HomeMy WebLinkAboutMINUTES - 02142012 - C.12RECOMMENDATION(S):
As the Board of Supervisors and as the Board of Directors of the Contra Costa County Fire
Protection District: ADOPT 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.
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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/14/2012 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: Lewis 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 14, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc:
C.12
To:Contra Costa County Fire Protection District Board of Directors
From:Daryl L. Louder, Chief, Contra Costa County Fire Protection District
Date:February 14, 2012
Contra
Costa
County
Subject:Adoption of Administrative Citation Ordinance
would establish administrative penalties for violations of the Fire Code.
BACKGROUND: (CONT'D)
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.
ATTACHMENTS
Ordinance No. 2012-02
Ordinance No. 2012-03