Chapter 1.08
GENERAL PENALTY
Sections:
1.08.010 Violations.
A. It is unlawful for any person to cause or permit any violation of the provisions of this code, or to fail to comply with any of the provisions of this code. Any person violating or failing to comply with any of the provisions of this code shall be guilty of an infraction, except as set forth in subsection B of this section and Section 1.08.020.
B. All ordinances of the city which provide that a violation thereof constitutes a misdemeanor are amended to provide that a violation thereof shall be an infraction; provided, however, that any future ordinance which takes effect after the effective date of the ordinance codified in this chapter may specifically deem a violation of its terms to be a misdemeanor or infraction. (Ord. 90-002 § 1 (part), 1990)
1.08.020 Penalties.
Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision, subsequent violations within a twelve-month period may be charged as a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901. (Ord. 90-002 § 1 (part), 1990)
1.08.030 Separate offenses.
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of, or failure to comply with any provision of this code, or any code or regulation adopted by reference, is committed, continued or permitted by such person, and such person shall be punished accordingly. (Ord. 90-002 § 1 (part), 1990)
1.08.040 Nuisance.
Any violation of, or failure to comply with this code or any code or regulation adopted by reference shall constitute a public nuisance. In addition to any other remedies provided in this code, the city may summarily abate such nuisance and may bring a civil suit to enjoin or abate the violation. (Ord. 90-002 § 1 (part), 1990)
1.08.050 Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive. (Ord. 90-002 § 1 (part), 1990)
1.08.060 Liability for costs.
In addition to the punishment provided by law, a violator convicted of a misdemeanor or an infraction, shall be liable for such costs, expenses or disbursements paid or incurred by the city or any of its contractors in connection with the abatement or prosecution of the violation. (Ord. 90-002 § 1 (part), 1990)
1.08.070 Recovery of fees, costs and charges from absentee residential landlords and non-residential property owners.
A. In accordance with Government Code Section 54988, as amended, the city may collect any fee, cost or charge incurred by the city in:
1. The abatement of public nuisances;
2. The correction of any violation of any law or regulation that would also be a violation of Section 1941.1 of the Civil Code;
3. The enforcement of city zoning ordinances;
4. The inspection and abatement of violations of Section 13100 of the Health and Safety Code relating to fire protection and city ordinances and regulations relating to fire protection;
5. The inspection and abatement of violations of the State Housing Law and city ordinances and regulations enforcing the State Housing Law;
6. The inspection and abatement of violations of the State Building Standards Code and city ordinances and regulations enforcing the State Building Standards Code;
7. The inspection and abatement of violations of city ordinances and regulations concerning building code standards and requirements.
B. This section shall not apply to owner-occupied residential dwelling units, or to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit.
C. For purposes of this section, fees, costs and charges shall include, but not be limited to, city staff costs, attorney costs, consultant and expert witness costs, permit fees, fines, late charges and interest. The amount of any fee, cost, or charge shall not exceed such actual costs incurred performing the inspections and enforcement activity.
D. The fees, costs and charges may become a lien against the property as long as the city first provides the property owner with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of forty-five days after notice to pay the fee, cost, or charge, and an opportunity to appear before the city council and be heard regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the property owner, and shall include the date, time and place of the city council hearing. At the hearing, the city council may confirm the lien upon written factual findings based on the evidence introduced at the hearing. The hearing shall not be an opportunity to present evidence on the question of whether a public nuisance existed on the property, such determination having been made at a prior administrative or judicial hearing with the right to appeal.
E. The lien, in the amount confirmed by the city council, may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.
F. The city council may, in the alternative, cause notice of the lien to be recorded with the Contra Costa county recorder. The lien shall attach upon recordation and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.
G. The city council may delegate the holding of any or all hearings to a hearing board designated by the city council. Such hearing board shall make a written recommendation to the city council which shall include factual findings based on evidence introduced at the hearing. The city council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the property owner at least ten days in advance of the scheduled hearing. (Ord. 02-002 § 1, 2002)