If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, then the City may commence a criminal enforcement proceeding against the responsible person in the California court of competent jurisdiction.
A. Initiation of Proceeding. The City may commence a criminal enforcement proceeding by issuing a criminal citation to the responsible person for one (1) or more Code violations. Criminal citations shall only be issued by enforcement officers certified under Penal Code Section 832 or a peace officer.
B. Citations in Lieu of Immediate Arraignment.
1. Notice to Appear in Lieu of Arrest. In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by Penal Code Sections 853.6 et seq.
2. Issuance of Citations by Designated Officers and Employees. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Penal Code Section 836.5 and subject to the provisions of this Section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this Section unless such officer or employee is within a classification of City officers and employees designated by the City Council to exercise such arrest and citation authority as to specified violations. The City Manager shall establish and cause to be administered a special enforcement training program designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests or otherwise prudently exercising such arrest and citation authority and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the Police Department for filing with the court, after review for legal sufficiency.
C. Post Citation Procedures. After the City has initiated a criminal proceeding against a responsible person, the procedures followed for release of persons arrested, notice to appear, bail and penalties for failure to appear shall be consistent with those procedures prescribed by Chapter 5C of Title 3 of Part 2 of the Penal Code, commencing with Section 853.5.
D. Cost Recovery in Criminal Proceedings.
1. The City shall be entitled to reimbursement from each responsible person upon conviction of a Code violation for its enforcement costs and any abatement costs in an amount approved by the court that were incurred by the City related to the Code violation.
2. Upon entry of the second and each subsequent criminal conviction for violation of the same Code Section within a one (1) year period, finding that the responsible person was guilty of the Code violation, the court may order the responsible person to pay restitution to the City equal to three (3) times the amount of the enforcement and abatement costs incurred by the City related to the Code violation.
3. Pursuant to Government Code Section 38773.5.(b), where the City makes a demand for the recovery of its attorneys’ fees at the initiation of a criminal action that was commenced by the City under this Chapter, the prevailing party in said action shall be entitled to recovery of that party’s attorneys’ fees in an amount not to exceed the amount of reasonable attorneys’ fees incurred by the City in said action.