San Joaquin County Municipal Code Ch. 2 Violations, Citations, Penalties

The purpose and authority for this chapter is as follows:

(a) Pursuant to the authority granted to the Board by the State, including but not limited to Government Code Sections 25845 and 53069.4, it is the intent and purpose of this chapter to identify what constitutes a violation of this code, to enumerate the consequences of such a violation, and to provide a comprehensive code enforcement program that incorporates a variety of enforcement remedies to insure compliance with this code while providing due process to any affected persons.

(b) The Board finds that fair and effective code enforcement is needed to protect the health, safety, and welfare of County residents and to maintain a healthy economic climate in the County.

(Ord. No. 4513, 8-7-2018)

Violations of this code are as follows:

(a) Violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a violation of this code.

(b) Misdemeanors. Every violation of this code determined to be a misdemeanor may be punished by a fine/penalty of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for no longer than six (6) months, or by both such fine/penalty and imprisonment, unless otherwise specified in law or this code.

(c) Infractions. Every violation of this code determined to be an infraction is punishable by a fine/penalty not exceeding one hundred dollars ($100.00) for a first violation; a fine/penalty not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; and a fine/penalty not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year, unless otherwise specified in law or this code.

(Ord. No. 4513, 8-7-2018)

Any condition existing in violation of this code constitutes a nuisance and may be abated by this County pursuant to this Division or as otherwise authorized by law or ordinance.

(Ord. No. 4513, 8-7-2018)

To cause, aid, abet, induce a violation of this code, or conceal the fact of a violation of this code constitutes a violation of this code.

(Ord. No. 4513, 8-7-2018)

Each separate day or portion thereof that any person violates or continues to violate this code shall constitute a separate offense.

(Ord. No. 4513, 8-7-2018)

No person shall make any report to any law enforcement official of this County or any of their staff, to any member of the California Highway Patrol, to any peace officer, or to an Enforcement Official 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. No. 4513, 8-7-2018)

The Enforcement Official is responsible for enforcing this chapter. Their duties include, but are not limited to the investigation of reported or suspected violations of this code, determination of whether any violation(s) of the code has occurred, and, pursuant to this chapter, or as otherwise authorized by law or ordinance correcting or abating any violation of this code.

(Ord. No. 4513, 8-7-2018)

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

(Ord. No. 4513, 8-7-2018)

Nothing in this code is intended, nor shall be deemed or construed, to impose:

(a) Any liability upon the County for any injury to persons or damage to property alleged to result from any act or failure to act by the County;

(b) A mandatory duty upon the County for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result from the failure of the County to discharge a duty imposed by this code.

(Ord. No. 4513, 8-7-2018)

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 their last known business or residence address appearing in the public records or in other records of the matter for which notice is given. Notice shall be deemed served at the time of personal service or at the time of deposit in the United States mail.

(Ord. No. 4513, 8-7-2018)

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 County 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. No. 4513, 8-7-2018)

The Enforcement Official may, upon presentation of proper credentials, enter private or public property to inspect and/or investigate to obtain information relative to any reported or discovered violation of this code that exists or was reported to have existed on that property, including but not limited to a physical inspection of the property and/or records (whether stored on or off the property). The Enforcement Official may also take statements of witnesses and review any other evidence that they believe may assist in making a decision regarding any reported or discovered violation of this code. The Enforcement Official's inspection and/or investigation of the property and/or related evidence shall be with the goal of determining whether the reported or discovered violation of this code occurred and/or is on-going and obtaining information on parties responsible for the reported or discovered violation of this title.

(Ord. No. 4513, 8-7-2018)

The Enforcement Official may seek an inspection warrant as follows:

(a) When a structure or property appears occupied and there is a report of the existence of a violation of this code or other reason to believe that a violation of this code exists or occurred on the property, but the owner or other person in possession or control of the property refuses to allow the Enforcement Official onto the property to inspect and/or investigate, or when circumstances justify not first seeking consent to inspect, the Enforcement Official may seek an inspection warrant pursuant to Sections 1822.50 et seq. of the Code of Civil Procedure to enter and inspect the property.

(b) The Enforcement Official shall not gain access to the property through forcible entry unless the inspection warrant expressly authorizes forcible entry.

(Ord. No. 4513, 8-7-2018)

No inspection warrant or consent shall be required when the Enforcement Official believes there is an immediate threat or danger to the public health or safety and immediate abatement of any violation of this code is justified under Section 9-1905.21 of this chapter. Entry pursuant to this section includes and allows forcible entry if necessary to abate an immediate threat or danger to the public health or safety.

(Ord. No. 4513, 8-7-2018)

The Enforcement Official may conduct and charge for a special investigation of unpermitted work as follows:

(a) When any work or use for which a County permit is required by this code has been commenced without first obtaining such a permit, the Enforcement Official may conduct a special investigation before the permit may be issued.

(b) The Board may establish and charge an investigation fee, in addition to the permit fee, that shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee.

(Ord. No. 4513, 8-7-2018)

When a responsible party does not abate a violation within the time specified in the notice of violation and the Enforcement Official determines that they must reinspect to determine compliance, then the County may charge a reinspection fee as follows:

(a) A responsible party must be given written notice that a reinspection fee will be charged when a responsible party fails to correct violations after the initial inspection and one (1) compliance inspection.

