Burbank Municipal Code Art. 14 Enforcement of Code (CA)

2-1-1401: DEFINITION:

ENFORCEMENT: Shall mean the making of investigations as may be required, demanding and signing criminal complaints, appearing as a witness in any prosecution when so required, and generally doing all things necessary and proper to enforce and obtain compliance with this code. [Formerly numbered Section 2-148; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1402: PRIMARY RESPONSIBILITY FOR ENFORCEMENT:

Whenever the enforcement of any provision of this code or City Charter is imposed upon or delegated to a specific officer or employee of the City, such officer or employee shall be primarily responsible for the enforcement thereof. In the absence of any specific imposition or delegation of enforcement responsibility, the City Manager shall be primarily responsible for enforcing the provisions of this code and Charter. Nothing in this section, or any other provision of this article, shall be construed as precluding any officer, employee or citizen of the City from enforcing the provisions of this code or City Charter in any manner required or permitted by law. [Formerly numbered Section 2-149; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1403: ENFORCEMENT OF PERMIT REGULATIONS:

A. When the permit is granted by the Council, the City Manager shall be the responsible officer;

B. When the permit is granted by a department, the head of such department shall be the responsible officer or employee;

C. When the permit is granted by the following board, commission and committee, the responsible officer or employee shall be as indicated:

City Planning Commission - Superintendent of the Building Department.
Traffic Commission - City Manager.
Police Commission - Chief of Police. [Formerly numbered Section 2-150; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3,893, eff. 12/16/22; 3755, 2193.]

2-1-1404: RESPONSIBILITY OF CITY MANAGER IN CASE ENFORCEMENT NEGLECTED:

Whenever an officer or employee primarily responsible for enforcing any provision of this code or City Charter fails, neglects or refuses to perform such duty and such failure, neglect, or refusal is brought to the attention of the City Manager, the City Manager shall enforce such provision of law and cause such penal and disciplinary action to be brought against the officer or employee as may be warranted under the circumstances. [Formerly numbered Section 2-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1405: REPORTS ON NECESSARY LEGISLATION:

Every officer and employee charged with the primary responsibility of enforcing any provision of this code shall report and recommend to the City Manager concerning any new legislation required in their field of responsibility when needed to preserve the public peace, safety, health and welfare, and they shall transmit an information copy of all such reports and recommendations to the City Attorney. The City Manager shall communicate all recommendations which meet with their approval to the Council. [Formerly numbered Section 2-152; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1406: CITY JAIL:

The portion of the City Hall Annex located at 272 East Olive Avenue, in the City, designated as quarters and accommodations for prisoners, is hereby established as the City Jail and declared hereby to have been the City Jail since May 15, 1961. [Formerly numbered Section 2-153; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1407: PRISONERS:

A. Performing Labor On Public Works: Persons confined in the City Jail under a final judgment of imprisonment for violation of or failure to comply with any provision of this code or any ordinance may be required by the Chief of Police to perform labor on the streets or other public property or works within the City. The phrase, “streets or other public property or works within the City”, as used in this section shall include among other things, clerical and menial labor in the City Jail, or in any camp maintained for the labor of such persons, on the streets or other public property, or works within the City.

B. Escape: Any prisoner performing labor as above directed who shall escape while so laboring or while going to or returning from such labor, shall be guilty of a misdemeanor. [Formerly numbered Section 2-154; renumbered by Ord. No. 3058, eff. 2/21/87.]

2-1-1408: ENFORCEMENT OF VARIOUS CODE PROVISIONS:

The following provisions of this code, unless otherwise provided therein, shall be enforced by the officer or employee of the City designated opposite each such provision, except that compliance with the license requirements shall remain the primary responsibility of the Community Development Director as provided in Section 3-6-104 of this code and compliance with the permit requirements shall remain the primary responsibility of the officers and employees designated in Section 2-1-1403 of this article:

A. Title 2, Chapter 1 [Administration]

Sections 2-1-1101 through 2-1-1106 Chief of Police;

B. Title 3, Chapter 1 [Advertising] Chief of Police, except as follows:

Section 3-8 - Community Development Director;

Section 3-48 - Fire Chief;

