Chapter 1.08
GENERAL PENALTY
Sections:
1.08.020 Appeal of administrative citation.
1.08.010 Violation – Penalty.
A. It is unlawful for any person, or any responsible person, to violate any provision or to fail to comply with any of the requirements of this code, the zoning development code, or of any ordinance adopted by the City.
B. Notwithstanding any provisions to the contrary, a violation of any of the provisions or requirements of this code, the zoning development code, or any ordinance adopted by the City shall constitute a misdemeanor; provided, however, that any such violation constituting a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. Alternatively, the City may enforce the provisions of this code by any remedy available under applicable law.
C. Causing, permitting, aiding, or abetting noncompliance with any part of the Poway Municipal Code shall also constitute a violation of this chapter. Any falsification or misrepresentation made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
D. Prior to issuing a citation for a violation of this code that does not create an immediate danger to health or safety, the enforcement officer may serve a pre-citation or courtesy notice to the responsible person for the violation containing, when available, the following information:
1. The date the violation was observed;
2. The address or a definite description of the location where the violation was observed;
3. The section of this code violated and a brief description of the violation;
4. The compliance date by which the violation shall be corrected or otherwise remedied, which shall be no less than 15 days and no more than 60 days from the date the pre-citation notice is given, as determined to be reasonable by the code enforcement official;
5. A statement that if the violation is not corrected by the specified compliance date, an administrative citation may be issued which imposes a fine, the amount of which will be specified; and
6. The name, signature and department of the enforcement officer issuing the pre-citation notice.
E. After the compliance date has lapsed of a pre-citation or courtesy notice, the enforcement officer may serve a written notice on the violator personally or mail to the address at which, in the opinion of the enforcement officer, such notice is most likely to be received by the violator. Such notice shall provide the nature of the violation and that the violator is required to abate or correct the condition constituting the violation within a reasonable time frame as determined by the enforcement officer, unless, in the opinion of the Director of Development Services, a shorter period of time is required, but in no case less than 10 days. After the reasonable time frame provided in the notice of violation has elapsed, the enforcement officer may seek any additional remedies allowed by the PMC to correct the violation within a reasonable time frame.
F. In addition to notice issued to the responsible person, when time permits and when practical, the owner of the property on which the violation occurred shall be sent notice(s) at the same time as the notices to the responsible person to the address of the said property owner as it appears on the last equalized assessment roll or, alternatively, as it appears from such other records of the Assessor or City Treasurer that contain more recent addresses.
G. Any responsible person or other person convicted of a misdemeanor under the provisions of this code, the zoning development code, or of any ordinance adopted by the City, unless provision is otherwise made, shall be punishable by a fine of not more than $1,000, by imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment. Any responsible person convicted of an infraction under the provisions of this code, the zoning development code, or any ordinance adopted by the City, unless provision is otherwise made, shall be punishable by fine in accordance with Government Code Section 36900, as may be amended.
Each responsible person who violates any provision or fails to comply with any of the requirements of this code, the zoning development code, or any ordinance adopted by the City shall be charged by a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such responsible person and shall be punished accordingly.
H. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code, the zoning development code, or any ordinance adopted by the City shall be deemed a public nuisance and may be, by the City, abated as such, and each day that such condition continues shall be regarded as a new and separate offense.
I. Pursuant to Government Code Section 36900, the City Council, in the alternative to subsections A, B, and C of this section, may redress a violation of any State or local ordinance by civil action. Civil action by the City Council may include the following, in addition to any other civil remedy allowed under the laws of the State and the United States: forfeiture of any or all permits, licenses, approvals and privileges or benefits of any nature granted by the City.
J. The prevailing party in any action or proceeding involving a public nuisance shall be entitled to recover all of its reasonable costs and expenses incurred with respect to said action, including without limitation its costs of investigation and discovery, attorneys’ fees, and expert witness fees.
K. “Person,” as referred to in this section, includes individuals, corporations, partnerships, and organizations of any kind.
L. “Responsible person” means any person, including but not limited to any person who is the owner or occupant of or who controls, possesses, occupies, or has an interest in real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; or the parent or legal guardian of any such person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described in PMC 1.10.030.
M. Citation for Infraction. As an alternative to a misdemeanor prosecution, the Director of Development Services or his/her designee, the Director of Public Works or his/her designee, the Director of Community Services or his/her designee, or the Director of Safety Services or his/her designee may issue a criminal infraction citation to the responsible person(s) or any other person deemed responsible for violating any provisions of the Poway Municipal Code. For purposes of this subsection, any such violation shall be classified as an “infraction,” pursuant to California Government Code Section 36900, which section and the penalties prescribed are adopted and incorporated in this section. For the purposes of enforcing the provisions of this code and other regulations, the Director of Development Services or his/her designee, the Director of Public Works or his/her designee, or the Director of Safety Services or his/her designee, and the Director of Community Services or his/her designee are deemed to be public officers, as described in California Penal Code Section 836.5.
N. Administrative Citation. Upon a finding by the City official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 1.10 PMC.
O. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators or issue a criminal citation and notice to appear as prescribed in the California Penal Code, including Section 853.6. There is no requirement that administrative enforcement remedies be exhausted or otherwise used prior to such actions being taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this chapter.
P. Injunctive Relief. The City may enforce compliance with this section by judicial action for injunctive relief.
Q. Cease and Desist Orders. Written orders, verbal orders or both may be issued to stop unauthorized actions. If it is determined by an authorized enforcement official that the public interest requires the posting of a bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official.
R. Notice and Order to Perform. Written orders, verbal orders or both may be issued to perform activities to comply with the Poway Municipal Code or a resolution of approval by the City Council, or as directed by an authorized enforcement official where conditions warrant.
S. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. Failure to comply with the specified order shall require double payment of permitting fees, an additional inspection fee, the filing of a complaint with the State Contractor License Board against the responsible person and/or relevant licensee, and a criminal citation.
T. Permit Suspension or Revocation. Violations of this chapter may be grounds for the suspension or revocation of a permit and other City license pursuant to subsection I of this section.
U. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies.
V. Recorded Notice of Violation. The enforcement officer may, at its sole discretion, in addition to or in place of civil and criminal penalties, cause to be recorded with the County Recorder a notice of violation in a form acceptable to the City Attorney. This notice of violation may provide for denial of any application for approval by the City until the original violation has been corrected in accordance with City regulations in effect at the time of correction. Any correction shall be done under the authority of a valid permit issued, as applicable. A notice of violation shall be expunged only after completion of all work necessary to correct the original and all subsequent violations of the Poway Municipal Code. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 1, 2002; Ord. 518, 1999; Ord. 211 § 1, 1987; Ord. 203 §§ 1, 2, 1986; Ord. 145 § 2, 1984)
1.08.020 Appeal of administrative citation.
In accordance with Chapter 2.20 PMC, any recipient of an administrative citation may appeal an administrative citation to contest that there was a violation of any ordinance, regulation, permit, entitlement, or agreement covered by this chapter, or that he or she is the responsible person. (Ord. 827 § 2 (Exh. 1), 2019)