(A) Any person or entity violating any provision of the San Gabriel Municipal Code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code and any codes adopted by reference by the City Council, including State Codes, County Codes and Uniform Codes.
(B) Every violation of a provision of this code shall be subject to a civil fine. The provisions of this section are in addition to all other legal remedies, criminal or civil, which may be pursued by the city. Violations of this chapter alone may not be prosecuted as criminal violations.
(C) In general, administrative citations will be issued after non-compliance with a notice of violation or to a repeat offender of the same offense within a 12-month period.
(1) If there is a continuing violation of a building, plumbing, electrical, or other similar structural or zoning issue that does not create an immediate danger to health or safety, a notice of violation shall first be issued providing a minimum of five days to remedy the violation.
(2) Except as specified in division (C)(1) above, the Enforcement Officer is not required to first issue a notice of violation.
(D) Each and every day a violation of the Code exists constitutes a separate and distinct offense.
(E) A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the city or designated agent.
(F) Except in the case of administrative citations issued for violations of the local building and safety codes or ordinances contained in §§ 51.60 through 51.68 of Title V, Public Works, fines shall be assessed in the amounts specified by resolution of the City Council, or where no amount is specified:
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding $200 for a second violation of the same ordinance within one year from the date of the first violation;
(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year from the date of the first violation.
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding $500 for a second violation of the same ordinance within one year from the date of the first violation;
(3) A fine not exceeding $1,000 for each additional violation of the same ordinance within one year of the first violation.
(H) Administrative costs may be assessed when a violation has occurred and compliance has not been achieved within the time specified in the compliance order. The administrative costs include any and all costs incurred by the city as well as, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, attorney fees and costs for all re-inspections necessary to enforce the compliance order.
(I) Failure to pay the assessed civil fines and administrative costs may be enforced as a lien upon the real property if the violation is in connection with real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.
(Ord. 569-C.S., passed 7-17-07; Am. Ord. 605-C.S., passed 10-1-13; Am. Ord. 612-C.S., passed 2-17-15)