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HomeMy WebLinkAboutCC Resolution 11406 (Schedule of Fines for Muni Code Violation)RESOLUTION NO. 11406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING A SCHEDULE OF FINES 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 Exhibit "A" 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 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 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. 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 reaular meeting of the City Council of said City held on the 18th day of August, 2003 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 WAManagement Services- WorkFile\Finance- WorkFile\Council Material`,Resolutions\2003\City\Establish Schedule fo Fines for Violations.doc Revised 8/5/2003 Page 2 of 2 Exhibit A CITY OF SAN RAFAEL SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS Revised 8/1/2003 Page 1 of 4 Current Section Violation Fine New Fine 2.16.028(2) Parks, Destruction /Removal of Public Property $500.00 No Change 2.16.028(13) Parks, Firearms/Slingshots/Fireworks $500.00 No Change 2.16.028(1) Parks, Other Regulations: (3)-(12) & First Offense $50.00 No Change (14)-(28) Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 4.08.020 Uniform Fire Code Violation Sections: 103.43.2, 103.43.3 $325.00 $500.00 &103.43.4 12.12-12.38 Building Regulations $500.00 No Change 5.12.050 Unauthorized Person Directing Traffic $250.00 $275.00 5.32.030 Vehicle Driven on Sidewalk $250.00 $275.00 5.34.010 Skateboard & Roller -Skates on Sidewalk First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 5.34.030 Riding Bicycle, Roller -Skating & Skateboarding on Sidewalk/Roller-Skates First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 5.36.020 Pedestrian Failing to Use Crosswalk First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 5.36.030 Crossing Roadway at Other than Right Angles First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 5.36.040 Standing in Roadway First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change 8.35.030 Graffiti Ordinance $200.00 $250.00 6.10.010 Marin County Animal Code- 8.04.179, 8.04.240 &8.04.245 First Offense $50.00 No Change Second Offense $100.00 No Change Third & Additional Offense $250.00 No Change Marin County Animal Code- 8.04.180, 8.04.181, $300.00 $325.00 8.12.010 & 8.12.020 Revised 8/1/2003 Page 1 of 4 Exhibit A CITY OF SAN RAFAEL SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS Current Section Violation Fine New Fine 6.10.030 Leash Violation First Offense $50.00 No Change Second & Additional Offense $100.00 No Change 6.10.040 Dogs Prohibited at Downtown Farmer's Market & Other Special Events First Offense $50.00 No Change Second & Additional Offense $100.00 No Change 8.12.080 Bill Posting & Political Signs on Public Property $300.00 $325.00 Prohibited 8.12.110 Unlawful to Place Obstructions on Sidewalks $300.00 $325.00 8.12.120 Duty to Trim Sidewalk Trees & Hedges $250.00 $275.00 8.12.150 Loud or Unusual Noises Prohibited (Inactive) $250.00 0 8.12.170 Discharge of Guns, Pistols & Other Weapons Prohibited $500.00 No Change 8.12.210 Trespassing Upon Private Property Prohibited First Offense $250.00 $275.00 Second & Additional Offense $500.00 No Change 8.13.030 Loud or Unusual Noise $250.00 $275.00 8.13.040 General Noise Limit 0 $275.00 8.14.110 Smoking Ordinance Violation First Offense $200.00 $225.00 Second $350.00 $375.00 Third & Additional Offense $500.00 No Change 8.30.020 Human Habitation of a Vehicle First Offense $50.00 No Change Second & Additional Offense $200.00 No Change 9.12.030 Deposit/Maintenance of Offensive Substances First Offense $250.00 $275.00 Second & Additional Offense $500.00 No Change 9.12.034 Littering