Title
Staff Report for a City of San Leandro Ordinance Amending Certain Sections of the San Leandro Municipal Code and Resolution Amending Certain Sections of the Administrative Code Related to Penalties for Code Violations.
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff recommends that the City Council approve and adopt an ordinance that updates the penalty amounts for violations of the San Leandro Municipal Code to comport with state law penalty thresholds and adopt a resolution that updates the San Leandro Administrative Code to reflect the updated penalty amounts in the current Master Fee Schedule.
BACKGROUND AND ANALYSIS
The City of San Leandro ("City") is authorized pursuant to Government Code sections 53069.4 and 36900 to regulate and impose penalties on violations of local ordinances. San Leandro Municipal Code ("SLMC") Chapter 1-12 lays out the authority and procedure for the City to impose penalties for code violations, and SLMC Chapter 7-5 lays out the authority and procedure for the City to impose penalties for violations of the building code.
The California Government Code stipulates the maximum fine amounts that cities may impose for violations of local ordinances and for violations of the building code. From time to time, the California Legislature updates these maximum fine amounts to reflect inflation. In 2019, the Government Code was amended to reflect increased penalty amounts for building and safety code violations.
Per Government Code sections 53069.4, 25132, and 36900(b), where a code violation would otherwise be an infraction, each violation is punishable by (1) a fine not exceeding $100 for a first violation, (2) a fine not exceeding $200 for a second violation of the same ordinance within one year, and (3) a fine not exceeding $500 for each violation of the same ordinance within one year. SLMC 1-12-415 currently includes penalties of $150, $300, and $600 for code violations, which exceed the maximum amounts pursuant to State law....
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