Legislative record

Local ordinances: administrative fines or penalties.

Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties. Existing law requires the administrative procedures to provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. This bill would require, for any violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, of any ordinance enacted by the local agency, the reasonable period of time to correct or otherwise remedy the violation to be no less than 6 months if certain conditions are met, including that the property involved is an owner-occupied residential property containing 4 units or less and the current owner of the property submits a sworn affidavit that the current owner was not responsible for any action that caused the violation and that the current owner had no knowledge of the violation at the time the owner took title to the property. These provisions would not apply to an administrative fine or penalty imposed for a violation of various laws, regulations, and ordinances, as specified. By requiring a sworn affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. The bill would require a local agency to extend the reasonable period of time described above by an additional 6 months upon a showing by the current owner of a good faith effort to correct or otherwise remedy the violation, and would authorize the agency to extend the reasonable period of time beyond that extension in its discretion, as specified. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.