Ordinance 2875E
0
IJ-
o _
.4-. ® Section 1. The Alameda Municipal Code is hereby amended by adding subsection 1 -5.1 (f)
co •43. H (Mandatory Minimum Penalties) to Section 1 -5 (Penalty Provisions; Enforcement), Chapter I
-0 ` a (General), thereof, to read as follows:
I' 1 -5.1 Misdemeanors; Infractions; General Penalty; Continuing Violations; Mandatory
CL V Minimum Penalties
fti' .64)
CITY OF ALAMEDA ORDINANCE NO. 2875
New Series
AMENDING ALAMEDA MUNICIPAL CODE BY AMENDING SUBSECTION 1-
5.1 (MISDEMEANORS; INFRACTIONS; GENERAL PENALTIES; CONTINUING
VIOLATIONS) OF SECTION 1 -5 (PENALTY PROVISIONS ENFORCEMENT),
OF CHAPTER I (GENERAL), TO SET MANDATORY MINIMUM PENALTIES
FOR SPECIFIC VIOLATIONS.
WHEREAS, it is the purpose of the City Council in enacting this Ordinance to promote and
protect the existence of adequate housing facilities, to provide for the maintenance of the minimum
requirements for the protection of life, limb, property, safety and welfare of the general public and the
owners and occupants of residential buildings and to eliminate substandard housing. In furtherance
of this purpose, the City Council enacts mandatory minimum penalties for those violations by property
owners or entities who violate the Alameda Housing Code (Section 13 -7 et seq) and thereby fail to
provide the required minimum standards of habitability for residential housing as defined under this
Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that:
f. Notwithstanding the maximum penalty prescribed by subsection 1- 5.1(b), for any
violation of the Alameda Housing Code (Section 13 -7 et seq) of the Alameda Municipal Code, the
following mandatory minimum penalty shall be imposed:
(1) Upon conviction for a first violation, a fine of no less than Three Hundred and Fifty
Dollars ($350) shall be imposed for each count;
(2) Upon conviction for a second violation within five (5) years of the first conviction,
a fine of no less than Six Hundred Dollars ($600) shall be imposed for each count;
(3) Upon conviction of a third violation or any subsequent violation within five (5)
years of the prior conviction, a fine of no less than Eight Hundred and Fifty Hundred Dollars ($850)
shall be imposed for each count.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda
hereby declares that it would have passed this ordinance, and each section, subsection, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
Section 3. This Ordinance shall be in full force and effect from and after the expiration
of thirty (30) days from the date of its final passage.
Attest:
t__4114/5-;
City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in an adjourned regular meeting
assembled on the 5th day of February, 2002 by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr, and
Mayor Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 6th day of February, 2002.
1-04rei WOA
Lara Weisiger, City Clerk
City of Alameda