HomeMy WebLinkAboutCC Resolution 11672 (Schedule of Fines)W
RESOLUTION NO. 1672
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF
FINES FOR ADMINISTRATIVE CITATIONS AND
RESCINDING THE PREVIOUS RESOLUTION
ESTABLISHING THE EXISTING SCHEDULE OF FINES
FOR ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF
THE SAN RAFAEL MUNICIPAL CODE
WHEREAS, Section 1.44.030 of the San Rafael Municipal Code provides that the
amounts of fines for code violations imposed pursuant to Chapter 1.44 of the San Rafael
Municipal Code shall be set forth in a schedule of fines established by resolution of the City
Council;
NOW THEREFORE, be it resolved by the City Council as follows:
Section 1: Except as otherwise specified below, the administrative citation fine amount for a
first violation of the San Rafael Municipal Code imposed pursuant to Chapter 1.44 of the San
Rafael Municipal Code shall be Two Hundred and Fifty Dollars ($250.00);
Section 2: The administrative citation fine amounts set forth on "Table 3" attached hereto are
hereby established for violations of the San Rafael Municipal Code;
Section 3: Except as otherwise specifically set forth in Section 2 above, the fine amount for a
second violation of the same municipal Code section by the same person within a thirty-six
(36) month period shall be and 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. Fine amount is not to exceed five hundred dollars ($500.00).
Section 4: Except as otherwise specifically set forth in Section 2 above, the fine amount for a
third and subsequent violation of the same municipal Code section by the same person within
a thirty-six (36) month period shall be and 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. Fine amount is not to exceed five hundred
dollars ($500.00).
Page 1 of 2
Section 5: Any fine amount imposed pursuant to Chapter 1.44 of the San Rafael Municipal
Code and this Resolution shall be deemed delinquent if it is not paid in accordance with the
terms and provisions of Chapter 1.44. Any person who fails to pay to the City the amount of
any fine imposed pursuant to the provisions of Chapter 1.44 of the San Rafael Municipal Code
and this Resolution on or before the date that fine amount is due shall be liable for the
payment of an additional delinquency penalty.
The delinquency penalty is equal to ten percent (10%) of the amount of the fine due to the City,
or ten percent (10%) of the amount of the fine remaining unpaid to the City if a portion of the
fine amount was timely paid. Interest shall accrue on all delinquent fine amounts, exclusive of
delinquency penalties, at the rate of one half of one percent per month, pro rata, of the total
delinquent fine amount, from the date the fine amount becomes delinquent until the date that
all delinquent fine amounts are paid to the City.
Section 6: In addition to any administrative citation fines specified for violations of the City's
Land Use and Building Regulations, there shall be a separate penalty collected in connection
with Planning Permit and Building Permit applications to legalize any construction or use that
has occurred without required City permits or approvals. Such penalty shall be equal to the
amount of the applicable Building Permit and Planning Permit fees specified in the City's
Master Fee Schedule. In the case of Building Permit and Planning Permit applications to
legalize dwelling units built or established without required permits or approvals, the penalty
shall be equal to double the amount of such applicable fees.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on the 15th day of November, 2004 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller,. Miller and mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEANNE M. LEONCINI, City Clerk
