Livingston Municipal Code Ch. 4 General Penalties

(A) It is unlawful for any person to violate, or fail to comply with, any provision of this code or other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance.

(B) Each and every day during any portion of which any violation of any provision of this code is committed, caused, continued, or permitted shall constitute a new separate violation.

(C) Whenever in this code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission.

(D) The owner of any property, building or structure within the city is responsible for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(E) The prohibitions and penalties as provided in this chapter are in addition to other provisions of this code or other law.

(Ord. 552, passed 8-15-2006)

The Police Department, Fire Department, Public Works, building official and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or City Council.

(Ord. 552, passed 8-15-2006)

(A) Any person who shall violate or fail to comply with any provision or requirement of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, shall be guilty of a misdemeanor, unless:

1. Such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; or

2. Such a violation or failure is prosecuted through an administrative citation. Any person who fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter.

(B) Any violation of any provision of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, may be prosecuted as a misdemeanor or as an infraction, in the discretion of the City Attorney or his or her designee.

(C) Unless otherwise specifically provided in this code or by the City Council, any person guilty of a misdemeanor under a provision of this code shall be punished by a fine of not more than $1,000, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

(D) Unless otherwise provided by City Council, as prescribed by state law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding $100, and for committing the same offense a second time within one year by a fine not exceeding $200, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding $500.

(E) Unless otherwise specifically provided in this code or by the City Council, any violation of any building or safety provision of this code determined to be an infraction that poses a threat to public health or safety is punishable by the following:

1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.

2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

3. A fine not exceeding:

(a) One thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(b) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(F) A person cited under this code may seek a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. A request for a hardship waiver must be filed with the City Manager within 10 calendar days from the date of the citation. The request will be decided by the City Manager within five business days from the date the request is received, and the City Manager’s decision is final. The responsible party will be notified in writing of the decision on the request. A request for hardship waiver does not extend the time to appeal the citation.

(Ord. 552, passed 8-15-2006; Ord. 651, passed 5-16-2023)

(A) Officials and employees designated to enforce provisions of this code, or other employees designated by the City Manager, may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this code, or violation of any condition of any permit issued pursuant to this code or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees. Police officers have full authority to arrest persons for violations of the provision of this code pursuant to any applicable provision of the Penal Code.

(B) Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law.

(C) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by the Penal Code.

(D) Any city officer or employee arresting any person for a violation of any provision of this code, who does not immediately take such arrested person before a magistrate, as prescribed in the Penal Code of the state, must prepare in duplicate a written notice to appear in court.

1. The notice must contain:

(a) The name and address of the person arrested;

(b) The offense charged, the time and place of the alleged violation; and

(c) Where and when such person must appear in court.

2. The time specified in the notice for appearance must be at least ten days after such arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the Penal Code.

(E) The arresting city officer or employee must deliver one copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the city officer or employee. Thereafter, the arresting city officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the Penal Code.

(Ord. 552, passed 8-15-2006)

In addition to other penalties provided by law, any violation provision of this code or other city ordinance, any condition of any permit issued pursuant to this code or any other city ordinance, or any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be abated as such by the city.

(Ord. 552, passed 8-15-2006)