Chapter 1.16
GENERAL PENALTY
Sections:
1.16.010 Violation--Misdemeanor.
1.16.020 Violation--Fine and imprisonment.
1.16.030 Violation--Separate offense.
1.16.040 Violation--Prosecution or civil action.
1.16.042 Infraction--Citation notice.
1.16.043 Infraction--Administrative hearing.
1.16.044 Appeals.
1.16.045 Collection of fines or penalties.
1.16.046 Remedies are cumulative.
1.16.050 Violation--Costs and remedies.
1.16.010 Violation--Misdemeanor.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor, except where a different penalty is specified. Said misdemeanor may be reduced to an infraction by the city attorney or other appropriate authority as provided by law. (Ord. 96-12 §2(part), 1996: Ord. 79-3 §12, 1979).
1.16.020 Violation--Fine and imprisonment.
A. Any person convicted of a misdemeanor for a violation of an ordinance of the city is punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed five days or both. Any person convicted of an infraction shall be punished by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; or
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
B. The city council may amend the preceding schedule of fines by resolution when such amendment has been authorized by changes to Government Code Section 36900 or other authorizing statute. (Ord. 06-04 §2, 2006: Ord. 96-12 §2 (part), 1996: Ord. 79-3 §12 (A), 1979).
1.16.030 Violation--Separate offense.
Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city, is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. 79-3 §12(s), 1979).
1.16.040 Violation--Prosecution or civil action.
Any violation of this code may be prosecuted by the city in the name of the people of the state of California, or the same may be redressed by civil action. (Ord. 79-3 §12(C), 1979).
1.16.042 Infraction--Citation notice.
As an alternative to the prosecution or commencement of a civil action as provided in Section 1.16.040 of this code, a citation may be issued as provided in this section. Upon determining that there is substantial evidence that an infraction of a city ordinance has occurred, a law enforcement officer, code enforcement officer, the city attorney, or other appropriate authority as provided by law, shall give written notice to the alleged violator, which notice shall be either hand-delivered or mailed to the last known address of the individual alleged to have violated the city ordinance. The notice shall include the following information:
A. The ordinance allegedly violated;
B. A description of the alleged violation;
C. The date on which the alleged violation occurred;
D. A copy of any written complaint relied upon in issuing the citation, if the complaint is the only basis for the citation;
E. The amount of the fine to be paid and where it can be paid;
F. If the violation is a violation of a building or safety code, or a zoning violation that does not constitute an immediate danger to health and safety, the individual issuing the citation shall note that the conditions which constitute the violation may be corrected within twenty days, and that if corrected, no fine or penalty shall be owed; and
G. The following statements:
This citation serves as written notice that you have the right to request an administrative hearing to review the imposition of this citation and fine. The officer issuing the citation has indicated on this citation whether this violation is a violation of a building and safety code, or a zoning violation that may be corrected within 20 days without penalty or fine. If you wish to contest this citation, you must request an administrative hearing in writing within seven (7) days of the date of issuance of the citation and mailed to:
If the citation is issued by City of Kerman Code enforcement:
Code Enforcement Officer
C/O Public Works Department
850 S. Madera Ave.
Kerman, CA 93630
If the citation is issued by City of Kerman Police Department:
Administrative Sergeant
C/O Kerman Police Department
850 S. Madera Ave.
Kerman, CA 93630
(Ord. 06-04 §1 (part), 2006).
1.16.043 Infraction--Administrative hearing.
A. Hearing. Within twenty days of receiving a written request for an administrative hearing to review the imposition of a citation and fine for an infraction of a city ordinance, the city manager or designee appointed as hearing officer shall conduct a hearing to determine whether an actual violation of a city ordinance has occurred warranting the imposition of a citation and fine. The hearing shall be informally conducted and technical rules of evidence shall not apply, except that the hearing officer shall have discretion to exclude irrelevant and unduly repetitious evidence.
Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law. The city manager shall establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers.
To preclude any allegations of prejudice or bias, the hearing officer should not be part of the same department that issued the citation. If the alleged violator fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued. The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing.
