Article 1 — VIOLATIONS AND PENALTIES

• a. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to any City ordinance or the provisions of any code adopted by reference by any City ordinance, or any condition of an approval, permit or license granted pursuant to any City ordinance. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly.

• b. Notwithstanding subsection (a) of this section or any other provision of any City ordinance, any violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

• c. Where no specific penalty is provided therefor, any person convicted of a misdemeanor under the provisions of a City ordinance shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

• d. Any person convicted of an infraction under the provisions of a City ordinance shall be punishable for a first conviction by a fine of not more than $100, for a second conviction within a period of one year by a fine of not more than $200, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.

• e. Notwithstanding subsection (d) of this section, any person convicted of an infraction under the provisions of an ordinance of this City for unlicensed commercial cannabis activity shall be punishable by fine not to exceed $1,000 per violation and shall not exceed $10,000 per day. This section does not limit immediate imposition of larger fines otherwise authorized by law and does not limit administrative fines or penalties imposed after notice and a reasonable time to correct when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety.

• f. In addition to the penalties by this section any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to any City ordinance, or the provisions of any code adopted by reference by any City ordinance, or in violation of any condition of an approval, permit or license granted pursuant to a City ordinance, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to this title, or any civil action, and each day such condition continues shall be a new and separate offense.

• (Ord. 05-24, 3/12/2024)

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City of Oakley, CA

GENERAL PROVISIONS

§ 1.5.004

§ 1.5.014

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

The provisions of this Code or any ordinance of the City which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose a punishment described.

Whenever in any provision of this Code or ordinance of the City the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code or City ordinance.

Every person found guilty of violating any of the provisions of this Code or an ordinance of the City and sentenced to imprisonment shall be imprisoned in the County Jail.

Every officer and employee of the City having any duty to enforce any of the provisions of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any Code adopted by reference by City ordinance, is hereby authorized, pursuant to Section 836.5 of the Penal Code, to arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the presence of such officer or employee which is a violation of a provision of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any code adopted by reference by City ordinance, which such officer or employee has the duty to enforce.

If any person is arrested for a violation of any provision of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any Code adopted by reference by City ordinance, and such person is not immediately taken before a magistrate as prescribed by thePenal Code, the arresting officer or employee shall prepare in duplicate a written notice to appear in court, containing the name and address of such person arrested, and the offense charged. If the violation is designated as a misdemeanor, the notice shall also specify the time and place where the arrested person shall appear in court, which shall be a date at least 10 days after the date of arrest. The arresting officer or employee shall deliver one copy of the notice to the arrested person, and the arrested person, in order to secure release, must give his/her written promise to appear in court by signing the duplicate notice which shall be retained by the arresting officer or employee. Thereupon the arresting officer or employee shall release the person arrested from custody. The arresting officer

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City of Oakley, CA

OAKLEY CODE

§ 1.5.014

§ 1.5.022

or employee shall, as soon as practicable, file the duplicate notice with the magistrate specified in such notice.

Upon any guilty plea or judgment of conviction in any criminal proceeding brought for the violation of any provision of this Code, or any City ordinance, or any rule, regulation or order promulgated or issued pursuant to any City ordinance, or the provisions of any code adopted by reference by City ordinance, wherein the City has or will incur costs and expenses in removing or abating a nuisance caused, committed or maintained by the defendant as a result of such violation for which the defendant is prosecuted if the defendant is otherwise entitled by law to probation, then the court may require the payment to the City of such costs and expenses as one of the conditions of such probation.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any code adopted by reference by City ordinance, or any condition of an approval, permit or license granted pursuant to City ordinance, shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any interest as provided in Civil Code Section 3287, and penalties applicable thereto. The remedy prescribed by this section shall be cumulative and the use of a civil action to collect such amount as a prescribed debt shall not bar the use of any other remedy available to the City for the collection thereof.

Wherever the City Attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any code adopted by reference by City ordinance, or any condition of an approval, permit or license granted pursuant to City ordinance, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance or to collect any sum of money on behalf of the City, then the City shall be entitled to collect all the costs and expenses of the same, including, without limitation, reasonable attorneys fee and reasonable investigation costs, which shall be set by the court and made a part of any judgment in any such action or proceeding.

• a. Whenever the City Manager has knowledge of a violation of any provision of this Code, or any ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to City ordinance, or the provisions of any Code adopted by reference by City ordinance, or any condition of an approval permit or license granted pursuant City ordinance, he/she may notify the owner of the property upon which the violation is located of his/her intent to record a notice of violation in the Office of the County Recorder. Such notice of intent shall be mailed to the owner at the address shown on the latest available assessment roll, or

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City of Oakley, CA

GENERAL PROVISIONS

§ 1.5.022

§ 1.5.022

as otherwise known to the City Manager, and a copy thereof shall be posted upon the property. The notice of intent shall describe the nature of the violation and inform the owner that a notice of violation will be recorded unless a hearing before the City Manager is requested by the owner within 20 days from the date of the notice.

• b. In the event a hearing is not requested and the violation has not been corrected, or in the event that after the conduct of a hearing and consideration of all evidence presented thereat by the owner, the City Manager determines that a violation of one or more of the aforementioned codes, ordinances, rules, regulations, orders or conditions in fact exists, the City Manager may record a notice of violation in the Office of the County Recorder. The determination by the City Manager, following a hearing, that a violation exists, may be appealed to the City Council in accordance with the procedure set forth in Section 1.8.002.

• c. At the request of the affected property owner or other interested person and upon determination by the City Manager that the violation has been fully corrected and no longer exists, the City Manager shall furnish to the owner or other interested person a notice of expungement of the previously recorded notice of violation.

• d. The recording of a notice of violation pursuant to this section shall be in addition to any other rights, remedies or actions available to the City by reason of the same violation as described in the notice.

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City of Oakley, CA

GENERAL PROVISIONS

§ 1.5.201

§ 1.5.202