Chapter 1.15
PENALTY PROVISIONS
Sections:
1.15.010 Criminal violation a misdemeanor or infraction.
1.15.060 Fees, taxes, etc., deemed civil debts – Suits for collection.
1.15.070 Criminal justice administration fees.
1.15.080 Civil violations – Injunction and civil penalties.
1.15.090 Authority to enforce.
1.15.100 Authority to inspect.
1.15.010 Criminal violation a misdemeanor or infraction.
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the ordinances of the city of Fremont.
(b) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code or any ordinance is a misdemeanor but may be charged and prosecuted as an infraction in the discretion of the enforcement official. (Ord. 1158 § 1, 4-5-77; Ord. 1260 § 1, 8-1-78; Ord. 1262 § 1, 8-15-78; Ord. 1348 § 1, 12-4-79; Ord. 1459 § 3, 9-8-81; Ord. 1631 § 1, 10-2-84; Ord. 2004 § 1, 5-12-92; Ord. 2276 § 3, 2-3-98; Ord. 2488 § 3, 10-1-02. 1990 Code § 1-3100.)
1.15.020 Penalty.
(a) Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(b) Any person convicted of an infraction under the provisions of this code shall be punishable upon a first conviction by a fine of not more than $100.00, and for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.
(c) Notwithstanding any other provision of law, a violation of Title 15 determined to be an infraction is punishable by the following:
(1) A fine not exceeding $130.00.
(2) A fine not exceeding $700.00 for the second violation.
(3) A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation.
(4) A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is commercial property that has an existing building at the time of the violation and the owner failed to remove visible refuse or prohibit unauthorized use of the property.
(d) A fine levied pursuant to subsection (c)(2) or (c)(3) of this section may be appealed to the building official in writing within 10 calendar days of the date the citation is issued based on a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount would impose an undue financial burden on the responsible party. (Ord. 1158 § 1, 4-5-77; Ord. 1260 § 2, 8-1-78; Ord. 2004 § 2, 5-12-92; Ord. 28-2018 § 1, 12-18-18. 1990 Code § 1-3101.)
1.15.030 Separate offenses.
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person, and he/she shall be punished accordingly. (Amended during 2012 reformat. 1990 Code § 1-3102.)
1.15.040 Nuisance.
In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may, by this city, be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. (1990 Code § 1-3103.)
1.15.050 Power of arrest.
(a) The city manager and any designated enforcement official are authorized to arrest any person without a warrant as provided in Cal. Penal Code § 836.5 whenever the city manager or the enforcement official has reasonable cause to believe that the person has committed a misdemeanor in his or her presence.
(b) In addition to any other grant of authority to enforce, the following officers and their subordinates are authorized to arrest any person who violates the following provisions of this code in the manner provided by Cal. Penal Code § 836.5:
(1) Title 5 – Business Licenses and Regulations:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Finance services manager |
Chapter 5.05 (business taxes), Articles I and II |
|
(B) |
Finance services manager; chief of police; and building and safety manager |
Chapter 5.35 (commercial solicitations and peddlers), Sections 5.35.050 and 5.35.120 |
|
(C) |
Assistant city manager; chief of police; building and safety manager |
Chapter 5.45, Article I (entertainment permits) |
|
(D) |
Alameda County health officer; finance services manager; chief of police; building and safety manager |
Chapter 5.65 (massage establishments) |
(2) Title 6 – Animals:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Chief of police, maintenance and recreation services director |
Chapter 6.05 (animals) |
(3) Title 8 – Health and Safety:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Chief of police, building and safety manager, fire chief |
Chapter 8.05 (nuisance conditions on private or public property) |
|
(B) |
Chief of police; finance services manager, building and safety manager |
Chapter 8.15 (distribution of advertising) |
|
(C) |
Fire chief; building and safety manager; chief of police |
Chapter 8.25 (weed and waste abatement) |
|
(D) |
Building and safety manager, fire chief |
Chapter 8.35 (hazardous materials management) |
|
(E) |
Fire chief; building and safety manager; Alameda County health officer |
Chapter 8.40 (garbage, rubbish, refuse, etc.), and Chapter 8.45 (regulation of putrescible wastes, etc.) |
|
(F) |
Alameda County health officer |
Chapter 8.50 (food establishments) |
|
(G) |
Building and safety manager; fire chief; chief of police |
Chapter 8.55 (smoking) |
|
(H) |
Building and safety manager; chief of police; fire chief; maintenance and recreation services director |
Chapter 8.60 (neighborhood preservation) |
(4) Title 9 – Public Peace, Morals and Welfare:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Chief of police; fire chief; building and safety manager, maintenance and recreation services director |
Chapter 9.20 (fireworks) |
(5) Title 10 – Vehicles and Traffic:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Chief of police; fire chief |
Chapter 10.05 (traffic regulations), Article II |
|
(B) |
Chief of police |
Chapter 10.10 (bicycles) |
|
(C) |
Chief of police; public works director |
Chapter 10.35 (bicycle and motorized scooter shared active transportation programs) |
(6) Title 12 – Streets, Sidewalks and Public Property:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Chief of police; maintenance and recreation services director; fire chief |
Chapter 12.20 (parks and recreation areas) |
|
(B) |
Chief of police; maintenance and recreation services director; fire chief |
Chapter 12.25 (special events and parades) |
(7) Title 15 – Buildings and Construction:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Building and safety manager; fire chief |
Chapters 15.05 through 15.35 (Fremont building standards code) |
|
(B) |
Building and safety manager |
Chapter 15.50 (building security) |
(8) Title 18 – Planning and Zoning:
|
|
Title of Officer |
Provision of Code |
|---|---|---|
|
(A) |
Building and safety manager |
Chapters 18.05 through 18.200, 18.210 and 18.220 through 18.290 (zoning) |
|
(B) |
Building and safety manager |
Chapter 18.205 (grading, erosion and sediment control) |
|
(C) |
Landscape architect; building and safety manager |
Chapter 18.215 (preservation of trees) |
(c) The city manager may designate by written order that a particular officer or employee is authorized to enforce the provisions of this code or an ordinance in addition to those officers enumerated in subsection (b) of this section or the provisions of any ordinance. Officers and employees so designated may arrest persons who violate any of the provisions that the officer or employee is authorized to enforce.
