HomeMy WebLinkAboutTC Res 2011-10-05 (3)RESOLUTION NO. 45-2011
A RESOLUTION OF THE TOWNCOUNCIL
OF THE TOWN OF TIBURON
SUPERSEDING RESOLUTION NO. 01-2007
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 January 3, 2007, the Town Council adopted Resolution No. 01-2007, which
superseded Resolution No. 14-2004 and set forth the violations of the Municipal Code that may be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. 01-2007 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Municipal Code ("Bail Schedule"), which amounts the Council now finds certain of which are out of
date or otherwise in need of modification; and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 01-2007 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 of Tiburon as
follows:
1. Resolution No. 0l -2007 is hereby superseded by this Resolution.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
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 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 Council Resolution No. 45-2011 Schedule of Fines - Adopted 101512011
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 October 5, 2011 by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
M
JE kWVITZ, R
TO F T
' r
ATTEST:
f~ J
DIANE CRANE -IACOPI, TOWN CLERK
Town Council Resolution No. 45-2011 Schedule of Fines - Adopted 101512011 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): $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-4): $500
6. Violation of Zoning Ordinance or of Zoning Permit Conditions (Municipal Code § 16-
56.030): $154 for each day that the violation persists.
7. Alteration, Planting, or Removal of Tree without Permit (Municipal Code § 15A-3):
$1,000 per tree.
8. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Code 20A-7, 20A-8, 20A-9, 20A-10, and 20A-11):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1,000 per day.
Town Council Resolution No. 45-2011 Schedule of Fines - Adopted 101512011 3
9. Violations of the Town of Tiburon Solid Waste Ordinance (Municipal Code Sections 26-
3, 26-4, 26-5, 26-6, 26-7, and 26-8): $100 for each violation.
10. Violation of the Town of Tiburon Smoking and Tobacco Ordinance (Municipal Code
Sections 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 $716 for each violation otherwise punishable as
a misdemeanor (Section 28-11 only).
11. 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 $154 for violations otherwise punishable as infractions and
$716 for violations otherwise punishable as misdemeanors.
12. If case of direct conflict between this Exhibit A and the applicable Bail Schedule, this
Exhibit A shall control.
Town Council Resolution No. 45-2011 Schedule of Fines - Adopted 101512011 4