San Joaquin County Municipal Code Div. 2 Violations

Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor as set forth in Section 61621.5 of the Government Code. A misdemeanor may be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for no longer than six (6) months, or by both such fine and imprisonment, unless this code otherwise specifically provides. Any person violating this code shall be regarded as committing a separate offense on each day of such violation.

(Ord. 4210 § 2 (part), 2004)

Every person who causes, aids, abets or induces a violation of this code or conceals the fact of a violation of this code is guilty of violating this code.

(Ord. 4210 § 2 (part), 2004)

(a) Whenever any person is arrested for a violation of this code, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

The time specified in the notice to appear must be at least five (5) days after such arrest. The place specified in the notice to appear shall be either:

(1) Before a judge of the Superior Court within the County of San Joaquin; or

(2) Before an officer authorized by the County of San Joaquin to receive a deposit of bail.

The Officer shall deliver one (1) copy of the notice to appear to the arrested person and the arrested person in order to secure his or her release must give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his or her judgement, in accordance with the provisions of Section 1275 of the Penal Code will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceedings shall be had in such case.

Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California.

No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he or she has violated such promise or has failed to deposit bail, to appear for arraignment trial or judgement, or to comply with the terms and provisions of the judgement as required by law.

(b) Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(c) When a person signs a written promise to appear at the time and place specified in the written promise to appear and had not posted bail as provided herein, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure to appear as promised; or if such person promises to appear before an officer authorized to accept bail other than a magistrate, and fails to do so on or before the date on which he or she promised to appear, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after the delivery of such written promise to appear by the officer, to a magistrate having jurisdiction over the offense.

When such person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 4210 § 2 (part), 2004)

No person shall make any reports to the Sheriff-Public Administrator of this County or any of his or her staff, to any member of the California Highway Patrol or to any peace officer, based on information which said person knows to be false in whole or in part, with the intention of deceiving the person receiving the report.

(Ord. 4210 § 2 (part), 2004; Ord. No. 4619, § 1, 1-24-2023)

Unless otherwise provided by this code, in addition to the penalties provided by this code, this code may be enforced by civil action.

(Ord. 4210 § 2 (part), 2004)

Where this code grants a power to a public officer or employee, or imposes a duty upon him or her, the power may be exercised or the duty performed by his or her deputy or employee or by any person authorized by law or ordinance, unless this code otherwise specifically provides.

(Ord. 4210 § 2 (part), 2004)

Whenever this code requires that notice be given, unless this code specifically provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her last known business or residence address appearing in the public records or in other records of the matter for which notice is given Notice by mail shall be deemed served at the time of deposit in the United States mail.

(Ord. 4210 § 2 (part), 2004)

Unless otherwise provided by this code, proof of the giving of any notice may be made by the certificate of any officer or employee of this District or by the affidavit of any person more than eighteen (18) years of age. The certificate or affidavit shall show service conforming to this code or other applicable law.

(Ord. 4210 § 2 (part), 2004)

Under Section 53069.4 of the Government Code, violations of this code are subject to administrative fines or penalties. This Chapter sets forth the procedures for the imposition, enforcement, collection and administrative review of the administrative fines or penalties.

(Ord. 4210 § 2 (part), 2004)

The General Manager shall follow the procedures outlined below in the investigation and enforcement of violations of this title:

(a) Notice to Comply. When it is determined by the General Manager that a violation of this title exists, all known responsible persons shall be notified by registered or certified mail of the nature of the violation. The Notice shall state that said responsible persons have ten (10) working days in which to correct the violation. The General Manager may extend the ten (10) working day period if he or she determines that reasonable progress is being made to correct the violation.

(b) Notice to Appear. The General Manager or his or her authorized agent shall issue a Notice to Appear for office hearing to the responsible party in the following instances:

(1) When the ten (10) working day period noted in Subsection (a) has lapsed and the violation has not been corrected;

(2) When the extension period noted in Subsection (a) has lapsed and the violation has not been corrected;

(3) Immediately upon observing the responsible party committing a violation of this title.

(c) Office Hearing. The General Manager may conduct an office hearing at which the responsible person may present evidence concerning the noticed violation. No later than ten (10) days after the conclusion at the office hearing if the General Manager determines that there is a violation, the General Manager may impose fines or penalties under this Chapter by written decision giving the reasons for the decision.

(Ord. 4210 § 2 (part), 2004)

If the owner or anyone in possession objects to the General Manager's findings of violation, the owner or person in possession may, within thirty (30) days of notification of the violation, file a written appeal to the Board of Directors.

(Ord. 4210 § 2 (part), 2004)

(a) After timely receipt of an appeal filed pursuant to this Division, the Secretary to the Board of Directors will set the matter for hearing at least ten (10) days, but not later then sixty (60) days, from the date of receipt of the appeal. The Secretary will send written notice of the hearing to the appellant, the General Manager and any other party who has requested, in writing, such notification. The Board at its discretion may continue the hearing from time to time.

(b) After hearing the matter, the Board of Directors may sustain, modify or reverse the decision of the General Manager. The Board of Directors shall render its decision within ten (10) days of the hearing unless the appellant concurs with a longer period.

(c) Review of Final Administrative Decision. Twenty (20) days after the final administrative decision, a person contesting the decision may seek review in the Superior Court under Section 53069.4 of the Government Code.

(Ord. 4210 § 2 (part), 2004)

Every violation is subject to an administrative fine or penalty (1) not to exceed one hundred dollars ($100.00) for a first violation; (2) not to exceed two hundred dollars ($200.00) for a second violation of the same section of this code within one (1) year, and (3) not to exceed five hundred dollars ($500.00) for each additional violation of the same section of this code within one (1) year.

(Ord. 4210 § 2 (part), 2004)

The General Manager shall send the owner or person in possession of the property, notice of the administrative fine or penalty, which shall be due and payable within thirty (30) days or such other time as the General Manager indicates. If not paid, the administrative fine or penalty may be added to the water charge bill provided for in Section MH-5-3337 and may be collected in the same manner as water charge bills, including but not limited to water shut off.

(Ord. 4210 § 2 (part), 2004)