Fremont Municipal Code Art. XII Enforcement

Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, shall severally, for each and every violation and noncompliance respectively, be guilty of an infraction or a misdemeanor at the discretion of the enforcement officer and punished pursuant to Sections 1.15.010 through 1.15.060.

The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons so penalized shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 1946 § 6, 11-27-90; Ord. 2004 § 9, 5-12-92. 1990 Code § 3-121200.)

Any person, firm or corporation who intentionally or negligently violates any provision of this chapter, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed $1,000 per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the city attorney. In determining the penalty, the court shall consider all relevant circumstances, including, but not limited to, the following:

(a) The extent of harm or potential harm caused by the violation;

(b) The nature and persistence of the violation;

(c) The length of time over which the violation occurred;

(d) The nature and frequency of past violations;

(e) The permittee’s record of maintenance;

(f) Corrective action, if any, taken by the permittee.

In any civil action, including mandamus or other equitable proceedings, brought pursuant to this chapter in which the city prevails, the court shall award all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting or defending the action and reasonable attorneys’ fees to the city. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121201.)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121202.)

Pursuant to the authority of Cal. Penal Code § 836.5, the enforcement officer is hereby authorized to cite or arrest any person without a warrant whenever there is reasonable cause to believe that the person to be cited or arrested has committed a misdemeanor in her or his presence which is a violation of this chapter. (Ord. 1946 § 6, 11-27-90; Ord. 2004 § 9, 5-12-92. 1990 Code § 3-121203.)

Pursuant to the authority of Cal. Penal Code § 836.5, the enforcement officer is hereby authorized to cite and release without arrest any misdemeanor violator of this chapter in accordance with the procedures of Cal. Penal Code § 853.6. (Ord. 1946 § 6, 11-27-90; Ord. 2004 § 9, 5-12-92. 1990 Code § 3-121204.)

Pursuant to the authority of Cal. Penal Code § 836.5, the enforcement officer is hereby authorized to cite and release without arrest any infraction violator of this chapter in accordance with the procedures of Cal. Penal Code § 853.5. (Ord. 1946 § 6, 11-27-90; Ord. 2004 § 9, 5-12-92. 1990 Code § 3-121205.)

All costs and attorneys’ fees imposed pursuant to this chapter are declared to be costs of nuisance abatement and shall be assessed by the hearing officer against the property where the violation of this chapter occurred. Such costs and attorneys’ fees, if not paid within 30 days after order by the hearing officer, shall constitute a special assessment against the property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien. The lien shall continue until the assessment is paid or until it is discharged of record. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121206.)

From and after the date of recording of the notice of lien, all persons shall be deemed to have notice of the contents thereof. The notice of lien shall be delivered by the city finance director to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property. The amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are hereby made applicable to such special assessment taxes. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121207.)

All costs and attorneys’ fees imposed pursuant to the provisions of this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of such debt. The time for commencement of any such action shall be within three years from the date of the award imposed pursuant to the provisions of this chapter. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121208.)