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HomeMy WebLinkAboutTC Res 2002-07-17 (2) .. ,-, ~ RESOLUTION NO. 41-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 10- 2001 AND SETTING FORTH THE VIOLATIONS OF THE MUNICIPAL CODE THAT MAY BE ENFORCED BY ADMINISTRATIVE CITATION PURSUANT TO CHAPTER 31 OF THE MUNICIPAL CODE AND ESTABLISHING A SCHEDULE OF FINES FOR SUCH VIOLATIONS WHEREAS, on August 5, 1998, after a duly noticed public hearing, the Town Council adopted an ordinance adding Chapter 31 to the Tiburon Municipal Code, which Chapter establishes a Code Enforcement procedure for the Town; and; WHEREAS, Chapter 31 provides that certain violations of the Town's Municipal Code may be enforced by the issuance of administrative citations, as provided by resolution of the Council, and further provides that the amount offines for such code violations shall be established by resolution of the Town Council; and WHEREAS, the on September 16, 1998, the Council adopted Resolution No. 3300, which setting forth the violations of the Municipal Code that may be punished by administrative citation and established a schedule of fines for said violations. ~: WHEREAS, on March 7, 2001, the Council repealed Resolution No. 3300 and adopted the replacement Resolution No. 10-2001; and WHEREAS, the Council wishes to expressly confer discretion on the Building Official to reduce fines for work without a permit where the Building Official fmds a lesser degree of culpability based on the factors set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as follows: 1. Resolution No.1 0-2001 is hereby repealed and replaced by this Resolution. 2. Any violation of the Town of Tiburon Municipal Code may be enforced by administrative citation pursuant to Chapter 31 of the Municipal Code in the discretion of the Town Manager. 3. Exhibit A sets forth a list of fmes for particular violations of the Municipal Code. In some instances, the Municipal Code and/or the applicable Bail Schedule may also establish a fee, fine or other penalty. In such instances, the fine imposed by administrative citation shall be the greater of the fee, fine or other penalty established by Exhibit A, the Municipal Code or that set forth in the applicable Bail Schedule. The applicable Bail Schedule shall be that in effect at the time of the violation. ~- "'"' r r- ~ - PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on July 17, 2002 by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson None None ~ TOM GRAM, MAYOR Town of Tiburon ") NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEf/&' / A ~/' , ~ ,Z/CVyrJ DIANE CRANE IACOPI, TOWN'CLERK r--- EXlDBIT A ADMINISTRATIVE FINES 1. Work without a Permit (Municipal Code ~ 13-2): Project valuation less than $5,000: $250. Project valuation from $5,000 to $10,000: $500. Project valuation from $10,000 to $50,000: $1,000 plus 2 times the permit fee. Project valuation in excess of $50,000: $1,000 plus 4 times the permit fee. ,-. The Building Official may, in his sole discretion, reduce the penalties for work without permit based on any relevant factors including, but not limited to, the following: . Whether Design Review approval is required. . Whether Design Review approval has been applied for and/or granted. . Whether a building permit has been applied for and/or approved. . Whether the work is largely cosmetic. . Whether a significant amount of work involves structural, plumbing, electrical and/or mechanical work. . Whether permits by other public agencies are required. . Objective evidence that the permittee intended in good faith to comply with the Town's Municipal Code. The details of any action granting a reduction shall be recorded and entered into the building record. 2. Violation of Building Permit Conditions (Municipal Code ~~ 23-31, 23-34, 26-3, 31-3): First violation: $500 Second violation: $1000 Third violation: $2000 Fourth violation: $3000 penalty and suspension of permit. In addition to assessing monetary fines, the Building Official may, in his sole discretion, issue a Stop Work Order upon ascertainment of the violation. All penalties must be paid, and violations corrected, before the Stop Work Order is lifted. Upon a fourth offense, the Building Official will make a formal complaint to the State Contractors License Board. 3. Violation of any conditions included in a resolution designating property as an historic landmark (Municipal Code ~~ 13B-6, 13B-7): $103 4. Violation of Other Development Permit Conditions (Municipal Code ~ 16.5 .12.00): $103 for each day that the violation persists. r-- 5. Alteration, Planting or Removal of Tree without Permit (Municipal Code ~ 15A-3): $1000 per tree. r- r- J"" 6. Failure to maintain dogs on leash in specified areas (Municipal Code ~ 20-3): $45. 7. Failure to Remove dog feces (Municipal Code ~ 20-4): $45. 8. Keeping or maintaining a horse without a permit (Municipal Code ~ 20-10): $103. 9. Failure to make improvements required by a Residential Building Report (Municipal Code ~ 13A-8): $103 10. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance (Municipal Code ~~ 20A-7, 20A-8, 20A-9, 20A-1O, 20A-ll): First violation: $250 per day Second violation: $500 per day Third and subsequent violations: $1000 per day 11. All other violations of the Municipal Code: In the absence of another, higher fine imposed under this resolution or the applicable Bail Schedule, the fine shall be $103 for violations otherwise punishable as infractions and $504 for violations otherwise punishable as misdemeanors. Code Enforc Fines 2002 reso.doc