Belvedere Municipal Code Ch. 1.12 Code Enforcement—remedies and Penalties for Violations

CODE ENFORCEMENT—REMEDIES AND PENALTIES FOR VIOLATIONS

Sections:

• 1.12.010 Declaration of purpose.

• 1.12.015 General Code enforcement authority.

• 1.12.020 Authority to enter and inspect property.

• 1.12.025 Prohibited acts include causing and permitting.

• 1.12.030 Violations—Criminal penalties—Additional remedies.

The City Council finds that the enforcement throughout the City of this Code, including such codes as have been incorporated by reference, as well as any applicable state codes, is an important public service. Code enforcement is vital to the protection of the public’s health, safety and quality of life. The Council recognizes that code enforcement depends upon the codification of precise regulations that can be effectively applied in administrative and judicial proceedings. The Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with code regulations. (Ord. 2013-2 § 4, 2013.)

The City Manager and the other code enforcement officials have the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes. These powers include but are not limited to the power to enter and inspect public and private property, with the permission of the owner, occupant, or agent, or pursuant to an administrative inspection warrant or other judicial relief, and use whatever judicial and administrative remedies are available under this code and applicable state codes, and in the case of code enforcement officials other than peace officers (whose powers are otherwise specified in the Penal Code), the power to arrest and issue criminal citations as provided under Penal Code Section 836.5 with respect to provisions of this Code and applicable state codes it is their discretionary duty to enforce. (Ord. 2019-4 § 2, 2019; Ord. 2013-2 § 4, 2013.)

With the permission of the owner, occupant, or agent, or pursuant to an administrative inspection warrant or other judicial relief a code enforcement official is authorized to enter upon any property or premises, and into any buildings or structures located thereon, to ascertain whether the provisions of this Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of his or her enforcement duties. These may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the code enforcement official may seek judicial relief including an administrative inspection warrant pursuant to the procedures provided in state law, including California Code of Civil Procedure Section 1822.50 et seq., as it may be amended from time to time. Any person who willfully refuses to permit an inspection lawfully authorized is guilty of a misdemeanor pursuant to California Code of Civil Procedure section 1822.57. (Ord. 2019-4 § 3, 2019; Ord. 2013-2 § 4, 2013.)

Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2013-2 § 4, 2013; Ord. 77-8 § 6, 1977.)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. A violation of any of the provisions or failing to comply with any of the requirements of this Code, may be charged and prosecuted as either an infraction or misdemeanor, except where otherwise specifically provided.

B. Except as otherwise specifically provided, any person convicted of an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250), and any person convicted of a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00), or imprisonment in the Marin County Jail for a period of not more than 6 months, or by both such fine and imprisonment.

C. In addition to all other legal remedies, criminal or civil, the administrative remedies provided in Chapter 1.14 of this Code may be pursued by the City to address any violation of this Code. The remedies specified in said Chapter shall be at the sole discretion of the City.

D. 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 or any regulation adopted pursuant to this Code shall be deemed a public nuisance and may be abated as provided in Chapter 8.12 of this Code.

E. Each separate day or any portion thereof on which a violation occurs, or is committed, continued, or permitted, shall be deemed to constitute a separate offense punishable as herein provided. (Ord. 2013-2 §§ 3, 4, 2013; Ord. 99-2 § 1, 1999; Ord. 77-19 § 4, 1977.)