuant to subsection (b) of this Section and recordation of the notice, certified copies of the report and the City Council resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied against the parcel in the same manner as ordinary municipal taxes. 10.F.a Packet Pg. 528 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 62 (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (4) The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except State, County and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (j) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing, committing or maintaining the public nuisance. The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement. (k) The City Council may direct the City Attorney to institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City Attorney may bring any appropriate civil and criminal action for abatement of any nuisance within the City pursuant to any other provision of the law. Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the 10.F.a Packet Pg. 529 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 63 court may order the owner or possessor to pay treble the costs of the abatement to the City. (l) All monies recovered by payment of the charge, obligation, assessment or lien shall be paid to the City Treasurer who shall credit the same to the Nuisance Abatement Fund. 8.96.200 Violation. (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, as restitution, the City and other participating law enforcement agencies their full investigative costs and costs of abatement. (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. 10.F.a Packet Pg. 530 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 64 (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. 8.96.210 Nuisance Abatement Fund. The Finance Director is authorized to establish a revolving fund to be known as the Nuisance Abatement Fund which shall be used to defray costs of administrative and judicial abatement of public nuisances. The fund shall be reimbursed by collection from the property or property owner, or any responsible person, as specified in this Chapter and by the courts. This fund may be operated and used in conjunction with procedures ordered or authorized under this or any other abatement provision of this Code. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 10.F.a Packet Pg. 531 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) 65 SECTION 5. 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: ______________________________ DOUGLAS SLOAN City Attorney 10.F.a Packet Pg. 532 Attachment: Ord-CDD-Property Maintenance and Vacant Properties 082223 [Revision 2] (5858 : Property Maintenance and Vacant Properties) City Council Meeting: August 22, 2023 Santa Monica, California RESOLUTION NUMBER ____________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR FISCAL YEAR 2023-24 TO INCLUDE VIOLATIONS OF CHAPTERS 13.02, PROPERTY MAINTENANCE, 13.04, VACANT PROPERTIES, AND 13.06, ABATEMENT OF NUISANCES, TO THE ADMINISTRATIVE CITATION FEE SCHEDULE AND REMOVING ALL VIOLATIONS OF CHAPTER 8.96, ABATEMENT OF NUISANCES, FROM THE ADMINISTRATIVE CITATION FEE SCHEDULE. WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code authorizes the imposition of fines for certain code violations through the issuance of administrative citations; and WHEREAS, Section 1.09.040 states that the amount of fines for code violations imposed pursuant to Chapter 1.09 shall be set forth in a schedule of fines established by resolution of the City Council and that the fine schedule shall specify any increased fines for repeat violations of the same code provision by the same person within 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 30 days from the date of issuance of the administrative citation; and WHEREAS, Chapter 13.02 establishes property maintenance standards which ensure that properties in the City are preserved and maintained in a good and safe condition for the owner, occupants, neighbors, and broader community; and WHEREAS, Chapter 13.04 establishes a vacant property maintenance program as a mechanism to protect the Santa Monica community from becoming blighted through the lack of adequate maintenance and security of vacant properties; and 10.F.b Packet Pg. 533 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant WHEREAS, Chapter 13.06 establishes a comprehensive mechanism for the identification and abatement of public nuisances within the City ; and WHEREAS, most recently, on June 27, 2023, the City Council adopted Resolution Number 11536 (CCS) (“Resolution 11536”), which updated the consolidated master fine schedule for certain violations of the Santa Monica Municipal Code; and WHEREAS, effective code enforcement is vital to effectuating the City’s commitment to protecting the health, safety, welfare, and quality of life of its residents, businesses, and visitors; and WHEREAS, the City now desires to amend and restate its consolidated master fine schedule to established non-standard fines for certain violations of Chapters 13.02, 13.04, and 13.06 of the Santa Monica Municipal Code and delete the prior fine for violations of section 8.96.030 of the Santa Monica Municipal Code ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount 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 $75.00. SECTION 2. REPEAT VIOLATIONS: Except as specifically provided in Exhibit 1, the administrative citation fine amount for a second violation of the same Municipal Code provision by the same responsible party within 36 months from the date of an administrative citation shall equal 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. 