El Cerrito Municipal Code Ch. 1.08 General Penalty

It is unlawful for any person to violate any provision or to fail to comply with any requirement of this code. (Ord 89-4 (part), 1989: Ord. 83-6 § 1, 1983: prior code § 1400.)

A. Except as set forth in Section 1.08.030 or unless otherwise specified, the violation of any ordinance of the city shall be deemed a misdemeanor. Except where a different punishment is prescribed by ordinance, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

B. Unless otherwise specified, upon the second or subsequent conviction for violation of the same section of any city ordinance designated punishable as an infraction committed within a period of one year, such violation may be charged as a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

C. Each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted shall be deemed a separate offense, and may be punished accordingly.

(Ord. 89-4 (part), 1989: Ord. 83-6 § 2, 1983: prior code § 1401.)

A. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including but not limited to powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

B. Infractions. Any violation of the code sections designated in this chapter shall constitute an infraction, and the city may prosecute violations thereof as infractions in addition to pursuing any other remedies provided in the municipal code.

C. Infraction Penalty Schedule. An infraction may be punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within any twelve consecutive month period;

3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within any twelve consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any twelve consecutive-month period may be charged as a misdemeanor pursuant to the provisions of Section 1.08.020 of this code.

D. Schedule Designated. The schedule for designated violations of the municipal code as infractions is hereby fixed as follows:

(Ord. 90-5 Div. 1, 1990; Ord. 89-4 (part), 1989: Ord. 88-13 Div. 1, 1988; Ord. 88-12 Div. 1, 1988; Ord. 83-6 § 3, 1983: prior code § 1402.)

The police department and all of its officers are specifically charged with using arrest authority to enforce this municipal code. Other city officers named below are also authorized to use arrest authority:

A. 1.

Designated. The city manager, the finance director, the city clerk, the director of community services, the director of community and economic development, the city engineer, the fire chief, the fire battalion chiefs, the planning director, the building official, the police chief, the police captain and other city employees as the city manager may direct in writing shall have the authority as a public officer to arrest without a warrant another person when such officer has reasonable cause to believe that the person to be arrested has, in the officer's presence, violated any provision of this code, violation of which is a public offense.

2. Procedure. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or infraction, the arresting officer, instead of taking the person before the magistrate, will follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the California Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of this chapter shall apply thereafter with reference to any proceeding based upon the issuance of a citation pursuant to this authority.

(Ord. 90-5 Div. 2, 1990; Ord. 89-4 (part), 1989: Ord. 83-6 § 3, 1983: prior code § 1402.)

A. No officer or employee shall be allowed to exercise the arrest and citation authority conferred in this chapter, unless such officer or employee is within a classification of city officers and employees designated in Section 1.08.040 to exercise such arrest and citation authority as to specified misdemeanor and infraction violations.

The city manager or the manager's designee shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions or prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the city attorney's office for filing with the court, after review for legal sufficiency. (Ord 90-5 Div. 3, 1990.)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code, shall be deemed a public nuisance per se and may be summarily abated as such by this city or by any person affected thereby; and each day that such condition continues shall be regarded as a new and separate nuisance.

(Ord. 89-4 (part), 1989: prior code § 1404.)

A. Any person who violates or fails to comply with any provision of this code or ordinance of the city is liable for a civil penalty not to exceed one thousand dollars for each day, or part thereof, such failure or failure to comply occurs;

B. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties.

(Ord. 90-5 Div. 4, 1990.)

A. In accordance with Government Code Section 54988, as amended, the city may collect any fee, cost or charge incurred by the city in:

1. The abatement of public nuisances;

2. The correction of any violation of any law or regulation which would render a dwelling untenable pursuant to Civil Code Section 1941.1;

3. The enforcement of city zoning ordinances;

4. The inspection and abatement of violations of Section 13100 of the Health and Safety Code relating to fire protection and city ordinances and regulations concerning fire protection;

5. The inspection and abatement of violations of the state Housing Law and city ordinances and regulations implementing the state Housing Law;

6. The inspection and abatement of violations of the state Building Standards Code and city ordinances and regulations implementing the state Building Standards Code; and

7. The inspection and abatement of violations of city ordinances and regulations concerning building code standards and requirements.

B. For purposes of this section, fees, costs and charges shall include, but not be limited to, city staff costs, attorney costs, consultant and expert witness costs, permit fees, fines, late charges and interest.

C. These fees, costs and charges may be imposed as part of any administrative proceeding upon a finding by the city council, or any hearing board designated by the city council, that the property at issue constitutes a public nuisance or is in violation of any of the laws, ordinance or regulations cited in subsection A of this section. The amount of any fee, cost or charge imposed on the owner of the property at issue shall not exceed the actual cost incurred by the city in connection with the proceeding. In the event the city initiates a court proceeding in order to abate a public nuisance or the violation of any of the laws, ordinances or regulations cited in subsection A of this section, the fees, cost and charges incurred by the city may be recovered by the city as part of the court judgment if the city prevails in such proceeding.

D. This section shall not apply to owner-occupied residential dwelling units nor shall it apply to any enforcement, abatement, correction or inspection activity regarding a violation in which the violation was evident on the plans for which a building permit was issued.

E. The fees, costs and charges may become a lien against the property as long as the city first provides the property owner written notice in plain language of the proposed lien, description of the basis for the amounts comprising the lien, a minimum of forty-five days after notice to pay the fees, costs, and charges, and an opportunity to appear before the city council and be heard regarding the amount of the proposed lien. The notice shall contain the date, time and location of the city council hearing. This notice shall be mailed by certified mail to the last known address of the owner of the property. At the hearing, the city council may confirm the lien upon written factual findings based on the evidence introduced at the hearing.

F. The lien, in the amount confirmed by the city council, may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured rolls for collection.

G. The city council may, in the alternative, cause notice of the lien to be recorded within Contra Costa County Recorder. The lien shall attach upon recordation and shall have the same force, priority and effect as a judgment lien. The notice shall identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

(Ord. 2000-5, Div. 1, 2001.)