Sonora Municipal Code § 1.08 General Penalties and Code Enforcement

Footnotes:

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Editor's note— Ord. 852, §§ 1, 2, adopted May 20, 2019, deleted and replaced the former Ch. 1.08, which derived from Ord. 496 § 1, 1976; and Ord. 751-A § 1, 2002.

It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of the Sonora Municipal Code. The city may enforce any such violation of the provisions of this Sonora Municipal Code by any one or more of the following methods, at the city's discretion:

A. Administrative citation and penalties, to the extent authorized by this code.

B. Denial, forfeiture, or revocation of any permit granted by the city.

C. Criminal penalties pursuant to this chapter.

D. Any other remedy available to the city, including civil injunction or abatement of public nuisance.

(Adopted by Ord. 852 on 5/20/2019.)

Each day during any portion of which a violation is committed, continued, or permitted is a new and separated offense. This section applies whether a provision of this code is prosecuted by criminal, administrative, civil, or other procedures.

(Adopted by Ord. 852 on 5/20/2019.)

A. Infraction. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of an infraction, unless the violation is specifically identified in this code as a misdemeanor. An infraction is punishable by:

1. A fine not exceeding one hundred dollars for a first violation.

2. A fine not exceeding two hundred dollars for a second violation of the same code provision within a twelve-month period.

3. A fine not exceeding five hundred dollars for each additional violation of the same code provision within a twelve-month period.

4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of two or more violations of the same code provision within a twelve-month period. For the purpose of this subsection, a bail forfeiture is considered a conviction of the offense charged.

5. An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial nor to a public defense unless arrested and not released.

B. Violation of Local Building and Safety Codes. Violations of the building and safety codes set forth in the Sonora Municipal Code are punishable by the following:

1. A fine not exceeding one hundred thirty dollars for a first violation.

2. A fine not exceeding seven hundred dollars for a second violation of the same code provision within a twelve-month period.

3. A fine not exceeding one thousand three hundred dollars for each additional violation of the same code provision within a twelve-month period.

4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same code provision within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. The city council shall establish a process for granting a hardship waiver by resolution to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

C. Misdemeanor. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of a misdemeanor if the violation is specifically identified in this code as a misdemeanor. A misdemeanor is punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both.

(Adopted by Ord. 852 on 5/20/2019.)

A person who is issued or granted a permit (including a land use entitlement or variance) by the city shall comply with each and every provision and condition of the permit. A person who violates or fails to comply with any provision or condition of the permit is in violation of this section, and is subject to punishment in accordance with this chapter, including proceedings for revocation of the permit or any other remedies available to the city by law.

(Adopted by Ord. 852 on 5/20/2019.)

A violation may be prosecuted by the city attorney or the district attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction.

(Adopted by Ord. 852 on 5/20/2019.)

A. If a person is arrested for any violation of this code and is not immediately taken before a magistrate, the citation procedures in Section 853.6 of the Penal Code shall apply.

B. It shall be unlawful, and a misdemeanor, for a person who is criminally cited for an infraction or a misdemeanor under this code to refuse to sign a written promise to appear.

(Adopted by Ord. 852 on 5/20/2019.)

Any condition caused or permitted to exist in violation of a provision of this code is a public nuisance. The condition may be abated in accordance with the procedures set forth in Sonora Municipal Code Chapter 14.01, Chapter 15.08, or Chapter 15.14, or other specific abatement procedures in this code if the condition constitutes a violation of one or more of those codes.

(Adopted by Ord. 852 on 5/20/2019.)

A. Costs. When proceedings under the Sonora Municipal Code result in the correction of a code violation or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of Sonora Municipal Code, all costs of such proceedings and abatement incurred by the city may be assessed against the responsible party, as the person responsible for the code violation; or the property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement. Such costs may include, but not limited to, those actual costs incurred in inspecting the condition or inspecting the property, publication, mailing and posting of notices, physical abatement through demolition, repair or replacement of buildings or removal of graffiti or other inscribed material, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the city in initiating administrative proceedings and legal actions to enforce abatement activities, including reasonable attorney's fees. It is the purpose of this section to allow the city to assess its costs for correcting any violation against the property, subject to any limitations imposed under state law.

B. Attorneys' Fees. Pursuant to Section 38773.5(b) of the Government Code, attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

C. Accounting of Abatement Costs. The director of finance shall keep an account of the administrative and other costs of abatement, and shall submit to the city council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the city clerk not later than ten days in advance of the confirmation hearing required below.

D. Clerk to Schedule Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the city clerk shall schedule a public hearing to receive protests and confirm the report.

