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Chapter 1.25
VIOLATION OF CODE – ENFORCEMENT

Sections:

1.25.010    Code enforcement – General.

1.25.020    Civil injunction.

1.25.030    Public nuisance abatement.

1.25.040    Violation of permit.

1.25.050    County health services.

1.25.060    Civil penalties for parking violations.

1.25.070    Attorneys’ fees.

1.25.010 Code enforcement – General.

It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of this code. The city may enforce the provisions of this code by any one or more of the following methods, at the city’s discretion:

A. Criminal penalties, under PHMC Chapter 1.30.

B. Civil injunction, under PHMC § 1.25.020.

C. Regarding land use and development, by the granting or denial of permits, the forfeiture and revocation of permits, or the recording of a notice of violation. (See PHMC Chapter 18.135.)

D. Administrative citations and penalties, under PHMC Chapter 1.35.

E. Compliance orders, under PHMC Chapter 1.40, regarding continuing violations pertaining to a building, plumbing, electrical, or other structural or zoning issue.

F. Public nuisance abatement, under PHMC § 1.25.030 and PHMC Chapter 7.05.

G. Building abatement, under PHMC Chapter 7.10 or any of the uniform building codes adopted by the city under PHMC Title 14, Buildings and Construction.

H. Any other lawful remedy. (Ord. 782 § 1, 2004; 1991 code § 1-5.1)

1.25.020 Civil injunction.

A violation of this code may be enforced by any civil remedy, including a civil injunction. The city attorney is authorized to initiate any appropriate civil action. (Ord. 782 § 1, 2004; 1991 code § 1-5.2)

1.25.030 Public nuisance abatement.

A condition caused or permitted to exist in violation of this code is a public nuisance. Each day the violation occurs is a new violation.

The condition may be abated in accordance with the procedures in PHMC Chapter 7.05 or other specific abatement procedures in this code, or in accordance with the procedures set forth in the uniform codes adopted under PHMC Title 14, Buildings and Construction, or by any other lawful remedy. (Ord. 782 § 1, 2004; 1991 code § 1-5.3)

1.25.040 Violation of permit.

A person who is issued or granted a permit (including a land use entitlement or variance) by the city shall comply with each provision and condition of the permit. A person who violates or fails to comply with a provision or condition of the permit is in violation of this chapter. The city may enforce the permit by any lawful means, including instituting proceedings for revocation. (See also PHMC § 18.135.040.) (Ord. 782 § 1, 2004; 1991 code § 1-5.4)

1.25.050 County health services.

A. Health officer. The county health officer is designated as the city’s health officer. (See also PHMC § 1.05.020.)

B. Health laws. Under the authority of California Health and Safety Code section 101375, the city council gives its consent for the county health officer to enforce and observe in the city: (1) orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the California Health and Safety Code; and (2) statutes relating to public health.

C. Adoption of county ordinances by reference. Elsewhere in this code, the city has adopted certain county health ordinances by reference and authorized county enforcement officials to operate in the city. (See PHMC Chapter 9.05, Animals; PHMC Chapter 9.10, County Health Ordinances; and PHMC § 7.05.150, Assistance from other agencies.) (Ord. 782 § 1, 2004; 1991 code § 1-5.5)

1.25.060 Civil penalties for parking violations.

The following violations of the law are subject to a civil penalty, the amount of which is established by city council resolution: any violation of a regulation governing the standing or parking of a vehicle under the California Penal Code, federal law, or city ordinance, as provided in California Vehicle Code section 40200 and following. (Ord. 782 § 1, 2004; 1991 code § 1-5.6)

1.25.070 Attorneys’ fees.

Notwithstanding anything in this code to the contrary, the prevailing party may recover its attorneys’ fees in any judicial action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance, if the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys’ fees. A judicial action includes, but is not limited to, any civil action, equitable action to enjoin violation of any provision of this code (including its adopted codes), action to collect a civil debt owing to the city, inspection or abatement warrant proceeding, or appeal from an administrative proceeding. In these actions, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. The city is the prevailing party if any portion of an administrative citation or notice to abate is upheld. (Ord. 935 § 2, 2019)