Gustine Municipal Code Art. 1 In General

(a) The city council finds that the enforcement of this Code, the zoning code and applicable state codes throughout the city is an important public service. Code enforcement is vital to the protection of the public's health, safety, and quality of life. The council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of administrative and judicial remedies is critical to gain compliance with code regulations. Failure to comply with enforcement actions may ultimately require the city attorney to file litigious action to gain compliance.

(b) The city council finds there is a need for an alternative method of enforcement for minor violations of this Code and applicable state codes. The council further finds that an administrative citation program is an appropriate alternative method of enforcement for such minor violations.

(c) The procedures established in this chapter shall be in addition to criminal, civil, or any other legal remedy established by law, which may be pursued to address violations of this Code or applicable state codes.

(d) The administrative citations process set forth in this title shall also apply to continuing violations of this Code or the zoning code that pertain to building, plumbing, electrical, or other similar structural or zoning issues as set forth in section 2-7-9, subsections (b) and (c).

(Ord. No. 438, 7-1-2008; Ord. No. 488, § 1, 12-18-2018)

Any person violating any provision of this Code, or applicable state code, wherein such violation consists of an action or failure to act which if sustained may result in the assessment of a fine, may be issued an administrative citation by the enforcement official as provided in this chapter.

(1) The enforcement official shall have the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes. These powers include the power to issue notices of violation and administrative citations, inspect public and private property (when such private property owner or manager has been served notice of being out of compliance), and use whatever judicial and administrative remedies as may be available under this code or applicable state codes.

(2) The enforcement official is authorized to enter upon any property or premise to ascertain whether or not the provisions of this code or applicable state codes are being obeyed, and to make any examinations and surveys necessary to the performance of their enforcement duties. These may include the taking of photographs, or collection of samples, or other physical evidence, or the recording of interviews. All such takings, examinations, inspections, gatherings, or surveys shall be done in a reasonable manner. Should a respondent refuse permission to enter to inspect, the enforcement official may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedures (CCCP) §§ 1822.50—1822.59.

(3) Each and every day a minor violation of this code or applicable state code exists constitutes a separate and distinct offense.

(4) A civil penalty shall be assessed by means of administrative citation issued by the enforcement official and shall be payable directly to the city, and shall be deposited to the code enforcement fund established pursuant to section 2-7-3.

(5) Such civil penalty as is assessed in accordance with subsection (2) shall be collected in accordance with the procedures specified in this chapter.

(Ord. No. 438, 7-1-2008)

All fees, costs, reimbursements, or monies received pursuant to the provisions of this title shall be placed in a special fund which is created and established for such purposes and which shall be known as the 'code enforcement fund.' Sums collected under this title shall be appropriated and allocated as determined by the city manager for the specific purpose of reimbursement of costs incurred and for continued code enforcement activities first, and may be applied as directed to the city general fund thereafter.

(Ord. No. 438, 7-1-2008)

In addition to any other remedy provided by this code, any provision of this code may be enforced by an injunction issued by the superior court upon a suit brought by the city. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of five hundred dollars per violation of this code for each day during which any person commits, continues to commit, allows, or maintains a violation of any provision of this code.

(Ord. No. 438, 7-1-2008)