Chapter 1.12
CRIMINAL ENFORCEMENT OF CODE VIOLATIONS

Sections:

1.12.010    Authority to make arrests.

1.12.020    Classification of violations.

1.12.030    Criminal citation procedure.

1.12.040    Violations of rules/regulations of subordinate boards or commissions.

1.12.010 Authority to make arrests.

Any person employed in the classification community services officer or any other city employee assigned to the enforcement of municipal ordinances is authorized to exercise the powers contained in California Penal Code Section 836.5, including the power to arrest without warrant upon reasonable cause and the power to issue citations, whenever such employee has reasonable cause to believe that the person to be arrested or cited has committed a violation of the provisions of the Cloverdale Municipal Code or other statute such officer is required to enforce. For employees other than sworn police officers and community services officers, exercise of the power granted in this section shall be permitted only upon written notification by the city manager to the enforcement employee, and upon completion of necessary training in the power of arrest which may be required by the California Penal Code. (Ord. 659-2008 § 2 (part), 2008)

1.12.020 Classification of violations.

A. Any violation of this code may be prosecuted as a criminal offense. Unless expressly described as a misdemeanor, a violation of any provision of this code, or failure to comply with any mandatory requirement hereof, shall constitute an infraction. Notwithstanding the preceding sentence, a violation of this code may, in the discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as a misdemeanor.

B. Any person convicted of an infraction pursuant to this code may be punished by a fine of not more than one hundred dollars for a first violation or a fine of not more than two hundred dollars for a second violation of the same code section within one year. A third (or subsequent) violation of the same code section by the same person within a twelve-month period may be charged and prosecuted as a misdemeanor, even if such violation would otherwise be described as an infraction. In no event may the penalty imposed exceed that which is permitted under state law.

C. Any person convicted of a misdemeanor pursuant to this code, unless provision is otherwise herein made, may be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. In no event may the penalty imposed exceed that which is permitted under state law.

D. Upon entry of a second or subsequent conviction against the same responsible party within a two-year period for a condition of affected property constituting a nuisance condition under Chapters 1.10 through 1.15, the court may require the responsible party to pay to the city treble the cost of the abatement (except for conditions abated pursuant to Health and Safety Code Section 17980). Any costs awarded to the city may be enforced in the manner described in Section 1.14.140. (Ord. 659-2008 § 2 (part), 2008)

1.12.030 Criminal citation procedure.

A. If a code enforcement officer elects to charge a nuisance condition or violation of this code as a criminal violation, such officer shall prepare a written notice to appear containing the name and address of such person, the offense(s) charged, and the time and place where and when such person shall appear in court. The code enforcement officer shall obtain the signature of the person being cited. If the person cited refuses to sign the notice to appear, the matter may be assigned to the city attorney for issuance of a complaint. The code enforcement officer shall deliver a copy of the notice to appear to the person cited, and retain the remaining copies. The time specified in the notice to appear must be at least forty-five days after the date of the arrest.

B. As an alternative to the issuance of a notice to appear, the city attorney may prepare a criminal complaint and will prosecute the violation thereafter.

C. Bail Schedule. The city council shall establish a recommended bail schedule by resolution, which may be amended from time to time, and which shall be approved by the court. A certified copy of said resolution shall be kept in the office of the city clerk and a certified copy shall be forwarded to the court. (Ord. 659-2008 § 2 (part), 2008)

1.12.040 Violations of rules/regulations of subordinate boards or commissions.

Except as expressly provided in this code, any conduct or activity that violates any rule or regulation adopted by any subordinate board or commission established by the city council shall be prosecuted as an infraction if the city elects to pursue criminal enforcement of such violation. However, this provision shall not apply to any rule, permit, condition or regulation adopted or imposed by the city council or the planning commission, all of which may be charged and prosecuted as misdemeanors. (Ord. 659-2008 § 2 (part), 2008)