HomeMy WebLinkAboutTC Res 2004-04-07
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RESOLUTION NO. 14-2004
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON
SUPERSEDING RESOLUTION NO. 10-2001
SETTING FORTH THE VIOLATIONS OF THE
MUNICIPAL CODE THAT MAY BE ENFORCED BY
ADMINISTRATIVE CITATION PURSUANT TO CHAPTER
31 OF THE MUNICIPAL CODE AND ADOPTING AN
UPDATED SCHEDULE OF FINES FOR VIOLATIONS
WHEREAS, on March 7, 200 I, the Town Council adopted Resolution No. 10-200 I, which
set forth the violations of the Municipal Code that may be punished by administrative citation and
established a schedule of fines for said violations; and
WHEREAS, Resolution No. 10-2001 incorporated the bail amounts set forth in the Uniform
Penalty and Bail Schedules published by the Marin County Courts for violations of the Tiburon
Municipal Code ("Bail Schedule"), which amounts the Council now finds certain of which are out of
date or otherwise in need of modification; and
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WHEREAS, the Town Council finds that certain amendments to the Municipal Code adopted
since adoption of Resolution 10-2001 requires amendment to the said resolution; and
WHEREAS, the Town Council finds that adjustments to the fine schedule for certain
violations are warranted; and
WHEREAS, the Town Council finds that the amendment of the fine schedule is not a project
under the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as
follows:
1. Resolution No. 10-2001 is hereby superseded by this Resolution.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, attached hereto and adopted herein, sets forth a list of fines 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 ofthe violation.
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Town Council Resolution No. J 4-2004
Schedule of Fines - Adopt;d 04/07/04
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4. The fine amounts imposed herein shall become effective inunediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the TownofTiburon
on April 7,2004 by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz
None
Smith
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/ ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
Town Council Resolution No. 14-2004
Schedule a/Fines - Adopted 04/07/04
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NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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ATTEST: /) // //
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DIANE CRANE IACOFl, TOwN CLERK
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EXHIBIT A
ADMINISTRATIVE FINES
1.
Work without a Pennit [Building, Plumbing, Electrical, etc.] (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 two (2) times the pennit fee.
Project valuation in excess of$50,000: $1,000 plus four (4) times the permit fee.
2. Violation ofBuilding Permit Conditions (Municipal Code ~~ 13-10,23-31,23-34,26-3,
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 ofthe violatiorL 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.
Failure to obtain a Report of Residential Building Record prior to sale or exchange of a
dwelling unit (Municipal Code ~ 13A-3): $1,000
4.
Failure to make "mandatory" corrections required by a Report of Residential Building
Record (Municipal Code ~ 13A-8): $100 per each day the failure persists
5.
Violation of any conditions included in a resolution designating property as an historic
landmark (Municipal Code ~~ 13B-6, 13B-7): $500
6.
Violation of Zoning Permit Conditions (Municipal Code ~16-5.13.1): $122 for each day
that the violation persists.
7.
Alteration, Planting, or Removal of Tree without Permit (Municipal Code ~ 15A-3):
$1000 per tree.
8.
Animal Control:
a. Failure to license dog (Municipal Code ~ 20-2.030): $58.
b. Failure to display dog license (Municipal Code ~ 20-2.090): $58.
c. Dogs running at large in certain public places (Municipal Code ~ 20-2.160): $58.
d. Dog owner/guardian responsible to remove feces (Municipal Code ~ 20-2.165): $58.
e. Dogs running on certain private lands (Municipal Code ~ 20-2.170): $58.
f. Failure to maintain dog on leash in certain places (Municipal Code ~ 20-2.175): $58.
Town t:ouncil Resolution No. 14.2004
Schedule of Fines - Adopted 04/07/04
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Failure to control dog (Municipal Code ~ 20-2.177): $58.
Animal noise unreasonably disturbing the peace (Municipal Code ~ 20-2.179): $122.
Dangerous or vicious dog (Municipal Code ~ 20-2.181): $602.
Exceeding limitation on number of dogs (Municipal Code ~ 20-2.185): $122.
Failure to secure animal in rear of vehicle (Municipal Code ~ 20-2.252(a): $122.
Leaving animal unattended in enclosed vehicle (Municipal Code ~ 20-2.252(b): $122.
9. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Code 99 20A-7, 20A-8, 20A-9, 20A-IO, 20A-ll):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1000 per day
10. All other violations of the Municipal Code: In the absence of a different fine specifically
imposed in this Exhibit A, or another, higher fine imposed in the applicable Bail Schedule,
the fine shall be $122 for violations otherwise punishable as infractions and $602 for
violations otherwise punishable as misdemeanors.
11. If case of direct conflict between this Exhibit A and the applicable Bail Schedule, this
Exhibit A shall control.
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Town Council Resolution No. 14-2004
Schedule of Fines - Adopted 04/07/04
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