Chapter 1.08
ENFORCEMENT OF CODE
Sections:
1.08.010 Code enforcement – General.
1.08.020 Criminal penalties – Infractions and misdemeanors.
1.08.030 Prosecutorial discretion.
1.08.040 Imposition of penalty.
1.08.060 Civil remedies – Injunction.
1.08.070 Administrative citations and penalties.
1.08.080 Public nuisance abatement.
1.08.010 Code enforcement – General.
It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of this code. The City may enforce the provisions of this code by any one (1) or more of the following methods, at the City’s discretion:
A. Criminal penalties, under EGMC Chapter 1.04;
B. Civil injunction, under EGMC Section 1.08.060;
C. Regarding land use and development, by the granting or denial of permits, the forfeiture and revocation of permits, or the recording of a notice of violation (See EGMC Title 23, Zoning Code, and EGMC Title 22, Land Development);
D. Administrative citations and penalties, under EGMC Chapter 1.12;
E. Public nuisance abatement, under EGMC Chapter 16.18;
F. Building abatement, under any of the Uniform Building Codes adopted by the City in EGMC Title 16, Buildings and Construction;
G. Any other lawful authority. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.020 Criminal penalties – Infractions and misdemeanors.
A person who violates a provision of this code is guilty of criminal violation (an infraction or a misdemeanor) as set forth in EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.030 Prosecutorial discretion.
A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.040 Imposition of penalty.
When the code declares a certain crime to be punishable as an infraction or a misdemeanor, the punishment to be imposed in a particular case must be determined by the court authorized to pass sentence, within the limits prescribed for an infraction or a misdemeanor, as the case may be. At the court’s request, the City shall provide to the court a recommended bail schedule to apply to those people who elect a bail forfeiture. The recommended bail for a violation may be approved by the City Council or City Attorney, or both. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.050 Citation procedure.
A. If a person is arrested for any violation of this code and is not immediately taken before a magistrate, the citation procedures in Section 853.6 of the Penal Code shall apply.
B. It shall be unlawful, and a misdemeanor, for a person who is criminally cited for an infraction or a misdemeanor under this code to refuse to sign a written promise to appear. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.060 Civil remedies – Injunction.
A violation of this code may be enforced by any civil remedy, including by a civil injunction. The City Attorney is authorized to initiate any appropriate civil action. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.070 Administrative citations and penalties.
A person who violates a provision of this code or who fails to comply with a mandatory requirement of this code is subject to an administrative citation and penalty. The administrative citation procedures and penalties are set forth in EGMC Chapter 1.12. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]
1.08.080 Public nuisance abatement.
Any condition caused or permitted to exist in violation of a provision of this code is a public nuisance. The condition may be abated in accordance with the procedures set forth in EGMC Chapter 1.12 or other specific abatement procedures in this code, or in accordance with the procedures set forth in the uniform codes adopted under EGMC Title 16, Buildings and Construction, if the condition constitutes a violation of one (1) of those codes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2008 §2, eff. 10-10-2008]