Grand Terrace Municipal Code Ch. 8.04 Nuisance Abatement

Footnotes:

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Prior ordinance history: Ord. 109 § 3(part).

A. In order to further the stated goals of the City and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, the City Council has determined that an ordinance is necessary to effectively abate or prevent the development of such conditions in this community.

B. It is the intention of the City Council, in adopting the ordinance codified in this Chapter, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of the provisions of this Chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy available at law, whereby lands or buildings, structures, and fences which are erected in violation of zoning or other Municipal Code requirements, or are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris or abandoned machinery or equipment, or are a menace to life, limb, health, morals, property, safety and the general welfare of the people of this City or which tend to constitute a fire hazard or a nuisance may be required to be repaired, vacated, demolished, made safe, or cleaned up by removal of the offensive conditions.

D. In addition to the abatement procedures provided in this Chapter, the ordinance codified in this Chapter declares certain conditions to be public nuisances and provides that such conditions are unlawful and that violations are a misdemeanor.

(Ord. 113 (part), 1988)

A. Each of the following conditions is declared to constitute a public nuisance, and whenever the hearing officer or planning commission determines that any of such conditions exist upon any premises they may require or provide for the abatement thereof pursuant to this Chapter and make the costs of abatement a lien upon the property:

1. Any public nuisance known in law or in equity jurisprudence;

2. Buildings which are abandoned, partially destroyed, or unsafe as defined in the adopted Uniform Building Code, or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction two years or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood;

3. Unpainted buildings and those having dry rot, warping or termite infestation. Buildings on which the conditions of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation so as to render the buildings unsightly and in a state of disrepair;

4. Buildings, structures or fences erected and/or maintained in violation of the city's zoning regulations as set forth in Title 18 of this Code;

5. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

6. Building exteriors, walls, fences, driveways, sidewalks, and walkways which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements;

7. The accumulation of dirt, litter, or debris in vestibules, doorways or the adjoining sidewalks of a building;

8. Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete, water, containers, scrap metal or other debris stored on a property such that they are visible from a public street, alley, or adjoining property;

9. Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts, or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris or vegetation which may prove a hazard for inquisitive minors;

10. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property;

11. Construction equipment, supplies, materials, or machinery of any type or description parked or stored in any zone other than the M-R and M-2 districts, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property;

12. Improper maintenance of signs relating to uses no longer conducted or products no longer sold on the property;

13. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;

14. Vehicles parked in required front or sideyard setbacks in a residential zone, except when such vehicles are operative, have current licensing, and are parked on a paved drive approach to a required garage or other permitted driveway and except when such vehicles comply with the recreational vehicle/utility trailer parking provisions of Section 18.60.030(D)(6) of the Zoning Code;

15. Property maintained in relation to others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein;

16. Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard;

17. Dead, decayed, diseased, overgrown or hazardous trees, weeds, and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values;

18. Clotheslines in frontyard areas and in sideyard areas of corner lots;

19. Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or neighboring property;

20. Any property with pooled oil accumulation, oil or other hazardous material flowing onto public rights-of-way, or excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, buildings, walls or fences or on any public street or property;

21. Any landscaped setback areas which lack appropriate turf or plant material so as to cause excessive dust, allow the accumulation of debris, or to cause depreciated values of adjacent or neighborhood properties;

22. Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel;

23. The outside storage of camper shells in any required front or sideyard other than on an operable and licensed pick-up truck parked in a lawful manner;

24. The outside storage of boats, catamarans, dingys, vessels or other watercraft in any required front or sideyard other than on a validly licensed trailer parked in a lawful manner;

25. A swimming pool, pond or other body of water which is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition;

26. When excessive noise, as defined in Sections 8.108.020 and 8.108.050, occurs or is allowed to occur on any property within the City or outside the City.

(Ord. No. 271, § 3, 9-10-2013; Ord. 210 § 1, 2004; Ord. 113 (part), 1988)

It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the conditions set forth in Section 8.04.020 shall exist. The procedures for abatement set forth in this Chapter shall not be exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the city from enforcing either city ordinances or provisions of this Code or from abating public nuisances in any other manner provided by law.

