Contra Costa County Municipal Code Ch. 14-8 Criminal Enforcement

Except as otherwise provided (and regardless of the availability of other civil or administrative remedies and procedures for enforcing this code), every act or condition prohibited or declared unlawful by this code, and every failure or omission to act as required herein, is a violation of this code and is an infraction.

(Ords. 76-51 § 1, 70-36, 1457: prior code § 2100 (part): see Govt. C. § 25132(a)).

(a) Infractions. Except as otherwise provided by statute or this code, every infraction violation of this code is punishable by a fine.

(1) Fine amounts for infraction violations of this code are as follows, except as otherwise provided in subsections (a)(2), (a)(3), and (a)(4) of this section:

(A) $100.00 for a first violation.

(B) $200.00 for a second violation of the same ordinance within one year of the first violation.

(C) $500.00 for each additional violation of the same ordinance within one year of the first violation.

(2) Fine amounts for infraction violations of building and safety codes are as follows:

(A) $130.00 for a first violation.

(B) $700.00 for a second violation of the same ordinance within one year of the first violation.

(C) $1,300.00 for each additional violation of the same ordinance within one year of the first violation.

(D) $2,500.00 for each additional violation of the same ordinance 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.

(3) Fine amounts for infraction violations of event permit requirements are as follows:

(A) $150.00 for a first violation of an event permit requirement.

(B) $700.00 for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(C) $2,500.00 for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

"Violation of an event permit requirement" has the same meaning as set forth in subdivision (e) of Government Code section 25132.

(4) Fine amounts for infraction violations of the County's Short-term Rental Ordinance (Chapter 88-32), are as follows:

(A) $100.00 for a first violation for failure to register or pay a business license fee.

(B) $1,500.00 for a first violation of Chapter 88-32, except as otherwise provided in subsection (a)(4)(A) of this section.

(C) $3,000.00 for a second violation of Chapter 88-32 within one year of the first violation.

(D) $5,000.00 for each additional violation of Chapter 88-32 within one year of the first violation.

(5) If a fine is levied pursuant to subsection (a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), (a)(2)(D), or (a)(4) of this section, a responsible party may file a request for a hardship waiver. The responsible party must show 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 party. The request for a hardship waiver must be accompanied by an affidavit and support documents or materials demonstrating that payment of the full amount of the fine would impose an undue financial burden on the party.

(b) Misdemeanors. Except as otherwise provided by state law or this code, every misdemeanor violation of this code is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than $1,000.00, or by both.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2022-16, § II, 4-26-22; Ords. 2007-18 § 11, 84-18, 76-51 § 1, 70-36, 1457: prior code § 1200 (part): see Govt. C. § 25132 (b), Vehicle Code § 42001(a), and Penal Code § 19).

Acts, omissions or conditions in violation of this code which continue, exist or occur on more than one day constitute separate violations and offenses on each such day.

(Ord. 70-36, prior code § 1200 (part)).

(a) The following officers, or their designated subordinates, shall have and are hereby vested with the authority to arrest any person who violates the following provisions of this Code and other codes as indicated, punishable as infractions:

(1) Director of health services: Division 413, Division 445, Chapters 414-4, 414-6, 416-14, 418-2, 418-3, 418-6, 418-12, 418-16, 420-2, 420-6, 450-6, 450-8, and Labor Code Section 6404.5;

(2) Director of building inspection: Title 7;

(3) Director of community development: Title 8;

(4) Director of public works: Divisions 1002, 1010, 1014, 1106 and 1110;

(5) Sheriff: Division 54, Chapter 54-2, Divisions 410 and 1110, and Chapter 418-3.

(b) The above-listed officers, or their designated subordinates, may issue citations for infraction violations of the above-listed code provisions.

(c) The county administrator may by written order issue regulations to provide for administration, procedures, and policy direction for this section.

(Ord. No. 2024-22, § III, 12-3-24; Ord. No. 2024-14, § V, 9-10-24; Ord. No. 2021-19, § III, 6-8-21; Ord. No. 2016-24, § V, 12-20-16; Ord. No. 2012-05, § III, 2-28-12; Ords. 2006-66 § 8, 2004-30 § 2, 2003-01 § 5, 2002-48 § 2, 2001-03 § 1, 98-31 § 1, 98-22 § 2, 96-21 § 2, 95-36 § 1, 90-122 § 2, 86-80 § 2; Penal Code §§ 19.7, 836.5, and 853.6; Labor Code § 6404.5).