REPORT TO THE CITY COUNCIL May 1, 2025 FROM: ANDREW JANZ, City Attorney Office of the City Attorney THROUGH: ERICA CAMARENA, Chief Assistant City Attorney Office of the City Attorney, Code Enforcement BY: SARAH PAPAZIAN, Senior Deputy City Attorney Office of the City Attorney, Code Enforcement SUBJECT ..Title ***RESOLUTION - Adopting the 588th Amendment to the Master Fee Schedule Resolution No. 80-420 to add a civil penalty for failure to complete repairs on exterior elevated elements in the City Attorney's Office Division of Code Enforcement (Subject to Mayor's veto). ...Body RECOMMENDATION Staff recommends that the City Council adopt the 588th Amendment to the Master Fee Schedule Resolution No. 80-420 adding a civil penalty for failure to complete repairs on exterior elevated elements in the City Attorney's Office Section. EXECUTIVE SUMMARY The attached resolution to adopt the 588th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 adds a state-mandated civil penalty fee to the Code Enforcement subsection of the City Attorney's Office section of the MFS. BACKGROUND State Law Origin California Health and Safety Code section 17973 requires that all buildings containing three or more multifamily dwelling units be inspected by a qualified professional (Inspector), to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition. These exterior elevated elements include such things as balconies, decks, or porches. The Inspector conducting the inspections explicitly cannot be employed by the local jurisdiction (City). (Health & Saf. Code � 17973(a).) After the inspection is conducted, the Inspector is required to furnish the property owner with a report that advises what repairs, if any, are necessary. (Health & Saf. Code � 17973(c)(4).) If the property owner does not comply with the repair requirements of their report within 180 days, the Inspector is required to notify the City. (Health & Saf. Code � 17973(i)(2).) If the repairs are not completed within 30 days of the City receiving notice from the Inspector, the City is required to assess a civil penalty, per diem, until repairs are completed. (Ibid.) The penalty to be assessed by the City must be between $100 and $500 per day, and must be set in the master fee schedule. (Ibid.) Recommended Penalty Amount Staff has recommended the penalty fee be added to the Master Fee Schedule at $100 per day. Electing the lowest amount permitted by state statute will minimize the risk of a challenge that the penalty is in defiance of the Eighth and Fourteenth Amendments of the US Constitution, as an excessive fine and a deprivation without due process. (Hale v. Morgan, (1978) 22 Cal.3d 388; see also Kinney v. Vaccari (1980) 27 Cal. 3d 348) ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a "project." LOCAL PREFERENCE Local preference was not implemented as this action does not include a bid or award of a construction or services contract, FISCAL IMPACT This matter does not impact the General Fund. Attachments: 588th Amendment to the Master Fee Schedule Resolution and Exhibit A 493233v1