HomeMy WebLinkAbout2_17_2021_Open Session_Agenda Item 11_Elliot, Terry_suggesting removal of max penaltyMayor & City Council Agenda item #11
February 17, 2021 Public Comment
RE: Council Item # 11
A reading of the proposed code at section 9.93.020 (e) Caps the
maximum Code Enforcement penalty at $100k. While admittedly, this
would devastate the average citizen, to those involved in Cannabis or
larger Corporations this seems to make no sense as they probably would
pay that fine and based on your proposed Amendment, they could
operate into perpetuity without the City being able to do anything.
One lawsuit would use that up in mere days. In addition, the code only
permits the owner of the parcel to be cited and not the owner of the
business. Also.
Maybe a better reading could say that upon penalties reaching $100k,
the City would automatically act. If the issue should re-occur, the city
should be able to open a new case?
Further, I remember when this language was suggested, it did not use
settled law. I suggest removing the max penalty altogether at this time
until there is settled law to support it.
Terry Elliott
San Bernardino Public Safety Commissioner