Montclair Municipal Code Ch. 1.12 General Penalties/Collection Actions

A. Violations. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit issued pursuant to this Code.

Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any Code adopted by reference herein; any ordinance of the City; any rule or regulation promulgated pursuant thereto; or any condition of any permit issued pursuant to this Code shall be guilty of a misdemeanor unless:

1. Such requirement is classified as an infraction by the California Vehicle Code or any Code or law of the State, this Code, or any ordinance of the City.

2. The City Attorney or City Prosecutor files a complaint charging the offense as an infraction.

3. The City Attorney or City Prosecutor reduces the offense to an infraction and the defendant does not object to having the case proceed as an infraction.

4. A public officer or employee designated in or pursuant to subsection E of this section issues a citation charging the offense as an infraction, provided that such reduction of the offense to a lesser penalty is authorized by policy established by the City Council, standing committee thereof, or City Manager pursuant to subsection F of this section.

B. Penalties.

1. Misdemeanor. Any person, firm, corporation, or responsible entity convicted of a misdemeanor under the provisions of this Code by a court of competent jurisdiction shall be punishable by a fine not to exceed One Thousand (1,000) Dollars, or by imprisonment in the City or County Jail for a period not to exceed six months, or by both such fine and imprisonment.

2. Infraction. Any person, firm, corporation, or responsible entity convicted of an infraction under the provisions of this Code by a court of competent jurisdiction shall be punishable by the following: (a) a fine not exceeding One Hundred (100) Dollars for a first violation; (b) a fine not exceeding Two Hundred (200) Dollars for a second violation of the same ordinance within any consecutive 12-month period; or (c) a fine not exceeding Five Hundred (500) Dollars for each additional violation of the same ordinance within any consecutive 12-month period.

3. Administrative Citation. Any person, firm, corporation, or other responsible entity that violates any provision, restriction, or requirement of this Code or any Code adopted by reference herein; any ordinance of the City; any rule or regulation promulgated pursuant thereto; or any condition of any permit issued pursuant to this Code is also subject to Chapter 1.04 ("Administrative Citations") of this Code.

4. Attorney Fees. In addition to any civil and criminal penalties as provided by the provisions of this section or otherwise, the City may recover reasonable attorneys' fees, court costs, and other expenses of litigation and/or prosecution incurred in the enforcement of the provisions of this Code against a person, business, or entity found to have violated any of the provisions of this Code.

C. Continuing Violations. It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit issued pursuant to this Code is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

D. Public Nuisance. In addition to the penalties provided by this chapter, any condition caused or permitted to exist in violation of any provision, restriction, or requirement of this Code or any Code adopted by reference herein; any ordinance of the City; any rule or regulation promulgated pursuant thereto; or any condition of any permit issued pursuant to this Code shall be deemed a public nuisance and may be summarily abated by the City by any and all means (civil, administrative, and/or equitable) as provided by law or in equity. All remedies provided herein shall be cumulative and not exclusive.

E. Enforcement. The City Council authorizes the City Manager and City employees as may be designated by the City Manager to be enforcement officers. These enforcement officers shall have the duty and authority to enforce the provisions of this Code and any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, and any condition of any permit issued pursuant to this Code.

F. Penalty Flexibility Policy. The City Council, at its discretion, may order, direct, declare, or establish a policy or set of policies or direct the City Manager to do the same that determine, allow, or authorize enforcement flexibility in the application of penalty provisions for violations of the provisions of this Code and any Code adopted by reference herein and any ordinance of the City, any rule or regulation promulgated pursuant thereto, and any condition of any permit issued pursuant to this Code. The administration of such policy or set of policies shall be overseen and executed by the City Manager or designee and that each such deviation from the penalty prescribed in this Code and any Code adopted by reference herein, and any ordinance of the City, any rule or regulation promulgated pursuant thereto, and any condition of any permit issued pursuant to this Code as provided for in such policy or set of policies shall not proceed without direction or authorization from the City Manager or designee.

(Ord. 06-889 § 2)

(Ord. No. 19-985, § V, 6-17-19)

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

(Ord. 99-791 Exh. A (part); prior code § 1-2.02)

The amount of any fee, service charge, or utility charge, including, but not limited to, sewer- and refuse-related charges, license fees, or taxes of any nature whatsoever imposed by any provisions of this Code shall be deemed a civil debt owing to the City.

(Ord. 02-815 § 2: Ord. 99-791 Exh. A (part); prior code § 1-2.05)

The property owner of record is responsible for payment of all civil debts as defined in Section 1.12.030 of this Code. This is not intended to prevent an arrangement or the continuance of an existing arrangement, under which payments of such fees, charges, or taxes are made by a tenant or any agent on behalf of the owner. However, any such arrangement will not affect the property owners obligation to the City for such civil debts.

