Brisbane Municipal Code Ch. 1.14 Code Enforcement

In the absence of a specific delegation, assignment, or restriction of enforcement authority to a particular officer, employee, or agent of the city, the city manager, city attorney, chief of police, director of administrative services, director of public works/city engineer, director of community development, fire chief, harbor master, director of parks and recreation, animal control officer, building official, and any code enforcement or community service officer, and their respective authorized representatives, shall have the authority to enforce the provisions of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition of an approval, permit or license granted pursuant to this code.

(Ord. No. 547, § 4, 10-4-10; Ord. No. 555, § 1, 1-18-11)

A. General Violation. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition of an approval, permit or license granted pursuant to this code. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction, if so specified.

B. Separate Offense. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly.

C. Reduction of Misdemeanor to Infraction. Notwithstanding any other provision of this code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. A violation shall be deemed an infraction if a citation is issued specifying that the violation is an infraction, or the city attorney files a complaint in the superior court specifying that the offense is an infraction, or the city attorney makes a motion to reduce a misdemeanor charge to an infraction prior to trial on the matter.

D. Enhancement of Infraction to Misdemeanor. Notwithstanding any other provision of this code, any offense which would otherwise be an infraction may, in the discretion of the enforcing authority, be charged and prosecuted as a misdemeanor if the defendant has been convicted of three (3) or more violations of this code within twelve (12) consecutive months immediately preceding the commission of the offense, or four (4) or more violations of this code within twenty-four (24) consecutive months immediately preceding the commission of the offense. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction for the offense charged.

E. Public Nuisance. In addition to the penalties provided by this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or in violation of any condition of an approval, permit or license granted pursuant to this code, shall be deemed a public nuisance and may be abated by the city pursuant to Chapter 8.36 of this code or otherwise as permitted by state law. Each day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 547, § 4, 10-4-10)

A. Misdemeanor Offenses. Whenever a violation of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition of an approval, permit or license granted pursuant to this code, is declared to be unlawful and a misdemeanor, where no specific penalty is provided therefore, such violation shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

B. Infraction Offenses—General Violations. Whenever a violation of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition of an approval, permit or license granted pursuant to this code, is declared to be unlawful and an infraction, where no specific penalty is provided therefore, such violation shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first conviction;

2. A fine not exceeding two hundred dollars ($200.00) for a second conviction of the same provision or ordinance within twelve (12) consecutive months;

3. A fine not exceeding five hundred dollars ($500.00) for each additional conviction of the same provision or ordinance within twelve (12) consecutive months.

C. Infraction Offenses—Building and Safety Regulations. Any person convicted of an infraction offense for violation of any provision contained in Chapter 15.01 (grading), Chapter 15.04 (uniform codes), Chapter 15.08 (unsafe buildings), Chapter 15.44 (fire code), Chapter 15.48 (moving of buildings), Chapter 15.52 (well construction) or Chapter 15.75 (recycling of materials) shall be punished by:

1. A fine not exceeding one hundred thirty dollars ($130.00) for a first conviction;

2. A fine not exceeding seven hundred dollars ($700.00) for a second conviction for violating the same provision or ordinance within one year of the first conviction;

3. A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional conviction for violating the same provision or ordinance within one year of the first conviction; and

4. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional conviction for violating the same provision or ordinance within two (2) years of the first conviction if the property is a commercial property that has an existing building at the time of the violation and the violation is due to the failure by the owner to remove visible refuse or failure to prohibit the unauthorized use of the property.

D. If a fine has been levied pursuant to subsections 2, 3 or 4, the city manager shall have the authority to grant a hardship waiver 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 conviction and that payment of the full amount of the fine would impose a undue financial burden on the responsible party.

E. Changes to Government Code. If the maximum fines for infraction offenses allowed to be charged by California Government Code Section 36900(b) should increase or decrease, then the revised amounts allowed or permitted by law shall automatically be applied to this section, as of the effective date of the change in state law.

(Ord. No. 547, § 4, 10-4-10; Ord. No. 636, § 1, 2-7-19)

Whenever in this code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Ord. No. 547, § 4, 10-4-10)

Every officer and employee of the city having any duty to enforce any of the provisions of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this Code, is hereby authorized, pursuant to Section 836.5 of the Penal Code, to arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the presence of such officer or employee which is a violation of a provision of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, which such officer or employee has the duty to enforce.

(Ord. No. 547, § 4, 10-4-10)

If any person is arrested for a violation of any provision of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, and such person is not immediately taken before a magistrate as prescribed by the Penal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court, containing the name and address of such person arrested, and the offense charged. If the violation is designated as a misdemeanor, the notice shall also specify the time and place where the arrested person shall appear in court, which shall be a date at least ten (10) days after the date of arrest. After issuance of the written notice to appear, the arresting officer shall comply with, and the release or nonrelease of the person arrested shall be governed by, the provisions of Sections 853.5 through 853.8 of the Penal Code, and such provisions are incorporated herein by reference.

