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Members debate fines, liens and whether penalties should stay with property
Summary
Committee discussed enforcement options for noncompliance: fines that fund equity-prioritized support versus penalties tied to property (liens/title). Some members opposed allowing fines to be diverted off-site and favored mechanisms that remain with the property.
The committee debated how to handle buildings that neither comply nor propose alternative compliance plans. Staff said the ordinance envisions fines for noncompliance and that fines could be directed to a fund to support equity-prioritized buildings; several members objected to moving money off a property and urged that penalties or obligations stay tied to the site (for example through liens or recorded obligations on title) so responsibility follows the property during sale or refinancing.
Charles said he had seen pooled-payment approaches fail in other programs and preferred remedies that remain with the property. Gabriela and staff explained alternatives used by other jurisdictions (payments‑in‑lieu or ACP funds) and said the committee must define fine amounts and where monies go. Members asked staff to research typical construction and retrofit cost ranges to help set fine scales that incentivize compliance rather than become a routine cost of doing business.
