Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010    Penalty for violation of code provisions – Continuing violations.

1.16.020    Power of arrest.

1.16.030    Public nuisance.

1.16.040    Separate offenses – Cumulative remedies.

1.16.010 Penalty for violation of code provisions – Continuing violations.

A. Whenever in this code or in any other ordinance of the City, or in any regulation promulgated thereunder, any act is prohibited or declared to be unlawful, or the performance of an act is required and failure to perform the act is prohibited or declared to be unlawful, such violation, unless otherwise specifically stated, shall be considered an infraction. Penalties for infractions shall be as set forth in Government Code Section 36900.

B. Notwithstanding subsection A of this section, any violation occurring after a third infraction citation has been issued shall be considered as a misdemeanor. Penalties for misdemeanors shall be as set forth in Penal Code Section 19. (Ord. 2065 § 1(A), 2018; Ord. 1217 § 1, 1986; 1960 code § 1.7)

1.16.020 Power of arrest.

A. The following officers and their subordinates, in addition to peace officers as specified in Penal Code Section 830 et seq., shall have and are vested with the authority to arrest any person who violates the following provisions of this code in the manner prescribed by Section 836.5 of the California Penal Code:

1. Chief building inspector, LMC Title 15;

2. Administrative Services Director, LMC Titles 3 and 5;

3. Community Development Director;

4. City Manager, all provisions of the code;

5. Every member of the fire department, during the time of any fire, other disaster or emergency, shall have the powers of a peace officer. In that capacity, such members may arrest any person who interferes with the work of the fire department at a fire or attempts to loot any property in or about the premises where a fire, other disaster or emergency exists.

B. The City Manager shall have the power to designate, by written order, that particular officers or employees shall be authorized to enforce particular provisions of this code in addition to those officers enumerated in subsection A of this section. Officers or employees so designated shall have the authority to arrest persons who violate any of the said provisions.

C. An officer or employee designated pursuant to subsection B of this section shall be determinative of the enforcement powers of such officer or employee notwithstanding a designation of a different officer or employee within the particular provision of this code referred to in subsection A of this section. (Ord. 2065 § 1(A), 2018; Ord. 2045 § 1(C), 2016; Ord. 1895 § 1, 2010; Ord. 1217 § 2, 1986)

1.16.030 Public nuisance.

Any violation of this code shall constitute a public nuisance. In addition to the other remedies provided by this chapter, the City may summarily abate and bring civil suit to enjoin or abate the violation. (Ord. 2065 § 1(A), 2018; Ord. 1217 § 3, 1986)

1.16.040 Separate offenses – Cumulative remedies.

Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive. (Ord. 1217 § 4, 1986)