10.F.b Packet Pg. 534 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant Except as specifically provided in Exhibit 1, the administrative citation fine amount for a third and any subsequent violation of the same Municipal Code provision by the same responsible party within 36 months from the date of an administrative citation shall equal 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 30 days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal 10% of the administrative citation fine amount due to the City, or 10% of the amount remaining unpaid. SECTION 4. NON-STANDARD FINES: The specific administrative citation fine amounts applicable to first violations of 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. The fines for second and third violations for specific violations are established as provided in Exhibit 1. Unless otherwise specifically identified in Exhibit 1, the fines for repeat violations will be increased pursuant to Section 2. 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, prohibiting the same violations. 10.F.b Packet Pg. 535 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 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 responses 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 October 1, 2023. SECTION 11. Resolution 11536 is hereby deleted 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. SECTION 13. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect. APPROVED AS TO FORM: ________________________ Douglas Sloan, City Attorney 10.F.b Packet Pg. 536 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant Exhibit 1 - Administrative Citation Fine Schedule Code Section Violation Description(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 3.22.025, 3.22.110 Shared Mobility Class A - One time default fine no escalation $75 SMMC 3.22.025, 3.22.110 Shared Mobility Class B - One time no escalation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 1st Violation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 2nd Violation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 3rd Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class D - One time no escalation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class E - One time no escalation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 1st Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 2nd Violation $750 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 3rd Violation $1,000 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 1st Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 2nd Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 3rd Violation $500 SMMC 3.36.290 Prohibition on use or possession of combustible fuels in and around pier $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 10.F.b Packet Pg. 537 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 leaf blower 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 activity-hours & noise limits $500 SMMC 4.12.120 Failure to Post Construction Hours Sign $250 SMMC 4.12.150 Business Support Operations $250 SMMC 4.12.160 Interference with Enforcement $500 SMMC 4.12.180 Gardening/Landscaping Activities-Hours of Operation $250 SMMC 4.27.010 Disruption of housing services $500 SMMC 4.27.030 Tenant Evictions for Owner Occupancy $1,000 SMMC 4.27.040 Occupancy Permits $1,000 SMMC 4.36.100 Temporary Relocation Assistance - First Offense $2,000 SMMC 4.36.100 Temporary Relocation Assistance -Second Offense $4,000 SMMC 4.36.100 Temporary Relocation Assistance - Third Offense $6,000 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 Wage Payment $500 SMMC 4.62.015 (f) Minimum Wage Bulletin $100 SMMC 4.62.015 (g) Minimum Wage 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 Worker Minimum Wage Payment $500 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 10.F.b Packet Pg. 538 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant SMMC 5.08.060 Unapproved Use of Privy (Port-a-potty) $100 SMMC 5.08.070 Failure to Clean Adjacent Sidewalk $250 SMMC 5.08.080 Failure to Maintain Clean Premises $500 SMMC 5.08.090 Failure to Properly Store Fertilizer $100 SMMC 5.08.100 Excessive manure/fertilizer as defined Near Residential $250 SMMC 5.08.110 Offensive Substance on Public Property $500 SMMC 5.08.140 Removal/Destruction of Building Officer's Posted Notice $500 SMMC 5.08.170 Unauthorized Refuse Containers in the Public Way $250 SMMC 5.08.330 Obstruction of Water Meter/Gate Valves $250 SMMC 5.08.340 Unauthorized Private Dumping Ground $500 SMMC 5.08.370 Failure to Comply with County Health Department Standards $500 SMMC 5.08.380 Refuse Collection During Prohibited Hours $250 SMMC 5.20.040 Prohibited Discharge Standards $1,000 SMMC 5.20.050 Specific Pollutant Limitations $1,000 SMMC 5.20.070 Pretreatment Facilities $1,000 SMMC 5.20.080 Additional Pretreatment Measures $1,000 SMMC 5.20.090 Spill Prevention Plans $1,000 SMMC 5.20.100 Good Housekeeping