HomeMy WebLinkAboutTC Res 2007-01-03 (6)
RESOLUTION NO. 01-2007
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
SUPERSEDING RESOLUTION NO. 14-2004
SETTING FORTH THE VIOLATIONS OF THE
MUNICIPAL CODE THAT MAY BE ENFORCED BY
ADMINISTRATIVE CITATION PUR&UANT TO CHAPTER
31 OF THE MUNICIPAL CODE AND ADOPTING AN
UPDATED SCHEDULE OF FINES FOR VIOLATIONS
WHEREAS, on April 7,2004, the Town Council adopted Resolution No. 14-2004, 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. 14-2004 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Municipal Code ("Bail Schedule"), which amounts the Council now finds certain of which are out of
date or otherwise in need of modification; and
WHEREAS, the Town Council finds that certain amendments to the Municipal Code adopted
since adoption of Resolution 14-2004 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 Resolution No. 14-2004 is hereby superseded by this Resolution.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 of the violation.
Town Coundl Resolution No. 01-2007
Schedule of Fines - Adopted 01/0312007
4. The fine amounts imposed herein shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on January 3,2007 by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks & Gram
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
ATTEST:
. /
.~2J/L<~
DIANE CRANE IACOPI, TOWN CLERK
Town Coundl Resolution No. 01-2007
Schedule of Fines - Adopted 01/0312007
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EXHIBIT A
ADMINISTRATIVE FINES
1. Work without a Permit [Building, Plumbing, Electrical, etc.] (Municipal Code 9 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 99 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 9 13A-3): $1,000
4. Failure to make "mandatory" corrections required by a Report of Residential Building
Record (Municipal Code 9 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 99 13B-6, 13B-7): $500
6. Violation of Zoning Ordinance or of Zoning Permit ConditiQns (Municipal Code 916-
5.13.1): $126 for each day that the violation persists.
7. Alteration, Planting, or Removal of Tree without Permit (Municipal Code 9 15A-3):
$1,000 per tree.
8. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Code 99 20A-7, 20A-8, 20A-9, 20A-I0, and 20A-ll):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1,000 per day
Town Cound/ Resolution No. 01-2007
Schedule of Fines - Adopted 01/0312007
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9. 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 $126 for violations otherwise punishable as infractions and
$621 for violations otherwise punishable as misdemeanors.
10. If case of direct conflict between this Exhibit A and the applicable Bail Schedule, this
Exhibit A shall control.
Town Coundl Resolution No. 01-2007
Schedule of Fines - Adopted 0110312007
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