Angels Camp Municipal Code Ch. 1.16 Enforcement – Violations, Process, Notice and Order to Abate

The purpose of this chapter is to provide city staff with a consistent enforcement framework that can be effectively applied and administered in a fair, expedient, and cost-efficient manner. This chapter is intended to be used in conjunction with Chapter 1.17 (Enforcement--Public Nuisances, Abatement, Recording Notices of Violation), Chapter 1.18 (Enforcement--Administrative Citations), Chapter 1.19 (Enforcement--Appeals and Judicial Review), Chapter 8.44 (Controlled Debris Burning), Chapter 8.52 (Fire Safety Regulations), Chapter 15.06 (Dangerous Building Code, Enforcement) and all other code sections addressing enforcement. (Ord. 514 § 1 (Att. A), 2021)

A. Code Violation a Public Nuisance. It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of the city of Angels Municipal Code. Additionally, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and violation of this code as defined in Chapter 1.17, 8.44, 8.52, 15.06, or as may otherwise be identified in the Angels Municipal Code.

B. Permit Violation. A person who is issued or granted a permit (including a land use
entitlement or variance) by the city shall comply with every provision and condition of the
permit. A person who violates or fails to comply with any provision or condition of the
permit is in violation of this section, and is subject to punishment in accordance with this
chapter and its associated chapters, including proceedings for revocation of the permit or
any other remedies available to the city by law.
(Ord. 514 § 1 (Att. A), 2021)

A. Owner. Every owner of real property within the city limits is required to maintain his/her property in a manner consistent with the provisions of this code. The landowner shall be held responsible for code violations occurring on his or her property regardless of any contract or agreement with any third party regarding such property.

B. Occupant, Lessee, Owner Representative, or Other. Every occupant, lessee, landowner’s
representative, or holder of any interest in property shall maintain property in a manner
consistent with the provisions of this code. Any nonowner interest in property may also be
held responsible for code violations occurring on property regardless of any contract or
agreement with any other party regarding such property.
(Ord. 514 § 1 (Att. A), 2021)

Regardless of other titles held by an individual, and except as otherwise specified in this code, the responsible city personnel shall be acting as a code enforcement officer when undertaking any of the following enforcement actions:

A. Property Maintenance. The code enforcement officer shall have enforcement authority over
any violation of the city of Angels Municipal Code, in particular, those related to property
maintenance resulting in an infraction, misdemeanor, or public nuisance, unless otherwise
provided by this chapter, the Angels Municipal Code, applicable statutes, rules, codes,
regulations, or any ordinances or resolutions of the city council.

B. Zoning Code and Signs. The city planner shall have enforcement authority over any
violations of the city of Angels Municipal Code, in particular, those related to violations of
the zoning code, sign regulations, and regulations adopted pursuant to the zoning code
unless otherwise provided for by this chapter, the Angels Municipal Code, applicable
statutes, rules, codes, and regulations, any ordinances or resolutions of the city council.

C. State Housing Law. The building official/building inspector and the fire chief shall have
enforcement authority over any violation of the city of Angels Municipal Code, in
particular, those regarding the State Housing Law as prescribed in California Health and
Safety Code Sections17910 through 17998.3.

D. Fire Hazards. The fire chief shall have enforcement authority regarding any violation of the
city of Angels Municipal Code, and/or any applicable statutes, rules, codes, or regulations,
and in particular, those relating to fire hazards and including Chapters 8.44 (Controlled
Debris Burning) and 8.52 (Fire Safety Regulations).

E. Disruptive Activities, Graffiti, Vehicle Enforcement. The police chief shall have
enforcement authority regarding any violation of the city of Angels Municipal Code, in
particular, those relating to disruptive activities, graffiti, and vehicle enforcement on public
property and highways. In addition to other remedies provided herein, police officers also
have the authority to issue criminal citations as per Section 1.16.140.

