1-9.6 Administrative Fines.
a. Unless otherwise specified in this Code, notwithstanding Section 1-5, General Penalty, the administrative fine for a violation determined to be an infraction shall be:
1. A fine of one hundred ($100.00) dollars for a first violation.
2. A fine of two hundred ($200.00) dollars for a second violation of the same ordinance within one (1) year of the first violation.
3. A fine of five hundred ($500.00) dollars for each additional violation of the same ordinance within one (1) year of the first violation.
b. Notwithstanding Section 1-5, the administrative fine for a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine of one hundred thirty ($130.00) dollars for a first violation.
2. A fine of seven hundred ($700.00) dollars for a second violation of the same ordinance within one (1) year of the first violation.
3. A fine of one thousand three hundred ($1,300.00) dollars for each additional violation of the same ordinance within one (1) year of the first violation.
4. A fine of two thousand five hundred ($2,500.00) dollars for each violation of the same ordinance within two (2) years if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
c. The City Council may adjust the penalties for specific administrative violations by resolution.
d. Pursuant to Government Code Section 36900, a responsible party may request a hardship waiver to reduce the amount of the fine imposed pursuant to subsection (a)(2), (a)(3), (b)(2), (b)(3) or (b)(4) of this section.
1. A hardship waiver for a fine reduction may be requested no later than fourteen (14) calendar days after the administrative violation is served. This responsible party is required to make a showing that they have made a bona fide effort to comply after the first violation and that payment of the full amount would impose an undue financial burden on them. The head official of the issuing department, or their designee, is charged with reviewing fine reduction requests. Any responsible party receiving a fee reduction pursuant to this subsection retains the right to appeal the administrative violation pursuant to subsection 1-9.7. The twenty-one (21) calendar day appeal period of subsection 1-9.7 shall not be extended due to any fine reduction request pursuant to this subsection.
e. Subject to subsection 1-9.10, each and every day during any portion of which any violation is committed, continued, or permitted shall be deemed a separate and distinct violation for purposes of setting the administrative fine pursuant to this subsection.
f. The penalty imposed shall be payable to the City, or to a collection agency if the penalty has been assigned to a collection agency, pursuant to subsection 1-9.9. (Ord. #222-2019, S4)