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 ($1,000.00) 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.