(Ord. 113 (part), 1988)

For purposes of this Chapter, the term "abandoned," in addition to such other definitions that may be provided by law, means and refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:

A. Present operability and functional utility;

B. The date of last effective use;

C. The condition of disrepair or damage;

D. The last time an effort was made to repair or rehabilitate the item;

E. The status of registration or licensing of the item;

F. The age of the item and degree of obsolescence;

G. The cost of rehabilitation or repair versus its market value;

H. The nature of the area and location of the item.

(Ord. 113 (part), 1988)

The terms "owner" and "property owner," as used in this Chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying or having charge or possession of any property in the city.

(Ord. 113 (part), 1988)

Whenever the City Manager determines, based on the recommendation of city staff, that any premises within the city may be maintained in such a manner as to constitute a public nuisance, then the City Manager may direct that a public hearing be conducted to ascertain whether the same constitute a public nuisance. The notice shall describe the premises involved by street address, legal description or assessor's parcel number, shall give a brief description of the conditions constituting the nuisance, and a brief statement of the proposed methods of abatement. The City Manager may also appoint a hearing officer to conduct the nuisance abatement hearing who may be the assistant City Manager, director of planning or any other person deemed appropriate. The notice shall advise the owner what corrections need to be done to avoid a public hearing, may suggest methods for correction, and shall provide a reasonable period to make those corrections.

(Ord. 113 (part), 1988)

A. The city clerk shall cause the notice of the hearing to be served upon the owner of the affected premises by providing a certified copy of the notice of the time, date and place of the hearing and of the appointment of the hearing officer.

B. Such service shall be made by registered or certified mail, addressed to the owner at the owner's last known address as shown upon city records or the last equalized taxroll, whichever appears to be the more reliable address. The city clerk may also cause the property to be conspicuously posted with the notice, and such posting shall constitute adequate service in the event that mailed notice is not delivered for any reason.

C. The notice shall be mailed or posted so as to give at least fourteen days notice of the hearing.

(Ord. 113 (part), 1988)

The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

A hearing will be held at _______ on _______ at City Hall, 22795 Barton Road, Grand Terrace, before the _______, acting as hearing officer, to determine if the premises at _______ constitutes a public nuisance.

The conditions constituting the public nuisance include the following:

_____

_____

A public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing:

_____

_____

If it is determined that the property constitutes a public nuisance, the following abatement action may be taken by the city if the owner has not taken corrective action:

_____

_____

If abatement action is taken by the city, the costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence which will be given due consideration.

(Ord. 113 (part), 1988)

A. At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property. The hearing may be continued from time to time.

B. Upon the conclusion of the hearing, the hearing officer shall determine whether the premises constitutes a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such declaration shall contain a detailed list of needed corrections or abatement methods.

C. A copy of the declaration shall be served upon the owner in the same manner as the notice of hearing.

(Ord. 113 (part), 1988)

A. Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the planning commission by filing an appeal with the city clerk within ten days of being first appraised of those determinations and by paying the appeal fee set by resolution. The appeal shall specify:

1. A description of the property;

2. The abatement proceedings appealed;

3. The owner's legal or equitable interest in the property;

4. A statement of disputed and undisputed facts;

5. A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal;

6. A verification of the truth of all matters asserted.

B. The planning commission may limit the issues on appeal, may consider the record produced before the hearing officer, and may allow additional evidence to be produced. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In the notice the appellant will be apprised of the scope of the appeal. The decision of the planning commission shall be final and binding action and the property owner shall be so notified of its determinations.

(Ord. 113 (part), 1988)

If the nuisance is not completely abated by the date specified in the hearing officer's declaration, or in the planning commission's determination, as appropriate, the City Manager may immediately cause the same to be abated by city personnel or under private contract. The hearing officer or planning commission are also authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances made before the date of city abatement. The owner of the premises shall be liable to the city for all costs of such abatement, including administrative costs.