(Ord. No. 547, § 4, 10-4-10)

Any person willfully violating his written promise to appear in court issued pursuant to the preceding section, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 547, § 4, 10-4-10)

Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.

(Ord. No. 547, § 4, 10-4-10)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the county jail.

(Ord. No. 547, § 4, 10-4-10)

Upon any guilty plea or judgment of conviction in any criminal proceeding brought for the violation of any provision of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, wherein the city has or will incur costs and expenses in removing or abating a nuisance caused, committed or maintained by the defendant as a result of such violation for which the defendant is prosecuted, if the defendant is otherwise entitled by law to probation, then the court may require the payment to the city of such costs and expenses as one of the conditions of such probation.

(Ord. No. 547, § 4, 10-4-10)

All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall conform to the provisions of this code and shall issue no permit, certificate, or license which conflicts with the provisions of this code. Any permit, certificate or license issued in conflict with the provisions of this code shall be null and void; provided, however, where only a portion of a permit, certificate or license is in conflict, such portion shall be invalidated and the other portions of the permit, certificate or license shall remain in full force and effect.

(Ord. No. 547, § 4, 10-4-10)

Where an application is submitted for any form of permit, approval, license, or other entitlement relating to real property on which the City has found to exist any violation of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code, and the City has issued a notice or demand to correct such violation or has initiated any enforcement action based upon such violation, the City may refuse to accept and process the new application on the ground that the application will be deemed to be incomplete until such time as the outstanding violation has been corrected, or corrective action has been commenced, to the satisfaction of the enforcement officer.

(Ord. No. 547, § 4, 10-4-10)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition of an approval, permit or license granted pursuant to this code, shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto. The remedy prescribed by this section shall be cumulative and the use of a civil action to collect such amount as a debt shall not bar the use of any other remedy available to the city for the collection thereof.

(Ord. No. 547, § 4, 10-4-10)

A. As used in this section, the term "enforcement officer" means any of the persons listed in Section 1.14.010 of this chapter, and the term "hearing officer" means any person designated by the city manager to conduct a hearing pursuant to this section, who shall not be the enforcement officer or a supervisor of the enforcement officer.

B. Whenever an enforcement officer has knowledge of a violation of any provision of this code, or any other ordinance of the city, or any rule, regulation, or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition or any approval, permit, or license granted pursuant to this code, and such violation is located upon any real property in the city, the enforcement officer may:

1. Issue to the owner of such property a notice of violation informing the owner of the location of the violation, the description of the violation, the code section violated, the corrective or abatement action required, the date by which the violation must be corrected or abated, that if the violation is not corrected or abated within the time frame set forth that the owner will be subject to further code enforcement actions, and the owner's appeal rights; and/or

2. Issue to the owner of such property of the enforcement officer's intent to record a notice of violation in the office of the county recorder. The notice of intent shall describe the nature of the violation and inform the owner that a notice of violation will be recorded unless the owner requests a hearing within twenty (20) days from the date of the notice.

C. Any notice of violation or notice of intent to record a notice of violation shall be mailed to the owner at the address shown on the latest available assessment roll, or as otherwise known to the enforcement officer, and a copy posted to the property.

D. If the owner exercises appeal rights timely under paragraph 1 of subsection B, or if the owner timely requests a hearing under paragraph 2 of subsection B, the city manager, unless the code requires otherwise, shall appoint a hearing officer, who may be a city department head or deputy department head whose department does not have direct regulatory authority over the property in question. The hearing officer may affirm, modify, or reverse the decision of the enforcement officer that there is a violation of the code to be corrected or abated. The decision of the hearing officer shall be final subject only to judicial review as provided by law.

E. If the owner does not exercise timely appeal rights under paragraph 1 of subsection B and the violation remains uncorrected or unabated or, if owner has exercised timely appeal rights and the hearing officer, following the hearing and consideration of the relevant evidence, determines that a violation as cited in the notice of violation exists, the enforcement officer may take further enforcement actions.

F. If the owner does not timely request a hearing under paragraph 2 of subsection B and the violation remains uncorrected or unabated or, if the owner has timely requested a hearing and hearing officer, following the hearing and consideration of the relevant evidence, determines that violation as cited in the notice of intent to record exists, the enforcement officer may record a notice of code violation in the office of the county recorder.

G. If a notice of code violation has been recorded, at the request of the affected property owner or other interested person and upon the enforcement officer's determination that the violation has been corrected or abated, the enforcement officer shall furnish to the owner or other interested party a termination/cancellation of the recorded notice of code violation.

H. The enforcement officer's issuing to the owner a notice of violation or a notice of intent to record a notice of violation pursuant to this section shall be in addition to any other rights, remedies, or actions available to the city by reason of the same violation as described in the notice.

(Ord. No. 547, § 4, 10-4-10; Ord. No. 555, § 2, 1-18-11; Ord. No. 699, § 1, 6-5-25)