E. Notice of Public Hearing to Confirm Report of Costs. Notice of the time, date and place of the hearing for the proposed assessment, together with reference to the report on file with the clerk, shall be given to the: (1) responsible party, as the person responsible for the code violation; and (2) the owner or owners of the real property on whose property an abatement lien or special assessment may be imposed, as shown on the last equalized assessment roll available on the date of mailing of the notice.

F. Time for Giving Notice. A notice of public hearing to confirm a report of costs shall be served not later than ten days in advance of the hearing.

G. Service of Notice.

1. Owner. Notice to the owner or owners of each property proposed to be assessed, shall be served in accordance with Section 1.20.080.

2. Responsible Party. Notice to responsible party proposed to be assessed, shall be served in accordance with Section 1.20.080.

3. Public Hearing. Notice of the time, date and place of the public hearing by the city council shall be published once in a newspaper of general circulation published within the city. Such publication shall be made no later than ten days in advance of the hearing.

4. Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.

H. Proof of Service. Proof of service by mail shall be effected in the manner set forth in Sonora Municipal Code Section 1.20.080. Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to do so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the city, and a copy of the published notice shall be affixed to such declaration.

I. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.

J. Public Hearing by City Council-Confirmation of Costs. Upon the day and hour fixed in the notice the city council shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. The city council may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the city council is satisfied with correctness of the charge, the report (as submitted or as revised, corrected or modified) shall be confirmed or rejected by motion or resolution. The city council may continue the hearing and delegate to the city administrator, or his designee, the responsibility of hearing individual protests and objections, and submitting a recommendation with respect thereto; provided, that the city council provides an opportunity for individual consideration of each protest or objection upon receipt of the recommendation by the city administrator or his designee. The decision of the city council on the report of costs and on all objections or protests shall be final and conclusive.

K. Personal Obligation. If, after the hearing at which each responsible party or property owner shall have the opportunity to address the issue, the city council orders the charge to be a personal obligation the individuals involved, then it shall direct the finance department to collect the amount of the charge on behalf of the City of Sonora by use of all appropriate legal remedies. If unable to collect this obligation, the city may refer the case to the city attorney to file a court action to recover the costs.

L. Special Assessment. If, after the hearing at which each property owner shall have the opportunity to address the issue, the city council orders that the charge be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against the property.

M. Nuisance Abatement Lien. If, after the hearing at which each property owner shall have the opportunity to address the issue, the city council orders that the charge be assessed against the property as an abatement lien authorized by Government Code Section 38773.1, as an alternative to the special assessment procedure described above, it shall confirm the lien amount, cause the same to be recorded in the county recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

N. Service of Confirmed Report of Costs. Promptly following confirmation of the report by the city council, the city clerk shall serve upon the responsible party or owner or owners, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items: (1) the amount of the confirmed costs, (2) demand that the same be paid in full to the city within thirty days from the date of service, and (3) a statement that failure to receive payment within the time allotted shall result in the costs becoming a personal obligation of the owner, a special assessment against the subject property, or a nuisance abatement lien against the subject property. Service of the confirmed report of costs shall be affected in the same manner as service of the notice of hearing as set forth in this section.

(Adopted by Ord. 852 on 5/20/2019.)

A. Cost Recovery If Not Paid within Thirty Days. If the costs as confirmed have not been received by the city within thirty days of the date notice thereof is effective, and the city council has ordered that such costs be assessed against a property, the costs shall be assessed against the parcel of land, as a special assessment or an abatement lien, as authorized by Section 38773.1 of the Government Code. Collection of the special assessment shall be in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment. An abatement lien may be foreclosed by an action brought by the city for a money judgment.

B. Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

C. Remedies Cumulative. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the director of finance or his or her designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Adopted by Ord. 852 on 5/20/2019.)

Pursuant to Section 25845.5 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Section 25845 of the Government Code, a court may order the owner to pay treble the costs of abatement.

(Adopted by Ord. 852 on 5/20/2019.)

Where the charge to be made is the result of summary abatement pursuant to Sonora Municipal Code Section 15.14.140 or Section 14.01.380 the city council may determine whether or not the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive.

(Adopted by Ord. 852 on 5/20/2019.)

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the assessment is ordered to be placed upon the assessment roll as provided herein.

(Adopted by Ord. 852 on 5/20/2019.)

A certified copy of the assessment shall be filed with the county auditor/controller on or before August 1. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the Tuolumne County Assessor for the current year.

(Adopted by Ord. 852 on 5/20/2019.)