(Ord. 113 (part), 1988)

City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of abating the nuisances on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council by showing the cost of abatement by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting city notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the city clerk or deputy city clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work and the costs of printing and mailing required by this Chapter.

(Ord. 113 (part), 1988)

A. The total cost for abating the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

B. After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to be added to the amounts of the assessments of the next regular tax bills levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN

Claim of the City of Grand Terrace

Pursuant to the authority vested by the provisions of Section 8.04.050 of the Grand Terrace Municipal Code, the city of Grand Terrace did on or about the _______ day of _______, 20___, cause the property hereinafter described to be rehabilitated or the building, structure or fence on the property to be repaired or demolished in order to abate a public nuisance on the real property. The City Council of the City of Grand Terrace did on the _______ of _______, 20___ assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Grand Terrace does hereby claim a lien for such rehabilitation, repair, or demolition in the amount of the assessment, to wit the sum of $_______; the same shall be a lien upon the real property until paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying in and being in the City of Grand Terrace, County of San Bernardino, State of California, particularly described as follows:

[legal description]

Dated this _______ day of _______, 20___.

(Ord. 113 (part), 1988)

Nothing in this Chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this Chapter.

(Ord. 113 (part), 1988)

The owner of any premises within the city has the primary responsibility of keeping his premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this Chapter, shall be deemed to be the agents of the owner.

(Ord. 113 (part), 1988)

A. The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this Chapter or who violates any Order of Abatement made pursuant to this Chapter is guilty of an infraction.

B. Any unauthorized person who removes any notice or order posted as required by this Chapter is guilty of a misdemeanor.

C. It shall be a misdemeanor to obstruct, impede or interfere with any representative of the City or with any person who owns or holds any estate or interest in the property which has been ordered to be vacated, repaired, rehabilitated or demolished and removed whenever any such representative of the City or person having any estate or interest in such property is engaged in vacating, repairing, rehabilitating or demolishing and removing any such property pursuant to the provisions of this Chapter or in performance of any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this Chapter.

D. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor. A criminal prosecution may be initiated without a nuisance hearing, as provided in this Chapter, or upon a violation of any order resulting from such a hearing. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed.

(Ord. No. 369, § 24, 7-22-2025; Ord. 113 (part), 1988)

The following designated officers and employees shall have the power to arrest persons for the misdemeanor violations of this Chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in his presence:

A. The community development director;

B. The code enforcement officer.

(Ord. 113 (part), 1988)

A. If any person is arrested for a misdemeanor violation of this Chapter, and such person is not taken before a magistrate as is more fully set forth in the California Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

B. The time specified in the notice to appear shall be not less than ten days after such arrest.

C. The place specified in the notice to appear shall be either:

1. Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or

2. Before an officer authorized to receive a deposit of bail.

D. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall release the arrested person from custody.

E. The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall be paid in the county treasury for distribution as provided by Section 1463 of the California Penal Code.

F. A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this Chapter, has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

G. Every person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

H. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Subsection (C) of this Section, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 113 (part), 1988)

A. Purpose. The City contracts with the County of San Bernardino for the weed abatement and the elimination of fire hazards. This and the following Sections are designed to incorporate the applicable Sections of the San Bernardino County Code so that the County regulations, procedures and penalties are the law of Grand Terrace and are enforceable in Grand Terrace.

B. Incorporation by Reference. Sections 23.0301 through 23.0319 of Chapter 3 (Abatement of fire hazards and hazardous trees) of Division 3 (Fire protection and explosives and hazardous materials) of Title 2 (Public morals, safety and welfare) of the San Bernardino County Code of Ordinances shall become the law of, and are enforceable in, Grand Terrace as an alternative fire hazard abatement regulations of the City. The aforementioned Sections of the San Bernardino County Code of Ordinances are on file for public examination in the Office of the City Clerk.