(b) The Board may establish and charge a reinspection fee.

(Ord. No. 4513, 8-7-2018)

The County may bring a civil action to enforce this code as follows:

(a) Unless otherwise provided by this code, in addition to the fines/penalties provided by this code, the County may bring a civil action to enforce this code, including to enjoin or abate a violation of this code.

(b) In any civil action brought pursuant to this chapter, the County may recover all costs and expenses, including, but not limited to, costs of investigation and discovery.

(c) In any civil action brought pursuant to this chapter, the prevailing party may be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by either parties' counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the County's Office of the County Counsel and shall not exceed the amount of reasonable attorney's fees incurred by the County in the civil action or proceeding.

(d) Except as provided in subsection (e), any responsible party found to have violated this code shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation.

(e) Alternatively, any responsible party who violates this code by the construction of a dwelling unit or conversion of a structure for human habitation without any permit required by this code may, alternatively to subsection (d), be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure, or in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion.

(Ord. No. 4513, 8-7-2018)

The Enforcement Official may issue citations for violations of this code as follows:

(a) The Enforcement Official is authorized pursuant to Section 836.5 of the Penal Code and Chapter 5C (commencing with § 853.5) of Title 3 of Part 2 of the Penal Code and this code to issue citations for violations of this code.

(b) Whenever any person is arrested/cited 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 Enforcement Official shall release the responsible party and prepare a notice to appear according to the procedures set forth in Sections 853.5 or 853.6 of the Penal Code. The notice to appear shall be prepared in duplicate and contain the name and address of such person, the offense charged, and the time and place where and when the responsible party shall appear in court.

(c) The time specified in the notice to appear must be at least ten (10) days after the issuance of the citation and issuance of the Notice to Appear.

(Ord. No. 4513, 8-7-2018)

The County may deny permits, licenses, or other entitlements based on existing violations of this code as follows:

(a) Except as otherwise provided by law, the County shall not issue or grant approval of any permits, licenses, or other entitlements regarding any real property with respect to which there exists a violation of this code.

(b) The County shall refuse to issue or grant a permit, license, or other entitlement under this section whether the applicant was the owner of record of the real property with respect to which there exists a violation of this code at the time of violation or whether the applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of their interest in the real property.

(c) The County shall provide written notice of the refusal to issue or grant approval of any permit, license, or other entitlement to the applicant and shall describe the violation and the action necessary to abate the violation.

(Ord. No. 4513, 8-7-2018)

Any applicant aggrieved by a decision of the County to refuse to issue or grant approval of any permits, licenses, or other entitlements pursuant to Section 1-2019 of this chapter may file a written appeal with the issuing County department within ten (10) days of the date of the issuance of the written notice of such refusal. The County department shall then facilitate the appellant's selection of a Hearing Officer appointed pursuant to Title 2, Division 3, Chapter 5 of this code to conduct a hearing on the appeal.

(a) The refusal to issue/grant any permits, licenses, or other entitlements pursuant to this Chapter shall remain in full force and effect until modified or rescinded by the issuing Department or the Hearing Officer's decision affirms, reverses, or modifies it.

(b) Within ten (10) days of the completion of the appeal proceeding, the Hearing Officer shall mail the final written decision on the appeal to the parties and to the Clerk of the Board.

(c) The Hearing Officer's written decision shall be final and shall be enforceable five (5) days after the appellant receives the written decision. Receipt will be presumed to have occurred 5 days after the Hearing Officer mailed the decision to the appellant.

(d) If the Hearing Official's written decision is in favor of the County and against the appellant, the costs incurred by the County in holding the hearing with the Hearing Officer shall be added to other costs of abatement, if any.

(e) The Board may, by resolution, establish a fee for filing an appeal pursuant to this section.

(Ord. No. 4513, 8-7-2018)

In addition to other provisions of this code, in any action to abate a violation, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the violation is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs as allowed by Section 25845 of the Government Code shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.

(Ord. No. 4513, 8-7-2018)

Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, nor shall be deemed or construed, to limit or impair the ability of the County, or any of its officers, agents, or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any violations.

(Ord. No. 4513, 8-7-2018)

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its attorney's fees. Recovery of attorney's fees to the prevailing party shall be limited to those individual actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County in the action or proceeding.

(Ord. No. 4513, 8-7-2018)

Any person who fails to pay to the County any fine/penalty imposed pursuant to this chapter on or before the date that the fine/penalty is due also shall be liable for the payment of any applicable late payment charge as may be adopted by the Board by resolution.

(Ord. No. 4513, 8-7-2018)

The County may collect any past due citation fine/penalty, late payment charge(s), and its collections costs by use of all available legal means. The failure of any person to pay a fine/penalty assessed by a citation or a late payment charge or collections costs related to a citation, by the due date shall constitute a debt to the County. The County may seek payment of the debt by use of all available legal means.

(Ord. No. 4513, 8-7-2018)

Any person aggrieved by an administrative decision of the Hearing Officer under this chapter of regarding the imposition, enforcement, or collection of an administrative fine/penalty may obtain review of that administrative decision by filing a petition for review with the Superior Court in San Joaquin County in accordance with the provisions set forth in Section 53069.4 of the Government Code.

(Ord. No. 4513, 8-7-2018)