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Home My WebLink AboutRESOLUTION 2007-22 - REVISE AND RESTATE FEE SCHEDULE FOR CIV i Council/Agency Meeting Held: Deferred/Continued to: '�LAp roved ❑ Conditionally Approved ❑ Denied .� Cit erk' ign re Council Meeting Date: 3/19/2007 Department Number: FD 07-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CIT.Y.COUNCIL MEMBERS SUBMITTED BY: PE OPE OULBRETH-GRAFT, DPA, CITY ADMINISTRATOR PREPARED BY: DUANE OLSON, FIRE CH F �Q KENNETH W. SMALL, CHIEF OF POLICE SUBJECT: ADOPT RESOLUTION FOR REVISING AND RESTATING THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: The City Council is requested to adopt the attached resolution, which revises and restates the fee schedule for civil fines for municipal code violations. Revisions include increased fines for acts of vandalism to city property and for the manufacturing, possession, storage, sale, use or handling of fireworks in the city of Huntington Beach. Funding Source: None required. Recommended Action: Motion to: Approve Resolution No. 2007-22 , increasing minimum fines for violations of the Huntington Beach Municipal Code Section 9.52.010 regarding acts of vandalism to city property and Huntington Beach Fire Code 7802.3, as adopted by Municipal Code Section 17.56.010, regarding prohibition of fireworks. Alternative Action(s): Do not adopt the attached resolution and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/19/2007 DEPARTMENT ID NUMBER: FD 07-003 Analysis: At the February 20, 2007 City Council meeting, the Council directed that civil fines for violations of the Huntington Beach Municipal Code section 9.52.010 be increased to $500 for the first violation and $1,000 for the second and subsequent violations for committing acts of vandalism to city property, such as graffiti and damage to city trees. The City has been experiencing significant graffiti problems. In an effort to deter this type of nuisance activity, and in order to aggressively pursue those individuals responsible for defacing city property, the City Council directed that these fines be increased. During recent years, Huntington Beach Fire and Police personnel have also observed an increase in the illegal discharge of fireworks. In 2006, safety personnel confiscated 13,717 pieces of fireworks and issued 27 civil citations. During this same period there were 22 fireworks-related injuries in Orange County, 14 of which involved children under the age of 16. This is a 22% increase in the number of fireworks-related injuries reported in 2005. In an effort to address the increased use of fireworks in Huntington Beach, the Fire Chief is recommending increased fines for fireworks violations and is proposing that the initial fine amount be increased from $250 to $500, with $1,000 for the second and subsequent violations. The attached resolution (Attachment 1) is being presented in an effort to deter acts of vandalism to city property, including graffiti, and the use of fireworks in Huntington Beach. It will increase minimum fines for vandalism to city property and the manufacturing, possession, storage, sale, use and handling of fireworks in the City of Huntington Beach. At this time, the City Council is requested to adopt the attached resolution. Environmental Status: None. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No.2007-22 Approving Increased Fines for Illegal Fireworks -2- 3/2/2007 8:41 AM ATTACHMENT # 1 RESOLUTION NO. 2007-22 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 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 City Council has considered this matter and has determined to set forth the specific fines, interest and penalties for 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. 2004-79 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 19th day of March , 2007. Ma REVIEWED AND APPROVED: APPROVED AS TO FORM: rty Adm nistrator C Attornej b'l INITIATED AND APPROVED: 7 Fi4Cie�f D? 07-875/8257 1 Resolution No. 2007-22 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 7802.3 as Adopted by Huntington Beach Municipal Code Section 17.56.010) Violation of Huntington Beach Fire $500 $1,000 $1,000 Code Section 7802.3 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. $100 $200 $500 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. 07-875/8216 2 Res. No. 2007-22 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 the 99th day of March, 2007 by the following vote: AYES: Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Bohr ABSTAIN: None y Clerk and ex-offi Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Fire Department SUBJECT: Adopt Resolution for Revising and Restating the Fee Schedule for Civil Fines for Municipal Code Violations COUNCIL MEETING DATE: March 19, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attome Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable): Attached ❑ Not Applicable ❑ Staff Report (If applicable) Nott Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . . Only) RCA Author: Small Olson/Engberg/M cBride/J usten/James