§ 10.26 SEVERABILITY.

   If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect other provisions that can be given effect without the invalid provision or application. The Council hereby declares that it would have adopted this code and each section, sentence, clause, and phrase hereof irrespective of the fact that any section, sentence, clause, or phrase be declared invalid, unconstitutional, or otherwise unenforceable.

ADMINISTRATIVE CITATIONS

§ 10.35 PURPOSE.

   (A)   The following policies and procedures are adopted to implement a program of enforcement of the city's zoning, building, fire, health and safety, conditions on entitlement in terms of city permits and agreements and other city ordinances.

   (B)   It is the policy of the city to seek voluntary and timely compliance with these provisions and to provide an effective means of enforcement if such compliance is not obtained in a timely manner.

   (C)   This subchapter is adopted pursuant to the municipal affairs provision of the city charter and Cal. Gov't Code § 53069.4 to provide for the imposition of an administrative fine for any violation of this code and to set forth the procedures for the imposition and collection of such fines.

(Ord. 638-C.S., passed 2-6-01)

§ 10.36 APPLICABILITY.

   This subchapter provides for administrative citations in addition to all other legal remedies, criminal, civil, or administrative, which may be pursued by the city to address any violation of this code. References to "this code" shall mean the Eureka Municipal Code as it may be hereafter amended as well as any other code adopted by reference therein. The use of this subchapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this subchapter, nor shall the use of this subchapter be considered a prerequisite for the use of any other enforcement proceedings.

(Ord. 638-C.S., passed 2-6-01)

§ 10.37 SEVERABILITY.

   If any provision of this subchapter as now or later amended or its application to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect other provisions that can be given effect without the invalid provision or application. The Council hereby declares that it would have adopted this subchapter and each section, sentence, clause, and phrase hereof irrespective of the fact that any section, sentence, clause, or phrase be declared invalid, unconstitutional, or otherwise unenforceable.

(Ord. 638-C.S., passed 2-6-01)

§ 10.38 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AFFECTED DEPARTMENT. Whichever city department that has responsibility to administer or enforce the applicable provisions of this code.

   ENFORCEMENT OFFICER. Any city employee or agent authorized to enforce any provisions of this code or any code adopted by the city.

   PREMISES. The real property of the violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of this code has or is suspected to have occurred or is suspected to be occurring. The premises may include public property to which a violator has access.

   VIOLATOR. An adult owner, emancipated minor, tenant, occupant, resident or other person having possession, control or any other ownership interest in or the right of access to the premises, excluding persons having only a security interest in the premises, who is suspected or alleged to have violated or to be in violation of any of the provisions of this code. There may be one or more violators as to any particular violation.

(Ord. 638-C.S., passed 2-6-01)