Chapter 1.16
PENALTIES, ENFORCEMENT, ADMINISTRATIVE AND LEGAL PROCEDURES
Sections:
1.16.010 Violation – Infraction or misdemeanor.
1.16.020 Violation – Continuing offense.
1.16.030 Punishment – Penalties.
1.16.040 Civil action enforcement.
1.16.060 Enforcement by administrative process – Powers of enforcing officer.
1.16.070 Notice of violation recordation.
1.16.080 Removal of notice of violation.
1.16.090 Refusal to issue permits, licenses or other entitlements.
1.16.100 Fees for retroactive permit application.
1.16.010 Violation – Infraction or misdemeanor.
The violation of any provision or section of this code, or any code adopted herein by reference, or the failing to comply with any mandatory requirement of an ordinance of the city, shall be an infraction or misdemeanor. (Ord. 722 § 1, 1987; Ord. 623 § 1, 1982)
1.16.020 Violation – Continuing offense.
Any person violating any provision or section of this code, or any code adopted herein by reference, or an ordinance of the city shall be charged with a separate offense for each and every day during any portion of which any violation of any provision or section of this code, or any code adopted herein by reference, or an ordinance of the city is committed, continued or permitted by such person, and shall be punishable accordingly. (Ord. 722 § 1, 1987; Ord. 623 § 1, 1982)
1.16.030 Punishment – Penalties.
A. Any person convicted of a misdemeanor for violation of this code, or any code adopted herein by reference, or an ordinance of the city shall be punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both such fine or imprisonment.
B. Any person convicted of an infraction for violation of this code, or any code adopted herein by reference, or an ordinance of the city shall be punishable by:
1. A fine not exceeding one hundred dollars for the first violation;
2. A fine not exceeding two hundred dollars for the second violation of the same provision or section within one year;
3. A fine not exceeding five hundred dollars for each additional violation of the same provision or section within one year; provided, however, that this section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any provision or section of this code or ordinance of the city. (Ord. 722 § 1, 1987; Ord. 623 § 1, 1982)
1.16.040 Civil action enforcement.
A. In addition to the penalties provided for in this chapter, any violation of this code or city ordinance may be redressed by civil action. Any condition existing in violation of this code or a city ordinance is deemed to be a public nuisance.
B. The city attorney may bring civil suit or other action to enforce any provision or section of this code, enjoin or prevent any violation of this code or to abate any public nuisance as defined or declared by this code.
C. This remedy by civil action to enforce this code is in addition to any other remedies available under ordinance, this code, or statute and does not replace or support any other remedy but is cumulative thereto. (Ord. 743 § 1, 1988; Ord. 623 § 1, 1982)
1.16.050 Liability for costs.
Any person against whom such civil action is filed shall be liable for the costs thereof, which shall include but not be limited to the costs of investigation, court costs, attorney’s fees, and costs of monitoring compliance. (Ord. 743 § 2, 1988)
1.16.060 Enforcement by administrative process – Powers of enforcing officer.
A. Nothing in this code or any other city enactment is intended, or shall be deemed or construed, to impose a liability upon the city, or any of its officers, agents or employees, for any injury to persons or damage to property alleged to result from any act or omission by the city, or any of its officers, agents or employees, beyond the liability imposed by the state of California or by the United States. Nothing in this code or any other city enactment is intended, or shall be deemed or construed, to impose a mandatory duty on the city, or any of its officers, agents or employees, for the purpose of determining entitlement to equitable relief or liability to any injury to persons or damage to property alleged to result from the failure of the city or any of its officers, agents or employees to discharge a mandatory duty imposed by this code or any city enactment.
B. Every enforcing officer may use administrative processes such as notices of violation, stop work orders, or warning letters, in lieu of or prior to seeking judicial enforcement of any provision of this code or city ordinance if the officer determines that the process may result in compliance with this code at less cost to the city. Failure of any enforcing officer to use an administrative process shall not affect the validity of any judicial proceeding undertaken pursuant to this code or other city ordinance.
C. Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this code, and in every administrative or civil proceeding brought to abate any violation of this code or to enjoin any present or future violation of this code.
