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City of San Leandro <br />Meeting Date: October 19, 2020 <br />Staff Report <br />Agenda Section:File Number:20-446 PUBLIC HEARINGS <br />Agenda Number:5.A. <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Tom Liao <br />Community Development Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a City of San Leandro Ordinance Amending Certain Sections of <br />the San Leandro Municipal Code and Resolution Amending Certain Sections of <br />the Administrative Code Related to Penalties for Code Violations. <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council approve and adopt an ordinance that updates the penalty <br />amounts for violations of the San Leandro Municipal Code to comport with state law penalty <br />thresholds and adopt a resolution that updates the San Leandro Administrative Code to reflect <br />the updated penalty amounts in the current Master Fee Schedule. <br />BACKGROUND AND ANALYSIS <br />The City of San Leandro (“City”) is authorized pursuant to Government Code sections 53069.4 <br />and 36900 to regulate and impose penalties on violations of local ordinances. San Leandro <br />Municipal Code (“SLMC”) Chapter 1-12 lays out the authority and procedure for the City to <br />impose penalties for code violations, and SLMC Chapter 7-5 lays out the authority and procedure <br />for the City to impose penalties for violations of the building code. <br />The California Government Code stipulates the maximum fine amounts that cities may impose for <br />violations of local ordinances and for violations of the building code. From time to time, the <br />California Legislature updates these maximum fine amounts to reflect inflation. In 2019, the <br />Government Code was amended to reflect increased penalty amounts for building and safety <br />code violations. <br />Per Government Code sections 53069.4, 25132, and 36900(b), where a code violation would <br />otherwise be an infraction, each violation is punishable by (1) a fine not exceeding $100 for a first <br />violation, (2) a fine not exceeding $200 for a second violation of the same ordinance within one <br />year, and (3) a fine not exceeding $500 for each violation of the same ordinance within one year. <br />SLMC 1-12-415 currently includes penalties of $150, $300, and $600 for code violations, which <br />Page 1 City of San Leandro Printed on 10/14/2020 <br />15