Chapter 1.20
PENALTIES
Sections:
1.20.010 Compliance with Code provisions required.
1.20.030 Separate offense for each violation.
1.20.040 Permitted or existing violations deemed public nuisance.
1.20.050 Administrative provision violations.
1.20.070 Administrative and abatement costs.
1.20.080 Code compliance process.
1.20.090 Enforcement authority.
1.20.100 Notice of recordation.
1.20.010 Compliance with Code provisions required.
No person shall violate any provision, or fail to comply with any of the requirements of this Code. (Ord. 490 § 1 (part), 1959)
1.20.020 General penalty.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City, is guilty of a misdemeanor, unless the violation is made an infraction by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
C. Any person convicted of an infraction for violation of an ordinance of the City is punishable 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.
D. Each person is guilty of a 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 any such person, and he shall be punishable accordingly.
E. In addition to the penalties set out in this Code, 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 the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.
F. Notwithstanding any other provision of this Code, whenever violation of any section of this Code is punishable as a misdemeanor, the Prosecuting Attorney may specify that the offense is an infraction and proceed with prosecution as an infraction unless the defendant, at the time of arraignment or plea, objects to the offense being an infraction, in which event the complaint shall be amended and the case shall proceed on a misdemeanor complaint. (Ord. 1113 § 1, 1992; Ord. 978 § 2 (part), 1987)
1.20.030 Separate offense for each violation.
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 this Code is committed, continued or permitted by such person, and he shall be punished accordingly. (Ord. 490 § 1 (part), 1959)
1.20.040 Permitted or existing violations deemed public nuisance.
In addition to the penalties provided for in this chapter, 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 the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 490 § 1 (part), 1959)
1.20.050 Administrative provision violations.
The violation of any administrative provision 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 Ordinance, codified in Chapter 2.44 of this Code and rules and regulations of the City. (Ord. 490 § 1 (part), 1959)
1.20.060 Violation—Abatement.
A. Violations as a Misdemeanor or Infraction. In addition to the penalties provided for in this chapter, any condition caused or permitted to exist in violation of any of the provisions of the Code may, in the City Attorney’s discretion, constitute either a misdemeanor, an infraction pursuant to Section 1.20.020(F) of this code, or may constitute a citable offense or any combination thereof. In addition, violations of this chapter may result in the payment of fines and fees by the property owner or responsible party as established by City Council resolution for the recovery of administrative expenses and abatement costs.
B. Chapter Provisions Not Exclusive. Notwithstanding the enforcement procedures as set forth in this chapter, the City may proceed to enforce any violation of its Code in any manner authorized by law. (Ord. 1179 § 5 (part), 1995)
1.20.070 Administrative and abatement costs.
A. Whenever a public nuisance as defined in this chapter is found to exist as a result of an inspection, the reasonable administrative expenses as determined by the City Council and actual abatement costs as set by City Council resolution, shall be paid by the property owner. The City Council shall, from time to time, determine and fix an amount to be assessed as administrative expenses and abatement costs for violations of this chapter.
B. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the City to abate a public nuisance, the prevailing party shall be entitled to reasonable attorney’s fees. Recovery of attorney’s fees shall be limited as follows:
1. To those actions or proceedings where the City has elected to recover attorney’s fees at the initiation of such actions or proceedings.
2. The amount of attorney’s fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding. (Ord. 1222 § 1, 1996; Ord. 1179 § 5 (part), 1995)
1.20.080 Code compliance process.
The Council adopts the following basic principles to guide the City’s Code compliance process:
A. It is the responsibility of the property owner and his/her builder or contractor or other responsible person to understand and comply with all applicable provisions of this Code.
B. The City has a duty and responsibility to investigate, enforce and prioritize Code violations in order to obtain compliance with City Code provisions. The City requires written and signed complaints from members of the public for the enforcement of violations which are not visible from the public right-of-way.
C. When a Code violation is discovered, any related construction or demolition work activity shall cease immediately.
D. No City official has the authority to waive the need for a permit required by the City Code unless expressly given that right by the City Code or court order.
