Chapter 1.03
ENFORCEMENT OF CODE
Sections:
1.03.010 Violations and remedies.
1.03.020 Injunction and civil penalties.
1.03.030 Personal liability for unpaid taxes.
1.03.040 Cost recovery for enforcement – Attorneys’ fees.
1.03.050 Certain violations deemed infractions.
1.03.070 Violation of administrative provisions.
1.03.090 Criminal citation authority.
1.03.100 Writing form and language.
1.03.120 Notice service procedure.
1.03.130 Proof of service – Notices.
1.03.010 Violations and remedies.
(A) No person shall violate any provision or fail to comply with any of the requirements of this code or of any other ordinance of the City. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or of any City ordinance, other than administrative provisions thereof, shall be guilty of a misdemeanor, unless the violation of such provision is designated as an infraction or is a parking violation. The code provisions for which a violation is an infraction are set forth in MSMC 1.03.050. The code provisions for which a violation is a parking violation are set forth in MSMC 1.03.060.
(B) Notwithstanding the above, any violation of any provision of this code is an infraction when the City Attorney files a complaint charging the offense as an infraction or reduces the charge to an infraction.
(C) Any person convicted of a misdemeanor under the provisions of this code or other City ordinance shall be punishable by a fine of not more than $1,000 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.
(D) Any person convicted of an infraction under the provisions of this code or other City ordinance shall be punishable by:
(1) A fine not exceeding $100.00 for a first violation;
(2) A fine not exceeding $200.00 for a second violation, within one year, of the same provision of this code or of the same ordinance;
(3) A fine not exceeding $500.00 for a third violation, within one year, of the same provisions of this code or of the same ordinance; and
(4) Any person violating the same provision of this code or other City ordinance that is designated as an infraction, for the fourth time within one year, shall be guilty of a misdemeanor.
(E) Any person determined to have committed a parking violation under the provisions of this code or other City ordinance shall be subject to parking penalties and late payment penalties as set forth by resolution of the City Council.
(F) Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provision of this code or of any other City ordinance is committed, continued or permitted by such person, and shall be punishable accordingly.
(G) Any condition existing in violation of any of the provisions of any State or Federal law or regulation or of this code or any other City ordinance shall be deemed a public nuisance and may be abated by the City. Nuisance shall include, but is not limited to, the factors in MSMC 1.04.050.
(H) The remedies specified in this section are in addition to, and do not supersede or limit, any other remedies, civil, administrative or criminal. (Ord. CCO-20-04 § 1, 2020)
1.03.020 Injunction and civil penalties.
(A) In addition to all other remedies provided by law, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Mt. Shasta.
(B) In addition to all other remedies, as part of any civil action brought by the City, a court may assess a civil penalty in an amount not to exceed $2,500 per violation for each day, payable to the City, against any person who commits, continues, operates, allows or maintains any violation of any provision of this code. (Ord. CCO-20-04 § 1, 2020)
1.03.030 Personal liability for unpaid taxes.
(A) In addition to all other remedies provided by law, any person required to collect, truthfully account for, and pay over any tax imposed by this code who willfully fails to collect such tax, or truthfully account for and pay over such tax or willfully attempts in any manner to evade or defeat any such tax or payment thereof shall be personally liable for the total amount of the unpaid tax and interest and penalties on the unpaid tax evaded or not collected or not accounted for and paid over to the City.
(B) For the purposes of this section, “person” includes, but is not limited to, an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to collect, truthfully account for, and pay over the tax to the City. (Ord. CCO-20-04 § 1, 2020)
1.03.040 Cost recovery for enforcement – Attorneys’ fees.
(A) In addition to all other remedies and cost recovery provided by law, any person violating the provisions of this code shall be liable to the City for the expenses incurred in detecting, investigating, and abating the violation, including the costs of monitoring compliance.
(B) Any person violating the provisions of this code shall be liable to the City for the City’s attorney’s fees and costs in enforcing the code against the violator, including recovery of the City’s attorney’s fees and costs in bringing an administrative or civil action and any action to enforce an administrative determination or court order. The recovery of attorneys’ fees and costs under this subsection is in addition to all other remedies and cost recovery provided by law, with the exception that cost recovery under this subsection does not apply to public nuisance abatement actions, for which attorneys’ fee and cost recovery is authorized by subsection (C) of this section.
(C) In any individual action or proceeding brought by the City to abate a public nuisance, the prevailing party shall be entitled to the recovery of reasonable attorneys’ fees and costs where the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees and costs.
