Sections:
1.08.010 Penalties and general provisions.
1.08.020 Mandatory appearance required.
1.08.030 Arrests and citations.
1.08.040 Administrative penalties.
1.08.050 Definitions.
1.08.060 Administrative citation.
1.08.070 Content of administrative citation.
1.08.080 Procedure for serving administrative citation or compliance order.
1.08.090 Administrative fine.
1.08.100 Payment of administrative fine.
1.08.110 Request for administrative hearing.
1.08.120 Advance deposit hardship waiver.
1.08.130 Time for administrative hearing.
1.08.140 Request for continuance of hearing.
1.08.150 Appointment of administrative hearing officer.
1.08.160 Procedures at administrative hearing.
1.08.170 Failure to attend administrative hearing.
1.08.180 Decision of administrative hearing officer.
1.08.190 Late payment charges.
1.08.200 Collection of administrative fine.
1.08.210 Appeal of decision of administrative hearing officer.
1.08.220 Appeal fee.
1.08.230 Failure to comply with administrative order or pay administrative fine.
1.08.240 Remedies cumulative.
1.08.250 Administrative penalties: continuing violations - compliance orders.
1.08.260 Compliance order.
1.08.270 Content of compliance order.
1.08.280 Compliance order satisfied.
1.08.290 Failure to comply - administrative citation.
1.08.300 Decision of administrative hearing officer following appeal.
1.08.310 Administrative costs.
1.08.320 Collection of administrative fines and costs - lien procedure.
(a) No person shall violate or fail to comply with any provision or requirement of this code or any other city ordinance. Any person who shall violate or fail to comply with any provision or requirement of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, shall be guilty of a misdemeanor, unless:
(1) Such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or
(2) Such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter. Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter.
(b) Any violation of any provision of this code or any other city ordinance may be prosecuted as a misdemeanor unless otherwise provided in the code, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor.
(c) Every day any violation of this code or any other city ordinance shall continue shall constitute a separate offense.
(d) Unless otherwise specifically provided in this code or by the city council, any person guilty of a misdemeanor for violation of a provision of this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
(e) Unless otherwise provided by law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars, and for committing the same offense a second time within one year by a fine not exceeding two hundred dollars, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars.
Notwithstanding the foregoing, any person who has been convicted of violating any provision of a building and safety code of the city, or failing to comply with any of the requirements thereof, where such violation or failure is deemed to be an infraction, is punishable for a first violation by a fine not exceeding one hundred dollars, and for committing the same offense a second time within one year by a fine not exceeding five hundred dollars, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding one thousand dollars.
(f) Notwithstanding any other provision of this code, when a person under eighteen years of age is charged with a violation of this code, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to Section 601 or 602 of the Welfare and Institutions Code.
(g) The violation of any of the provisions of this code or any city ordinance constitutes a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(h) The city council declares that, should any provision, section, paragraph, sentence or word of this code or city ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this code and such ordinance shall remain in full force and effect. (Ord. 629, § 2, 2009).
Whenever any person is arrested for any violation of this code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made, when the person arrested:
(a) Fails to present a driver's license or other satisfactory evidence of identity for examination.
(b) Refuses to give a written promise to appear in court.
(c) Demands an immediate appearance before a magistrate. (Ord. 629, § 2, 2009).
(a) Pursuant to the provisions of state law, the city officers or employees designated by the city manager to make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this code, or violation of any condition of any permit issued pursuant to this code or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.
(b) Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law.
(c) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5(c), commencing with Section 853.5, of the Penal Code.
(d) The officers and employees identified in subpart (a) of this section and any other persons designated to do so by the city manager shall have the concurrent authority to issue administrative citations. (Ord. 629, § 2, 2009).
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