Monterey County Municipal Code Ch. 1.20 Enforcement of Code

For the purpose of this Chapter, the following terms shall have the meanings as defined in this Section:

"Enforcement" shall mean the making of investigations as may be required, demanding and signing criminal complaints or civil declarations, appearing as a witness in any prosecution or proceeding when so required, and generally doing all things necessary and proper to enforce and obtain compliance with the provisions of the Monterey County Code.

"Official" shall mean any officer, employee, or agent of the County, or any deputy or designee of such officer, employee, or agent.

A. Primary Responsibilities. Whenever the enforcement of any provision of this Code or any codified ordinance of the County is imposed upon or delegated to a specific official, such official shall be primarily responsible for the enforcement of such provision. In the absence of any specific imposition or delegation or enforcement responsibility, the Sheriff shall be primarily responsible for enforcing the provisions of this Code and any uncodified ordinance. Nothing in this Section, or any other provision of this Chapter, shall be construed as precluding any official or citizen of the County from enforcing the provisions of this Code or uncodified ordinance in any manner required or permitted by law.

B. Enforcing Officers Generally. The Sheriff and all peace officers employed by the Sheriff's Department are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this Code or any other ordinance of the County, including the power to arrest for such violations in accordance with the laws of the State of California, together with such other powers as are conferred upon them by the County.

C. Enforcement of Permit Regulations. Compliance with the permit requirements of this Code shall be the responsibility of the official authorized to grant the permit to which such requirements apply except that:

1. When the permit is granted by the Board of Supervisors, the County Administrative Officer shall be the responsible officer;

2. When the permit is granted by a department, the head of such department shall be the responsible officer or employee;

3. When the permit is granted by the County Planning Commission, the responsible officer or employee shall be the Director of Planning and Building Inspection.

D. Responsibility of County Administrative Officer in Case Enforcement is Neglected. Whenever an official primarily responsible for enforcing any provision of this Code fails, neglects, or refuses to perform such duty and such failure, neglect, or refusal is brought to the attention of the County Administrative Officer, the County Administrative Officer shall enforce such provision of law and initiate such penal and disciplinary action against the official as may be warranted under the circumstances.

E. Administrative Processes. Every official may use administrative processes such as notices of violation, stop work orders, or warning letters in lieu of or prior to seeking judicial enforcement of any provision of this Code if the official determines that the process may result in compliance with this Code at less cost to the County.

F. Appearance as Witnesses. Every official is authorized to appear as a complaining witness in any criminal, civil, or administrative proceeding brought for an alleged violation of the Code or to abate any violation of this Code or enjoin any present or future violation of this Code.

G. Consultation with Counsel. Every official shall consult with County Counsel, or the designee of County Counsel, in a timely manner prior to commencement of any proceeding or action to terminate, revoke, or deny any permit, license, or any other entitlement allowed or established pursuant to this Code, to ensure that such proceeding or action is undertaken in a lawful manner consistent with the laws of the United States, the State of California, and the County of Monterey.

(Ord. 3850 § 1, 1995)

A. Interference or Obstruction. It is unlawful for any person to interfere or obstruct, or to attempt to interfere or obstruct, any official in the performance of such official's duties as specified in this Code or as may otherwise be received pursuant to the rules, regulations, or policies of the County or the Board of Supervisors.

B. False Information. No person shall give, either orally or in writing, information to an official which the person knows or has reason to know is false.

A. Misdemeanors—Infractions—Civil Violations. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor unless:

1. The violation is classified as an infraction by the State Vehicle Code or this Code, in which case the person shall be guilty of an infraction; or

2. The violation is classified as a standing or parking traffic violation under the State Vehicle Code or this Code; or

3. The District Attorney files a complaint charging the offense as an infraction; or

4. A public officer designated in Subsection C of this Section issues a citation charging the offense as an infraction.

B. Punishment.

1. Misdemeanor. Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise made in this Code, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the Monterey County Jail for a period of not more than six months or by both such fine and imprisonment.

2. Infraction. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise made in this Code, shall be punishable upon a first conviction of a fine of not more than two hundred fifty dollars ($250.00), and for a second conviction within a period of one year by a fine of not more than five hundred dollars ($500.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than one thousand dollars ($1,000.00).

C. Civil Violation. Any person who is found to have violated any provision of Chapters 12.28, 12.32, 12.40 or Sections 12.08.040, 12.44.090, or Section 14.12.100(A)(5) of this Code shall pay the civil fees listed in the Monterey County Fee Resolution for the violation including the penalty and all collection costs. All such violations shall be processed by the County Administrative Officer or the designee of the County Administrative Officer.

D. Public Officers Authorized to Issue Citations. The County Administrative Officer, the General Manager Of The Monterey County Water Resources Agency, the Chief Executive Officer of Natividad Medical Center, and the Director of the County Agricultural Extension Service, or any of their designated officers, deputies, or employees, shall have the authority to cite violations for infractions or civil violations in the enforcement of the provisions of this Code within their regulatory responsibilities.

(Ord. 3726, 1993)

Every person convicted of a misdemeanor or infraction under the provisions of this Code shall be guilty of 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 be punished accordingly.

In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the District Attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

Any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such by an official and each day that such condition continues shall be regarded as a new and separate offense.

Any violation of any provision of this Code is unlawful and a public nuisance. The District Attorney or the County Counsel, or their respective designees, may commence such actions or proceedings for the abatement, removal, and enjoinment in the manner provided by law and may take such other steps and initiate such judicial proceedings as the District Attorney or County Counsel deems necessary or appropriate to abate and restrain such violation. The remedies provided in this Section shall be cumulative and not exclusive.

A. Costs of Abatement. Any person, firm, or corporation, who creates or maintains a public nuisance in violation of this Code shall be liable for the cost of abatement which shall include, but not be limited to:

1. Cost of investigation;

2. Court costs;

3. Attorneys' fees; and

4. Costs of monitoring compliance.

B. Civil Penalties. Upon continuation of a public nuisance after notice from the County to cease the nuisance, any person, firm, or corporation shall be liable for the costs of abatement set forth in Subsection A of this Section plus a civil penalty of fifty (50) percent of those costs payable to the County in addition to any other costs of enforcement imposed by the court.

Nothing in this Code is intended or shall be deemed or construed to impose liability upon the County of Monterey or any official for any injury to persons or damage to property alleged to result from any act or omission by the County or any official beyond the liability expressly imposed by the laws of the State of California or the United States. Nothing in this Code or any other County enactment is intended or shall be deemed or construed to impose a mandatory duty upon the County or any official for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result from the failure of the County or any official to discharge a mandatory duty imposed by a County enactment.

Unless otherwise expressly provided, the remedies provided in this Chapter or any other provision of this Code are cumulative and not exclusive. Nothing in this Code bars any legal, equitable, administrative, or summary remedy to which any aggrieved person, the County, or any official may otherwise be entitled. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which violates any provision of this Code.