Taft Municipal Code Ch. 1 City Code

The Taft Municipal Code, as compiled from the ordinances of the City of Taft, California, and edited and published by Sterling Codifiers, Inc., of Weiser, Idaho, is hereby adopted as the official code of the City of Taft. (Ord. 603, 10-19-1993)

This Code shall be known as the TAFT MUNICIPAL CODE and it shall be sufficient to refer to the Code as the "Taft Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of or repeal of the Taft Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Taft Municipal Code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that Code. (Ord. 603, 10-19-1993)

Whenever a reference is made to this Code as the Taft Municipal Code or to any portion thereof, or to any portion of the ordinances of Taft, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 603, 10-19-1993)

This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to sections 50022.1 through 50022.10 of the California Government Code. (Ord. 603, 10-19-1993)

Unless the context otherwise requires, the following words and phrases where used in City ordinances shall have the meaning and construction given in this section:

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 603, 10-19-1993)

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 603, 10-19-1993)

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or any part of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license, fee or penalty, or the penalty provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 603, 10-19-1993)

The Taft municipal code shall become effective on the date that the ordinance codified herein becomes effective. (Ord. 603, 10-19-1993)

If any section, subsection, sentence, clause, phrase, part or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 603, 10-19-1993)

(A) Any violation of any of the provisions of or failing to comply with any of the mandatory requirements of the ordinances of the City is a misdemeanor, unless the violation is made an infraction by ordinance or through the discretion of the enforcement officer, city attorney, or prosecuting counsel.

(B) Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

(C) Any violation of this code determined to be an infraction is punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year of the first violation.

(D) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation.

2. A fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance within one year.

3. A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one year of the first violation.

4. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) 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.

For fines issued under subsections C2, C3, D2, D3, and D4 of this section, the process in title 1, chapter 3, section 1-3-7 of this code for considering a hardship waiver to reduce the fine applies. For fines under this section, the City may change the capped amounts as needed by resolution of the council. For fines assessed under this section, it is within the discretion of the enforcement officer or other official authorized to issue such fine to determine the fine amount or any applicable reduction as the case may be in the interest of justice.

(E) When a violation at issue in an administrative citation subject to a fine or penalty pertains to any violation of title V (Building Regulations) or the title VI (Planning and Zoning), that does not create an immediate danger to health or safety, the responsible party(ies) shall be provided a reasonable period of time, not longer than thirty (30) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. Notwithstanding the foregoing, immediate imposition of administrative fines or penalties for the violation of title V (Building Regulations) or the title VI (Planning and Zoning) may be had if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is required in such circumstance if all of the following are true: (i) a tenant is in possession of the property that is the subject of the administrative action; (ii) the rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; (iii) the rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

(F) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. 694-02, 8-20-2002; amd. Ord. 852-23, 7-18-2023 ; Ord. 854-25, 10-21-2025 )

The following employees, agents and/or persons are authorized to enforce the provisions of this code: city manager, assistant city manager, public works director, public works foreman, wastewater treatment plant superintendent, community services officer, code enforcement officer, building official, building inspector, city engineer, director of planning and building, humane officer and sworn officers of the police and fire departments.

Pursuant to Government Code section 37104, et seq., the legislative body may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it and the subpoenas shall be signed by the Mayor and attested by the city clerk. (Ord. 603, 10-19-1993; amd. Ord. 852-23, 7-18-2023)

The city attorney or his designated representative, are authorized to prosecute criminal violations of this code in the Superior Court of California, Kern County. (Ord. 603, 10-19-1993; amd. Ord. 852-23, 7-18-2023)

(A) Recovery Authorized: The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the City shall not preclude the City from recovering its attorneys' fees and costs administratively or through another process as provided by law.

(B) A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the responsible party. (Ord. 852-23, 7-18-2023)