Costa Mesa Municipal Code § 1-33 Violations, penalties and enforcement

The city council of the City of Costa Mesa intends to secure compliance with the provisions of this Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense.

Notwithstanding any other provision in this Code, each violation of the provisions of this Code may be enforced alternatively as follows:

(a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or designated nonsafety employees, who shall be designated by separate resolution pursuant to the provisions of California Penal Code section 836.5. Any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or where no fine is specified therein by:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of the same ordinance within one year;

(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

(b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by designated nonsafety employees, who shall be designated by separate resolution pursuant to the provisions of California Penal Code section 836.5. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(c) Civil action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law.

(d) Administrative hearing. Upon a finding by the city official invested with the authority to enforce the various provisions of this Code that a violation exists, he may notify the owner(s), occupant(s) or person(s) deemed responsible for said violation(s) that a public hearing shall be held before the city council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e. abatement or other action required. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than 10 days prior to the scheduled date of the hearing. Said hearing shall be conducted in accordance with the city council's rules for the conduct of an administrative hearing. The decision of said hearing shall be enforceable as provided by law.

(e) Civil fines. Civil fines may be imposed pursuant to Chapter II of this title.

(f) Any fee, fine, license fee, tax, or other amount due to the city pursuant to this Code remaining unpaid on the day after the stated due date shall be subject to a late penalty and interest in the amounts established by city council resolution. Such penalty and interest shall not apply to amounts due to the city for which this Code expressly designates a specific penalty and/or interest amount.

(g) The city may submit a delinquent civil debt to a collection agency that is under contract with the city for such collection service.

(h) Any responsible person who has a delinquent civil debt shall be liable for all costs incurred to obtain payment of the delinquent civil debt, including, but not limited to, administrative costs, collection fees and costs, and attorneys' fees. Collection fees and costs shall be in addition to any penalties, interest, and late charges imposed on the delinquent civil debt and may be imposed directly by the collection agency under contract with the city for collection services.

(Code 1960, § 1115; Ord. No. 79-3, § 2, 4-2-79; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 97-27, § 2, 9-2-97; Ord. No. 19-16, § 4, 9-17-19)

Pursuant to provisions of California Government Code section 36900 and California Penal Code section 836.5 certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code and any city ordinance (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of said nonsafety employees shall be made by a duly adopted separate resolution for the city council. The peace officer employees of the city are hereby authorized to issue infraction citations for violations of this Code and any city ordinance as an alternative to their existing authority to issue and arrest for misdemeanors.

(Ord. No. 79-3, § 2, 4-2-79; Ord. No. 21-02, § 1, 1-19-21)