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California Assembly Bill AB556

California 2017-2018 Regular Session

California Assembly Bill AB556 Compare Versions

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1-Assembly Bill No. 556 CHAPTER 405 An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government. [ Approved by Governor October 02, 2017. Filed with Secretary of State October 02, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 556, Limn. County ordinances: violations: fines. The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.This bill would make changes to these provisions to conform to the above-described changes.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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
1+Enrolled September 08, 2017 Passed IN Senate September 05, 2017 Passed IN Assembly September 07, 2017 Amended IN Senate August 29, 2017 Amended IN Senate July 05, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly May 16, 2017 Amended IN Assembly April 24, 2017 Amended IN Assembly March 14, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 556Introduced by Assembly Member LimnFebruary 14, 2017 An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 556, Limn. County ordinances: violations: fines. The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.This bill would make changes to these provisions to conform to the above-described changes.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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
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3- Assembly Bill No. 556 CHAPTER 405 An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government. [ Approved by Governor October 02, 2017. Filed with Secretary of State October 02, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 556, Limn. County ordinances: violations: fines. The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.This bill would make changes to these provisions to conform to the above-described changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 08, 2017 Passed IN Senate September 05, 2017 Passed IN Assembly September 07, 2017 Amended IN Senate August 29, 2017 Amended IN Senate July 05, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly May 16, 2017 Amended IN Assembly April 24, 2017 Amended IN Assembly March 14, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 556Introduced by Assembly Member LimnFebruary 14, 2017 An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 556, Limn. County ordinances: violations: fines. The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.This bill would make changes to these provisions to conform to the above-described changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4+
5+ Enrolled September 08, 2017 Passed IN Senate September 05, 2017 Passed IN Assembly September 07, 2017 Amended IN Senate August 29, 2017 Amended IN Senate July 05, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly May 16, 2017 Amended IN Assembly April 24, 2017 Amended IN Assembly March 14, 2017
6+
7+Enrolled September 08, 2017
8+Passed IN Senate September 05, 2017
9+Passed IN Assembly September 07, 2017
10+Amended IN Senate August 29, 2017
11+Amended IN Senate July 05, 2017
12+Amended IN Senate June 20, 2017
13+Amended IN Assembly May 16, 2017
14+Amended IN Assembly April 24, 2017
15+Amended IN Assembly March 14, 2017
16+
17+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
418
519 Assembly Bill No. 556
6-CHAPTER 405
20+
21+Introduced by Assembly Member LimnFebruary 14, 2017
22+
23+Introduced by Assembly Member Limn
24+February 14, 2017
725
826 An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government.
9-
10- [ Approved by Governor October 02, 2017. Filed with Secretary of State October 02, 2017. ]
1127
1228 LEGISLATIVE COUNSEL'S DIGEST
1329
1430 ## LEGISLATIVE COUNSEL'S DIGEST
1531
1632 AB 556, Limn. County ordinances: violations: fines.
1733
1834 The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.This bill would make changes to these provisions to conform to the above-described changes.
1935
2036 The California Constitution authorizes a county to make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws, and existing law establishes the procedure by which counties may enact ordinances. Under existing law, violation of a county ordinance is generally a misdemeanor, unless by ordinance it is made an infraction. Existing law establishes fines for violations of an ordinance determined to be an infraction and limits the amount of fine to $100 for a first violation, $200 for a 2nd violation within one year, and $500 for each additional violation within one year or, in the case of violations of a local building and safety code, a fine not exceeding $100 for a first violation, $500 for a 2nd violation within one year, and $1,000 for each additional violation within one year.
2137
2238 This bill would increase the maximum amount of a fine for a violation of an event permit requirement, as defined, to $150 for a first violation, $700 for a 2nd occurrence of the same violation by the same owner or operator within 3 years, and $2,500 for each additional occurrence of the same violation by the same owner or operator within 3 years.
2339
2440 Existing law authorizes the legislative body of a local agency, as defined, 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, as specified. Where the violation would otherwise be an infraction, existing law requires that the administrative fine or penalty not exceed the maximum fine or penalty amounts set forth in specified law, including the above-described provisions regarding the limitation on the maximum amount of fine for the violation of a county ordinance determined to be an infraction.
2541
2642 This bill would make changes to these provisions to conform to the above-described changes.
2743
2844 ## Digest Key
2945
3046 ## Bill Text
3147
3248 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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
3349
3450 The people of the State of California do enact as follows:
3551
3652 ## The people of the State of California do enact as follows:
3753
3854 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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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.
3955
4056 SECTION 1. Section 25132 of the Government Code is amended to read:
4157
4258 ### SECTION 1.
4359
4460 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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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.
4561
4662 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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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.
4763
4864 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 dollars ($100) for a first violation.(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.(d) (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.
4965
5066
5167
5268 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.
5369
5470 (b) Every violation that is an infraction is punishable by the following:
5571
5672 (1) A fine not exceeding one hundred dollars ($100) for a first violation.
5773
5874 (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
5975
6076 (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
6177
6278 (c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
6379
6480 (1) A fine not exceeding one hundred dollars ($100) for a first violation.
6581
6682 (2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year of the first violation.
6783
6884 (3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.
6985
7086 (d) (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:
7187
7288 (A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.
7389
7490 (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.
7591
7692 (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.
7793
7894 (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.
7995
8096 (B) For purposes of this paragraph, the following definitions apply:
8197
8298 (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.
8399
84100 (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.
85101
86102 SEC. 2. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
87103
88104 SEC. 2. Section 53069.4 of the Government Code is amended to read:
89105
90106 ### SEC. 2.
91107
92108 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
93109
94110 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
95111
96112 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.
97113
98114
99115
100116 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.
101117
102118 (2) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
103119
104120 (b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.
105121
106122 (2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
107123
108124 (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
109125
110126 (c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
111127
112128 (d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.