Provision $1,000 SMMC 5.20.110 Requirements for Restaurants and other Commercial Cooking $1,000 SMMC 5.20.310 Periodic Compliance Reports $1,000 SMMC 5.20.320 Report of Changed Conditions $1,000 SMMC 5.20.330 Reports of Potential Problems/Slug control Plans $1,000 SMMC 5.20.370 Monitoring and Sampling Pre-notification $1,000 SMMC 5.20.390 Sample Collection $1,000 SMMC 5.20.400 Analytical Requirements $1,000 SMMC 5.20.420 Falsifying Information $1,000 SMMC 5.20.430 Inspection and Sampling $1,000 SMMC 5.20.440 Monitoring Facilities $1,000 SMMC 6.04.020 Operating Business without Proper City License $500 SMMC 6.04.270 Failure to Post Business License $250 SMMC 6.14.060 Service Business Activities Requiring Police Permits $500 SMMC 6.20.022 Advertisements for home-sharing - Required Listing Information $250 SMMC 6.20.030.b Advertising, Facilitating, or Operating a Vacation Rental - Operating more than one homeshare $1,000 SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - First Offense1 $1,000 SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - Second Offense1 $2,000 SMMC 6.20.30.a Homesharing Advertisements - Listings without a Listed Rental Price - Third Offense1 $5,000 SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - First Offense1 400% of Advertised Daily Rate and Minimum Stay SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - Second Offense1 600% of Advertised Daily 10.F.b Packet Pg. 539 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant Rate and Minimum Stay SMMC 6.20.30.a Homesharing Advertisements - Listings with a Listed Rental Price - Third Offense1 800% of Advertised Daily Rate and Minimum Stay SMMC 6.20.0250 Hosting platform responsibilities $1,000 SMMC 6.20.080 Regulations $250 SMMC 6.28.030 Newsrack-Operating and Maintenance Requirements $250 SMMC 6.28.030 Newsrack Without Permit $500 SMMC 6.28.040 Newsrack-Maintenance and Installation Standards $250 SMMC 6.28.050 Newsrack-Standards for Materials Sold $500 SMMC 6.32.070 Soliciting Trade on Sidewalk $500 SMMC 6.42.030 Santa Monica Outdoors Parklet Program Requirement - First Violation $500 SMMC 6.42.090 Santa Monica Outdoors Parklet Program Administrative Regulations - First Violation $250 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 out $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 SMMC 6.49.130 Access to passengers on business establishment premises; exclusive arrangements limited $500 SMMC 6.49.140(a) Unauthorized taxicab services prohibited; exception $5,000 SMMC 6.49.140(c)-(e) Unauthorized taxicab services prohibited; exception $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 10.F.b Packet Pg. 540 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant SMMC 6.120.140 Valet Parking - Conditions Imposed on Permit $250 SMMC 6.120.150 Valet Parking - Requirements for Downtown Valets $250 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 laws $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 6.22.040 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.050 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.060 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.070 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.080 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.090 Failure to Comply with Residential Leasing Requirements $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 6.40.040 Failure to Comply with Outdoor Pilot Program Administrative Regulations $250 SMMC 7.04.210 Regulations for Resurfacing Work in Public Way $250 SMMC 7.04.230 Excavation in Public Way-Vehicle Crossing $250 10.F.b Packet Pg. 541 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant SMMC 7.04.240 Excavation in the Public Way-Per Plat/Application $250 SMMC 7.04.240 Excavation in the Public Way-Due Diligence $500 SMMC 7.04.490 Connection of Sewer Without Permit $500 SMMC 7.04.650 Sewage from Vehicle into Sewer System Without Permit $500 SMMC 7.04.670 Materials/Equipment in Public Way Without Permit $500 SMMC 7.04.700 Revocation of Permits-Work to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials/Equipment in Public Way $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public Way $250 SMMC 7.04.730 Regulations for Building Material Deposits and Cranes $250 SMMC 7.04.740 Mixing/Storing Cementitious Materials On/Near Street $250 SMMC 7.04.750 Failure to Post Street Use Permit $250 SMMC 7.04.760 Construction Debris in Public Way $500 SMMC 7.06.050 Permit Required - Work in the Public Right-of Way $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 Water Service Without Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City Water $500 SMMC 7.16.020 Excessive Water Use $250 SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building/Structure on City Street Without Permit $500 SMMC 7.40.110 Planting of Tree in Parkway Without Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 SMMC 7.40.110 Injure/Interfere With City Tree-No Replacement Required $500 SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure/Interfere With City Tree-Replacement Required $1,000 SMMC 7.40.130 Interference with City Tree Administration $500 SMMC 7.40.140 Intentional Damage to City Tree $1,000 SMMC 7.40.150 Unauthorized Attachment to City Tree $100 SMMC 7.40.160 Protection of Trees During