HomeMy WebLinkAboutTC Res 2016-01-20RESOLUTION NO. 01-2016
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
SUPERSEDING RESOLUTION NO. 40-2015
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 ADOPTING AN
UPDATED SCHEDULE OF FINES FOR VIOLATIONS
WHEREAS, on September 16, 2015, the Town Council adopted Resolution No. 40-2015,
which superseded Resolution No. 45-2011 and set forth the violations of the Municipal Code that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. 40-2015 incorporated in part the amounts set forth in the most
recent Uniform Penalty and Bail Schedules published by the Marin County Courts for violations of
the Tiburon Municipal Code ("Bail Schedule"); and
WHEREAS, the Town Council finds that certain amendments to the Municipal Code adopted
since adoption of Resolution No. 40-2015, specifically provisions for vacation rental regulation
violations, require amendment to the said resolution; and
WHEREAS, the Town Council finds that adjustments to the fine schedule for such 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 of Tiburon as
follows:
1. Resolution No. 40-2015 is hereby superseded by this Resolution on its effective date.
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
Attorney.
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 case of direct
conflict in fine amounts, the Municipal Code shall govern, followed by Exhibit A, then the
Tome Council Resolution No. 01-2016 Schedule ofAdnrinistrarive Fines Effective 01-20-2016 1
applicable Bail Schedule. The applicable Bail Schedule shall be that in effect at the time of
the violation.
4. The fine amounts imposed herein shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on January 20, 2016, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
ATTE4T:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. 01-2016 Schedule of.4dminisnative Fines Effective 01-20-2016 2
EXHIBIT A
ADMINISTRATIVE FINES SCHEDULE
1. Work without a Permit [Building, Plumbing, Electrical, etc.] (Municipal Code § 13-2):
Project valuation less than or equal to $5,000: $250.
Project valuation greater than $5,000 but less than or equal to $10,000: $500.
Project valuation greater than $10,000 but less than or equal to $50,000: $1,000 plus two
(2) times the permit fee.
Project valuation in excess of $50,000: $1,000 plus four (4) times the permit fee.
2. Violation of Building Permit Conditions (Municipal Code §§ 13-10, 23-31, 23-34, 26-3,
31-3, etc):
First violation: $500
Second violation: $1,000
Third violation: $2,000
Fourth violation: $3,000 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. Failure to obtain a Report of Residential Building Record prior to sale or exchange of a
dwelling unit (Municipal Code § 13A-3): $500 for each day the violation persists.
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-4): $500 for each day the violation persists.
6. Violation of Zoning Ordinance or of Zoning Permit Conditions (Municipal Code § 16-
56.030): $158 for each day that the violation persists, unless a higher fine is otherwise
imposed for that specific violation in this Exhibit A.
7 Violation of Zoning Ordinance Regulations Prohibiting Vacation Rentals (Municipal
Code § 16-40.042): $1,000 for each violation.
8. Alteration, Planting, or Removal of Tree without Permit (Municipal Code § 15A-3):
$1,000 per tree.
9. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Code §§ 20A-7, 20A-8, 20A-9, 20A-10, and 20A-11):
Town Council Resolution No. 01-2016 Schedule of Administrative Fines Effective 01-20-2016 3
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1,000 per day.
10. Violations of the Town of Tiburon Solid Waste Ordinance (Municipal Code §§ 26-3, 26-
4, 26-5, 26-6, 26-7, and 26-8): $100 for each violation.
11. Violation of the Town of Tiburon Smoking and Tobacco Ordinance (Municipal Code §§
28-3, 28-4, 28-5, 28-6, 28-7, 28-9, 28-10 and 28-11): $100 for each violation otherwise
punishable as an infraction and $773 for each violation otherwise punishable as a
misdemeanor (§ 28-11 only).
12. Unlawful Use of Leaf Blower or Hedge Trimmer (Municipal Code § 30-4): $250 for
each violation.
13. All other violations of the Municipal Code: In the absence of a different fine specifically
imposed in the Municipal Code or this Exhibit A, or a higher fine imposed in the
applicable Bail Schedule, the fine shall be $158 for violations otherwise punishable as
infractions and $773 for violations otherwise punishable as misdemeanors.
Town Council Resolution No. 01-2016 Schedule of Administrative Fines Effective 01-20-2016 4