§ 25132. — 25132. (Amended by Stats. 2021, Ch. 307, Sec. 1.)

California § 25132.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 3.: DIVISION 2. OFFICERS
• Part 2.: PART 2. BOARD OF SUPERVISORS
• Ch. 1.: CHAPTER 1. Organization
• Art. 7.: ARTICLE 7. Ordinances

Text

(a)
Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b)
Every violation that is an infraction is punishable by the following:
(1)
A fine not exceeding one hundred dollars ($100) for a first violation.
(2)
A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
(3)
A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
(c)
Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
(1)
A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2)
A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3)
(A)
A fine not exceeding one thousand three hundred dollars ($1,300) for each
additional violation of the same ordinance within one year of the first violation.
(B)
A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d)
(1)
Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:
(A)
A fine not exceeding one hundred fifty dollars ($150) for the
first violation of an event permit requirement.
(B)
A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(C)
A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(2)
(A)
For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which
the owner or operator derives a commercial benefit.
(B)
For purposes of this paragraph, the following definitions apply:
(i)
“Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.
(ii)
“Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results
from the rental of the property for a term of less than 31 consecutive days.
(e)
(1)
Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A)
A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B)
A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C)
A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2)
For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3)
For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4)
The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described
in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.
(f)
A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

Legislative History

Amended by Stats. 2021, Ch. 307, Sec. 1. (SB 60) Effective September 24, 2021.