San Joaquin County Municipal Code Div. 7 Enforcement Procedures

It is the intent of this division to specify enforcement procedures for violations of Division 1, (Building Regulations), Division 2 (Electrical Regulations), Division 3 (Plumbing Regulations) and Division 6 (Mechanical Regulations) of Title 8.

(Ord. 3464)

The Building Official shall follow the procedures outlined below in the investigation and enforcement of violations of the title:

(a) Notice to Comply. When it is determined by the Building Official 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 seven (7) working days in which to correct the violation. The Building Official may extend the seven (7) working day period if he determines that reasonable progress is being made to correct the violation.

(b) Notice to Appear Citation. The Building Official or his authorized agent shall issue a Notice to Appear citation to the responsible party in the following instances:

(1) When the seven (7) 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.

If, after the Notice to Appear citation is issued, the responsible party has complied with all applicable provisions of this title, the citation may be dismissed by the Building Official. The responsible party shall provide the proof of correction by the Building Official to the Court Clerk.

(c) Infraction. The responsible person(s) shall be guilty of an infraction if the violation still exists after the seven (7) working day period, or any extensions thereto, has lapsed, or immediately upon being observed in violation of any provision of this title. Each day, or portion thereof, the violation still exists shall be a new and separate offense. The first three (3) violations of the same section of this chapter on the same property shall be considered infractions and shall be punished as follows:

(1) For the first violation, a fine of one hundred (100) dollars, plus any additional penalties assessed by the Court.

(2) For the second violation, a fine of two hundred (200) dollars, plus any additional penalties assessed by the Court.

(3) For the third violation, a fine of five hundred (500) dollars, plus any additional penalties assessed by the Court.

(d) Misdemeanor. If the number of violations of the same section of this title on the same property exceeds three (3), the responsible person(s) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as follows:

(1) By a fine of not more than five hundred dollars; or

(2) By imprisonment in the County Jail for a term of not more than six (6) months; or

(3) By such fine and/or imprisonment as noted in Subsections (d)(1) and (d)(2).

(e) Action by District Attorney. Notwithstanding Subsections (a) through (c), the District Attorney may file a misdemeanor for any violation of this title and shall take other steps and apply to such court as may have jurisdiction to grant such relief.

(Ord. 3464)

All fines and fees collected under the provisions of this title shall be paid into the County Treasury, to the credit of the General Fund.

(Ord. 3464)

(a) Recording Notice. Whenever the Building Official or his authorized agent determines that a violation of the regulations specified in Section 8-7000 exists, the Building Official or his authorized agent may record a Notice of Code Violation with the Office of the County Recorder. The owner(s) of record of the property on which the violation is situated and any other person responsible for the violation shall be notified of the recordation. Notice to the owner(s) shall be sent to the address shown on the most recent tax roll. An office hearing with the Building Official may be requested within twenty (20) days of receiving the intent to record a Notice of Code Violation.

(b) Releasing Notice. The Building Official or his authorized agent shall submit a Release of Notice of Code Violation to the County Recorder when it is determined that noncomplying conditions have been corrected or removed. A fee, as set forth in the San Joaquin County Building Code Fee Schedule, may be charged the property owner for submittal of a Release of Notice of Code Violation.

(Ord. 3464)