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C. 8
To: Contra Costa County Fire Protection District Board of Directors
From: Daryl L. Louder, Chief, Contra Costa County Fire Protection District
Date: February  7, 2012
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Administrative Citation Ordinance

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/07/2012
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
Gayle B. Uilkema, District II Supervisor
Contact: Louis Broschard, 925-941-3520
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     February  7, 2012
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

As the Board of Supervisors and as the Board of Directors of the Contra Costa County Fire Protection District:   
  

INTRODUCE Ordinance No. 2012-02 amending Ordinance No. 2010-15 to revise the penalties for violation of the Fire Code; and Ordinance No. 2012-03 establishing administrative penalties for violations of the Fire Code; WAIVE reading and FIX February 14, 2012, as the date for adoption of the ordinances.  

FISCAL IMPACT:

The fiscal impact of adopting these ordinances is positive. The adoption of these ordinances will provide the administrative authority to impose and collect fines for violations of the Fire Code.


BACKGROUND:

Section 109.3 of the California Fire Code, as amended by Contra Costa County Fire Protection District Ordinance No. 2010-15, presently provides that a violation of any provision of the Fire Code is a misdemeanor. Ordinance No. 2012-02 would amend Ordinance No. 2010-15 to allow violations of the Fire Code to be enforced as infractions or misdemeanors, in accordance with Health and Safety Code Section 13871, Government Code Section 53069.4, and proposed Ordinance No. 2012-03.  
  
Ordinance No. 2012-03 would establish administrative penalties for violations of the Fire Code. Penalties would be assessed as fines by the Fire District in the amount of one hundred dollars ($100.00) for a first violation, five hundred dollars ($500.00) for a second violation, and one thousand dollars ($1000.00) for each additional violation of the same code section within one year.  
  
The Fire District currently has no remedy for assessing penalties or fines for violation of the Fire Code and prosecutes Fire Code violations as misdemeanors. The adoption of the two proposed ordinances would assist the Fire District in achieving compliance through proper code enforcement. Lack of a genuine and robust accountability system for violators of the Fire Code leads to apathy and long-term, lingering safety issues for the community.  

CONSEQUENCE OF NEGATIVE ACTION:

Without the adoption of these ordinances, the enforcement of Section 109.3 of the Fire Code is a lengthy process without immediate financial consequences for violators, creating long-term safety issues for the public and increasing the cost of providing code enforcement.

CHILDREN'S IMPACT STATEMENT:

Not Applicable.

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