Tracy Municipal Code Ch. 1.16 Code Enforcement

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

(a) Criminal penalties, under chapter 1.04;

(b) Civil injunction and civil penalties, under section 1.16.060;

(c) Regarding land use and development, by the granting or denial of permits, the forfeiture and revocation of permits, or the recording of a notice of violation (See Title 10, Planning and Zoning, and Title 12, Subdivisions);

(d) Administrative citations and penalties, under chapter 1.28;

(e) Public nuisance abatement, under chapter 1.32;

(f) Building abatement, under any of the uniform building Codes adopted by the City in Title 9, Building Regulations;

(g) Recovery of attorneys' fees, under section 1.16.090;

(h) Recovery of treble damages, under section 1.16.100;

(i) Any other lawful authority.

For the purpose of enforcing this Code: (1) Any partner may be named or cited in enforcement against a partnership; (2) Any managing member may be named or cited in enforcement against a limited liability company; and (3) Any corporate officer may be named or cited in enforcement against a corporation.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1177, § 3, 1-15-2013; Ord. No. 1316, § 1(Exh. A), 9-21-2021)

A person who violates a provision of this Code is guilty of criminal violation (an infraction or a misdemeanor) as set forth in chapter 1.04.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

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.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

When the Code declares a certain crime to be punishable as an infraction or a misdemeanor, the punishment to be imposed in a particular case must be determined by the court authorized to pass sentence, within the limits prescribed for an infraction or a misdemeanor, as the case may be. At the court's request, the City shall provide to the court a recommended bail schedule to apply to those people who elect a bail forfeiture. The recommended bail for a violation may be approved by the City Council or City Attorney, or both.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

(a) If a person is arrested for any violation of this Code and is not immediately taken before a magistrate, the citation procedures in Penal Code section 853.6 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.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

(a) A violation of this Code may be enforced by any civil remedy, including by a civil injunction. The City Attorney is authorized to initiate any appropriate civil action.

(b) As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of one thousand dollars ($1,000) per violation of this Code for each day during which any person commits, continues, permits, or maintains a violation of any provision of this Code.

(c) The City Attorney is authorized to initiate any appropriate civil action and recover the civil penalties authorized by this section.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

A person who violates a provision of this Code or who fails to comply with a mandatory requirement of this Code is subject to an administrative citation and penalty. The administrative citation procedures and penalties are set forth in chapter 1.28.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

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 chapter 1.32 or other specific abatement procedures in this Code, or in accordance with the procedures set forth in the uniform Codes adopted under Title 9 (Building Regulations) if the condition constitutes a violation of one of those Codes.

(Ord. 1040 § 1 Exh. A (part), 2002)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

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

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that a property owner is responsible for a condition which may be abated as a nuisance, the court may order the property owner to pay treble (three (3) times) the cost of abatement. This section shall not apply to conditions abated pursuant to Section 17980 of the California Health and Safety Code

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)