Modesto Municipal Code Art. 8 Enforcement of a Notice and Order

If the notice of violation or Notice and Order is not complied with promptly, the building official is authorized to request the legal counsel of the City of Modesto to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the Order or direction made pursuant thereto.

(Ord. 3513-C.S., § 2, effective 6-12-09)

In addition to all other remedies available at law, any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to Administrative Remedies as prescribed by Chapter 6 of Title 1of the Modesto Municipal Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one (1) year, by a fine of not exceeding five hundred dollars ($500.00).

Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

(Ord. 3513-C.S., § 2, effective 6-12-09)

In addition to any other remedies set forth in this chapter, administrative penalties pursuant to Chapter 6 of Title 1 of the Modesto Municipal Code may be imposed against any person, for violating any of the requirements set forth in this chapter.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct business or utilization of the building, structure or premises.

(Ord. 3513-C.S., § 2, effective 6-12-09)

It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Building Official and shall furnish to the Building Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

(Ord. 3513-C.S., § 2, effective 6-12-09)

If a Notice and Order has not been satisfied on a particular property, further permits or approvals for continued work permitted by this Code shall not be granted for that property unless specifically approved by the Building Official and or the violation has been corrected, inspected and approved.

(Ord. 3513-C.S., § 2, effective 6-12-09)