Rancho Cordova Municipal Code Art. III Penalties

Notwithstanding the provisions of RCMC § 4.02.100, any person who violates any of the provisions of this chapter, or fails to comply with any of the regulatory requirements adopted by the director pursuant to this chapter, is guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed six months, or by both. In addition, each such person shall be required to pay any and all expenses necessary to bring the subject premises into compliance with this chapter and any regulatory requirements adopted by the director pursuant to this chapter. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, or regulatory requirements adopted by the director pursuant to this chapter, is committed, continued, or permitted by any such person, and he shall be punished accordingly.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

In addition to the penalties set forth in RCMC § 4.32.070 and consistent with the provisions of RCMC § 4.32.090, any storage of junk tires contrary to the provisions of this chapter, or any regulations adopted by the director pursuant to this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. The director may commence action for the abatement and removal and enjoinment of this public nuisance in the manner provided by law. The director may take such other steps and may apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such junk tires and restrain and enjoin any person, firm or corporation from using any premises contrary to the provisions of this chapter.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. In addition to the grounds set forth in RCMC § 4.10.135 and in addition to the penalties prescribed in RCMC § 4.32.070 and § 4.32.075, a special business license may be revoked during its term if the director finds in writing that one or more of the following grounds exist:

1. Violation by the licensee of any of the terms, conditions or requirements of this chapter;

2. Violation by the licensee of any administrative regulation or rule promulgated pursuant to the provisions of this chapter;

3. Failure of the licensee to comply with any applicable city, state or federal law; and

4. Refusal of the licensee to permit an inspection pursuant to RCMC § 4.32.045.

B. Except for the junk tires on the subject premises at the time of the revocation, no other junk tires shall be stored on the subject premises pending final determination of the revocation proceedings. Nothing in this section shall be construed as precluding the removal of any junk tires from the subject premises.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. In addition to the matters prescribed by RCMC § 4.10.145 and in addition to the penalties prescribed in RCMC § 4.32.070 and § 4.32.075, a special business license issued pursuant to this chapter may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal if the director finds that such temporary suspension is necessary to protect against a serious and immediate threat to public health, safety or welfare caused by the exercise of the license. In the event the director orders a temporary suspension, the notice of the suspension shall be delivered to the address of the agent designated in the application as authorized to accept service of legal process for each junk tire storage premises to which the suspension pertains. The notice shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the charges contained in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than 24 hours following the time and date of delivery of the notice.

B. Restoration of special business license privileges following a temporary suspension may be granted by the director upon the establishment of such terms, conditions and requirements as are reasonably necessary to protect the public health, safety and welfare of the city residents and visitors.

C. Except for the junk tires on the subject premises at the time of the temporary suspension, no other junk tires shall be stored on the subject premises pending final determination of the temporary suspension proceedings. Nothing in this section shall be construed as precluding the removal of any junk tires from the subject premises.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Junk tires stored in violation of this chapter are within the meaning of the term "rubbish" as that term is used in Chapter 6.58 SCC. The provisions of Chapter 6.58 SCC shall be applicable to abatement of violations of this chapter relating to junk tire storage. In the event that a particular premises is rented or leased or otherwise utilized by a person other than the property owner, that person, in addition to the property owner, shall be held responsible and liable for any costs of abatement that result from the implementation of this section. For the purposes of this chapter, nothing in Chapter 6.58 SCC or in this chapter shall be interpreted as imposing a requirement that the city, its officers, agents or employees remove or cause to be removed any junk tires stored contrary to this chapter.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Any action or proceeding commenced or continued by the director or the city against a person for violations of this chapter, or any regulations or rules adopted by the director pursuant to this chapter, shall be deemed actions or proceedings to enforce the police or regulatory power of the city.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The appeals procedure set forth in RCMC § 4.10.115 through § 4.10.155, as those sections relate to special business licenses, shall be applicable to this chapter relating to junk tire storage.

(SCC 635 § 1, 1985; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)