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
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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
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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:
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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)