National City Municipal Code Ch. 7.32 Enforcement

Sections:

* Noncodified list of cross-references:

NCMC Title 1

A. "Citations" means promises to appear in court of the type and form used by the National City police department.

B. "Code conformance officer" means the person(s) named by the city manager to fill that position.

C. "Enforcement" means warnings, criminal prosecution, civil relief and city abatement.

(Ord. 1812 (part), 1984)

A. Unless otherwise specified, it is the responsibility of the code conformance officer to enforce all the provisions of this Title 7 of the National City Municipal Code. In addition, the city manager may designate and assign administrative responsibilities for enforcement activities to any of the city's departments to fully utilize available manpower, expertise and resources.

B. The code conformance officer shall coordinate all of Title 7 enforcement activities with all of the city's departments and shall have authority to screen and to route and assign in-coming complaints to those departments designated by the city manager.

C. The code conformance officer shall prepare and the city manager may establish administrative guidelines for Title 7 administration.

(Ord. 2169 § 4, 1999; Ord. 1812 (part), 1984)

A. The provisions of Section 1.28.010 are extended to include the code conformance officer.

B. The code conformance officer is empowered to issue citations for any violation of any provision of this title.

C. Whenever an offender refuses to sign a promise to appear in court (citation), the code conformance officer may refer the matter to a sworn peace officer or to the city attorney for action. Citations may be served by certified mail. The code conformance officer will not make physical arrests.

D. The code conformance officer at his own option may use various "warning notices" in place of citations at the first official demand made upon violators. Failure to comply with any such notice will be cause for a citation or filing of a complaint in the appropriate court.

E. Each day that a violation continues will constitute a separate offense.

F. Separate complaints may be filed on each count of any violation of this title.

(Ord. 1812 (part), 1984)

The code conformance officer is empowered to seek, obtain and employ inspection warrants issued by the court wherein necessity is clearly demonstrated in the interest of protecting and preserving public health and safety. Such warrants shall be limited to the jurisdiction of Title 7.

(Ord. 1812 (part), 1984)

A. Nothing in this chapter is superseded by any other enforcement provision in this code.

B. Where jurisdiction for regulation, enforcement, or abatement is found in more than one title of this code, the code conformance officer, pursuant to guidelines set forth by the city manager, is authorized to refer apparent code violations to the appropriate city department(s) for action, pursuant to Section 7.32.020B.

C. It is clearly the intent of this title and its administrative guidelines to recognize the capabilities of the city's departments to perform specialized services in their respective fields.

(Ord. 1812 (part), 1984)

A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this title. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this title shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this title may in the discretion of the code conformance officer be charged and prosecuted as an infraction; and, with the further exception that any violation of the provisions of this title dealing with parking within public street rights-of-way and alleys, operation of motor vehicles, use of highways and streets by animals, vehicles or pedestrians, shall constitute infractions. Penalties for misdemeanors and infractions are prescribed elsewhere in this code.

B. The city attorney may up-grade an infraction complaint to become a misdemeanor complaint at any time.

(Ord. 1812 (part), 1984)

A. Whenever the enforcement person finds and determines that violations would be appropriately classed as public nuisances, he may initiate civil action to abate them.

B. The city attorney may elect to proceed with civil proceedings upon receiving support of the city council.

C. Both criminal and civil proceedings may be pursued for the same violation or circumstances.

(Ord. 1812 (part), 1984)

Whenever the provisions of this title provide for city abatement of public nuisances, the code conformance officer shall be the principal person charged with the duty to pursue abatement and to supervise their accomplishment. All city departments and employees are required to cooperate whenever the respective abatement regulations or related codes name their city department. All agencies will cooperate.

(Ord. 1812 (part), 1984)

A. Wherein the city contracts with or is preempted by other governmental agencies for the administration and/or enforcement of regulations adopted by the city, such as health, housing, air pollution, mobilehome parks and sewage treatment, the director of building and safety is the city's liaison representative, under the direction of the city manager. The code conformance officer is authorized to cooperate with those agencies and to coordinate Title 7 enforcement activities with them. Referrals for service, where appropriate, may be routinely made directly by the code conformance officer. Nothing in Title 7 abrogates those contracts.

B. Wherein the city contracts with public or private agencies for the collection of garbage and refuse, the director of public works, under the direction of the city manager, is the city's liaison representative. The code conformance officer is authorized to coordinate Title 7 enforcement activities directly with that contractor(s). Nothing in Title 7 abrogates those contracts.

(Ord. 1812 (part), 1984)

A. Prior to the issuance of a citation or the filing of a complaint in an enforcement case, the alleged violator shall be advised in writing of the right to appeal the enforcement action to the planning commission by service of a "notice of violation." Should the alleged violator wish to appeal the notice of violation, he/she shall file a written notice of appeal in the office of the planning director within three working days after service of the notice of violation. The notice of appeal shall be accompanied by a fee (the "appeal fee") in an amount to be established from time to time by resolution of the city council. Not less than five days nor more than twenty days after an appeal is filed with the planning director, the planning commission shall hear said appeal.

B. At the time of the appeal, after all evidence is received and heard, the planning commission shall determine the issue by either granting the appeal or denying the appeal. The decision of the planning commission shall be final and conclusive.

C. A timely appeal shall stop prosecution of a violation until the planning commission has decided the appeal. Where an alleged violator does not file a timely appeal after being served with a notice of violation, prosecution of that violation may commence forthwith.

D. The provisions of Chapters 7.06, 7.10, 7.18, 7.20, 7.22, 7.26, and 7.30 are not subject to any appeal privilege.

E. If the planning commission determines, after considering an appeal, that the alleged offense constitutes a violation, the planning commission shall deny the appeal, prosecution of that offense may thereafter proceed, and the appeal fee shall be retained by the city. In denying an appeal, the planning commission may grant the violator a reasonable period of time to correct the violation prior to the commencement of prosecution.

F. If the planning commission determines, after considering an appeal, that the alleged offense does not constitute a violation, no further enforcement action will be taken, and the appeal fee shall be returned to the alleged violator within three working days after the planning commission's decision.

(Ord. 2119 § 1, 1996: Ord. 1812 (part), 1984)

A. The notice of violation required by Section 7.32.100 may be served by any of the following methods:

1. Personal service; or

2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or

3. Posting the notice conspicuously on or in front of the property which is subject of the notice.

B. Personal service shall be effective upon delivery. Service by posting shall be effective on the date of posting the notice. Service by certified mail in the manner described above shall be effective on the date of mailing. Service by mail shall be to the alleged violator's address as indicated on the current assessment roll of the San Diego County assessor.

(Ord. 2119 § 2, 1996)