HomeMy WebLinkAboutTC Res 2001-03-07 (2)
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RESOLUTION NO. 10-2001
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TmURON SETTING FORm 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 held
second reading of, and did adopt, Ordinance No. 439 N.S., which ordinance became effective on
September 4, 1998; and
WHEREAS, Ordinance No. 439 N.S. added Chapter 31 to the Tiburon Municipal Code,
establishing a new 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 of fines for such code violations shall be established by resolution
of the Town Council; and
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WHEREAS, the on September 16, 1998, the Council adopted Resolution No. 3300, 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.
WHEREAS, Resolution No. 3300 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Municipal Code ("Bail Schedule"), which amounts the Council now finds are out of date;
NOW, TIIEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as follows:
I. Resolution No. 3300 is hereby repealed and replaced by this Resolution.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 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 of the violation.
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Town Council Resolution ]()..2001
Code Enforcement Fines 2001
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on March 7, 2001 by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ATTEST:
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DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution 10-2001
Bach, Gram, Matthews, Slavitz, Thompson
None
None
Sf
ANDREW THOMPSON, MAYOR
Town ofTiburon
Code Enforcement Fines 2001
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EXHmIT A
ADMINISTRATIVE FINES
1.
Work without a Permit (Municipal Code 9 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.
2. Violation of Building Permit Conditions (Municipal Code 99 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.
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3. Violation of any conditions included in a resolution designating property as an historic
landmark (Municipal Code 99 13B-6, 13B-7): $103
4. Violation of Other Development Permit Conditions (Municipal Code 916.5.12.00): $103
for each day that the violation persists.
5. Alteration, Planting or Removal of Tree without Permit (Municipal Code 9 I5A-3):
$1000 per tree.
6. Failure to maintain dogs on leash in specified areas (Municipal Code 9 20-3): $45.
7. Failure to Remove dog feces (Municipal Code 9 20-4): $45.
8. Keeping or maintaining a horse without a permit (Municipal Code 9 20-10): $103.
9. Failure to make improvements required by a Residential Building Report (Municipal
Code 9 13A-8): $103
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Town Council Resolution 10-2001
Code Enforcement Fines 2001
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10.
Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Code 99 20A-7, 20A-8, 20A-9, 20A-I0, 20A-ll):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1000 per day
I 1. 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.
Town Council Resolution 10-2001
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Code Enforcement Fines 2001