Construction/Demolition $500 SMMC 7.44.020 Maintain Premises Free of Weeds $250 SMMC 7.48.020 Litter in Public Places $250 SMMC 7.48.040 Sweeping litter into gutters $250 SMMC 7.48.050 Property Owner to Keep Adjacent Public Way Free of Litter $250 SMMC 7.48.060 Litter on Private Property $250 SMMC 7.48.070 Owner to Maintain Premises Free of Litter $250 SMMC 8.04.010 Failure to Maintain-Technical Codes $500 SMMC 8.08.030 Continuing Use after Order to Discontinue Use $1,000 SMMC 8.08.050 Construction Work Without Permit $500 SMMC 8.08.070 Construction Work with Expired Permit $500 SMMC 8.08.110 Installation of Work 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 Without Approval $500 10.F.b Packet Pg. 542 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 Water Clarity $250 SMMC 8.40.020 Fireworks Prohibited $1,000 SMMC 8.44.050 Automatic Fire Sprinklers Required $500 SMMC 8.08.200 Failure to Brace Water 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 8.108.100 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 Existing 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 Wheel 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 SMMC 9.31.060 Auto Repair-Outdoor Repair Work $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 Unapproved 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-Vehicles Awaiting Repair $500 10.F.b Packet Pg. 543 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 Wash-Vehicles in Public Way $500 SMMC 9.31.080 Auto Wash-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 District $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 District $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 District $100 SMMC 9.31.370 Excessive Yard Sales in the R3R District $100 SMMC 9.48.010 Conditions of Approval for Permits/Approvals for Land Use $500 SMMC 9.53.070 Contents of Worksite Transportation Plans $5/employee/day SMMC 9.53.080 Submission of Emission Reduction Plans and Worksite Transportation Plans $5/employee/day SMMC 9.53.090 Employer Monitoring and Enforcement $5/employee/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 10.F.b Packet Pg. 544 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant SMMC 9.61.240 Failure to Remove Prohibited Nonconforming Sign $1,000 SMMC 13.02.040 Responsibility for maintenance - Public Nuisances - 1st Violation $500 SMMC 13.02.040 Responsibility for maintenance - 2nd Violation $1,000 SMMC 13.02.040 Responsibility for maintenance - 3rd Violation $2,000 SMMC 13.02.050 Violations Generally - 1st Violation $500 SMMC 13.02.050 Violations Generally - 2nd Violation $1,000 SMMC 13.02.050 Violations Generally - 3rd Violation $2,000 SMMC 13.02.060 Specific Violations - 1st Violation $500 SMMC 13.02.060 Specific Violations - 2nd Violation $1,000 SMMC 13.02.060 Specific Violations - 3rd Violation $2,000 SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 1st Violation $500 SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 2nd Violation $1,000 SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 3rd Violation $2,000 SMMC 13.04.040 General Vacant Property Standards - 1st Violation $1,000 SMMC 13.04.040 General Vacant Property Standards - 2nd Violation $2,000 SMMC 13.04.040 General Vacant Property Standards - 3rd Violation $5,000 SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 1st Violation $1,000 SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 2nd Violation $2,000 SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 3rd Violation $5,000 SMMC 13.06.050 Public nuisances - 1st Violation $1,000 SMMC 13.06.050 Public nuisances - 2nd Violation $2,000 SMMC 13.06.050 Public nuisances - 3rd Violation $5,000 The following code sections are from the California Fire Code (CFC), Title 19 of the California Code of Regulation (T19) and the California Building Code Standards (CBC) adopted pursuant to Santa Monica municipal code sections 8.40.010 and 8.12.010 and state law. CFC 104.11.2 Obstructing Fire Department Operations $1,000 CFC 105.1.1 Permits(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 105.6.16(5) Permit (remove fuel by means other than dispensing) $250 CFC 105.6.16(7) Permit (place temporarily out of service) $250 CFC 105.6.16(8) Permit (change contents of tank) $250 CFC 105.6.37 Permit Required to Operate a Place of Public Assembly $500 CFC 105.7.13 Hazardous materials construction permit $500 CFC 106.3 Work commencing before permit issuance $1,000 CFC 107.2.2 Work shall not be done beyond the point indicated without approval $500 CFC 108.1 Maintenance of safeguards $125 CFC 108.2 Testing and operation of equipment $125 CFC 108.3 Availability of test and inspection records to Fire Dept. $125 CFC 108.6 Overcrowding-Exceed Maximum Occupant Load $1,000 10.F.b Packet Pg. 545 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant CFC 110.1 Unlawful Acts $500 CFC 110.3.2 Compliance with Orders and Notices $500 CFC 110.3.4 Removal/Destruction of Sign/Tag $250 CFC 111.1 Unsafe Building $500 CFC 111.1.1 Unsafe Conditions $500 CFC 111.2 Stopping Use, Evacuation $500 CFC 112.1 Stop Order $250 CFC 112.1 Stop Order-Failure to Comply $1,000 CFC 112.4 Continue to work after Stop Work Order $1,000 CFC 301.1 Clothes Dryer Free of Lint $250 CFC 303.2 Fire Protection for Asphalt Kettles $250 CFC 304.1 Combustible Waste 