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HomeMy WebLinkAboutCity Council - 2014-25 RESOLUTION NO. 2014-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines, interest and penalties to persons who are issued Administrative Citations pursuant to Chapter 1.18 of the Huntington Beach Municipal Code; and Section 1.18.070 of the Municipal Code provides that the fines, interest and penalties shall be set by the City Council by resolution; and The civil fine amounts for specific violations of the Municipal Code were increased in 2007. However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for over ten years, while the CPI has increased several times during the last decade; and The City Council has considered this matter and has determined to increase and set forth the specific fines, interest and penalties for various code violations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The civil fines, interest and penalties and implementing provisions for violations of the Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1, attached hereto and incorporated herein. 2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and shall remain in force until changed by a new resolution of the City Council. 3. Resolution No. 2009-34 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June , 2014. 1AA ,9)4Leo*6e-_ —ay or REVIE D ND APPROVED: APPROVED AS TO FORM- Cif ger City Attorney' 1Jtw D APPROVED: Fire Chief 14-4241/109726.doc Resolution No. 2014-25 SCHEDULE I FINES,INTEREST,AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS 1. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the fines shown below. A subsequent violation is any violation where the citee was cited one or more times in the preceding 12 months for the same violation, unless the violation was cancelled pursuant to Chapter 1.18. FINE AMOUNT FINE AMOUNT FINE AMOUNT- CODE FOR FIRST FOR SECOND SUBSEQUENT SECTION VIOLATION: VIOLATION: VIOLATIONS Violation of HBMC Titles 5, 8, 17 $250 $500 $1,000 and HB Zoning & Subdivision Ordinance (EXCEPT for violation of Section 9.52.010 and Huntington Beach Fire Code Section 5609 as Adopted by Huntington Beach Municipal Code Section 17.56.010) Violation of Huntington Beach Fire $500 $1,000 $1,000 Code Section 5609 as Adopted by Huntington Beach Municipal Code Section 17.56.010. Violation of Huntington Beach Municipal Code Section 9.52.010 $500 $1,000 $1,000 Violation of all other Code sections. $125 $250 $600 2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate of 18 per cent. This interest will be imposed and collected according to the discretion of the City Treasurer upon considering such factors bearing on practicability as to the cost to compute the interest owed, the amount of interest due, and its collectability. The purpose of granting this discretion to the Treasurer is to not require collection of interest when it would not be cost effective. 3. Late Payment Penalties. A $25 late payment penalty shall be owed for fines not paid within 30 days of their due date. The Treasurer shall have the same discretion over collection of late penalties as for interest as set forth in paragraph 2 above. 4. Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be processed through the abatement and/or assessment procedures specified in section 1.18.150 of the Municipal Code. All other delinquent fines may be referred to a collection agency as determined by the City Treasurer. Res. No. 2014-25 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 16, 2014 by the following vote: AYES: Katapodis, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: Hardy ABSTAIN: None a City ark and ex-officio erk of the City Council of the City of Huntington Beach, California