D. Whenever there is cause to suspect a violation of any provision of SMC Title 15; or the city zoning ordinance, subdivision ordinance, property maintenance ordinance or other city ordinance relating to real property; or whenever necessary to investigate either an application for granting, extension or modification of any application described in said code or ordinances, or an action to revoke or modify a discretionary permit, the enforcing officers or their duly authorized representatives may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner. No owner, occupant or agent thereof shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed building or structure shall be entered without the express permission of the owner or occupant. When necessary and with the prior approval of the city attorney, the enforcing officers may apply to the court for an inspection warrant.
E. No person shall give either orally or in writing information to an enforcing officer which the person knows to be false. (Ord. 774 § 2 (Exh. A), 1990)
1.16.070 Notice of violation recordation.
If in the course of fulfilling their responsibilities under SMC Title 15, or the city zoning ordinance, subdivision ordinance, property maintenance ordinance or other city ordinance relating to real property, the enforcing officer has knowledge that there is a violation thereof, the enforcing officer shall cause to be mailed to the owner, as reported on the latest equalized assessment roll, and/or the occupant if different from the owner, a notice of intention to record a notice of violation. The notice shall include a description of the property, a description of the violation, the action necessary to abate the violation, the time limit for compliance, the intent to record the notice of violation, and state a time, date and place for a meeting with the enforcing officer at which the occupant or owner may present evidence as to why the notice shall not be recorded.
If the occupant or the owner of the real property fails to inform the enforcing officer of his objections to the recordation of the notice of violation and the violation has not been cured within the time limit set for compliance, the enforcing officer may record a notice of violation with the county recorder. If the owner or occupant has presented evidence and it is determined that there has been no violation, the enforcing officer shall not record the notice of violation. If, however, after the owner or occupant has presented evidence, the enforcing officer determines that a violation does exist, the enforcing officer shall record a notice of violation after the expiration of the time for compliance. (Ord. 774 § 2 (Exh. A), 1990)
1.16.080 Removal of notice of violation.
If the owner, occupant or authorized agent disagrees with the determination that a violation of SMC Title 15, or the city zoning ordinance, subdivision ordinance, property maintenance ordinance or other city ordinance relating to real property, exists on the property, said individual may apply for a “removal of notice of violation” by submitting evidence to the enforcing officer that there is no violation or that the work to abate the violation has been completed. An adverse decision of the enforcing officer may be appealed by the property owner to the planning commission.
Appeals to the planning commission shall be in writing and shall be filed within ten days after written notice of the decision of the enforcing officer has been mailed to the applicant.
The enforcing officer shall remove the notice of violation when:
A. It is determined by the enforcing officer or appeal body that no violation exists; or
B. All required work to abate the violation has been completed and approved by the enforcing officer.
The fee for the submittal of the “removal of notice of violation” shall be set from time to time by resolution of the city council. (Ord. 774 § 2 (Exh. A), 1990)
1.16.090 Refusal to issue permits, licenses or other entitlements.
No department, commission or public employee of the city which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements where there is an outstanding violation involving the property upon which there is a pending application for such permit, license or other entitlement. The authority to deny shall apply whether the applicant for the permit was the owner of record at the time of such violation or whether the applicant is either the current owner of record or an agent or successor in interest of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time of his or her interest in such real property.
Upon notification that a violation exists by the enforcing officer, all departments, commissions and public employees shall refuse to issue permits, licenses or entitlements involving the property except those necessary to abate the violation, if such are obtainable.
Written notice of the refusal to issue shall be mailed to the applicant for the permit, license or entitlement and to the property owner. Such written notice shall include information regarding the specific violation and the action necessary to abate the violation.
If the applicant for a permit, license or other entitlement disagrees with the determination that a violation exists, the applicant may follow the procedure set forth in SMC 1.16.080.
The refusal to issue shall be rescinded when the department, commission or employee has been notified that:
A. It has been determined by the enforcing officer or appeal body, after review, that no violation exists; or
B. All required work to abate the violation has been completed and approved by the enforcing officer or his designee.
The building official may waive the provisions of this section for remedial, protective or preventative work needed to deal with an emergency situation. (Ord. 774 § 2 (Exh. A), 1990)
1.16.100 Fees for retroactive permit application.
Application for permits for any use for which a permit is required and where the use has been constructed, placed on the property, operated or has been otherwise established or initiated prior to the application for the permit, in violation of city ordinance, shall require a fee of twice the amount normally charged for the application. (Ord. 774 § 2 (Exh. A), 1990)