Chapter 1.12
PENALTY PROVISIONS AND OTHER REMEDIES FOR VIOLATION
Sections:
1.12.020 Penalty for infraction.
1.12.030 Penalty for misdemeanor.
1.12.050 Place of imprisonment.
1.12.070 Private action for nuisance.
1.12.080 Notice of noncompliance to Franchise Tax Board.
1.12.010 Violation.
A. No person shall violate a provision of this code or fail to comply with a requirement of this code. A person who violates a provision of this code or fails to comply with a mandatory requirement of this code is guilty of an infraction unless this code makes the violation of a particular provision a misdemeanor.
B. Violation of a provision of the following titles of the Pittsburg Municipal Code is a misdemeanor:
|
PMC Title 2 |
Administration and Personnel |
|
PMC Title 12 |
Streets, Sidewalks and Utilities |
|
PMC Title 13 |
Water and Sewers |
|
PMC Title 17 |
Subdivisions |
C. A violation of the provisions of the Uniform Building Code, Dangerous Building Code, Uniform Fire Code, National Electric Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Plumbing Code, Pittsburg Municipal Sign Code (Chapter 15.36 PMC), Uniform Swimming Pool Code or Solar Energy Code is a misdemeanor and punishable in the manner provided by law.
D. An offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of two or more violations of the same chapter within the 12-month period preceding the commission of the offense. For this purpose a bail forfeiture is a conviction of the offense charged.
E. Notwithstanding any provisions of this code, when a person under the age of 18 years is charged with a violation of this code, and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court. [Ord. 1162 § 2, 1999; Ord. 1058 § 11, 1993; Ord. 935 § 4, 1987.]
1.12.020 Penalty for infraction.
Under Government Code Section 36900, the penalty by fine for an infraction is as follows:
A violation determined to be an infraction is punishable by:
A. A fine of $100.00 for a first violation;
B. A fine of $200.00 for a second violation of the same ordinance within one year;
C. A fine of $500.00 for each additional violation of the same ordinance within one year. [Ord. 935 § 4, 1987.]
1.12.030 Penalty for misdemeanor.
A person convicted of a misdemeanor under this code, unless specific provision is otherwise made, shall be punished 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 both. [Ord. 935 § 4, 1987.]
1.12.040 Separate offense.
Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued, or permitted by that person. [Ord. 935 § 4, 1987.]
1.12.050 Place of imprisonment.
Under Section 36903 of the Government Code, imprisonment in the county jail is prescribed as the place for imprisonment for each violation of a city ordinance. [Ord. 935 § 4, 1987.]
1.12.060 Nuisance.
In addition to the penalty provided, a condition caused or permitted to exist in violation of a provision of the code, whether the violation is an infraction or a misdemeanor, is a public nuisance. It may be abated in accordance with Chapter 1.24 PMC or by civil action. Each day that the condition continues is a new and separate offense. [Ord. 935 § 4, 1987.]
1.12.070 Private action for nuisance.
Under Civil Code Sections 3479 and 3481, a person damaged by a nuisance may institute a private civil action against the person responsible for the nuisance.
Nothing in this section creates a duty upon the city. [Ord. 935 § 4, 1987.]
1.12.080 Notice of noncompliance to Franchise Tax Board.
Under Revenue and Taxation Code Sections 17274 and 24436.5, a person who derives rental income from substandard housing (which violates health, safety or building codes) is allowed no deductions for interest, depreciation, taxes or amortization for that housing. If the city determines that a violation of this municipal code results in substandard housing under those sections, an enforcement officer shall send a notice of noncompliance to the Franchise Tax Board in accordance with the procedures set forth in the Revenue and Taxation Code. [Ord. 935 § 4, 1987.]
1.12.090 Notice of violation.1
A. In addition to any other remedy provided by this code, when property in the city exists in violation of a provision of this code, including but not limited to Chapters 15.08, 15.91, 17.60 and 18.90 PMC, and the property owner fails or refuses to correct the violation, the city may record a notice of violation against the affected property.
B. Before recording such notice, the city shall serve the current owner of the property with written notice of the violation, or send such written notice by certified mail, return receipt requested, to the current owner of the property at the last known address listed on the most recent tax assessor’s records. Such notice shall identify the violation and request that the owner correct the violation within a specific, reasonable period of time. If the violation is not corrected within the amount of time allowed, the city may record a notice of violation.
C. When the city determines that the violation has been corrected, the city shall prepare a release or cancellation of the notice of violation, which may be recorded by the property owner. [Ord. 16-1407 § 1, 2016.]
Code reviser’s note: Ord. 16-1407 adds these provisions as Section 1.12.080. The section has been editorially renumbered to avoid duplication of numbering.