Chapter 1.04 CODE ENFORCEMENT

Chapter 1.04
CODE ENFORCEMENT

Sections:

1.04.010 Violations, Penalties and Enforcement.

The provisions of this section represent the means and methods by which the City of Newport Beach intends to secure compliance with the provisions of this Code. The City may use any or all of the enforcement options in securing compliance with the provisions of this Code and multiple enforcement options may be used to achieve compliance with respect to persons who commit continuing violations. A separate offense shall be deemed to have been committed whenever: (a) a person repeats the act that constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to exist for more than twenty-four (24) hours.

A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated in Section 1.12.020. Except where a specific fine for an infraction is provided for in this Code, or as provided in subsection (B) of this section, any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Superior Court, or where no fine is specified therein by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the prior violation; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the prior violation.

B. Safety Enhancement Zone. For any violation of this Code that is committed within an area that has been designated by the City Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the time that designation is effective, the fine shall be treble the amount otherwise prescribed or where the violation is considered an infraction and no fine is specified the fine shall be as follows:

1. A fine not exceeding three hundred dollars ($300.00) for a first violation;

2. A fine not exceeding six hundred dollars ($600.00) for a second violation of the same ordinance within one year from the date of the prior violation; and

3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the prior violation.

C. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by Section 1.12.020. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

D. Civil Action. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action, in addition to all other remedies, costs, fines and fees, the court may impose civil penalties payable to the City in an amount not to exceed one thousand dollars ($1,000.00) per violation for each day the violation is found to exist against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code. In determining the amount of the civil penalties to be assessed on a daily rate for each violation, the court may consider some or all of the following factors:

1. The duration of the violation;

2. The frequency of recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The person’s conduct after issuance of any notice;

7. The economic impact of the penalty;

8. The impact of the violation upon the community; and

9. Any other factors that justice may require.

E. Administrative Code Enforcement Program. Upon a finding by the City official vested with the authority to enforce the various provisions of this Code that a violation exists, the City official may take any action authorized under the provisions of Chapter 1.05. (Ord. 2023-22 § 6, 2023; Ord. 2012-13 § 2, 2012: Ord. 2003-5 § 3, 2003: Ord. 97-36 § 1, 1997: Ord. 87-32 § 1, 1987: Ord. 1597 § 1, 1975: 1949 Code § 1200 (part))

1.04.020 Public Nuisances.

In addition to the penalties provided in Section 1.04.010, 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 be summarily abated as such by this City. (1949 Code § 1200 (part))

1.04.050 Parking Violation—Infraction.

Any person violating any provision of Section 12.12.010, Chapter 12.40 or 12.44, except Sections 12.44.130 and 12.44.140, or Chapter 12.48 shall be guilty of an infraction. (Ord. 2023-22 § 8, 2023; Ord. 1597 § 2, 1975)

1.04.060 Safety Enhancement Zone.

A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a “Safety Enhancement Zone” and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this Code and increased responsibilities on the part of residents and occupants in the area. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the Safety Enhancement Zone; (2) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical area; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (5) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation.

B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east, Pacific Coast Highway on the north and 54th Street on the west. This designation is effective from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect. The factual basis for this designation is found in Section 1 of Ordinance 2003-5. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on July 3rd at no less than three locations along Pacific Coast Highway, four locations along Newport Boulevard/32nd Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street. In addition, letters advising of the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before June 15th, to each address and each owner of property (ownership determined on the basis of the most recent property tax information available to the City) within the Safety Enhancement Zone. (Ord. 2023-22 § 9, 2023; Ord. 2003-5 § 4, 2003)