(Ord. No. 279, § 1, 11-12-2014)

Sections 11.0201 through 11.0212 of Chapter 2 (Violations and enforcement) of Division 1 (General provisions) of Title 2 (Government and administration) of the San Bernardino County Code of Ordinances shall become an alternative fire hazard abatement procedure and penalty provision of the City, only for the purpose of enforcement of County provisions set forth in Section 8.04.200 of this Code. The provisions of Subsection B. (Penalties) of Section 8.04.210 shall contain references to the corresponding County provisions for ease of use with the provisions of the San Bernardino County Code of Ordinance Sections that are incorporated by reference into this Municipal Code in Sections 8.04.200 and 8.04.210.A herein.

A. Abatement Procedure—Incorporation by Reference. Sections 11.0201, 11.0203. 11.0205, 11.0208 (with the exception of Subsection "e" which is set out in full herein), 11.0209 and 11.0210 of Chapter 2 (Violations and enforcement) of Division 1 (General provisions) of Title 1 (Government and administration) of the San Bernardino County Code of Ordinances shall become the law of the City as an alternative weed abatement procedure. The aforementioned Sections of the San Bernardino County Code of Ordinances are on file for public examination in the Office of the City Clerk.

B. Penalties.

a. (County § 11.0202) Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive; Declaration of Public Nuisance. All remedies and penalties provided for in this Chapter shall be cumulative and discretionary and not exclusive of other applicable provisions of this Code or other applicable State or Federal law. Each and every violation of this Code is hereby declared unlawful and a public nuisance. The conviction and punishment (whether by fine, imprisonment, or both) of any person hereunder pursuant to a criminal action, or the imposition of a monetary administrative penalty pursuant to an administrative citation (as defined in § 11.0208), shall not relieve such person from the responsibility of correcting, removing, or abating the violation; nor prevent the enforced correction, removal, or abatement thereof by the County, its employees, agents, or representatives. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere shall not be grounds for dismissal of the action or for the waiver, stay, or reduction, of any fine established in this Chapter. Further, the procedures established in this Chapter for the use of administrative citations, and the procedures established in other titles and chapters of this Code for administrative abatement and summary abatement as a means for addressing violations of this Code, shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code. The use of this Chapter shall be at the sole discretion of the County. In the exercise of such discretion in selecting an appropriate code enforcement remedy, the County shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another.

b. (County § 11.0204) Continuing Violations. Each and every day, and any portion of which, any violation of this Code (or of the provisions of any code adopted and incorporated by reference by this Code) is committed, continued, or permitted, shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Chapter.

c. (County § 11.0206) Criminal Actions.

i. Criminal Penalties for Violations. It is unlawful for any person to violate any provision of this Code, or to violate any provision of any permit issued pursuant to this Code, or the conditions of approval for such permit granted pursuant to this Code. Unless otherwise specified in another part of this Code, any person committing such violation shall be deemed guilty of a misdemeanor.

1. Misdemeanor Violations. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called "no contest"), the penalty shall be a base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable

2. Infraction Violations. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so prosecuted, or where specified in a Section or Chapter of this Code that the violation of a certain Section or Sections shall be an infraction, then that shall be the type of offense and each such violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo contendere (commonly called "no contest"), by a base fine not exceeding $100.00 for a first violation; a base fine not exceeding $200.00 for a second violation of the same Code Section within one year; and a base fine not exceeding $500.00 for each additional violation of the same Code Section within one year of the first violation. However, violations of building and safety provisions of this Code cited, charged, and prosecuted as infractions shall be punishable by a base fine not exceeding $100.00 for a first violation; a base fine not exceeding $500.00 for a second violation of the same Code Section within one year; and a base fine not exceeding $1,000.00 for each additional violation of the same Code Section within one year of the first violation. The maximum fines imposed in this Section are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted. Any court costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine.

ii. Criminal Citations.

1. If any person is arrested by a peace officer, fire marshal, fire prevention officer, code enforcement officer, animal control officer, public health officer, or any other officer authorized to enforce this Code for a violation of any provision of this Code (hereinafter "arresting officer"), whether punishable as a misdemeanor or as an infraction, the arresting officer shall issue a notice to appear (the citation) to such person, pursuant to Penal Code §§ 853.5 and 853.6, and request that the person sign the notice to appear, which shall constitute the person's written promise to appear in court. After obtaining the written promise to appear, the arresting officer must immediately release the person.

