AMENDED IN ASSEMBLY AUGUST 20, 2026
AMENDED IN ASSEMBLY AUGUST 13, 2026
AMENDED IN ASSEMBLY JULY 17, 2025
AMENDED IN SENATE MAY 23, 2025
AMENDED IN SENATE MAY 6, 2025
AMENDED IN SENATE APRIL 21, 2025
AMENDED IN SENATE MARCH 26, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
92
URGENCY STATUTE
Introduced by Senator Durazo
February 21, 2025
An act to amend Sections 25132, 36900, and 36901 of, and to add Section 25133 to, the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately.
Vote: 2/3 Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law makes the violation of a county ordinance or a city ordinance a misdemeanor unless by ordinance it is made an infraction. Existing law specifies monetary fines for any violation of local ordinances that is an infraction, not to exceed specified amounts that vary based on the circumstances of the violation, as prescribed.
This bill would authorize the county board of supervisors to impose fines, penalties, and forfeitures for violations of ordinances and to fix the penalty by fine or imprisonment, or both. The bill would also increase the amount of the fine that may be imposed for the violation of a city or county ordinance, where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet, to $1,000 for the first violation, $2,000 for the second violation within 5 years of the first violation, and $5,000 for subsequent violations within 5 years of the first violation, as specified.
This bill would incorporate additional changes to Sections 25132 and 36900 of the Government Code proposed by SB 828 to be operative only if this bill and SB 828 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
Section 25132 of the Government Code is amended to read:
25132.
(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:
(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.
(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(2) (A) For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.
(B) For purposes of this paragraph, the following definitions apply:
(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.
(ii) “Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
(e) (1) Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.
(f) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(g) (1) Notwithstanding subdivisions (b), (c), (d), and (e), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a county to establish fines or penalties under any other provision of law.
SEC. 1.5.
Section 25132 of the Government Code is amended to read:
25132.
(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:
(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.
(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.
(2) (A) For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.
(B) For purposes of this paragraph, the following definitions apply:
(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.
(ii) “Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
(e) (1) Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.
(f) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(g) (1) Notwithstanding subdivisions (b), (c), (d), and (e), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a county to establish fines or penalties under any other provision of law.
(h) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:
(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
SEC. 2.
Section 25133 is added to the Government Code, to read:
25133.
(a) The county board of supervisors may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months.
(b) (1) Notwithstanding subdivision (a), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a county to establish fines or penalties under any other provision of law.
SEC. 3.
Section 36900 of the Government Code is amended to read:
36900.
(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.
(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) (1) Notwithstanding subdivisions (b), (c), and (d), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a city to establish fines or penalties under any other provision of law.
SEC. 3.5.
Section 36900 of the Government Code is amended to read:
36900.
(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.
(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described
in this subdivision shall not apply to a first time first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.
(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) (1) Notwithstanding subdivisions (b), (c), and (d), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a city to establish fines or penalties under any other provision of law.
(g) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:
(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
SEC. 4.
Section 36901 of the Government Code is amended to read:
36901.
(a) The city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months.
(b) (1) Notwithstanding subdivision (a), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet is punishable by the following:
(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.
(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.
(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.
(3) Nothing in this subdivision shall limit the authority of a county to establish fines or penalties under any other provision of law.
SEC. 5.
(a) Section 1.5 of this bill incorporates amendments to Section 25132 of the Government Code proposed by both this bill and Senate Bill 828. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 25132 of the Government Code, and (3) this bill is enacted after Senate Bill 828, in which case Section 25132 of the Government Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of Senate Bill 828, at which time Section 1.5 of this bill shall become operative.
(b) Section 3.5 of this bill incorporates amendments to Section 36900 of the Government Code proposed by both this bill and Senate Bill 828. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, but this bill becomes operative first, (2) each bill amends Section 36900 of the Government Code, and (3) this bill is enacted after Senate Bill 828, in which case Section 36900 of the Government Code, as amended by Section 3 of this bill, shall remain operative only until the operative date of Senate Bill 828, at which time Section 3.5 of this bill shall become operative.
SEC. 5.SEC. 6.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that nonresidential property owners maintain their property in a safe condition and expeditiously remedy any health and safety violations, it is necessary that this act take effect immediately.