Chapter 17.03 — ENFORCEMENT

Sections:

17.03.010 Enforcement.

17.03.020 Penalties.

17.03.030 Enforcement procedures—Notice to correct.

A. This title shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive, of the Folsom Municipal Code.

B. Unless otherwise set forth in this title, the director of the department of planning, inspections and permitting, or his/her designee, shall enforce the provisions of this title. (Ord. 858 § 3 (part), 1997)

The following penalties shall apply to any violation of a provision of this title, unless a different penalty is otherwise established by the city council and specifically set forth by ordinance:

A. A violation of any provision of this title shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 through 1.10, inclusive, any violation of this title shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.

C. In addition to the criminal penalty set forth in subsection A of this section, based upon the standards for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of any provision of this title shall be deemed a Level E violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(5). (Ord. 858 § 3 (part), 1997)

A. Prior to suspension, revocation or denial of any license or permit, or the assessment of any fee, penalty or charge, or the commencement of any other enforcement action pursuant to this title, the director of the department of planning, inspections and permitting shall follow the procedures set forth in Sections 1.09.020 through 1.09.048, inclusive. The rights to judicial review set forth in Article IV of Chapter 1.09 shall apply.

B. A notice to correct or stop order shall be served in accordance with the provisions of Section 1.09.023.

1. Unless otherwise set forth in this title, if the violation that is the subject of the notice to correct concerns the failure to apply for and/or obtain a valid permit, the time allowed for application for a permit shall be no less than seven calendar days and no more than thirty calendar days. A stop order shall accompany the notice to correct, and shall remain in effect pending the review of and decision on any permit application.

2. Unless otherwise set forth in this title, if the violation that is the subject of the notice to correct concerns: (a) the failure to comply with conditions placed on a permit or other entitlement issued by the city, or (b) a violation of any provision of this title, the time allowed to correct the violation shall be a minimum of twenty-four hours and a maximum of ninety calendar days, depending upon the type of action that will be necessary to correct the violation. If the violation creates a potential risk of harm to persons or property, a stop order may accompany the notice to correct, and shall remain in effect until the violation has been remedied to the satisfaction of the director of the department of planning, inspections and permitting.

C. If the director of the department of planning, inspections and permitting determines that there has been a good faith effort to correct the violation(s) set forth in a notice to correct, the director may extend the deadline for compliance for a reasonable period of time. Any such extension shall be memorialized in writing and a copy shall be sent by first class mail to all responsible persons.

D. A notice of administrative violation may be issued pursuant to the procedures established in Section 1.09.024. (Ord. 858 § 3 (part), 1997)

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