Clayton Municipal Code Ch. 1.14 Enforcement

The purpose of this chapter is to promote substantial compliance with the requirements of this Code and to secure correction of the applicable and most significant violations of this Code in a fair and timely manner.

(Ord. 319, 1995)

A. All officers designated in Chapter 1.22 who have successfully completed training under California Penal Code § 832 are vested with general law enforcement duties and are peace officers under Penal Code §§ 830.6(a)(2) and 832.6.(a)(1).

B. All officers designated in Chapter 1.22 have the authority to enforce all provisions of this Code. Under California Penal Code § 836.5, each officer and designated employee of the City is authorized to arrest a person for the violation of any code provision for which it is their duty to enforce.

(Ord. 319, 1995)

Upon citizen complaint, personal knowledge or any other means, any responsible City personnel or designated enforcement officer shall investigate and verify that a violation of this Code has occurred. Such investigation shall be conducted in accordance with Chapter 1.12 of this Code.

(Ord. 319, 1995)

If a violation of the code is verified in accordance with Section 1.14.030, the responsible City personnel or a designated enforcement officer may at his or her discretion notify the owner and occupant of the property on which the violation has occurred in writing, by regular mail, of the nature of the violation and the specific code sections violated and provide the owner and occupant between ten (10) to twenty (20) days to correct the violation depending upon the nature and/or severity of the violation. Such courtesy notice shall state that a citation will be issued unless the violation is discontinued. In mailing the courtesy notice, the City shall rely on the most recent ownership and address information available from the County Assessor.

Following the expiration of the courtesy notice period, the property shall be reinspected by the responsible City personnel or a designated enforcement officer. Any on-site reinspection shall be conducted in accordance with Chapter 1.12 of this Code. If the violation has been corrected, no further action shall be taken.

(Ord. 451, 2013)

If following verification of a violation in accordance with Section 1.14.030 or if following reinspection in accordance with Section 1.14.040 the violation has not in the opinion of the responsible City personnel or a designated enforcement officer been substantially corrected, the responsible City personnel or designated enforcement officer shall notify the owner and occupant of the property on which the violation has occurred in writing, by regular mail and by certified mail return receipt requested, of the nature of the violation and the specific code sections violated and shall provide twenty (20) day to correct the violation. Such notice shall state that a citation will be issued unless the violation is discontinued. In mailing the notice, the City shall rely on the most recent ownership and address information available from the County Assessor.

Following the expiration of the twenty (20) days official notice period, the property shall be reinspected by responsible City personnel or a designated enforcement officer. Any on-site reinspection shall be conducted in accordance with Chapter 1.12 of this Code. If the violation has been corrected, no further action shall be taken.

(Ord. 319, 1995)

If in the opinion of the code enforcement officer a situation exists involving violation of a Municipal Code provision such that the giving of the normal minimum twenty (20) day notice of violation would render enforcement of the provision a meaningless act; or public health, safety, and welfare concerns justify prompt action to bring about compliance with the applicable provision, then in such event a minimum of seventy-two (72) hours notice need only be given requiring compliance before a citation may be issued or other Code enforcement proceedings be instituted for noncompliance. The notice of violation shall be hand-delivered to the party in violation or, if party in violation is not available, posted on the property where violation has occurred. Within the seventy-two (72) hour notice period, the party receiving notice of violation may request an informal hearing before the City Manager or his designee, in which case no action shall be taken by the City regarding the violation until the informal hearing is concluded "When a violation of Sections 15.08.040.G,H,N,Q,R,S,T and/or Sections 15.08.050.B,C,D,F,H,I,K,N,O, and/or P of the Sign Provisions occurs, the code enforcement officer may give a minimum of a twenty-four (24) hour notice if the notice of violation is hand-delivered to the party in violation, posted on the property, or posted on the sign in violation. If any signs are in violation of one or more of the sections listed above, the notice of violation shall apply to all signs in violation located on the property."

(Ord. 335, 1998; Ord. 375, 2004)

Anytime prior to the expiration of the twenty (20) day official notice period provided in Section 1.14.050, an owner or occupant receiving a notice of violation may appeal the notice to the City Manager. The City Manager shall have the power to either affirm or dismiss the notice. The City Manager's decision shall be final, unless otherwise provided by ordinance of the City of Clayton. No citation for a violation shall be issued pending review and decision by the City Manager on a notice of violation that has been appealed.

(Ord. 319, 1995)

If the violation has not in the opinion of the responsible City personnel or designated enforcement officer been substantially corrected, a designated enforcement officer shall promptly issue a citation. When issuing a citation or making an arrest for a violation of this Code, the designated enforcement officer shall follow the procedures set forth in California Penal Code §§ 853.5 through 853.8.

(Ord. 319, 1995)

In addition to the powers authorized by law, the officers designated in Chapter 1.22 shall have the right to take photographs, video recordings, or make sketches as they deem necessary to verify the existence of a violation. No person shall interfere with, refuse, or obstruct such action(s).

(Ord. 319, 1995)

Any person who willfully obstructs or interferes with the performance or duties of a City employee having enforcement authority under this chapter shall be guilty of a misdemeanor.

(Ord. 319, 1995)