Farmersville Municipal Code Ch. 1.12 General Penalty

Footnotes:

--- (1) ---

Prior ordinance history: Ord. 321, 302, 281.

The city council of the city of Farmersville 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 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 of 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 non-safety employees designated by Farmersville Municipal Code Section 1.12.020. Except as provided for within Section 113.020, any person convicted of an infraction under the provisions of this code shall 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 ordinance within one year;

3. A fine not exceeding five hundred dollars 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, except for those mandatory requirements set forth within Section 08.08.010, may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by Farmersville Municipal Code Section 1.12.020. Any person convicted of a misdemeanor under the provisions of this code shall be punished by imprisonment not exceeding six months or a fine as provided in Section 1.12.010(A), 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 Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provision of this chapter.

(Ord. 395 § 1 (part), 2002)

A. Inspection/Right of Entry. The code enforcement officer may, in the performance of his/her duties, enter upon any property pursuant to law to ascertain if any of the provisions of this title or any state laws relating to the violation of the municipal code. For purposes of this subsection, "pursuant to law" includes: (1) eminent danger to human life, (2) probable cause, (3) permission from an adult to enter into a private building, residence or screened backyard. (4) court order and/or warrant, or (5) any other means which the laws of the state of California may hereinafter be amended to provide.

B. Citation Authority. Each code enforcement officer may issue citations for the violation of the provisions of this title, any state law or county ordinance in the manner prescribed by the city. The authority to issue citations in the manner prescribed by the city shalt be alternate to any other authority provided by law. Any code enforcement officer of the city shalt be limited in his/her police powers in the enforcement of this title to the issuance of citations and matters directly related thereto, and no such person shall interfere with, hinder, molest or abuse any code enforcement officer of the city in the exercise of such authority.

C. Identification. The code enforcement officers shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(Ord. 395 §1(part), 2002)