(D) For the purposes of this section, the term “public nuisance” means any violation of the City of Mt. Shasta Municipal Code or other conduct that has been declared to be a public nuisance by any provision of this code.
(E) The City may recover the costs specified in this section by civil or other action, or by billing the violator pursuant to the collection and payment provisions of Chapter 1.09 MSMC. (Ord. CCO-20-04 § 1, 2020)
1.03.050 Certain violations deemed infractions.
MSMC Title 2
Chapter 2.16 MSMC
MSMC Title 3
MSMC Title 5
Chapter 5.32 MSMC
Chapter 5.36 MSMC
Chapter 5.52 MSMC
Chapter 5.60 MSMC
Chapter 5.70 MSMC
Chapter 5.80 MSMC
MSMC Title 6
Chapter 6.04 MSMC
Chapter 6.05 MSMC
Chapter 6.06 MSMC
Chapter 6.16 MSMC
Chapter 6.20 MSMC
MSMC Title 7
Chapter 7.05 MSMC
Chapter 7.06 MSMC
Chapter 7.07 MSMC
Chapter 7.08 MSMC
Chapter 7.09 MSMC
Chapter 7.12 MSMC
Chapter 7.15 MSMC
Chapter 7.16 MSMC
Chapter 7.20 MSMC
MSMC Title 8
MSMC Title 9
Chapter 9.03 MSMC
Chapter 9.04 MSMC
Chapter 9.20 MSMC
MSMC Title 10
Chapter 10.04 MSMC
Chapter 10.12 MSMC
Chapter 10.16 MSMC
MSMC 10.20.080, 10.20.090, 10.20.100, 10.20.120, and 10.20.130
Chapter 10.24 MSMC
MSMC 10.54.020
Chapter 10.60 MSMC
MSMC Title 12
MSMC Title 13
MSMC Title 15
Chapter 15.04 MSMC
Chapter 15.06 MSMC
Chapter 15.32 MSMC
Chapter 15.36 MSMC
Chapter 15.44 MSMC
MSMC Title 17
MSMC Title 18
(Ord. CCO-20-04 § 1, 2020)
1.03.060 Parking violations.
(A) Parking violations shall be governed by the civil administrative procedures set forth in Cal. Veh. Code §§ 40200 through 40230, as may be amended from time to time.
(B) Violations of the following provisions shall constitute parking violations:
MSMC Title 10
Chapter 10.24 MSMC
Chapter 10.32 MSMC
Chapter 10.36 MSMC
Chapter 10.40 MSMC
Chapter 10.41 MSMC
Chapter 10.44 MSMC
Chapter 10.48 MSMC
MSMC 10.54.010
(Ord. CCO-20-04 § 1, 2020)
1.03.070 Violation of administrative provisions.
The violation of any administrative provisions of this code by any officer or employee of the City may be deemed a failure to perform the duties under, or observe the rules and regulations of, the department, office or board within the meaning of the civil service ordinances and rules and regulations of the City. (Ord. CCO-20-04 § 1, 2020)
1.03.080 Enforcement powers.
(A) Police officers are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this code, or any other ordinance of the City, where a violation of such provision or provisions or of such ordinance would constitute a misdemeanor, an infraction or a parking violation.
(B) The City Manager is authorized to designate persons, other than police officers, to enforce all parking laws and regulations, including any and all provisions of this code or any other ordinance, where a violation of such provision or provisions or of such ordinance would constitute a parking violation.
(C) The City Manager shall have the authority to designate those employees of the City that have authority to issue administrative citations pursuant to Chapter 1.04 MSMC. (Ord. CCO-20-04 § 1, 2020)
1.03.090 Criminal citation authority.
Pursuant to the provisions of Cal. Penal Code § 836.5, the City Manager shall have the authority to designate those employees of the City that have criminal citation issuance authority. Employees that enforce provisions of this code may be so designated. (Ord. CCO-20-04 § 1, 2020)
1.03.100 Writing form and language.
(A) Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.
(B) Writing accommodations will be made for those that request a copy of a notice in a different language or in Braille or another visual assistance measure for the visually impaired. (Ord. CCO-20-04 § 1, 2020)
1.03.120 Notice service procedure.
Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, 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 their 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. (Ord. CCO-20-04 § 1, 2020)
1.03.130 Proof of service – Notices.
Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with the code or other provisions of law applicable to the subject matter concerned. (Ord. CCO-20-04 § 1, 2020)