Executive summary:
Currently, the maximum fine that can be imposed with an Administrative Citation for any violation of the Municipal Code is $100. However, the code also allows for the City Council to adopt a resolution establishing fines greater than $100, up to a maximum of $1,000. Staff has prepared a schedule of fines which are recommended to be greater than the default amount of $100 associated with violations of Title 15 (Building) and Title 17 (Planning).
Discussion:
As a general practice, Community Planning and Building first seeks to gain compliance for violations of the Municipal Code. This means working together with property owners and responsible parties to help bring a situation into conformance with the City’s regulations. In fact, the Code Compliance unit’s name intentionally includes the word “compliance” rather than “enforcement” for this very reason. In most cases, staff is able to help correct violations and bring a site into compliance through these collaborative efforts. However, in some rare instances, responsible parties are unwilling to correct violations simply by being asked. For these cases, the Carmel Municipal Code (CMC) includes Chapter 18.04 which provides various enforcement based remedies, including Administrative Citations for misdemeanor violations. Although Administrative Citations are almost never a first course of action, they are an important tool for the City’s compliance professionals to help keep the City in good stead. Administrative Citations are not the only instrument afforded to staff in Chapter 18.04, which also includes remedies like Compliance Orders, criminal/civil penalties, and judicial reviews. Where these other remedies are longer and more involved processes including hearing officers, and potentially the court system, Administrative Citations can be issued on the spot by staff, and are required to be paid unless appealed to a hearing panel. This makes Administrative Citations the best “next step” for when compliance efforts need to be elevated past working collaboratively.
Section 18.04.080.A of the CMC states: “The fines for each municipal code or ordinance violation imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council. In the absence of a designated fine, the default fine for each violation shall be $100.00 per day.” Currently, no schedule of fines has been adopted by the City, so the maximum penalty for any misdemeanor violation of the Code is only $100. While this fine is appropriate for many violations of the CMC, there are some which may justify a higher penalty due to their nature. CMC Section 1.16.010.G.1 states in part that any misdemeanor of the code shall be punished “By a fine not exceeding $1,000…”, which is consistent with Government Code Section 36901, so there is still a limit to the penalty amount. Therefore, staff is proposing increased fines for certain violations of Title 15 (Building) and Title 17 (Planning) ranging from $150 to $1,000. This proposed schedule of fines has been included as Attachment 2. City Council is being asked to consider the increased penalties, provide any additional direction on the amounts, and to adopt a resolution which would implement the new fines.
It should be noted that Administrative Penalties could be applied for violations of additional CMC sections which are regulated by other City departments like Forestry and Environmental Compliance if they are found to be misdemeanors. However, after consultation with the City Attorney, Chapter 1.16 is unclear about whether violations of these other sections are “Infractions” or “Misdemeanors”. Staff intends to return to Council in the near future with an ordinance amending Chapter 1.16, which would clarify this distinction and thus provide additional compliance tools for these other City departments. The schedule of fines would also be amended at that time to include any additional categories of violations which warranted a penalty greater than $100.