Piedmont Municipal Code Art. III Inspection and Enforcement

Unless otherwise specified by ordinance, the violations of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor; except that not withstanding any other provisions of this Chapter, any such violation constituting a misdemeanor under this Chapter may, in the discretion of the enforcing authority be charged and prosecuted as an infraction.

Any person violating or failing to comply with any of the following provisions of this ordinance shall be guilty of an infraction, which shall be enforced and punishable in the manner prescribed by the Penal Code and the Government Code of the State of California or abated as a nuisance as provided in Chapter 12 of the Piedmont City Code.

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision subsequent violations within a twelve (12) month period may be charged as a misdemeanor.

Unless otherwise provided, a person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person, firm, corporation, or organization and shall be punishable accordingly as herein provided.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.

WATER ACT AND/OR PORTER COLOGNE ACT.

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Any person who violates any provision of this Chapter, any provision of any permit issued pursuant to the Chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease an desist order, prohibition, effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and any amendments thereto and shall be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this Article shall also include notice to the violator of such potential liability. (Ord. 694 N.S. 09/2010)

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisances may be taken by the City Attorney as provided in Chapter 6 of this code including the assessment of the costs of abatement which may be collected at the same time and in the same manner as ordinary municipal taxes as provided by Government Code Section 38773.5 and by civil action to abate, enjoin or otherwise compel the cessation of such nuisance by the City. (Ord. 694 N.S. 09/2010)

SEC.30.21 CALIFORNIA CODE OF CIVIL PROCEDURE. SECTION 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of City decisions pursuant to this Chapter.

In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action the City may seek, and the court shall grant, as appropriate, the following remedies:

(1) A temporary or permanent injunction.

(2) Assessment of the violator for the cost of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(3) Costs incurred in removing, correcting, or terminating the adverse effects resulting

from the violation.

(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and

aquatic life. Assessments under this subsection shall be paid to the City to be used

exclusively for costs associated with monitoring and establishing storm water

discharge pollution control systems and/or implementing or enforcing the

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provisions of this ordinance.

Authorized enforcement officials shall have and are hereby vested with the authority to arrest or cite any person who violates any Section of this Code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).

Such authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this Chapter.

(Bail for infractions shall be as set by resolution of the City Council.)

14 Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.