La Palma Municipal Code Div. 1 Generally

The City Council finds that the enforcement of this Code is an important public service. It further finds that a Code enforcement system that uses a combination of judicial and administrative remedies is vital to the protection of the public's health, safety, and quality of life.

(Code 1975, § 3-1; Ord. No. 2004-02, § 3)

(a) Pursuant to provisions of California Government Code § 36900 and California Penal Code § 836.5, the City Manager and authorized employees (hereinafter referred to as "Code Enforcement Officials") have the authority and powers necessary to gain compliance with the provisions of this Code. The specific authorization and designation of Code Enforcement Officials shall be made by a separate resolution of the City Council.

(b) Authorized Code Enforcement Officials shall have the power to issue citations, inspect public and private property, and use whatever judicial and administrative remedies are available under the Code and applicable State law. If an owner, occupant, or agent refuses the Code Enforcement Official's permission to inspect, the Code Enforcement Official may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure § 1822.50 et seq.

(c) Pursuant to Penal Code § 836.5, Code Enforcement Officials shall have the power to arrest a person without a warrant whenever the Code Enforcement Official has reasonable cause to believe that the person to be arrested has committed a misdemeanor by violating any provision of this Code, City ordinance, or applicable State law in the presence of the Code Enforcement Official. In any case in which a person is so arrested and does not demand to be taken before a magistrate, the Code Enforcement Official making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Penal Code § 853.5.

(d) Prior to making any arrest or preparing a written notice to appear, pursuant to subsection (c) of this section, all authorized Code Enforcement Officials, shall have received any required training or obtain the necessary certificates, as applicable under State law; however, this section shall not limit the enforcement of this Code by an authorized Code Enforcement Official pursuant to division 3, of this article.

(Code 1975, § 3-2; Ord. No. 2004-02, § 3)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or any ordinance of the City. Such a violation may be prosecuted in the name of the people of the State, redressed by civil action, or resolved by imposition of an administrative fine. Any person who violates or fails to comply with any provision of this Code or any City ordinance is guilty of a misdemeanor or an infraction.

(b) Violation of any provision of this Code or City ordinance shall be a misdemeanor unless by such provision it is made an infraction, provided, however, that the City Attorney has discretion to charge and the Code Enforcement Official has discretion to treat any offense in this Code as either a misdemeanor or an infraction.

(c) A violation of this Code or any provision of this Code does not include the failure of a City officer or City employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(Code 1975, § 3-3; Ord. No. 2004-02, § 3)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, or abetting such act or omission.

(Code 1975, § 3-4; Ord. No. 2004-02, § 3)