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 305.2 Hot Ashes and Spontaneous Ignition Sources $500 CFC 305.4 Deliberate or Negligent Burning $500 CFC 307.1 Prohibited Open Burning $500 CFC 308.1 Open/Illegal Burning $500 CFC 308.1.4 Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within 10' of combustible storage $250 CFC 308.1.6.3 Sky Lanterns $500 CFC 308.1.8 Improper Use of Flaming Food/Beverage $250 CFC 308.2 Candles/Open flame Prohibited without permit $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 311.2 Safeguarding Vacant Premises $500 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 CFC 401.5 Report False Alarm $500 CFC 404.6 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 506.1 Provide Knox Box $75 CFC 506.2 Key Box Maintenance / Key Inventory $75 CFC 507.5.4 Obstruction of Hydrant/Fire Protection Equipment $250 10.F.b Packet Pg. 546 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant CFC 509.1 Provide Identification Sign On Room/Door $125 CFC 509.1 Fire protection equipment shall be identified in an approved manner $125 CFC 509.2 Approved access shall be provided and maintained for all fire protection equipment $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 604.1 Abate Electrical Hazard $125 CFC 604.3 Provide working space and clearance in front of electrical service equipment $125 CFC 604.3.1 Label Electrical Room/Switchboard/Panel $75 CFC 604.4 Provide Listed Power Tap With Over-current Protection $75 CFC 604.4.3 Improper Use/Power Taps $75 CFC 604.5 Extension Cords Prohibited $125 CFC 604.5 Improper Use of Extension Cords $75 CFC 604.10.2 Portable, electric space heaters shall be plugged directly into an approved receptacle $125 CFC 604.10.4 Portable, electric space heaters shall not be operated within 3 feet of any combustible materials. $125 CFC 605.5 Access to Refrigeration Systems $125 CFC 605.8 Failure to have refrigerant detector $500 CFC 607.2 Commercial Kitchen Exhaust Hood Required $500 CFC 607.3.3 Hoods, Grease-Removal Devices, Fans, Ducts, Etc. shall be Cleaned at Req'd Intervals $250 CFC 703.1 Maintain Fire Resistive Construction $250 CFC 705.2 Maintain Fire Assemblies/Doors $500 CFC 705.2 Obstruction of Fire Assembly/Door $500 CFC 705.2.6 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 Watch 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 $1,000 777 906.4 Provide a Type K Fire Extinguisher $75 CFC 904.12.5 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 10.F.b Packet Pg. 547 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 1004.9 Post Occupant Load $125 CFC 1006.3.3 Single Exits $250 CFC 1010.1 Failure to Maintain Exit Doors $1,000 CFC 1010.1.4.4 Locks in Educational Occupancies $500 CFC 1010.1.9.4 Signage-Doors Unlocked During Business Hours $125 CFC 1010.1.9.5 Exit Door Locked/Secured with Non-approved Lock $500 CFC 1010.1.10 Panic Hardware Required $250 CFC 1010.2 Locks on Exit Gates $1,000 CFC 1011.1 Maintain Stairways $250 CFC 1011.7.4 Storage Under Stairways $500 CFC 1013.1 Exit Signs Required $250 CFC 1013.6.3 Failure to Provide Exit Signs with Emergency Power $250 CFC 1014.1 Maintain Handrails $250 CFC 1018.1 Aisles Required $250 CFC 1018.1 Obstruct Aisle or Exitway $500 CFC 1020.3 Maintain Corridor $250 CFC 1023.9 Stairway Identification $125 CFC 1025.1 Luminous Egress Pathway Markings in Highrise $125 CFC 1029.15 Bonding of Chairs Required $125 CFC 1030.5 Equip Bars/Grates On Sleeping Room With Approved Interior Release Devices $500 CFC 1031.1 Maintain Means of Egress $500 CFC 1031.2 Exit Reliability $1,000 CFC 1031.3 Obstructions in the Means of Egress $500 CFC 1031.4 Exit Sign Illumination Required $250 CFC 1031.6 Finishes, Furnishings and Decorations $250 CFC 1031.7 Obstruct/Maintain Emergency Escapes $1,000 CFC 1031.1 Maintain Egress Lighting $250 CFC 1103.1 Construction Requirements in Existing Buildings $250 CFC 1104.1 Means of Egress for Existing Buildings $250 CFC 1104.16.7 Obstruct/Maintain Fire Escape $1,000 CFC 1113.1 Existing R-1 and R-2 Occupancy Requirements $250 CFC 1114.1 Existing Highrise Requirements $250 CFC 1115 Existing Group-I Requirements $250 CFC 1203.1 Maintain Emergency Power Equipment $500 CFC 1206.2 Stationary Storage Battery Systems $500 CFC 2101.1 Dry Cleaner Requirements $250 CFC 2203.4 Dust Collection Required $250 CFC 2303.2 Provide an approved emergency disconnect switch to stop transfer of fuel in event of emergency $500 10.F.b Packet Pg. 548 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant CFC 2306.7.4 Failure to maintain an approved automatic emergency shutoff valve $500 CFC 2305.6 Warning 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 3103.2 Approval required to erect , operate or maintain a tent in excess of 400 sq ft $500 CFC 3103.5 Tents shall not be erected for a period of more than 180 days $500 CFC 3103.8 Location of Tents $250 CFC 3103.9 Tent Anchoring $250 CFC 3201.1 High Pile Storage Requirements $500 CFC 3313.1 Standpipe System Required During Construction $1,000 CFC 3504.1.1 Hot Work-Clearance to Combustibles $250 CFC 3504.1.7 Hot Work-Non Approved Location $250 CFC 3504.2.6 Fire Protection Equipment for Hot Work $250 CFC 3505.2 Storage of Welding 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 hazardous 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, Devices 