F. City Infrastructure. The city engineer and the superintendent of the department of public
works shall have enforcement authority regarding any violation of the city of Angels
Municipal Code, in particular, those related to water service, sewer service, public
roadways, city property and related.

G. Persons to Retain Exclusive Authority. Nothing in this chapter shall limit or otherwise restrict any employee, agent, or official of the city from exercising any exclusive authority to enforce any law or regulation as provided by any applicable statute, rule, code, regulation or policy. (Ord. 514 § 1 (Att. A), 2021)

regulations or inspection warrants – Refusal to permit inspection.

A. Whenever necessary to make an inspection to enforce any provision of this chapter, or
whenever the code enforcement officer has reasonable cause to believe that there exists in
any building or upon any premises any condition in violation of this chapter, the code
enforcement officer may enter such premises at all reasonable times to perform any duty
imposed upon such person by this chapter; provided, that if the premises are private and
occupied, the code enforcement officer shall present proper credentials, state the reasons
for entry and request entry. If entry is not granted a court order should be secured. If
premises are unoccupied, the code enforcement officer should make a reasonable effort to
locate the owner, or tenant, or owner representative and request entry. If entry is refused, the code enforcement officer shall have recourse to the remedies provided by law to secure
entry.

B. Nothing in this chapter shall prohibit or preclude inspections conducted pursuant to any
applicable statute, rule, code, regulation, or inspection warrant for the purposes of
inspections related to the respective statutes, rule, code, regulation, inspection, or search
warrant.

C. Any occupant or tenant who refuses to permit an inspection pursuant to any court-issued
inspection warrant may be subject to arrest for a misdemeanor by a police officer, or other
authorized enforcement officer. Forcible execution of said inspection under such
circumstances shall be permitted only if the warrant expressly grants permission for such
forcible entry.
(Ord. 514 § 1 (Att. A), 2021)

Except as otherwise provided in Section 1.17.230 (Summary abatement of public nuisances posing immediate threat to public health and safety), when an inspection of any real property or premises finds that conditions at or upon the property or premises constitute a public nuisance or other violation pursuant to any provision of the Angels Municipal Code and/or applicable statutes, rules, codes, or regulations, and the city has not commenced an alternative violation abatement procedure prescribed by statute regarding said public nuisance or other violation, then any city representative charged with enforcement responsibility may issue, or cause to be issued, a notice and order to abate. The notice and order to abate should contain the following:

A. The name and record owner of the property;

B. The street address, assessor’s parcel number, or other legal description sufficient for
identification of the property where the condition exists;

C. A statement that the code enforcement officer has found the property to be a public
nuisance with a brief and concise description of the conditions found to render the property
a public nuisance and which section of the code is being violated per Chapter 1.17, 8.44,
8.52, 15.06, or other code section or permit condition(s) that is in violation;

D. A list of needed corrections to bring the property, or project, into compliance;

E. The specific date by which the nuisance or violation must be abated;

F. An explanation of the potential remedies that may be undertaken should the property
remain in violation after the expiration of the compliance deadline. These consequences
shall include, but are not limited to, those identified per Section 1.16.110 and the penalties
in Section 1.16.120;

G. See Section 15.06.160 for additional contents for abating dangerous buildings.
(Ord. 514 § 1 (Att. A), 2021)

Except as otherwise provided in Section 1.17.230 (Summary abatement of public nuisances posing immediate threat to public health and safety):

A. The code enforcement officer shall cause the notice and order to abate to be served on the
owner(s) of the property as shown on the last equalized assessment roll. The city may, in
its sole discretion, also serve notice on a tenant, a mortgagor, or any other person having an
interest in the property. Service may be made in the following manner:

1. By personal service; or

2. By certified mail, return receipt requested;

3. If no address is known, then notice shall be given by publication in a paper of general
circulation within the city. The notice published shall allow for a minimum of ten
days following publication before proceeding with enforcement remedies.

