HomeMy WebLinkAbout04- Presentation CITY OF SAN BERNARDINO
INTRA-OFFICE MEMORANDUM
TO: James F. Penman, City Attorney
FROM: Jamie J. Cimino, Administrative Analy
DATE: February 1, 2010
RE: Administrative Civil Penalties' Citation Totals
cc: Jolena E. Grider, Senior Deputy City Attorney
CUMULATIVE TOTALS
Per your request,I have compiled a report with the most current totals for Administrative Civil Penalties
(ACP) for the 2009/2010 fiscal year. These totals include penalties that are daily fines, therefore these
totals will not be accurate beyond January 31, 2010.
[See Chart 1. Cumulative Fiscal Year Totals]
Entered Into R . at MCC/CDC Mg �// 0
by;
Agend em No;
by;
City ClerW DC Secretary
City of San Bernardino
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DEPARTMENTAL TOTALS
Below is a departmental breakdown of the Administrative Civil Penalties totals for the current fiscal year.These
totals are what was used to calculate the Cumulative Total. It should also be noted that payments are an option,
so the collected total does not equal the total awarded.
City Attorney's Office
The majority of the Penalties from the City Attorney's Office are daily fines, therefore, these totals will not be
accurate beyond the date of this memo.
In addition,the Administrative Civil Penalties issued by the City Attorney's Office are labor intensive and require
different time allowances than those by other departments. The number of ACP's issued is far less than the
amount of active cases within the City Attorney's Office.
Total Collected Funds: $714,312.19
Total Awarded by Hearing Officer: $1,462,722.50
Police Department
The Penalties issued by the Police Department are typically one time penalties that are issued much like a typical
Police Citation(contact is made and a Penalty is issued),which means that the number of ACP's issued is equal
to the number of active cases.
The Police Department typically uses the Administrative Civil Penalties for Loud Noise violations(parties and
vehicular music) and Mount Vernon Bridge Violations.
Total Collected Funds: $32,234.93
Total Awarded by Hearing Officer: $90,100.00
Code Enforcement
The Penalties issued by Code Enforcement are labor intensive, similarly to the City Attorney's. Code
Enforcement is mostly using the Administrative Civil Penalties when previous remedies are not effective.
Total Collected Funds: $82,519.00
Total Awarded by Hearing Officer: $439,766.00
Fire Deoartment
The Penalties issued by the Fire Department are similar to those issued by the City Attorney's Office,they require
more time to issue and, like Code Enforcement, are issued after previous remedies are not effective.
Total Collected Funds: $8,600.00
Total Awarded by Hearing Officer: $83,637.00
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Development Services
The Penalties issued by Development Services will vary between daily penalties and one time penalties.
Development Services will have the broadest spectrum of Civil Penalties from any department and will include:
permitting violations; stop work orders; and NPDES violations.
Total Collected Funds: $2,500.00
Total Awarded by Hearing Officer: $14,250.00
F;/Grider\AdministmtiveC ivilPenaltiesuJCACPMemos�AC Ptotals.1.31.10
CITY OF SAN BERNARDINO
INTRA-OFFICE MEMORANDUM
TO: James F. Penman, City Attorney
FROM: Jamie J. Cimino, Administrative Analys
DATE: January 27, 2010
RE: Small Claims Proceedings on ACP's
cc: Jolena E. Grider, Senior Deputy City Attorney
On January 27,2010,I appeared,on behalf of the City,in Small Claims Court(Department S-31).
The City brought three Small Claims cases before the Court requesting judgments from unpaid
Administrative Civil Penalties (ACPs).
The cases were Administrative Civil Penalties that were issued for loud noise violations. After
being issued ACPs,the defendants were given an opportunity to contest the ACP's in front of the
Hearing Officer. One of the three defendants appeared at their hearings and the Hearing Officer
ordered all of the defendants to pay the Administrative Civil Penalties in the amount of$1,000.00.
The defendant that appeared at the hearing signed a payment agreement and defaulted on the
agreement.
The City brought these cases to Small Claims court to request the full judgement in each case.Two
of the three defendants appeared to the Small Claims proceedings and signed a Stipulated
Judgements for the individual totals owed, plus $30.00 court costs. There was one uncontested
case and the judge awarded the City the total amount requested.
In total the City was awarded $3,000.00 and $60.00 in court costs.
EnterAA Into R , at MCC/CDC %:�Il L 8
by:
Agend fMNo:
City OWN Secretary
Cimino/Memos/SmallClaims\1.27.10 City of San Bernardino