E. When a Code violation occurs, the person responsible for the violation shall be responsible for the City’s costs of obtaining compliance with the City’s regulations. (Ord. 1201 § 1, 1996)
1.20.090 Enforcement authority.
The City Manager or his/her designee, as Code Enforcement Officer, shall enforce the violations of this Code. (Ord. 1201 § 2, 1996)
1.20.100 Notice of recordation.
A. In addition to any other remedy provided for violations of the provisions of this Code, or any other ordinance of the City, or the provisions of any Code adopted by reference by this Code, whenever the City has knowledge of an alleged violation that relates in any way to the occupation of real property within the City, it may provide a notice of Code violation to the owner of the property upon which the alleged violation is located, or where different from the owner, to the person(s) responsible for causing or maintaining such alleged violation. Notice shall be provided to the property owner by U.S. mail at the address shown on the latest assessment roll or at any other address of the owner known to the Code Enforcement Officer. In the event the owner’s address is unknown, notice shall be conspicuously posted on or in front of the property, in a form to be approved by the Code Enforcement Officer. Notice to any responsible person shall be by U.S. mail to the street address of the property or by posting notice on the property.
B. The notice shall specify the property address, the owner’s name, any responsible party’s name, and the nature of the alleged violation(s), including reference to the pertinent Code section(s). The notice shall provide a list of corrections needed to bring the property into compliance, a deadline or specific date to correct the violations, and an indication of the potential consequences should the property remain in violation, including, but not limited to: criminal prosecution, civil injunction, civil penalties, administrative costs, recordation of the notice, and withholding of future permits and inspections. The potential consequences listed should be commensurate with the nature and severity of the alleged violation.
C. The notice shall also state that within twenty days after the date of the notice, the owner and/or any responsible person may request a hearing by the City Manager to present evidence that a Code violation does not exist. If a hearing is requested, the City Manager shall set a date and time for a hearing with the owner and/or responsible person to discuss the alleged violation, its substance, compliance procedures, remedies and potential consequences of failure to remedy, as soon as possible after receipt of request for such hearing. At the time and place set for a hearing before the City Manager, he or she shall hear evidence for and against the alleged Code violation. The City Manager may continue any hearing from time to time. Within a reasonable time, but not more than ten working days after the conclusion of the hearing, the City Manager shall determine whether or not a Code violation exists, which in his or her opinion is supported by the evidence presented at the hearing. Notice of the decision of the City Manager shall be mailed to the applicant and to any other person requesting such notice.
D. In the event a hearing is not requested and the alleged violation has not been corrected or a corrective plan of action is not approved by the Code Enforcement Officer within thirty days of notice or in the event that, after consideration of evidence, the City Manager determines that a violation of one or more of said City Codes or ordinances in fact exists, the Code Enforcement Officer shall issue a notice of intent to record the notice of Code violation. A copy of the notice of intent shall be provided by personal delivery or certified U.S. mail to the property owner and to any responsible person.
E. If the owner or the responsible person disagrees with the determination of the City Manager, either party may appeal the decision to the City Council pursuant to Chapter 1.25 of this Code.
F. In the event that the Code violation has not been corrected within forty-five days of the date of the notice of intent, and there has been no appeal filed, the Code Enforcement Officer shall record the notice of violation with the Office of the County Recorder of San Mateo County. If there has been an appeal filed, the City Council has found that a violation exists, and the Code violation has not been corrected within forty-five days of the final determination, the Code Enforcement Officer shall record the notice of violation with the Office of the County Recorder of San Mateo County. The recorded notice of violation shall include the name of the property owner, assessor’s parcel number, the parcel’s legal description, and a requirement that the Code violation be corrected prior to sale of the residence. A copy of the notice of violation shall be provided by certified U.S. mail to the property owner and any responsible person.
G. Upon the correction of any violation noticed pursuant to this section, the Code Enforcement Officer shall issue a notice of release of Code violation. A notice of release of Code violation shall be issued and recorded by the Code Enforcement Officer only if:
1. All violations listed in the notice of violation have been corrected;
2. All necessary permits have been issued and finalized;
3. Any required civil penalties or administrative penalties have been paid.
H. Notwithstanding the foregoing provision, however, the City may pursue such violations where the Code Enforcement Officer determines that a health and/or safety hazard exists from the violation. (Ord. 1201 § 3, 1996)
1.20.110 Mediation.
At any stage of a Code compliance proceeding, including during a civil action, the matter may be referred to mediation by the City, or by a court that has jurisdiction over the matter. The mediation shall be held before a neutral third party agreed to by the parties or appointed by the Presiding Judge of the Superior Court in and for the County of San Mateo. Fees incurred during the mediation process shall be shared equally by all parties involved. (Ord. 1201 § 4, 1996)