(d) An officer or employee designated in subsection (b) or (c) of this section shall be determinative of the enforcement powers of the officer or employee, notwithstanding a designation of a different officer or employee within the particular provision. (Ord. 1348 § 2, 12-4-79; Ord. 2004 § 3, 5-12-92; Ord. 2488 § 4, 10-1-02; Ord. 2504 § 1, 7-15-03; Ord. 25-2018 § 2, 12-4-18. 1990 Code § 1-3104.)
1.15.060 Fees, taxes, etc., deemed civil debts – Suits for collection.
The amount of any fee, service charge, utility charge, license or tax of any nature whatsoever imposed by any provision of this code shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by this code. Such an action may also be commenced for the collection of any other amount or debt determined to be due the city on account of any tortious act or conduct by any person. The remedy prescribed by this section shall be accumulative and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof. (Ord. 376 § 1. 1990 Code § 1-3105.)
1.15.070 Criminal justice administration fees.
(a) Cal. Gov’t Code § 29550.1 authorizes a city to recover any criminal justice administration fees imposed by a county on the city pursuant to Cal. Gov’t Code § 29550; and the county of Alameda is currently imposing criminal justice administration fees on the city of Fremont pursuant to the authority of Cal. Gov’t Code § 29550.
(b) Pursuant to the authority of Cal. Gov’t Code § 29550.1, the city manager is authorized and directed to recover all criminal justice administration fees imposed on the city of Fremont by the county of Alameda.
(c) The city manager shall seek recovery of all criminal administration fees as authorized by Cal. Gov’t Code § 29550.1 from any person arrested by officers of the city of Fremont and convicted of any criminal offense related to the arrest.
(d) The courts of Alameda County are hereby requested to order payment for the amount of criminal justice administration fees, as authorized by Cal. Gov’t Code § 29550.1, by the convicted person at the time of entering judgment of conviction of any person arrested by officers of the city of Fremont. Execution of the order for payment shall be made in the same manner as a judgment in a civil action.
(e) The courts of Alameda County are hereby requested to impose as a condition of probation an order that the convicted person reimburse the city of Fremont for criminal justice administration fees imposed on the city of Fremont by Alameda County as a result of the arrest, booking and processing of the convicted person. (Ord. 2033 §§ 1 – 5, 5-25-93. 1990 Code § 1-3106.)
1.15.080 Civil violations – Injunction and civil penalties.
(a) In addition to any other remedy provided by this code, any provision of the Fremont Municipal Code or of a city of Fremont ordinance may be enforced by injunction in a civil action brought in the name of the people of the city of Fremont by the city attorney in any court of competent jurisdiction.
(b) As part of a civil action filed to enforce provisions of this code or of a city of Fremont ordinance, a court may assess a maximum civil penalty of $1,000 per violation of the Fremont Municipal Code or of the city of Fremont ordinance for each day during which any person commits, continues, allows or maintains a violation of any provision of this code or ordinance. (Ord. 2488 § 5, 10-1-02. 1990 Code § 1-3107.)
1.15.090 Authority to enforce.
The city manager and his or her designated enforcement officers have the authority and powers necessary to gain compliance with the provisions of the Fremont Municipal Code, ordinances of the city of Fremont, and applicable state codes. These powers include the power to issue correction notices and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under this code.
As used in this chapter, “designated enforcement official” means a city employee designated by the city manager, ordinance, or state law to enforce a given violation of the Fremont Municipal Code, city ordinance, or applicable state law. (Ord. 2488 § 5, 10-1-02. 1990 Code § 1-3108.)
1.15.100 Authority to inspect.
The city manager and his or her designated enforcement officers are authorized to enter any property or premises to ascertain whether the provisions of the Fremont Municipal Code, ordinances of the city of Fremont, or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant under the procedures provided for in Cal. Civ. Proc. Code §§ 1822.50 through 1822.59. (Ord. 2488 § 5, 10-1-02. 1990 Code § 1-3109.)