B. Determination of Violation--Evidence. In making a determination on whether or not an actual violation of a city ordinance has occurred warranting the imposition of a citation and fine, evidence of the following may be considered:
1. Any written complaint relied upon in issuing the citation;
2. Any testimony, written or oral, of the individual who issued the citation surrounding the circumstances giving rise to the alleged violation;
3. Any testimony, written or oral, of the individual that was issued the citation;
4. Any photographs taken or sketches made by the individual who issued the citation;
5. Any other relevant evidence as determined by the hearing officer.
C. Decision of Hearing Officer. The hearing officer after a hearing shall determine whether an actual violation of a city ordinance has occurred warranting the imposition of a citation and fine.
After the hearing, the individual alleged to have violated a city ordinance shall be notified in writing of the determination and orders issued, either personally or by first class mail with return receipt requested. The hearing officer shall make a written determination within fifteen days after the hearing is concluded. The decision of the hearing officer shall be final if not appealed pursuant to Section 1.16.044, Appeals. A failure of the individual to receive notice by certified mail with return receipt requested shall not affect the validity of these proceedings.
The individual alleged to have violated a city ordinance will be provided with notice of the appeal process outlined in Section 1.16.044, Appeals, and will be informed that they have a right to appeal should they disagree with the findings of the hearing. (Ord. 06-04 §1 (part), 2006).
1.16.044 Appeals.
In accordance with California Government Code Section 53069.4(b), within twenty days after service of the final administrative order or decision of the hearing officer, the individual alleged to have violated a city ordinance who wishes to contest that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the city’s file in the case shall be received in evidence. A proceeding under this section shall be a limited civil case and a copy of the document or instrument of the city providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first class mail upon the city by the contestant.
The fee for filing the notice of appeal shall be twenty-five dollars. The court shall request that the city’s file on the case shall be forwarded to the court, to be received within fifteen days of the request. The court shall retain the twenty-five dollar fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the city. Any deposit of the fine or penalty shall be refunded by the city in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty. (Ord. 06-04 §1 (part), 2006).
1.16.045 Collection of fines or penalties.
Upon a citation becoming final, either by the failure of the violator to request an administrative hearing within the prescribed time, by the failure of the violator to promptly correct a condition that has been identified as correctable, or by reason of a final decision by a hearing officer or a court, the city shall by certified mail provide written notice to the violator and to the property owner, if the property owner’s identity can be determined from the county assessor’s or recorder’s records, of the fine or penalty that is due and owing. The notice shall specify that if the fine or penalty is not paid within sixty days of the date of the notice, that the amount of the fine or penalty may be imposed as an assessment recorded against the property to be collected in the same manner as ordinary taxes against the property and that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
If a fine or penalty is not paid within sixty days of the date of the notice, an assessment against the property may be recorded with the county recorder and enforced in accordance with Section 38773.5 of the California Government Code, or at the city’s option, it may commence a civil action for the collection of the fine or penalty. (Ord. 06-04 §1 (part), 2006).
1.16.046 Remedies are cumulative.
The remedies provided by this chapter are cumulative to any other remedy provided by law. Nothing in this chapter shall be construed to prohibit the city from pursuing other remedies authorized by law. (Ord. 06-04 §1 (part), 2006).
1.16.050 Violation--Costs and remedies.
Any violation of this code wherein the city prevails in a civil action, shall entitle the city to the costs of investigation and attorney’s fees involving any abatement action and the city shall be entitled to summary abatement of any nuisance at the expense of the person maintaining it as provided by law. In the case of a substandard building, or other building violation, if the violation is not corrected within a reasonable time, the city shall be entitled to petition the court to appoint a receiver over the subject property for the purpose of correcting the violation as may be provided for by law. The remedies in this paragraph shall be in addition to any other remedies that the city may be entitled to seek and obtain from the court (including but not limited to injunctive relief) under the city’s ordinances or state or federal law.
Where the city has abated any nuisance according to procedures established by this code or other applicable law, the cost of abatement of the nuisance upon a parcel of land shall be made a special assessment against that parcel pursuant to the provisions of Government Code Section 38773.5. Costs of abatement shall include investigative costs, administrative Costs, attorney’s fees, and the reasonable costs necessary for abatement.
Upon placing a special assessment against a parcel pursuant to this section, the city shall provide notice, by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. (Ord. 96-12 §2(part), 1996).