Merced Municipal Code Ch. 1.09 Code Enforcement Authority and Powers

A. The city council finds that the enforcement of the Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to the protection of the public health, safety, and quality of life. The city council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Nothing in this code is intended to limit the duties and responsibilities of sworn peace officers.

B. In accordance with the provisions of Government Code Section 53069.4, and its successor statutes, and consistent with its powers as a Charter City, the City of Merced adopts Chapter 1.10, Administrative Citations, and Chapter 1.11, Administrative Penalties, in order to achieve the following goals:

1. To protect the public health, safety, and welfare of the citizens of the City of Merced;

2. To gain compliance with the Municipal Code and state codes, ordinances, and regulations in a timely and efficient manner;

3. To provide for an administrative process to appeal the imposition of administrative citations and fines;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Municipal Code, other ordinances adopted by the city, and conditions on entitlements; and

5. To provide responsible parties a strong financial incentive to cure their violations through the use of administrative penalties.

(Ord. No. 2348, § 1, 3-1-2010)

It is unlawful for a person to violate a provision, or to fail to comply with a requirement of this code, or any code adopted by reference by this code, an ordinance of the city not included within this code, or any conditions on entitlements. The city may enforce any such violation of the provisions of this code by any one or more of the following methods, at the city's discretion:

A. Criminal penalties pursuant to Chapter 1.12;

B. Denial, forfeiture, or revocation of any permit granted by the city;

C. Administrative citations and penalties, to the extent authorized by this code; and

D. Any other remedy available to the city, including, but not limited to, civil penalties, injunctive relief, and abatement of public nuisance.

(Ord. No. 2348, § 1, 3-1-2010)

All references to this code are deemed to include this code, any code adopted by reference by this code, an ordinance of the city not included within this code, or any conditions on entitlements.

(Ord. No. 2348, § 1, 3-1-2010)

The city manager, or any of his or her designated nonsafety enforcement officers, (hereinafter referred to as "enforcement officers") shall have the authority and powers necessary to gain compliance with the provisions of this code for which they have a duty to enforce. These powers include, but are not limited to, the power to issue correction notices, administrative citations, inspect public and private property and use judicial and administrative remedies available under this code, or applicable state codes. The designation of enforcement officers shall be made by a duly adopted resolution of the city council.

(Ord. No. 2348, § 1, 3-1-2010)

Pursuant to California Penal Code Section 836.5, designated enforcement officers are authorized to issue criminal citations, as misdemeanors or infractions, for violations of the provisions of this code, for which they have a duty to enforce. such authority is not extended to include all of the duties and responsibilities of a peace officer, but is limited as provided herein.

(Ord. No. 2348, § 1, 3-1-2010)

Chapters 1.10 and 1.11 provide the procedure for issuance and recordation of notices of violation where other sections of this code do not provide an alternative procedure.

(Ord. No. 2348, § 1, 3-1-2010)

Enforcement officers are authorized to arrest any person without a warrant whenever the enforcement officer has probable cause to believe that the person has committed a violation of this code in his or her presence, for which the enforcement officer had the duty to enforce. Pursuant to Penal Code Section 836.5, the enforcement officer may only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a peace officer.

An enforcement officer shall release the person to be issued a citation on his or her written promise to appear in court. An enforcement officer shall not, under any circumstance, take the person into custody. In the event that the person refuses to provide his or her written promise to appear in court, or demands to be taken before a magistrate, an enforcement officer shall summon a City of Merced police officer and request that such police officer take the person into custody pursuant to a citizen's arrest. This section shall in no way limit the authority of any sworn peace officer to effect an arrest.

(Ord. No. 2348, § 1, 3-1-2010)

A. The following may be designated as administrative violations and shall be subject to enforcement pursuant to the provisions of Chapters 1.10 and 1.11:

1. All violations of the Merced Municipal Code, unless otherwise excepted by ordinance;

2. All violations of the City Charter, unless otherwise excepted by ordinance;

3. All violations of the California and International Model Codes and appendices and any successor model codes adopted by the City of Merced;

4. All violations of design standards adopted by the city council and/or the planning commission and on file with the city clerk;

5. All violations of conditions imposed on any entitlement, permit, contract, or environmental document issued or approved by the City of Merced;

6. All violations of state laws enforced by the City of Merced that have been designated for enforcement through this chapter or by ordinance.

B. A violation designated as an administrative violation may only be adjudicated pursuant to the administrative enforcement procedures established by Chapters 1.10 and 1.11. Each responsible person shall have the right to request an administrative hearing and subsequent judicial review as set forth in this code.

(Ord. No. 2348, § 1, 3-1-2010)