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California Assembly Bill AB2598

California 2017-2018 Regular Session

California Assembly Bill AB2598 Compare Versions

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1-Assembly Bill No. 2598 CHAPTER 970 An act to amend Sections 25132 and 36900 of the Government Code, relating to local government. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2598, Quirk. Cities and counties: ordinances: violations.Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25132 of the Government Code is amended to read:25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.SEC. 2. Section 36900 of the Government Code is amended to read:36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
1+Enrolled August 24, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly August 23, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2598Introduced by Assembly Member QuirkFebruary 15, 2018 An act to amend Sections 25132 and 36900 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2598, Quirk. Cities and counties: ordinances: violations.Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25132 of the Government Code is amended to read:25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.SEC. 2. Section 36900 of the Government Code is amended to read:36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
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3- Assembly Bill No. 2598 CHAPTER 970 An act to amend Sections 25132 and 36900 of the Government Code, relating to local government. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2598, Quirk. Cities and counties: ordinances: violations.Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled August 24, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly August 23, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2598Introduced by Assembly Member QuirkFebruary 15, 2018 An act to amend Sections 25132 and 36900 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2598, Quirk. Cities and counties: ordinances: violations.Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4+
5+ Enrolled August 24, 2018 Passed IN Senate August 09, 2018 Passed IN Assembly August 23, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly March 22, 2018
6+
7+Enrolled August 24, 2018
8+Passed IN Senate August 09, 2018
9+Passed IN Assembly August 23, 2018
10+Amended IN Senate June 14, 2018
11+Amended IN Assembly April 16, 2018
12+Amended IN Assembly March 22, 2018
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Assembly Bill No. 2598
6-CHAPTER 970
17+
18+Introduced by Assembly Member QuirkFebruary 15, 2018
19+
20+Introduced by Assembly Member Quirk
21+February 15, 2018
722
823 An act to amend Sections 25132 and 36900 of the Government Code, relating to local government.
9-
10- [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]
1124
1225 LEGISLATIVE COUNSEL'S DIGEST
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1427 ## LEGISLATIVE COUNSEL'S DIGEST
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1629 AB 2598, Quirk. Cities and counties: ordinances: violations.
1730
1831 Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
1932
2033 Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
2134
2235 The bill would, for violations of a local building and safety code determined to be an infraction, increase the amounts of the fines to $130 for a first violation, $700 for a 2nd violation of the same ordinance within one year, and $1,300 for each additional violation of the same ordinance within one year of the first violation. The bill would additionally provide for a fine of $2,500 for each additional violation of the same ordinance within 2 years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
2336
2437 The bill would additionally require a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
2538
2639 ## Digest Key
2740
2841 ## Bill Text
2942
3043 The people of the State of California do enact as follows:SECTION 1. Section 25132 of the Government Code is amended to read:25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.SEC. 2. Section 36900 of the Government Code is amended to read:36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
3144
3245 The people of the State of California do enact as follows:
3346
3447 ## The people of the State of California do enact as follows:
3548
3649 SECTION 1. Section 25132 of the Government Code is amended to read:25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
3750
3851 SECTION 1. Section 25132 of the Government Code is amended to read:
3952
4053 ### SECTION 1.
4154
4255 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
4356
4457 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
4558
4659 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation that is an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.(2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.(B) For purposes of this paragraph, the following definitions apply:(i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.(ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
4760
4861
4962
5063 25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
5164
5265 (b) Every violation that is an infraction is punishable by the following:
5366
5467 (1) A fine not exceeding one hundred dollars ($100) for a first violation.
5568
5669 (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
5770
5871 (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
5972
6073 (c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
6174
6275 (1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
6376
6477 (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
6578
6679 (3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
6780
6881 (B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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.
6982
7083 (d) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
7184
7285 (e) (1) Notwithstanding any other law, including subdivisions (b) and (c), a violation of an event permit requirement that is an infraction is punishable by the following:
7386
7487 (A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.
7588
7689 (B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
7790
7891 (C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
7992
8093 (2) (A) For purposes of this subdivision, violation of an event permit requirement means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.
8194
8295 (B) For purposes of this paragraph, the following definitions apply:
8396
8497 (i) Commercial in nature means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.
8598
8699 (ii) Commercial benefit means any remuneration received in exchange for allowing the property on which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
87100
88101 SEC. 2. Section 36900 of the Government Code is amended to read:36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
89102
90103 SEC. 2. Section 36900 of the Government Code is amended to read:
91104
92105 ### SEC. 2.
93106
94107 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
95108
96109 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
97110
98111 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.(b) Every violation determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred dollars ($100) for a first violation.(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
99112
100113
101114
102115 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
103116
104117 (b) Every violation determined to be an infraction is punishable by the following:
105118
106119 (1) A fine not exceeding one hundred dollars ($100) for a first violation.
107120
108121 (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
109122
110123 (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
111124
112125 (c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
113126
114127 (1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
115128
116129 (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
117130
118131 (3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
119132
120133 (B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation 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.
121134
122135 (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.