Local government: ordinances: penalties for violation: nonresidential structures

The law creates a stepped fine structure for violations at nonresidential structures of at least 20,000 square feet and allows much larger penalties when a violation triggers an emergency or disaster declaration.

What the law does ​

• Allows cities and counties to fine up to $1,000 for a first qualifying violation, $2,000 for a second violation of the same ordinance within five years, and $5,000 for each additional violation within five years.
• Allows those fines to be multiplied by up to 10, capped at $50,000 per violation, when the violation results in a gubernatorial state-of-emergency declaration or federal disaster declaration.
• Limits the emergency-related fine increase to Los Angeles County before July 1, 2028, and thereafter excludes certain lower-CalEnviroScreen regions outside Los Angeles County and business, educational, institutional, and mercantile building classifications.
• Makes a tenant or other party controlling the violating condition responsible for the emergency-related fine, while preserving owner liability for conditions under the owner's control.
• Expressly authorizes county boards of supervisors to impose ordinance fines, penalties, and forfeitures, including up to $1,000 in fines or up to six months' imprisonment.

Who it affects ​

• Owners of large nonresidential properties.
• Tenants and other operators controlling activities, equipment, processes, or conditions at large nonresidential properties.
• Cities, counties, and county boards of supervisors enforcing local ordinances.

Context ​

The Legislature enacted special provisions for Los Angeles County based on its concentration of population near varied land uses.