W:`,Management Services- u-orkFile'Finance- WorkFile\Council Material\Resolutions'2004.City'tReso for Admin Fines R
Cits.doc
Revised I 9!2004
Page 2 of 2
TABLE 3
CITY OF SAN RAFAEL
SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS
Chapter/
Present
Recommended
Section
Violation
Charge
Charge
4.08.020
Uniform Fire Code Violation Sections: 103.43.2,
$500.00
$500.00'
103.43.3 &103.43.4
5.12.050
Unauthorized Person Directing Traffic
$275.00
$275.00*
5.32.030
Vehicle Driven on Sidewalk
$275.00
$275.00*
5.34.010
Riding Skateboard, Roller -Skates or EPAMD on
Posted Sidewalk, Street or other Public Place
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
5.34.030
Riding Bicycle, Roller -Skates, Skateboard or
EPAMD on Sidewalk or Public Place in
Violation of Vehicle/Pedestrian Right of Way
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
5.36.020
Pedestrian Failing to Use Crosswalk
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
5.36.030
Crossing Roadway at Other than Right Angles
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
5.36.040
Standing in Roadway
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
6.10.010
Marin County Animal Code- 8.04.179,
8.04.240 &8.04.245
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
Marin County Animal Code- § 8.04.180,
$325.00
$325.00*
8.04.181, 8.12.010 & 8.12.020
6.10.030
Leash Violation
First Offense
$50.00
$50.00*
Second & Additional Offense
$100.00
$100.00*
6.10.040
Dogs Prohibited at Downtown Farmer's Market
& Other Special Events
First Offense
$50.00
$50.00*
Revised 11!9/2004
*No Fee Change
Page i of 4
TABLE 3
CITY OF SAN RAFAEL
SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS
Chapter/ Present Recommended
Section Violation Charge Charge
8.10.100(F) & (1)
Regulations for Parks, etc.-
$500.00
$500.00*
Destruction/Removal of Plants or other Public
Property
8.10.090(E)
Regulations for Parks, etc.- Guns and
$500.00
$500.00*
Dangerous Instruments
8.10.020,-.050,
Regulations for Parks, etc.- All other
.080-.170
Regulations
First Offense
$50.00
$50.00*
Second Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
8.12.080
Bill Posting & Political Signs on Public Property
$325.00
$325.00*
Prohibited
8.12.110
Unlawful to Place Obstructions on Sidewalks
$325.00
$325.00*
8.12.120
Duty to Trim Sidewalk Trees & Hedges
$275.00
$275.00*
8.12.170
Discharge of Guns, Pistols & Other Weapons
$500.00
$500.00*
Prohibited
8.12.210
Trespassing Upon Private Property Prohibited
First Offense
$275.00
$275.00*
Second & Additional Offense
$500.00
$500.00*
8.13.030
Loud or Unusual Noise
$275.00
$275.00*
8.13.040
General Noise Limit
$275.00
$275.00*
8.14.110
Smoking Ordinance Violation
First Offense
$225.00
$100.00
Second
$375.00
$200.00
Third & Additional Offense
$500.00
$500.00*
8.30.020
Human Habitation of a Vehicle
First Offense
$50.00
$50.00*
Second & Additional Offense
$200.00
$200.00*
8.35.030
Graffiti Ordinance
$250.00
$250.00*
9.12.030
Deposit/Maintenance of Offensive Substances
First Offense
$275.00
$275.00*
Second & Additional Offense
$500.00
$500.00*
9.12.034
Littering in Public Places
First Offense
$50.00
$50.00*
Second
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
9.12.036
Merchant's Duty to Keep Sidewalks Free of
$275.00
$275.00*
Litter
9.12.040
Maintenance of Weeds/Deleterious Growth
$325.00
$325.00*
Prohibited
9.19.050
Dumping/Burying of Solid Waste Prohibited
$325.00
$325.00*
Revised 111912004
*No Fee Change
Page 2 of 4
TABLE 3
CITY OF SAN RAFAEL
SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS
