San Joaquin County Municipal Code Ch. 3 Enforcement Regulations

It is the intent of this chapter to specify enforcement proceedings for violations of Division 1 of Title 4.

(Ord. 4343 § 1 (part), 2007)

The Fire Warden 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 Fire Warden that a violation of this title exists, all known responsible person shall be notified by registered or certified mail of the nature of the violation. The Notice shall state that said responsible person have seven (7) working days in which to correct the violation. The Fire Warden may extend the seven (7) working day period if he determined that reasonable progress is being made to correct the violation.

(b) Notice to Appear Citation. The Fire Warden or 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.

(c) Dismissal of Notice to Appear Citation. If after the "Notice to Appear" citation is issued, the responsible party has complied with all applicable provisions of this title, the Fire Warden may dismiss the citation. The responsible party shall provide the proof of correction by the Fire Warden to the Court Clerk.

(d) 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 extension 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 dollars ($100.00) plus any additional penalties assessed by the court.

(2) For the second violation, a fine of two hundred dollars ($200.00) plus any additional penalties assessed by the court.

(3) For the third violation, a fine of five hundred dollars ($500.00) plus any additional penalties assessed by the court.

(e) 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 ($500.00); 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 (e)(1) and (e)(2).

(f) 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. 4343 § 1 (part), 2007)

(a) Recording Notice. Whenever the Fire Warden or authorized agent determines that a violation of the regulations specified in Title 4 exists, the Fire Warden or 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 persons 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 Fire Warden may be requested within twenty (20) days of receiving the intent to record a Notice of Code Violation.

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

(Ord. 4343 § 1 (part), 2007)

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

(Ord. 4343 § 1 (part), 2007)