Chapter 1.06
ENFORCEMENT AND PENALTIES
Sections:
1.06.020 Responsibility for enforcement.
1.06.030 Responsibility for prosecution.
1.06.040 State law compliance during arrest.
1.06.050 Violations – General penalty – Public nuisance.
1.06.060 Continuing violation.
1.06.010 Right of entry.
A. Whenever necessary to ascertain the existence of any violation of this code, or of any ordinance of the City, or whenever there is reasonable cause to believe that there exists such a violation, any authorized agent of the City may enter onto any premises or into any building upon presentation of proper credentials to the owner and/or the occupant thereof.
B. In those situations where there is no owner and/or occupant present, or when such person refuses to permit entry, the agent shall give the owner and/or occupant twenty-four (24) hours’ written notice of any intention to enter onto such premises. The notice shall advise the owner and/or occupant that in the event the right of entry is refused, entry will be obtained under an inspection warrant issued pursuant to Cal. Civ. Proc. Code § 1822.50 et seq. or other applicable warrant permitting a search of the premises pursuant to the Constitutions of the United States and the State.
C. The City Attorney is authorized to assist the authorized agents of the City in obtaining a warrant or other legal process to permit the search of premises.
D. Nothing in this section shall be construed to limit the ability to effect an immediate entry if:
1. An emergency situation exists.
2. Where entry without a warrant is permitted by the Constitutions of the United States and the State and/or any Federal or State law.
3. To impound any vicious or rabid animal. [Ord. 03-006.]
1.06.020 Responsibility for enforcement.
The City Manager and his or her designated representative shall be responsible for the enforcement of all provisions of this code. [Ord. 03-006.]
1.06.030 Responsibility for prosecution.
The City Attorney, and/or the District Attorney of the County, may prosecute violations of the provisions of this code, or take such other legal action as may be required to secure compliance with the provisions of this code. [Ord. 03-006.]
1.06.040 State law compliance during arrest.
The arrest of persons violating the provisions of this code, including the issuance to any such person, not immediately taken before a magistrate, of a written notice to appear in court, shall be carried out in accordance with the general laws of the State. [Ord. 03-006.]
1.06.050 Violations – General penalty – Public nuisance.
A. It is unlawful to violate any of the provisions of this code, or to do any act prohibited by this code, or to omit or fail to do any act required by this code.
B. Except where violation of this code is expressly made a misdemeanor, the violation of any provision of this code shall be punishable as an infraction. Penalties for infraction and misdemeanor violations of this code shall be the same as those provided in the general laws of this State; provided, however, that the Council may by resolution establish a bail schedule for specified sections of this code, which bail schedule shall be transmitted by the City Clerk to the Presiding Judge of Solano County.
C. In addition to any other remedy or provision of law, the violation of any of the provisions of this code, or the doing of any act prohibited by this code, or the omission or failure to do any act required by this code, is hereby declared to constitute a public nuisance. [Ord. 03-006.]
1.06.060 Continuing violation.
Each day that a violation of this code continues shall constitute a separate and distinct offense. [Ord. 03-006.]