Placerville Municipal Code Ch. 4 Penalty

Pursuant to its authority, the city of Placerville adopts the procedures and remedies set forth in this title for the enforcement of this code and state codes adopted by the city. The purpose of this chapter and chapters 4A and 4B of this title is: (Ord. 1571, 5-8-2001; amd. Ord. 1642, 6-14-2011)

(A) To provide standards for the enforcement of this code and other applicable laws;

(B) To establish administrative sanctions for violations of this code and other applicable laws as an alternative to criminal or civil enforcement penalties;

(C) To establish a hierarchy of administrative sanctions and a prescribed method for enforcement through administrative hearings that are consistent with constitutional protections;

(D) To provide for administrative abatement to remedy code violations and to provide for the recovery of costs incurred in administrative abatement as allowed for by state law; and

(E) To provide for judicial review of final administrative orders or decisions made pursuant to this title in accordance with the procedures set forth in Code Of Civil Procedure sections 1094.5 and 1094.6.

Nothing in this chapter is intended to abridge or modify the authority of the city manager or other designated person to enforce this code through criminal or civil penalties where such remedies are designated by ordinance as appropriate. (Ord. 1571, 5-8-2001)

As used in this title:

ADMINISTRATIVE SANCTIONS: The sanctions set forth in this chapter for violation of this code or other applicable laws.

ADMINISTRATIVE VIOLATION: Any infringement or alleged infringement of this code or other applicable laws for which enforcement is to be handled through the administrative procedures established in this title.

APPLICABLE LAWS: Any provisions of this code, any state code as adopted by the city of Placerville, design standards adopted by the city of Placerville, and those state laws enforced by the city of Placerville which also have been designated by ordinance for enforcement pursuant to the procedures established in this title.

CITIZEN COMPLAINT: A report of an alleged violation of this code or other applicable laws by any person or entity. "Citizen complaint" means and includes a complaint by a city official or city employee only to the extent such official or employee is able to demonstrate a direct effect on his/her person or property as a result of the alleged violation.

DESIGN STANDARDS: Written design standards, design guidelines or development standards that may be adopted by resolution or ordinance from time to time by the city council and/or planning commission, or that may be adopted as part of the conditions of approval on any project, that govern development of land within the city and that are on file with the city clerk.

ENFORCEMENT AUTHORITY: The city manager or designated department head, building official, code enforcement officer or police official charged with responsibility for enforcement under this title.

ENTITLEMENT: Any project approval issued by the city council, the planning commission, or any other committee, commission or department as allowed for under procedures established by this code.

MEDIATION: A meeting held between the enforcement authority and a responsible person under the supervision of an impartial third party to informally resolve issues relating to alleged violations of this code or other applicable laws.

NOTICE OF ADMINISTRATIVE VIOLATION: The notice issued by the enforcement authority of an alleged infringement of this code or other applicable laws.

NOTICE TO CORRECT: The notice issued by the enforcement authority for required action to achieve compliance with this code or other applicable laws.

REASONABLE TIME(S): Between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday, inclusive, unless otherwise required by: a) an emergency impacting the safety or preservation of life or property; or b) the fact that the alleged violation of this code or other applicable laws only occurs at some other hour or on a weekend.

RESPONSIBLE PERSON: Any person or entity charged with or found to have violated this code or other applicable laws. "Responsible person" includes the parents and/or legal guardian of any person under the age of eighteen (18) who is charged with a violation of this code or other applicable laws. "Responsible person" shall also include the promoter, organizer or sponsor of any event who violates any provision of this code.

STOP ORDER: A written order issued by the enforcement authority or his/her designee that any and all work on a project, improvement or other development must cease on the terms and conditions set forth in the order. (Ord. 1571, 5-8-2001; amd. Ord. 1642, 6-14-2011)

Any violation of any ordinance of this code, of any provision of any state codes adopted by the city, or of any design standards, is declared to be a public nuisance, subject to redress as provided for in this title. (Ord. 1642, 6-14-2011)

The city of Placerville shall enforce the provisions of this code or other applicable laws through any of the following procedures:

(A) Administrative action concerning an administrative violation as provided for in chapter 4A of this title;

(B) Criminal action prosecuted in the name of the people of the state of California when a criminal violation is expressly provided for by ordinance;

(C) Civil action instituted by the city attorney in the name of the city of Placerville; or

(D) Abatement as authorized by chapter 4B of this title. (Ord. 1571, 5-8-2001)

(A) Misdemeanor: Any person convicted of a violation of this code shall be fined in a sum not to exceed one thousand dollars ($1,000.00) for any one offense, and the person may be confined in the county jail for a period of not to exceed six (6) months, or both.

(B) Infraction: Any person violating any of the following provisions or failing to comply with any of the following provisions of this code shall be guilty of an infraction, except for those cases designated and prosecuted as misdemeanors:

• 1. Title 3, chapters 3, 6, 7, 10 of this code (fire). (Ord. 1571, 5-8-2001)
• 2. Title 4, chapters 2, 3, 4 of this code (building). (Ord. 1642, 6-14-2011)
• 3. Title 5, chapter 1 of this code (business licenses).
• 4. Title 6, chapter 5 of this code (police).
• 5. Title 7, chapters 1, 2, 6, 7, 8, 9, 10 of this code (health).
• 6. Title 8, chapters 1, 3, 4, 5, 7, 8, 11, 13 of this code (streets, trees).
• 7. Title 10 of this code.
• 8. Title 9, chapters 3 and 4 of this code (parking).

Every violation determined to be an infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

(C) Enforcement: Every person convicted of a violation of any provision of this code where any duty is prescribed to be performed or obligation imposed, or when any act of a continuing nature is forbidden or declared to be unlawful, shall be guilty of a misdemeanor unless such violation is designated as an infraction. In either case, whether a misdemeanor or an infraction, a separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code. (Ord. 1571, 5-8-2001)

Any person in default of payment of any fine imposed shall be imprisoned in the city or county jail for a period of one day for each thirty dollars ($30.00) of the fine; provided that the term shall not exceed the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. (Ord. 1571, 5-8-2001)

Any person imprisoned under the provisions of this chapter may be put to work for the benefit of the city for the term of his/her imprisonment. (Ord. 1571, 5-8-2001)

When a person is convicted of a violation of any section of this code, any license previously issued to him by the city may be revoked by the court or by the governing body. (Ord. 1571, 5-8-2001)

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the governing body to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Ord. 1571, 5-8-2001)

The city manager shall have the power to designate by written order that particular officers and employees shall be authorized to issue citations for violations of the foregoing sections. (Ord. 1571, 5-8-2001)