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File Number: 20-446 <br />exceed the maximum amounts pursuant to State law. <br />Per Government Code section 36900(c), violations of local building and safety codes are <br />punishable by (1) a fine not exceeding $130 for a first violation, (2) a fine not exceeding $700 for <br />a second violation of the same ordinance within one year, (3) a fine not exceeding $1,300 for <br />each additional violation of the same ordinance within one year of the first violation, and (4) a fine <br />not exceeding $2,500 for each additional violation of the same ordinance within two years of the <br />first violation in certain circumstances. SLMC section 7-5-105, subsection 114.4 currently <br />includes penalties of up to $1,000 for building and safety violations, which do not align with State <br />Law. <br />The City’s ability to impose penalties for code violations helps promote a healthy and safe <br />community for all its members. Imposing penalties for continued code violations is one of the <br />City’s tools to enforce the SLMC. Code violations often result in blight , or dangerous conditions <br />on private property, such as garbage accumulation, broken fences, and conditions attractive to <br />harmful vectors. Such violations expend City resources to clean up, may cause physical or <br />economic damage to persons and property, and may present attractive nuisances and public <br />health dangers to the community. <br />The Government Code does not set forth a maximum penalty amount for violations. Currently, the <br />SLMC contains a $5,000 maximum penalty amount that may be accrued for a single code <br />violation during a calendar year. The proposed amendments maintain a penalty cap for violations <br />accruing on single-family residential parcels, but eliminates the cap for other types of properties. <br />The financial burden on single-family home-owners to pay penalties for code violations is much <br />higher than on other types of properties. Additionally, since the financial burden on single-family <br />home-owners is higher, they remain motivated to correct and/or pay penalties, as compared to <br />other types of properties where the financial burden to pay penalties is lower, and thus motivation <br />for correction is lower. <br />Currently, the penalty amounts imposed for code violations by the SLMC are out of alignment with <br />the state maximums. Staff recommends amending the SLMC and the Fee Schedule in the San <br />Leandro Administrative Code to update the penalty amounts for consistency with state law. <br />Fiscal Impact <br />It is anticipated that higher building and safety code penalties and elimination of the $5,000 <br />annual cap for non-single-family properties would offset any decrease in revenues resulting from <br />lower administrative penalties. <br />Conclusions <br />Staff recommends that the City Council 1) adopt the attached ordinance amending the San <br />Leandro Municipal Code regarding monetary penalties for code violations in order to bring <br />penalty amounts in alignment with state law; and 2) adopt the attached resolution amending the <br />San Leandro Administrative Code to reflect the updated penalty amounts in the City’s Fee <br />Schedule. <br />Page 2 City of San Leandro Printed on 10/14/2020 <br />16