Chapter 4.14 CRIMINAL ENFORCEMENT OF CODE VIOLATIONS

Chapter 4.14
CRIMINAL ENFORCEMENT OF CODE VIOLATIONS

Sections:

4.14.030 Violations of rules or regulations of subordinate boards or commissions.

4.14.010 Classification of violations.

A. Any violation of this code may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this code, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor; provided, however, that any misdemeanor violation of this code may, in the discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as an infraction unless the defendant, at the time of an arraignment or entry of plea, objects to the violation being made an infraction, in which case the charge shall be prosecuted as a misdemeanor.

B. 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.

C. 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.

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 under the ordinance codified in this chapter, the court may require the responsible party to pay to the city treble the cost of the abatement. Any costs awarded to the city may be enforced in the manner described in Sections 4.16.080 and 4.16.120. (Ord. C-2-12 §4(part), 2012).

4.14.020 Criminal citation procedure.

A. If an enforcement officer elects to charge a nuisance condition or violation of this code as a criminal violation, such officer shall prepare in triplicate a written notice to appear, pursuant to Penal Code Section 948, 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 enforcement officer shall obtain the signature of the person being cited and shall deliver to him a copy of the notice to appear. The remaining copies will be retained by the officer. The time specified in the notice to appear must be at least forty-five days after the date of the arrest.

B. In any matter where the violation is charged as a misdemeanor, the enforcement officer shall send the notice to appear to the city attorney, who will prepare a misdemeanor complaint and will handle the prosecution of the violation thereafter. If the violation is charged as an infraction, the enforcement officer will forward the citation to the San Mateo County court for routine processing. The clerk of the court will set bail according to an approved bail schedule. (Ord. C-2-12 §4(part), 2012).

4.14.030 Violations of rules or 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 committee or commission established by the city council shall be prosecuted as an infraction if the enforcement officer elects to pursue criminal enforcement of such violation. However, this provision shall not apply to violations of the local coastal plan, nor to any rule, permit, condition or regulation adopted or imposed by the city council, the planning commission or the coastal commission, all of which may be charged and prosecuted as misdemeanors. (Ord. C-2019-03 §2(Exh. A)(part), 2019: Ord. C-2-12 §4(part), 2012).