Chapter/ Present Recommended
Section Violation Charge Charge
9.19.060
Accumulation of Solid Waste Prohibited
$325.00
$325.00*
9.19.070
Burning of Solid Waste Prohibited
$325.00
$325.00*
9.19.100
Unauthorized Removal of Recyclables
$325.00
$325.00*
9.19.190
Weekly Garbage Service Required
$325.00
$325.00*
9.20.020
Dumping of Pollutants into Water Control
$500.00
$500.00*
System Prohibited
9.22.05
Refusal to Pay Household Hazardous Waste
$275.00
$275.00*
Fee, or Falsification of Household Hazardous
Waste
9.23.050
Falsification of Conditionally Exempt Small
$275.00
$275.00*
Quantity Generator Waste
9.30.060
Discharge of Pollutants Prohibited
$500.00
$500.00*
9.30.090
Illicit Connection & Discharge to Storm Drains
$500.00
$500.00*
Prohibited
10.04.210
Business License Required
$325.00
$325.00*
12.12-12.38
Building Regulations
$500.00
$500.00*
14.04.020
Residential - Land Use Regulations
$325.00
$325.00*
14.05.020-.022
Commercial and Office - Land Use Regulations
$325.00
$325.00*
14.06.020
Industrial - Land Use Regulations
$325.00
$325.00*
14.08.020
Marine -Related - Land Use Regulations
$325.00
$325.00*
14.09.020
Public/Quasi - Land Use Regulations
$325.00
$325.00*
14.10.020
Parks/Open Space - Land Use Regulations
$325.00
$325.00*
14.11.020
Water - Land Use Regulations
$325.00
$325.00*
14.13.030
Wetland Overlay - Land Use Regulations
$325.00
$325.00*
14.16.020
Accessory Structures
$500.00
$500.00*
14.16.140
Fences
$300.00
$300.00*
14.16.220
Home Occupation Ordinance
$325.00
$325.00*
14.16.250
Motor Vehicle Maintenance & Storage in
$275.00
$275.00*
Residential Districts
14.16.285
Second Dwelling Unit Standards
$500.00
$500.00*
14.17.020
Animal Keeping
$325.00
$325.00*
14.19.041
Sign Permit Requirement
-
$325.00
14.19.053
Location, Placement and Design of Signs
-
$325.00
14.19.070
Temporary Sign Standards
-
$325.00
14.19.080
Prohibited Signs
$325.00
$325.00*
14.22.070
Use Permits - Conditions of Approval
$325.00
$325.00*
14.23.060
Variances - Conditions of Approval
$325.00
$325.00*
14.24.050
Exceptions - Conditions of Approval
$325.00
$325.00*
14.25.020
Environmental Design Review Permits
$325.00
$325.00*
14.25.040
Improvements Subject to Review
$32500
$325.00*
Revised 11/912004
*No Fee Change
Page 3 of 4
e
g
TABLE 3
CITY OF SAN RAFAEL
SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS
Chapter/ Present Recommended
Section Violation Charge Charge
14.25.080
Environmental Design Review - Conditions of
$325.00
$325.00*
Approval
14.29.040
Failure to Comply w/Conditions of any Permit or
$325.00
$325.00*
Approval
17.10.030
Dredging, Dumping, Excavating, Constructing
$500.00
$500.00*
Without a City Tidelands Permit
17.20.050
Anchoring & Mooring Prohibited
$275.00
$275.00*
17.20.060
Obstruction in Water & Sunken Vessels
$275.00
$275.00*
First Offense
$275.00
$275.00*
Second & Additional Offense
$500.00
$500.00*
17.20.070
Dangerous & Disabled Vessels
First Offense
$275.00
$275.00*
Second & Additional Offense
$500.00
$500.00*
17.30.010
Vessel Speed Restrictions
First Offense
$50.00
$50.00*
Second & Additional Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
19.10.060(10)
Open Space Lands -Destruction of Property
$500.00
$500.00*
19.10.060(18)
Open Space Lands, Hunting & Dangerous
$500.00
$500.00*
Weapons
19.10.060(1)-(9)
Open Space Lands, Other Regulations
(11)-(17)
First Offense
$50.00
$50.00*
(19)-(30)
Second & Additional Offense
$100.00
$100.00*
Third & Additional Offense
$250.00
$250.00*
WAManagement Services- WorkFile\Finance- WorkFileWccounting and Budgeting\Cost Study\2004-2005 update\Fee Schedules\Table
3 Violation Citation Schedule-04.doc
*Rio Fee Change
Page 4 of 4
Revised 1119/2004