Temple City Municipal Code Ch. 2 Enforcement of Code

A. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code. Each such entity shall be guilty of a separate offense for each and every day during any portion of which the violation or failure to comply is committed, continued, permitted, suffered, or maintained, and shall be punished accordingly.

B. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment, unless:

1. Such requirement is classified as an infraction by the California Vehicle Code, this code, or any ordinance of the city;

2. The prosecuting attorney files a complaint charging the offense as an infraction;

3. The city manager or prosecuting attorney authorizes the issuance of a citation charging an offense as an infraction;

4. After filing of a misdemeanor complaint, the court, solely upon motion of the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction; or

5. An enforcement officer issues an administrative citation pursuant to chapter 4 of this title.

C. In addition to the penalties provided hereinabove, a violation of any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code shall be deemed a public nuisance and may be abated in the manner provided by law as such. Every day such violation continues shall be regarded as a new and separate offense. (Ord. 12-957)

Pursuant to the provisions of section 36900 of the California Government Code, the city manager or other designated city official may enforce the first and second violations by any person of any provisions of the Temple City municipal code as "infractions", while any subsequent violations shall be deemed and enforced as "misdemeanors". (1960 Code; amd. Ord. 86-581; Ord. 93-750; Ord. 95-787; Ord. 98-824; Ord. 98-825)

A violation of any provisions of this code expressly enforced as an infraction shall be punishable by a fine not to exceed that allowable by California state law, as set forth by city council resolution.

Failure to pay any penalty assessment imposed pursuant to the provisions of this code shall constitute a separate misdemeanor violation. (1960 Code; amd. Ord. 93-750; Ord. 98-825)

There is hereby imposed a reinspection fee on each person in violation of any provision of section 1-2-0-1 of this chapter when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice of violation. The fee shall not apply to the first scheduled inspection after service of the notice of violation, whether or not the correction is made. This fee is intended to compensate for administrative costs for unnecessary inspections, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines or penalties imposed for violations of the law.

The fee shall not exceed the cost necessary of providing the reinspection service as set forth by city council resolution. (1960 Code; amd. Ord. 93-750)

Persons confined under a final judgment of imprisonment for a violation of any of the provisions hereof may be required to perform labor on the streets or other public property or works of the city.

The phrase, "streets or other public property or works within the city", as used in this section shall include, among other things, clerical and menial labor in any camp, or other place, maintained for such persons.

The city manager may prescribe and enforce rules and regulations under which such labor is to be performed; and may provide clothing of such distinctive character for such persons as he, in his discretion, may deem proper. (1960 Code)

A. Any officer arresting any person for a violation of any provision of this code, who does not immediately take such code of the court. The notice shall contain:

• 1. The name and address of the person arrested;
• 2. The offense charged, the time and place of such alleged violation; and
• 3. Where and when such arrested person shall appear in court.

The time specified in the notice to appear must be at least five (5) days after such arrest. The place specified in the notice to appear, and said notice, shall be in conformity with all applicable provisions of the Penal Code of the state of California.

B. The arresting officer shall deliver one copy of the notice to appear to the alleged violator; the alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in said Penal Code of the state of California. (1960 Code)

Any person who wilfully violates his written promise to appear in court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. (1960 Code)

When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in said Penal Code of the state of California, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after such person has failed to appear as promised, or if such person promises to appear before an officer do so on or before the date with which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction for execution, a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (1960 Code)

Unless otherwise directed herein, the duty of enforcing the provisions of the code, shall be the responsibility of the city manager. (1960 Code)

Pursuant to the authority provided in section 995 of the Government Code of the state of California, the following claims procedures are hereby established for those claims hereinafter made or claimed against the city for money or damages not now governed by existing state law.

A. Claims are used in this section (and particularly as used in subsections B and C of this section) shall include:

1. All claims made by or on behalf of any public agency, governmental agency or the state of California or any political subdivision thereof; and

2. Any claim, set off or credit for salary or employee benefits submitted by any past or present employee of the city; and

3. Any other claim not specifically covered by the provisions of the Government Code of the state.

B. Notwithstanding the exemptions set forth in section 905 of the Government Code, all claims against the city for damages, money, reimbursement or other financial matters when a procedure for processing such claims is not otherwise provided by state or local law (specifically including claims by other governmental agencies or the state or a past or present employee) shall be presented within the time limitations and in the manner and mode prescribed by sections 910 through 915.2 of the Government Code of the state; and if not so presented shall be null and void.

C. All such claims shall also be subject to the provisions of section 945.4 of the Government Code of the state relating to the prohibition of litigation in the absence of proper presentation of claims to (and action thereon by) the city council. Ontario v. Sup. Ct. (1993) 16 CalRptr. 2d 32. (Ord. 93-748)