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Resolution 2005-09 RESOLUTION NO. 2005-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING FORTH THE ADMINISTRATIVE PENALTY SCHEDULE AND LATE PAYMENT CHARGES FOR CERTAIN VIOLATIONS OF THE GILROY CITY CODE WHEREAS, the City of Gilroy City Council adopted Ordinance No. 2004-09, now set forth in Chapter 6A of the Gilroy City Code ("City Code"), which established the administrative citation and administrative remedies processes for enforcing provisions of the City Code; and WHEREAS, Section 6A.13 of the City Code provides that an enforcement officer of the City charged with the enforcement of the City Code shall have the authority to issue administrative citations to any person or entity responsible for violation of the City Code; and WHEREAS, Section 6A.14 of the City Code states that the administrative penalty amounts for City Code violations shall be set forth in a schedule of penalties established by Resolution of the City Council, which schedule shall specify any increased penalties for repeat violations of the same City Code section, and shall further specify the amount of any late payment charges imposed for the payment of a penalty after its due date; and WHEREAS, subsection (a) of California Government Code section 53069.4 states that where the violation of a municipal code would otherwise be an infraction, the administrative fine or penalty shall not exceed a maximum fine or penalty amounts for infractions set forth in subdivision (b) of Government Code section 36900; and WHEREAS, subdivision (b) of Government Code section 36900 states that all violations determined to be an infraction are punishible by (1) a fine not exceeding one hundred dollars ($100) for the first violation; (2) a fine not exceeding two hundred dollars ($200) for a second IJH1647194.1 011705-04706085 -1- Resolution No. 2005-09 violation within one year; and (3) a fine not exceeding five hundred dollars ($500) for each additional violation within one year; and WHEREAS, subdivision (c) of Government Code section 36900 states that, notwithstanding any provision of law, a violation of local building and safety codes determined to be an infraction is punishable by one hundred dollars ($100) for the first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation within one year; and (3) a fine not exceeding one thousand dollars ($1000) for each additional violation within one year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. This Resolution hereby repeals and replaces Resolution 2004-105 in its entirety. Section 2. The administrative penalties for all violations of the City Code that do not involve violations oflocal building and safety code shall be (1) one hundred dollars ($100) for a first violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) afive hundred dollars ($500) for each additional violation within one year. Section 3. The administrative penalties for all violations of the City Code that involve violations of local building and safety code shall be (1) one hundred dollars ($100) for a first violation; (2) five hundred dollars ($500) for a second violation within one year; and (3) one thousand dollars ($1000) for each additional violation within one year. Section 4. Any penalty amount imposed pursuant to Chapter 6A will be deemed delinquent if it is not paid in the accordance with Section 6A.15 (Payment of Penalty) and/or Section 6A.32 (Adminstrative Penalites). Any person who fails to pay to the City all or part of the amount of any penalty imposed on or before the date that the penalty amount is due IJH1647194.1 011705-04706085 -2- Resolution No. 2005-09 will become liable for the payment of an additional delinquency payment. The delinquency penalty will be equal to ten percent (10%) of the amount of the penalty remaining unpaid to the City per month. Section 5. If any section, subsection, subdivision, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. PASSED AND ADOPTED this 7th day of February, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~6:: ATTEST: ~~ IJH1647194.1 011705-04706085 -3- Resolution No. 2005-09 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-09 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of February, 2005, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 14th day of February, 2005. ~L~. City Clerk of the City of Gilroy (Seal)