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 SDS Forms Readily Available $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/Written 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 10.F.b Packet Pg. 549 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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 CFC 5303.5.3 Secure Compressed Gas Cylinders $125 CFC 5307.3.1 Failure to provide mechanical ventilation or emergency alarm system where CO2 can collect $500 CFC 5307.3.2 Failure to provide gas detection system with CO2 systems $500 CFC 5601.1.3 Possession of Illegal Fireworks $1,000 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 CFC 6109.13 LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering $500 1Advertised Rental Rate shall be defined as the advertised nightly rate multiplied by the minimum number of nights required to rent the dwelling or part of the dwelling. The Advertised Rental Rate shall not include deposits or ancillary fees. Late Payment Charges: Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due to the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City. 10.F.b Packet Pg. 550 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant 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: Unless otherwise stated in this fine schedule, 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 thirty-six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation. 10.F.b Packet Pg. 551 Attachment: Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties [Revision 1] (5858 : Property Maintenance and Vacant S R IOS Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchisee Driver or Vehicle Permittee Franchisee 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 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 N/A N/A N/A $5,000 or Suspension IOS Exhibit 2 - Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations SCHEDULE I SCHEDULE OF FINES FOR VIOLATION OF TAXICAB RULES AND REGULATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department’s rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation. If a penalty due date falls on a weekend or holiday, penalties are due the next City business day. Any suspension of a permit shall be recorded on the driver’s Permit Suspension Record and will be considered when applying Taxicab Rule 306f. A permittee must serve a suspension during a period of time in which the Taxicab Driver’s Permit has been physically turned in to the City. Monetary Penalty Increments: Penalties shall accumulate without limit. Suspension of Franchisee’s Franchise: Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee’s franchise is subject to immediate suspension. LEGEND: = 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 same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24-month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer. Penalty Schedules Penalties First Violation Penalties Second Violation Penalties Third Violation Penalties Fourth or More Violation Penalties Conduct / Public Safety Violation See Penalties Conduct / Public Safety Violation See Penalties Conduct / Public Safety Violation E2 - 1Taxicab Fines 10.F.c Packet Pg. 552 Attachment: Exhibit 2 - Taxicab (5858 : Property Maintenance and Vacant Properties) ASSIGNED PENALTY SCHEDULE Taxicab Rule Penalty Schedule 201a.Schedule D 201b.Schedule C 202 Schedule D 203 Schedule D 204 Schedule D-Conduct 205 Schedule B-Conduct 206 Schedule B – Conduct 207 Schedule D-conduct 208 Schedule B–Conduct 209 Schedule A-Conduct or B-Conduct 210 Schedule A-Conduct or Schedule B-Conduct 211 Schedule B 212 Schedule B 213 Schedule B–Public Safety 214 Schedule A-Conduct or B-Conduct 215 Schedule B–Public Safety 216 Schedule D 217 Schedule D 218 Schedule B 219 Schedule B 220 Schedule B 221 Schedule B 222 Schedule B 223 Schedule B 224 Schedule D 225 Schedule B-Public Safety 226 Schedule B 227 Schedule B 228 Schedule B 229 Schedule B 230 Schedule A or Schedule B 231 Schedule B 232 Schedule B– Public Safety 233 Schedule B 234 Schedule B-Public Safety 235 Schedule B 236 Schedule B 237 Schedule B-Conduct 238 Schedule B-Conduct 239 Schedule B-Conduct 240 Schedule A-Conduct 241.Schedule B 242.Schedule B 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 410.Schedule A 411.Schedule A-Conduct for 1st Violation, Schedule C-Conduct for 2nd Violation 412.Schedule C–Conduct 413.Schedule C–Conduct 414.Schedule A-Conduct for 1st Violation, Schedule C– Conduct for 2nd Violation 415.Schedule A-Conduct 416.Schedule C 417.Schedule C E2 - 2Taxicab Fines 10.F.c Packet Pg. 553 Attachment: Exhibit 2 - Taxicab (5858 : Property Maintenance and Vacant Properties) Taxicab Rule Penalty Schedule 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-Conduct or Schedule C–Conduct at the Discretion of the City 433.Schedule A 434a.Schedule A–Conduct 434b.Schedule A 435.Schedule C 436.Schedule A 437.Schedule A 438.Schedule A 439a.Schedule C 439b.Schedule C-Conduct 439c.Schedule C 440.Schedule A-Conduct 441.Schedule C–Conduct 442.Schedule A 443.Schedule A 444.Schedule A 445.Schedule A 446.Schedule A 447.Schedule A–Public Safety 448.Schedule A 449.Schedule A 450.Schedule A 451.Schedule A 452.Schedule A 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 E2 - 3Taxicab Fines 