B. Should the service by certified mail, return receipt, be returned as "refused or unclaimed,"
service may be made by posting a copy of the notice and order to abate prominently and
conspicuously upon the property where the nuisance and/or violation exists and mailing a
copy of the notice by regular U.S. mail to the owner. Mailing by regular U.S. mail to the
owner and posting the notice and order to abate upon the property may occur at the same
time as service by certified mail.

When service of the notice and order to abate is made by personal service, or posting, proof
of service shall be certified at the time of service by a written declaration. When service is
made via certified mail, the card returned in acknowledgment of receipt shall be affixed to
a copy of the notice and order retained by the code enforcement officer.

C. Failure to Receive Notice. The failure of a person to receive a required notice shall not
affect the validity of any proceedings taken under this chapter.
(Ord. 514 § 1 (Att. A), 2021)

A. The owner or the tenant may request an extension of the date for abatement of the nuisance specified in the notice and order to abate. Such request must be in writing and include:

1. An explanation of the circumstances necessitating an extension; and

2. A suggested alternative performance date.

B. The code enforcement officer shall have discretion to grant an extension if (s)he finds:

1. That unique circumstances exist which require additional time to abate the nuisance;
and

2. The owner or tenant has made a good faith effort to comply with the order.
If the code enforcement officer believes an extension of the date should be granted, (s)he
shall notify the party requesting an extension of the new performance date.
(Ord. 514 § 1 (Att. A), 2021)

The code enforcement officer need not implement the process set forth in Sections 1.16.060 through 1.16.080, as applicable, for any one of the following:

A. An imminent threat to public health and/or safety pursuant to Section 1.17.230 (Summary abatement of public nuisances posing immediate threat to public health and safety);

B. A violation of a condition of a land use entitlement or variance issued by the city;

C. Removing an abandoned or inoperable vehicle in a public right-of-way or highway. (Ord. 514 § 1 (Att. A), 2021)

Each day during any portion of which a violation is committed, continued, or permitted is a new and separate offense. This section applies whether a provision of this code is prosecuted by any of the methods or alternative remedies described in Section 1.16.110. (Ord. 514 § 1 (Att. A), 2021)

criminal prosecution, civil litigation, recording a notice of violation, alternative remedies.

The city may enforce any violation of the provisions of the city of Angels Municipal Code by
any one or more of the following methods alone or in combination, at the city’s discretion:

A. City abatement and assessments per Chapter 1.17;

B. Administrative citations per Chapter 1.18;

C. Denial, forfeiture, or revocation of any permit granted by the city per Section 1.16.170;

D. Criminal citations per Section 1.16.140;

E. Criminal prosecution per Section 1.16.150;

F. Civil litigation per Section 1.16.160;

G. Recording a notice of violation per Chapter 1.17;

H. Any other alternative remedy alone or in combination with the preceding as per Section
1.16.160.
(Ord. 514 § 1 (Att. A), 2021; Ord. 546 (Att. A), 2025)

and fire codes.

A. Infraction. A person who violates a provision of this code, or who fails to comply with a
requirement of this code, is guilty of an infraction, unless the violation is specifically
identified in this code as a misdemeanor. An infraction 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 code
provision within a twelve-month period.

3. A fine not exceeding five hundred dollars for each additional violation of the same
code provision within a twelve-month period.

4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of two or more violations of the same code provision within a twelve-
month period. For this subsection, a bail forfeiture is considered a conviction of the
offense charged.

5. An infraction is not punishable by imprisonment. A person charged with an infraction
is not entitled to a jury trial nor to a public defense unless arrested and not released.

B. Misdemeanor. A person who violates a provision of this code, or who fails to comply with
a requirement of this code, is guilty of a misdemeanor if the violation is specifically
identified in this code as a misdemeanor or the provisions of subsection (A)(4) of this
section apply. A misdemeanor is punishable by a fine not exceeding one thousand dollars,
or imprisonment not exceeding six months, or both.

