HomeMy WebLinkAboutFee Resolution No. 2014-25 revising and restating the Fee ScDept. ID FD14 003 Page 1 of 1
Meeting Date: 6/16/2014
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CITY OF HUNTINGTON BEACH
REQUEST FOR, CITY COUNCIL ACTION
MEETING DATE: 6/16/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Adopt Fee Resolution No. 2014-25 revising and restating the Fee Schedule for
Civil Fines for Municipal Code Violations to reference the current Fire Code
Section
Statement of Issue:
The City Council is requested to adopt a resolution revising and restating the fee schedule for civil
fines for municipal code violations. The original resolution, which was adopted in July 2009,
referenced Fire Code Section 7802.3. With the passage of the most recent version of the Fire
Code, effective January 2014, the updated section to be referenced is Section 5609.
Financial Impact:
Not applicable.
Recommended Action:
Adopt 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."
Alternative Action(s):
Do not approve the resolution and direct staff accordingly.
Analysis:
The City Council adopted Resolution 2009-34 at its meeting of July 6, 2009, revising the fee
schedule for civil fines for municipal code violations. This resolution included references to Fire
Code Section 7802.3.
On November 4, 2014, the City Council adopted Ordinance 3991, which amended Chapter 17.56 of
the Huntington Beach Municipal Code by adopting the 2013 Fire Code. The Fire Code became
effective January 2014 and includes Section 5609, which replaces Section 7802.3.
At this time it is requested that the City Council adopt the attached resolution, repealing and
replacing Resolution 2009-34. This resolution will not increase the fee schedule.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. 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"
xB -12 1 - Item 8. - I
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.
ayor
REVIE D ND APPROVED:
l
Cit ger
APPROVED AS TO FORM:
Eity Attorney
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Fire Chief
14-4241/109726.doc
Resolution No. 2014-25
SCHEDULE 1
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
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.
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
D
City Vrk and ex-officio Werk of the
City Council of the City of
Huntington Beach, California