in Public Places First Offense $50.00 No Change Second $100.00 No Change Third & Additional Offense $250.00 No Change 9.12.036 Merchant's Duty to Keep Sidewalks Free of Litter $250.00 $275.00 9.12.040 Maintenance of Weeds/Deleterious Growth Prohibited $300.00 $325.00 9.19.050 Dumping/Burying of Solid Waste Prohibited $300.00 $325.00 9.19.060 Accumulation of Solid Waste Prohibited $300.00 $325.00 9.19.070 Burning of Solid Waste Prohibited $300.00 $325.00 9.19.100 Unauthorized Removal of Recyclables $300.00 $325.00 9.19.190 Weekly Garbage Service Required $300.00 $325.00 9.20.020 Dumping of Pollutants into Water Control System $500.00 No Change Prohibited Revised 8/1/2003 Page 2 of 4 Section 9.22.05 9.23.050 9.30.060 9.30.090 10.04.210 14.04.020 14.05.020-.022 14.06.020 14.08.020 14.09.020 14.10.020 14.11.020 14.13.030 14.16.020 14.16.140 14.16.220 14.16.250 14.17.020 14.16.285 14.19.020(A) 14.19.030 14.22.070 14.23.060 14.24.050 14.25.020 14.25.040 14.25.080 14.29.040 17.10.030 17.20.050 17.20.060 17.20.070 17.30.010 Exhibit A CITY OF SAN RAFAEL SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS Current Violation Fine New Fine Refusal to Pay Household Hazardous Waste Fee, or Falsification of Household Hazardous Waste Falsification of Conditionally Exempt Small Quantity Generator Waste Discharge of Pollutants Prohibited Illicit Connection & Discharge to Storm Drains Prohibited Business License Required Residential - Land Use Regulations Commercial and Office - Land Use Regulations Industrial - Land Use Regulations Marine -Related - Land Use Regulations Public/Quasi - Land Use Regulations Parks/Open Space - Land Use Regulations Water - Land Use Regulations Wetland Overlay - Land Use Regulations Accessory Structures Fences Home Occupation Ordinance Motor Vehicle Maintenance & Storage in Residential Districts Animal Keeping Secondary Dwelling Unit without Use Permit Sign Permit Requirement Prohibited Signs Use Permits - Conditions of Approval Variances - Conditions of Approval Exceptions - Conditions of Approval Environmental Design Review Permits Improvements Subject to Review Environmental Design Review - Conditions of Approval Failure to Comply w/Conditions of any Permit or Approval Dredging, Dumping, Excavating, Constructing Without a City Tidelands Permit Anchoring & Mooring Prohibited Obstruction in Water & Sunken Vessels First Offense Second & Additional Offense Dangerous & Disabled Vessels First Offense Second & Additional Offense Vessel Speed Restrictions Page 3 of 4 $250.00 $250.00 $500.00 $500.00 $250.00 0 0 0 0 0 0 0 0 $500.00 $250.00 $300.00 $250.00 $300.00 $500.00 $300.00 $300.00 0 0 0 0 0 0 0 $275.00 $275.00 No Change No Change $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 No Change $300.00 $325.00 $275.00 $325.00 No Change $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $325.00 $500.00 No Change $250.00 $275.00 $275.00 $250.00 $275.00 $500.00 No Change $250.00 $275.00 $500.00 No Change Revised 8/1/2003 Exhibit A CITY OF SAN RAFAEL SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS Current Section Violation Fine New Fine First Offense $50.00 No Change Second & Additional Offense $100.00 No Change Third & Additional Offense $250.00 No Change 19.10.060(10) Open Space Lands -Destruction of Property $500.00 No Change 19.10.060(18) Open Space Lands, Hunting & Dangerous Weapons $500.00 No Change 19.10.060(1)-(9) Open Space Lands, Other Regulations (11)-(17) First Offense $50.00 No Change (19)-(30) Second & Additional Offense $100.00 No Change Third & Additional Offense $250.00 No Change W:\Management Services- WorkFile\Finance- WorkFile\Accounting and Budgeting\Cost Study\2002-03 update\fee schedules\Exhibit A Violation Citation Schedule.doc Revised 8/1/2003 Page 4 of 4