C. Violation of Local Building and Safety Codes. Violations of the building and safety codes
set forth in the city of Angels Municipal Code are punishable by the following unless
specifically established otherwise in the code:

1. A fine not exceeding one hundred thirty dollars for a first violation.

2. A fine not exceeding seven hundred dollars for a second violation of the same code
provision within a twelve-month period.

3. A fine not exceeding one thousand three hundred dollars for each additional violation
of the same code provision within a twelve-month period.

4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same code provision within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. 5. The city council shall establish a process for granting a hardship waiver by resolution to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. D. Violation of Fire Codes. Violations of Chapter 8.52 are subject to a fine not to exceed five hundred dollars and other fire codes are in accordance with the preceding subsections. E. Administrative Citation Fines. Administrative citation penalty fines shall be as established in Section 1.18.040. F. Other Penalties, Fees, Fines, Charges. This section does not preclude the additional collection of attorneys’ fees, administrative costs, interest, late payment charges, costs of compliance reinspections, collection costs in addition to the fines noted and other costs as described in Sections 1.18.040 through 1.18.070. (Ord. 514 § 1 (Att. A), 2021; Ord. 546 (Att. A), 2025)

A violation may be prosecuted by the city attorney or the district attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. (Ord. 514 § 1 (Att. A), 2021)

A. Any police officer may, in addition to the other enforcement powers permitted by law, issue citations pursuant to Penal Code Sections 836.5, 853.5 and 853.6 for violations of the city code.

B. If a person is arrested for any violation of this code and is not immediately taken before a
magistrate, the citation procedures in Penal Code Section853.6 shall apply.

C. It shall be unlawful, and a misdemeanor, for a person who is criminally cited for an
infraction or a misdemeanor under this code to refuse to sign a written promise to appear.
(Ord. 514 § 1 (Att. A), 2021)

If the owner, or tenant, fails to correct the violation(s) within the time specified in the notice and order to abate, the city administrator, or his/her designee, may request the city attorney to prosecute the matter as a misdemeanor criminal offence. (Ord. 514 § 1 (Att. A), 2021)

If the owner, or tenant, fails to correct the violation(s) within the time specified in the notice and order to abate, the city administrator may request the city attorney apply to such court, or courts, as may have jurisdiction to grant such relief as will abate the public nuisance, or restrain and enjoin any person from creating or maintaining a nuisance. (Ord. 514 § 1 (Att. A), 2021)

Failure to comply with any condition(s) that may be attached to the granting of any permit or entitlement pursuant to the provisions of the Angels Municipal Code shall constitute grounds for the revocation of said permit or entitlement. Any permit or entitlement issued by city staff, the planning commission, or city council shall be revoked following the same process (e.g., decision letter, public notice, public hearing, resolution, ordinance) in which the permit was issued unless immediate revocation is necessary due to an imminent threat to health and safety. Revocation does not preclude pursuing additional remedies or penalties as provided herein. All remedies provided for herein shall be cumulative and not exclusive. (Ord. 514 § 1 (Att. A), 2021)

Nothing in this chapter shall be so interpreted as to prevent prosecution under any other civil, penal, building, fire or related codes or other sections in other titles of this code. The city reserves the right to employ any one or any combination of any codes for prosecution. (Ord. 514 § 1 (Att. A), 2021)

The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance or other violation shall be entitled to recovery of attorneys’ fees incurred in any such proceeding. An award of attorneys’ fees to a prevailing party shall not exceed reasonable attorneys’ fees incurred by the city. (Ord. 514 § 1 (Att. A), 2021)

If any section, subsection, sentence, clause, phrase or other part of this chapter is for any reason held to be unconstitutional or otherwise invalid such decision shall not affect the validity of the remaining portions of this chapter. The city of Angels city council declares that it would have enacted this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other parts be declared unconstitutional or otherwise invalid. (Ord. 514 § 1 (Att. A), 2021)