SR 08-22-2023 10F
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.F
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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
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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
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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.
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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
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• 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
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Police Calls for Service (January – November 2022) Compared to Properties Identified
as Potentially Vacant (November 2022)
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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.
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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
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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:
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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
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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)
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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.
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• 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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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(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.
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(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
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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.
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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.
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(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
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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;
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(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
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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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:
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(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.
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(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.
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(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
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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.
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(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
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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.
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(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.
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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
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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.
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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.
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(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.
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(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;
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(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
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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
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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
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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
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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
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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,
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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.
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(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.
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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
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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.
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(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.
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(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.
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(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.
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(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.
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(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:
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(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.
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(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.
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(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
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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
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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
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(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.
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(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
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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.
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(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.
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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
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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.
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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.
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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
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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
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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
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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
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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)