(Ord. 02-815 § 3 (part))

The City determines that a late fee in the amount of 10 percent shall be added to those civil debts remaining unpaid on the day after the stated due date.

(Ord. 02-815 § 3 (part))

A civil debt, as described in Section 1.12.030 of this Code shall be determined to be delinquent and subject to collection procedures as defined in Section 1.12.090 of this Code if such civil debt remains unpaid for 90 days past the date on which it was billed. Such a civil debt, together with any late charges and/or collection costs as described herein shall constitute a Delinquent Civil Debt.

(Ord. 02-815 § 3 (part))

The City's costs related to placement of an account with a collection agency shall be added to the amount of the Delinquent Civil Debt being referred for collection. This fee shall be set by resolution of the City Council.

(Ord. 02-815 § 3 (part))

The City's costs related to placement of liens and/or assessments on property to satisfy delinquent civil debts shall be added to the amount of the Delinquent Civil Debt on such property. This fee shall be set by resolution of the City Council.

(Ord. 02-815 § 3 (part))

Delinquent Civil Debts may be collected by one or more of the following methods:

A. Collection by placement of lien on real property. In addition to and not withstanding any other means of collection, any Delinquent Civil Debt may result in a lien being placed on the property on which the delinquency has been charged. Such lien shall be placed as follows:

1. The City shall cause a Report of Delinquent Civil Debt to be attached to real property to be prepared periodically. Such Report shall be in the format prescribed by the San Bernardino County Auditor/Controller-Recorder. The City shall fix a time, date and place for hearing by the City Council of the Report and any objections or protests thereto.

2. The City shall, pursuant to Montclair Municipal Code Section 1.08.040(C), mail notice of the hearing to the property owners, as listed on the current San Bernardino County Equalized Assessment Roll, of the affected properties. Such notice shall be sent not less than ten days prior to the date of the hearing and shall inform the property owners of the date, time, and location of the hearing and the amount of their Delinquent Civil Debt. Such notice shall inform the property owners that, upon approval by the City Council, the Delinquent Civil Debt(s) that is (are) the subject of such hearing shall be attached as a lien to their real property.

3. At the hearing, the City Council shall hear any objections or protests from the property owners who are subject to a lien being placed on their property for a Delinquent Civil Debt. The City Council may make such revisions or corrections to the Report as it deems just, after which the Report shall be confirmed by City Council resolution and shall constitute authority for placement of the lien(s).

4. The City Clerk shall certify that the Report has been adopted by the City Council in its final form and file the Report with the County Auditor and the County Recorder.

B. Placement of Special Assessment on the Tax Rolls. In addition to and not withstanding any other means of collection, any Delinquent Civil Debt as described herein may be placed as a Special Assessment to the Tax Rolls as follows:

1. The City shall prepare a Report of Delinquent Civil Debt to be placed on Tax Rolls once each year. The Report shall be in the format prescribed by the San Bernardino County Auditor/Controller-Recorder. The City shall fix a time, date and place for hearing by the City Council of the Report and any objections or protests thereto.

2. The City shall, pursuant to Montclair Municipal Code Section 1.08.040(C), mail notice of the hearing to the property owners, as listed on the current San Bernardino County Equalized Assessment Roll, of the affected properties. Such notice shall be sent not less than ten days prior to the date of the hearing and shall inform the property owners of the date, time, and location of the hearing and the amount of their Delinquent Civil Debt. Such notice shall inform the property owners that, upon approval by the City Council, the Delinquent Civil Debt will result in a special assessment on their property taxes in the following year.

3. At the hearing, the City Council shall hear any objections or protests from the property owners who are subject to having this special assessment added to their property taxes. The City Council may make such revisions or corrections to the Report as it deems just, after which the Report shall be confirmed by City Council resolution and shall constitute authority for placement of the special assessments.

4. The City Clerk shall, on or before August 10 of each year, file with the County Auditor/Controller-Recorder a copy of the Report with a statement endorsed thereon that the Report has been adopted by the City Council. The Auditor/Controller-Recorder shall then enter the amounts of the Delinquent Civil Debts against the respective lots or parcels of land as they appear on the current assessment roll.

C. Placement of a Delinquent Civil Debt with a Collection Agency. In addition to and not withstanding any other means of collection of a Delinquent Civil Debt, such debt may be submitted to a collection agency that is under contract with the City for such collection service.

D. Judicial Action. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of a Delinquent Civil Debt. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such Delinquent Civil Debt by civil action shall not bar the use of any other remedy provided by this Code or by law.

(Ord. 02-815 § 3 (part))