10.F.c Packet Pg. 554 Attachment: Exhibit 2 - Taxicab (5858 : Property Maintenance and Vacant Properties) Taxicab Rule Penalty Schedule 501.Schedule D 502.Schedule B 503.Schedule A-Conduct or Schedule B-Conduct 504.Schedule B-Conduct 505.Schedule B-Conduct 506.Schedule B 507.Schedule B 508.Schedule B-Conduct 509.none 510.none 511.none 512.none 513. none 514.none 601.Schedule A or Schedule B 602.Schedule B-Public Safety 603.Schedule A-Public Safety or B-Public Safety 604.Schedule A or Schedule B 605.Schedule A-Conduct or Schedule B-Conduct 606.Schedule A-Public Safety or Schedule B – Public Safety 607a.Schedule A or Schedule B 607b.Schedule A or Schedule B 607c.Schedule A or Schedule B 607d.Schedule A–Conduct or Schedule B-Conduct 607e.Schedule A–Conduct or Schedule B-Conduct 607f.Schedule A–Conduct or Schedule B-Conduct 607g.Schedule A or Schedule B 608.Schedule A-Public Safety or Schedule B – Public Safety 609.Schedule A-Public Safety or Schedule B–Public Safety 610.Schedule A or Schedule B 611.Schedule A or Schedule B 612.Schedule A–Public Safety or Schedule B-Public Safety 613.Schedule A–Conduct 614.Schedule A or Schedule B 615.Schedule B 616.Schedule B 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 702.none 703.none 631.Schedule A–Public Safety or Schedule B-Public Safety 632.Schedule B – Public Safety 701.none E2 - 4Taxicab Fines 10.F.c Packet Pg. 555 Attachment: Exhibit 2 - Taxicab (5858 : Property Maintenance and Vacant Properties) Code Section Description City Penalty Amount Current State Fees Total Penalty Late Payment Penalty Amount 3.04.030(a)Beach Parking Lot Permits (Sunset to Sunrise)$50.50 $12.50 $63.00 $63.00 3.04.050(a)Payment of Posted Fee Required-Attendant $50.50 $12.50 $63.00 $63.00 3.04.050(b)Payment of Posted Fee Required-Pay Machine $50.50 $12.50 $63.00 $63.00 3.04.100 Parking Spaces $45.50 $12.50 $58.00 $58.00 3.06.040 Car Share Permit Required $150.50 $12.50 $163.00 $163.00 3.08.110 Preferential Parking $55.50 $12.50 $68.00 $68.00 3.12.270 Disobey Posted Signs $55.50 $12.50 $68.00 $68.00 3.12.380 Parking on Drive Apron/Parkway/Sidewalk $50.50 $12.50 $63.00 $53.00 3.12.730 Green Zone - 15 Minutes $45.50 $12.50 $58.00 $58.00 3.12.740 Yellow Load Zone 7am - 6pm Mon-Sat $45.50 $12.50 $58.00 $58.00 3.12.760 White Zone - Max of 3 Minutes $45.50 $12.50 $58.00 $58.00 3.12.775a Disabled Placard - Use of Lost, Stolen, Revoked or $350.50 $12.50 $363.00 $36.00 3.12.775b Disabled Placard - Not Used For Transport of Person $350.50 $12.50 $363.00 $36.00 3.12.775c Disabled Placard - Use of Counterfeit, Forged, Altered $350.50 $12.50 $363.00 $36.00 3.12.790(b)Head in Parking $50.50 $12.50 $63.00 $63.00 3.12.820 Block Passage of Vehicle In Alley $55.50 $12.50 $68.00 $68.00 3.12.830 Parking Prohibited in Specified Places $60.50 $12.50 $73.00 $73.00 3.12.840 Overtime Parking $45.50 $12.50 $58.00 $58.00 3.12.845 Street Sweeping $60.50 $12.50 $73.00 $73.00 3.12.850 30 Minute Parking Between 3-5 am $50.50 $12.50 $63.00 $63.00 3.12.860 Oversize Vehicles - 9pm - 6am $60.50 $12.50 $73.00 $73.00 3.12.870 Oversize Commercial Vehicle in Residential Area $65.50 $12.50 $78.00 $78.00 3.12.880 Parking of Trailers $65.50 $12.50 $78.00 $78.00 3.12.890 Vehicle Parked for Advertising $92.50 $12.50 $105.00 $105.00 3.12.910 Wash Car - Street Alley $40.50 $12.50 $53.00 $53.00 3.12.920 Storing/Servicing/Rebuilding - Public Way $80.50 $12.50 $93.00 $93.00 3.12.930 Parking on Private Property w/o Permission $55.50 $12.50 $68.00 $68.00 3.12.950 Parking on Private Unpaved Lot $55.50 $12.50 $68.00 $68.00 3.12.1000 Vehicle Parked on Street for Sale $92.50 $12.50 $105.00 $105.00 3.12.1010 Unattended Vehicle-Keys in Ignition $50.50 $12.50 $63.00 $63.00 3.12.1050 Parked on Front Lawn $55.50 $12.50 $68.00 $68.00 3.16.120 Operating a Parking Meter $50.50 $12.50 $63.00 $63.00 3.16.240 O/T Meter Parking - Past Time Limits $50.50 $12.50 $63.00 $63.00 3.16.241 O/T Lot Parking - Past Time Limit $50.50 $12.50 $63.00 $63.00 3.16.242 Parking without charging at public electric vehicle charging station $50.50 $12.50 $63.00 $63.00 3.16.250 Expired Meter $50.50 $12.50 $63.00 $63.00 3.16.260 Parking Beyond Meter Space $45.50 $12.50 $58.00 $58.00 Code Section Description Penalty Amount Current State Fees Total Penalty Late Payment Penalty Amount 5200 Failure to Display Both Plates1 $25.00 See footnote #1 $25.00 $25.00 Exhibit 3 - Schedule of Civil Penalties for Parking Violations and for Late Payments SANTA MONICA MUNICIPAL CODE VIOLATIONS CALIFORNIA VEHICLE CODE VIOLATIONS E3 - 1Parking Fines 10.F.d Packet Pg. 556 Attachment: Exhibit 3 - Parking Citation (5858 : Property Maintenance and Vacant Properties) Code Section Description City Penalty Amount Current State Fees Total Penalty Late Payment Penalty Amount 5201 Positioning of Plates1 $25.00 See footnote #1 $25.00 $25.00 5204 No Current License Plate Tab1 $25.00 See footnote #1 $25.00 $25.00 21113A Illegally Parked on State Property $50.50 $12.50 $63.00 $63.00 21211B Parked in Bike Lane $80.50 $12.50 $93.00 $93.00 22500a Parked in Any Intersection $55.50 $12.50 $68.00 $68.00 22500b Parked in Any Crosswalk $55.50 $12.50 $68.00 $68.00 22500c Parked in Any Safety Zone $55.50 $12.50 $68.00 $68.00 22500d Parked Within 15 feet of Fire Station $55.50 $12.50 $68.00 $68.00 22500e Parked in Front