2. If the person cited refuses to sign the notice to appear, the arresting officer, unless the arresting officer is a sworn peace officer, must immediately release the person and refer the matter to the Office of County Counsel or other appropriate agency for appropriate action.

d. (County § 11.0207) Civil Actions.

i. Injunctive Relief and Abatement. At the request of any person authorized to enforce this Code, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Code, or any permit issued pursuant to this Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.

ii. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Code, or any permit issued pursuant to this Code, or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed $1,000.00 per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and any corrective action taken by the violator.

iii. Attorney's Fees and Costs of Enforcement. In any civil action brought by the County, including but not limited to a proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney's fees and costs of enforcement may be recovered by the prevailing party. Such recovered attorney's fees shall not exceed the amount of reasonable attorney's fees incurred by the County in that action or proceeding (Government Code § 25845). Costs of enforcement shall include, but not be limited to, administrative costs and any and all costs incurred in the physical abatement of any nuisance and any and all costs incurred by the County in the correction or remedying of a violation of this Code. Notwithstanding the above language, no attorney's fees shall be recovered in any administrative proceeding held pursuant to § 11.0208 or any related appeal to the Superior Court or the Courts of Appeal.

e. (County § 11.0208 (e)) Administrative Penalties and Costs.

i. Unless otherwise provided in this Code, the amount of penalty to be imposed for a violation of this Code and assessed by means of an administrative citation shall be $100.00 for the first occurrence of a violation; $200.00 for the second occurrence of the same violation within one year; and $500.00 for the third and each subsequent occurrence of the same violation within one year. The maximum fines imposed in this Section are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted.

ii. If the violation is not corrected within the time limits established in this Code, then additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.

1. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the County.

2. The penalties assessed shall be due to the County (or to the County's designated collection/processing agent for the issuing County Department or Special District Department) within 30 calendar days from the date the administrative citation is issued.

3. Except as provided below, any person who fails to pay to the County (or the County's designated collection/processing agent for the issuing County Department) any penalty imposed pursuant to the provisions of this Chapter shall be liable for payment of the applicable late payment charges as follows:

a. For payments received within 30 days after the due date, a late fee in the amount of 50 percent of the administrative fine is due.

b. For payments received more than 30 days after the due date, a late fee in the amount of 50 percent of the original administrative fine is due, plus an additional 50 percent of the original administrative fine is due.

4. The County may collect any past due administrative citation penalty or late payment charge by use of any available means, including without limitation, the recording of a notice of lien, describing the real property affected and the amount of the costs and administrative citation penalties claimed by the County with the Office of the County Recorder. The County may transmit notice of the award of administrative costs and administrative citation penalties, or notice of the judgment thereon arising from a collection or other legal action, to the Treasurer/Tax Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless sooner paid. The County may also recover its collection costs. A judgment or award of such costs, penalties or damages may be enforced as set forth above and may also be enforced in any other manner provided by law.

5. In any appeal hearing, the issuing County Department may also recover its administrative costs incurred in investigating, inspecting, and abating or remedying the violation of the County Code, in attempting to collect any and all penalties and late fees, and in defending the citation at the appeal hearing.

6. All administrative citation penalties collected pursuant to these provisions shall be deposited into specific funds maintained by or on behalf of the respective issuing County Departments for the purpose of funding their enforcement of this Code.

f. (County § 11.0211) Costs and Damages. Any person, whether acting as a principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator or contractor, or otherwise, violating any provision of this Code or the rules, regulations, orders, permits or conditions of approval issued thereunder, shall be liable to the County for costs of abatement and any damages suffered by the County, its agents or agencies, as a result of such violations.

g. (County § 11.0212) Treble Damages. Upon a second or subsequent civil or criminal judgment for a violation of this Code within a two-year period the violator shall be liable to the County for treble the abatement costs, in accordance with Government Code § 25845.5.

(Ord. No. 279, § 2, 11-12-2014)