C. Title 3, Chapter 2 [Alcoholic Beverages] Chief of Police;

D. Title 3, Chapter 3 [Amusements] Chief of Police;

E. Title 5, Chapter 1 [Animals] Animal Shelter Superintendent, except as follows:

Sections 5-1-101 through 5-1-208 - Health Officer;

Section 5-1-211 - Health Officer;

Section 5-1-212 - Health Officer;

F. Title 9, Chapter 1 [Building] Assistant Public Works Director/Building Official;

G. Title 3, Chapter 4 [Business] Chief of Police, except as follows:

Section 3-4-102 - Community Development Director;

Section 3-4-110 - Public Works Director;

Section 3-4-1209 - Community Development Director;

Sections 3-4-1801 through 3-4-1826 - Community Development Director;

H. Title 5, Chapter 2 [Disasters] City Manager, except as follows:

Sections 5-2-201 through 5-2-205 - Employee Relations Administrator;

Sections 5-1-301 through 5-2-302 - Chief of Police;

I. Title 8, Chapter 2 [Electricity] General Manager of Public Service Department;

J. Title 7, Chapter 1 [Excavations] Public Works Director, except as follows:

Section 7-1-106 - Community Development Director;

Section 7-1-107 - Community Development Director;

Section 7-1-301 - Community Development Director;

K. Title 9, Chapter 2 [Fire Prevention] Fire Chief;

L. Title 3, Chapter 5 [Food and Food Establishments] Health Officer;

M. Title 4, Chapter 1 [Health] Health Officer, except as follows:

Sections 17-19 through 17-22 - Assistant Public Works Director/Building Official;

N. Chapter 18 [Housing] Assistant Public Works Director/Building Official, except as follows:

Sections 18-63 through 18-77 - Health Officer;

O. Title 3, Chapter 6 [Licenses] Community Development Director;

P. Title 5, Chapter 3 [Morals and Conduct] Chief of Police, except as follows;

Section 5-3-201 - Public Works Director;

Section 5-3-203 - Assistant Public Works Director/Building Official;

Section 5-3-207A4 - Parks and Recreation Director;

Section 5-3-208 - General Manager of Public Service Department;

Q. Title 9, Chapter 3 [Noise Control] and 22 [Plumbing] Assistant Public Works Director/Building Official, except as follows:

Sections 21-10 and 21-13 through 21-21 - Chief of Police;

R. Title 7, Chapter 2 [Public Transportation] Chief of Police;

S. Title 4, Chapter 2 [Refuse] Health Officer, except as follows:

Section 4-2-108 through 4-2-111 - Public Works Director;

Section 4-2-119 - Fire Chief as to fire regulations;

Sections 4-2-201 through 4-2-206 - Public Works Director;

Sections 4-2-301 through 4-2-309 - Public Works Director;

T. Title 8, Chapter 1 [Sewers] Public Works Director;

U. Title 7, Chapter 3 [Streets] Public Works Director, except as follows:

Sections 7-3-434 through 7-3-438 - City Treasurer;

V. Title 11 [Subdivisions] Community Development Director, except as follows:

Sections 11-1-401 - Public Works Director;

W. Title 7, Chapter 4 [Trees and Vegetation] Parks and Recreation Director;

X. Title 6 [Vehicles and Traffic] Chief of Police, except as follows:

Sections 8-2-1903 through 8-2-1911 - Community Development Director;

Y. Title 8, Chapter 2 [Water] General Manager of Public Service Department; and

Z. Title 10 [Zoning] Community Development Director.

[Formerly numbered Section 2-155, renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 25-4,028, eff. 7/25/25; 3828; 3028, 2338, 2336, 2330, 2282, 2193.]

2-1-1409: JUDICIAL REVIEW:

The provisions of Section 1094.6 of the California Code of Civil Procedure shall be applicable to all decisions of the Council, or any board, commission, panel or officers of this City, which is subject to judicial review pursuant to Section 1094.5 of the California Code of Civil Procedure. This section shall not apply to any determination regarding disability retirement of safety employees made pursuant to the provisions of Title 2, Chapter 1, Article 17 of this code. [Amended by Ord. No. 3128, eff. 10/29/88; formerly numbered Section 2-156; renumbered by Ord. No. 3058; 3048.]