TITLE I—GENERAL PROVISIONS

CHAPTER 3—PENALTY PROVISIONS

Sec. 1200 Penalty—General.

No person whether principal, agent, employee or otherwise, shall violate any provision, or fail to comply with any of the mandatory requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of an infraction unless such offense is specifically designated as a misdemeanor in this Code. Any person convicted of a misdemeanor under any of the provisions of this Code, unless provision is otherwise herein made, shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Every violation determined to be an infraction is punishable 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; (3) a fine not exceeding five-hundred dollars ($500.00) for each additional violation of the same ordinance within one year. Each such person shall be guilty of separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly.

Sec. 1201 Public nuisance.

In addition to the penalties hereinabove provided, 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, by this City, summarily abated as such, and each and every day such condition continues shall be regarded as a new and separate offense.

Sec. 1202 Prohibited acts include causing, permitting, or suffering.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, suffering or concealing such act.

Sec. 1203 Notice to appear: Contents.

If any person is arrested for violation of any ordinance of the City of Arcata and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

Sec. 1204 Violation of promise to appear.

Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

Sec. 1208 Notice—How given.

Whenever notice is required to be given under this Code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Sec. 1209 Same—Proof.

Proof of giving any notice required by this code may be made by the certificate of any officer or employee of the City or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

Sec. 1210 Administrative fines or penalties for violation of Code.

A.    Unless otherwise provided, the violation of any provision of this Code is subject to an administrative fine or penalty pursuant to Government Code Section 53069.4. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 1200.

B.    Administrative fines or penalties may be assessed by the City Manager after notice of intent to assess administrative fines or penalties is served by personal delivery or certified mail on the person responsible for a continuing violation. Said notice shall describe with specificity the violation. If the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, said notice shall provide for a reasonable period of time, no less than thirty (30) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties.

C.    Said notice shall additionally inform the person served that a hearing shall be conducted within sixty (60) days after the person has been served. The hearing shall be before the City Manager, or before his/her designee. The person who has been issued a notice of intent to assess administrative fines or penalties may waive the right to a hearing, in which case no hearing shall be conducted. A person dissatisfied with the decision of the City Manager may appeal to the City Council within thirty (30) days of notice of the City Manager’s decision.

D.    The determination of the Council after hearing, or of the City Manager if there is no appeal to the City Council, shall be considered a final determination and may be reviewed by filing an appeal to the Superior Court of Humboldt County within twenty (20) days. (Ord. 1469, eff. 11/20/2015)