R 5015 RESOLUTION NO. 5015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE SETTING FORTH ADMINISTRATIVE
FINES AND PENALTIES FOR VIOLATIONS OF THE
ARROYO GRANDE MUNICIPAL CODE
WHEREAS, Government Code section 53069.4 authorizes a local agency to enact an
ordinance to make any violation of any ordinance enacted by the local agency subject to
an administrative fine; and
WHEREAS, Government Code section 53069.4 provides that the administrative fine for
a violation that would otherwise be an infraction must not exceed the maximum fine
amounts for infractions set forth in Government Code sections 25132 and 36900(b); and
WHEREAS, Government Code Sections 25132 and 36900(c) further provide that
notwithstanding any other provision of law, a violation of local building and safety codes
determined to be an infraction is punishable by: fines not exceeding one hundred thirty
dollars ($130) for a first violation; seven hundred dollars ($700) for a second violation of
the same ordinance within one year; and a fine not exceeding one thousand three
hundred dollars ($1,300) for each additional violation of the same ordinance within one
year of the first violation. Those provisions also provide for a fine not exceeding two
thousand five hundred dollars($2,500)for each additional violation of the same ordinance
within two years of the first violation if the property is a commercial property that has an
existing building at the time of the violation and the violation is due to failure by the owner
to remove visible refuse or failure to prohibit unauthorized use of the property; and
WHEREAS, the City of Arroyo Grande has adopted Chapter 1.18 "Administrative
Citations" of Title 1 of the Arroyo Grande Municipal Code, which provides that a violation
of any provision of the Arroyo Grande Municipal Code or any other ordinance of the City
may be subject to an administrative fine; and
WHEREAS, Arroyo Grande Municipal Code section 1.18.080 provides that the
administrative fines for any such violations shall be established by resolution of the City
Council, and provides that the schedules of fines may include escalating fines for
repeated code violations; and
WHEREAS, the administrative fines, penalties and interest set forth below are in
accordance with the limitations set forth in Government Code sections 25132 and 36900.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The recitals set forth herein are true, correct and incorporated herein by this
reference.
RESOLUTION NO. 5015
PAGE 2
2. Except as provided in subsection 3, below, the following schedule of
administrative fines and penalties is adopted:
a. Every violation is punishable by a fine or penalty of one hundred dollars
($100) for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine or penalty of two hundred dollars
($200) for a second violation of the same ordinance in a twelve (12) month
period;
c. Every violation is punishable by a fine or penalty of five hundred dollars
($500) for each third or further violation of the same ordinance in a twelve
(12) month period.
3. As provided in Government Code Sections 25132 and 36900(c), a violation of
any building and safety codes adopted by the City is punishable by the
following:
a. A fine not exceeding one hundred thirty dollars ($130) for a first violation;
b. A fine not exceeding seven hundred dollars ($700) for a second violation of
the same ordinance within one (1) year;
c. A fine not exceeding one thousand three hundred dollars ($1,300)for each
additional violation of the same ordinance within one (1) year of the first
violation;
d. For commercial property that has an existing building at the time of the
violation and the owner failed to remove visible refuse or prohibit
unauthorized use of the property, a fine not exceeding two thousand five
hundred dollars ($2,500)for each additional violation of the same ordinance
within two (2) years of the first violation.
4. Failure to pay any administrative fine within the time period set forth in any
administrative citation shall result in the imposition of a late penalty in the
amount of ten percent (10%) of the administrative fine.
5. Upon a failure of the person liable therefore to pay any administrative fine and
late penalty within sixty (60) days of issuance of the administrative citation on
which the fine and late penalties were imposed, interest shall begin to accrue
on the fine at seven percent (7%) per year, compounded, from that sixtieth
(60th) day until the fine and late penalty are paid.
6. In addition to any fine imposed, an inspection fee of one hundred dollars ($100)
shall be assessed against any responsible person if he or she does not timely
RESOLUTION NO. 5015
PAGE 3
and completely correct or abate the violation for which the administrative fine
has been imposed after receiving notification to correct or abate the violation.
7. This Resolution shall be effective immediately upon its adoption.
On motion by Council Member Storton, seconded by Council Member Paulding, and on
the following roll call vote, to wit:
AYES: Council Members Storton, Paulding, George, Barneich, Mayor Ray Russom
NAYS: None
ABSENT: None
The foregoing Resolution was passed and adopted this 14th day of July, 2020.
RESOLUTION NO. 5015
PAGE 4
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49/21
CAREN RA�i; t SSOM, MAYOR
ATTEST:
btit ( (liAtY )'-
KELLY ETM RE, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESO , ACTING CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5015 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 14th day of July, 2020.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
July, 2020.
1A-6/64..10/UL-
KELLY W TM• E, CITY CLERK