of Private/Public Driveway $55.50 $12.50 $68.00 $68.00 22500f Parked on Sidewalk (except electric carts)$55.50 $12.50 $68.00 $68.00 22500g Parked near Excavation Causing Hazard $55.50 $12.50 $68.00 $68.00 22500h Double Parking $55.50 $12.50 $68.00 $68.00 22500i Parked in Bus Zone $280.50 $12.50 $293.00 $29.00 22500k Parked on Any Bridge $55.50 $12.50 $68.00 $68.00 22500I Stopping/Blocking Disabled Access Ramp $350.50 $12.50 $363.00 $36.00 22500M Bus Lane $280.50 $12.50 $293.00 $29.00 22500.1 Parked in Fire Lane $50.50 $12.50 $63.00 $63.00 22502 Curb Parking $50.50 $12.50 $63.00 $63.00 22502a Parked Within 18" of Curb $50.50 $12.50 $63.00 $63.00 22507.8a Parked in Handicapped Space w/o ID $350.50 $12.50 $363.00 $36.00 22507.8b Blocking Disabled parking $350.50 $12.50 $363.00 $36.00 22507.8c Parked on/in Handicapped Access Area $350.50 $12.50 $363.00 $36.00 22509 Parked on Hill w/o Securing Vehicle $50.50 $12.50 $63.00 $63.00 22514 Parked within 15 Feet of Fire Hydrant $55.50 $12.50 $68.00 $68.00 22515a Vehicle w.o Driver, Engine Running $50.50 $12.50 $63.00 $63.00 22515b Setting Brake/Lock Wheels on Highway $50.50 $12.50 $63.00 $63.00 22516 Vehicle Locked w/o Means to Escape $50.50 $12.50 $63.00 $63.00 22520 Parked on Freeway - Non-Emergency $50.50 $12.50 $63.00 $63.00 22520.5a Vending on or Near Freeways $50.50 $12.50 $63.00 $63.00 22521 Parked Less than 7.5 Feet from RR Track $50.50 $12.50 $63.00 $63.00 22522 Parked Less than 3 Feet from Sidewalk Ramp $350.50 $12.50 $363.00 $36.00 22523a,b Abandon Vehicle on Highway $130.50 $12.50 $143.00 $143.00 22526a Gridlock - In Intersection $80.50 $12.50 $93.00 $93.00 22526b Gridlock - During Turn $80.50 $12.50 $93.00 $93.00 Code Section Description Penalty Amount Current State Fees Total Penalty Late Payment Penalty Amount Violation of Any Other Law Regulating the Parking or Standing of Vehicles $50.50 $12.50 $63.00 $63.00 UNLISTED PROVISIONS OF THE LAW 1 The $25.00 penalty fee amount includes the $12.50 State Fee. If the violations are corrected within the period of time provided by the California Vehicle Code, the civil penalty shall be reduced to $10.00, and the State fee assessed shall be $5.00. E3 - 2Parking Fines 10.F.d Packet Pg. 557 Attachment: Exhibit 3 - Parking Citation (5858 : Property Maintenance and Vacant Properties) Fine Description 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 Exhibit 4 - False Alarm Fine Schedule Fines E4 - 1False Alarm Fines 10.F.e Packet Pg. 558 Attachment: Exhibit 4 - False Alarm Fines (5858 : Property Maintenance and Vacant Properties) Fine Description Fines Fines to be assessed per item, per day. Overdue Interlibrary Loan Material $1.00 Overdue Technology Device, In-House (maximum $5.00)1.00 (per hour) Overdue Technology Device, Off-Site Loan (maximum $50.00)$5.00 (per day) Processing for Lost or Damaged Items $10.00 (per item plus cost of item) Collection Agency Referral $10.00 Exhibit 5 - Library Fine Schedule E5 - 1Library Fines 10.F.f Packet Pg. 559 Attachment: Exhibit 5 - Library Fines (5858 : Property Maintenance and Vacant Properties) Revisions to Fine Schedule FY2023-24 Code Code Section Code Description Action Existing Fine Amount New Fine Amount Justification SMMC 8.96.030 Responsibility for Maintenance-Public Nuisances Deleted $1000 $1,000 Code section repealed SMMC 13.02.040 Responsibility for maintenance - Public Nuisances - 1st Violation New $500 New code section SMMC 13.02.040 Responsibility for maintenance - 2nd Violation New $1,000 New code section SMMC 13.02.040 Responsibility for maintenance - 3rd Violation New $2,000 New code section SMMC 13.02.050 Violations Generally - 1st Violation New $500 New code section SMMC 13.02.050 Violations Generally - 2nd Violation New $1,000 New code section SMMC 13.02.050 Violations Generally - 3rd Violation New $2,000 New code section SMMC 13.02.060 Specific Violations - 1st Violation New $500 New code section SMMC 13.02.060 Specific Violations - 2nd Violation New $1,000 New code section SMMC 13.02.060 Specific Violations - 3rd Violation New $2,000 New code section SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 1st Violation New $500 New code section SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 2nd Violation New $1,000 New code section SMMC 13.02.090 Environmental Testing, Remediation, and Reporting - 3rd Violation New $2,000 New code section SMMC 13.04.040 General Vacant Property Standards - 1st Violation New $1,000 New code section SMMC 13.04.040 General Vacant Property Standards - 2nd Violation New $2,000 New code section SMMC 13.04.040 General Vacant Property Standards - 3rd Violation New $5,000 New code section SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 1st Violation New $1,000 New code section SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 2nd Violation New $2,000 New code section SMMC 13.06.030 Responsibility for maintenance - Public Nuisances - 3rd Violation New $5,000 New code section SMMC 13.06.050 Public nuisances - 1st Violation New $1,000 New code section SMMC 13.06.050 Public nuisances - 2nd Violation New $2,000 New code section SMMC 13.06.050 Public nuisances - 3rd Violation New $5,000 New code section 10.F.g Packet Pg. 560 Attachment: Revisions to Fine Schedule (5858 : Property Maintenance and Vacant Properties)