Truckee Municipal Code Ch. 1.02 Violations

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code or any provisions of any ordinance of the Town not included within this Code. Any person violating any such provisions of this Code or any Code adopted by reference by this Code or any other Town ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. 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 this Code, or any provision of any Code adopted by reference by this Code, or of any other Town ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

(b) Any provision or requirement of this Code or otherwise as referred to above, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

Whenever in this Code or in any other ordinance or resolution of the Town or in any order, rule or regulation issued or promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, any person who willfully violates any such ordinance, regulation or duty to act shall be charged with an infraction or a misdemeanor at the discretion of the District Attorney or the Town Attorney depending upon the prosecuting entity.

(ORD 95-13 08-03-95)

Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

(a) Where a judgment imposes a punishment of a fine not exceeding One Hundred Dollars ($100) in the case of a first offense; or

(b) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction.

(a) Any conviction of a misdemeanor under provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(b) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction of a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500).

(c) Imprisonment for violation of any Town Ordinance shall be in the County Jail.

(Ord 2018-12, 10/23/2018)

The town attorney, by and at the request of the Town Council or Town staff, may institute an action in any court of competent jurisdiction to: (i) restrain, enjoin or abate any condition(s) found to be in violation of the provisions of this code, include its adopted codes; and/or (ii) collect a civil debt owing to the Town, as provided by law. The town attorney may designate another attorney to institute such action on behalf of the Town.

(Ord 2018-12, 10/23/2018)

(a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the Town.

(b) Any such violation or threatened violation as referred to in subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provisions of any other Town ordinance, shall be deemed a public nuisance which may be abated by the Town Attorney in a civil judicial action.

(a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.02.060 of this chapter, or other public nuisance, as defined under State law or by other ordinances or regulations, has been given notice, by or on behalf of the Town Attorney or by any other Town officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonable sufficient to enable such compliance, such non-complying person shall be liable to the Town for any and all costs and expenses to the Town involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice. Such costs and expenses may include, but are not limited to, any and all direct costs and expense related to such things as personnel salaries and benefits, operation overhead, rent, interest, fees for experts or consultants, claims against the Town arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(b) In any action, administrative proceeding or special proceeding commenced by the Town to abate a public nuisance, to enjoin violation of any provision of this code, including its adopted codes, or to collect a civil debt owing to the Town, if the Town elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. 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 Town in the action or proceeding. The Town shall be considered a prevailing party entitled to attorneys' fees hereunder when it can demonstrate that: 1. Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought; 2. The lawsuit was meritorious and achieved its result by "threat of victory"; and 3. The Town reasonably attempted to settle the litigation before filing the lawsuit.

(c) The provisions of subsections (a) and (b) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) The liability of any person for the payment of the costs and expenses provided for in subsections (a) and (b) of this section may be waived in whole or in part by the Town Attorney in any case wherein so determined, in the sole discretion of the Town Attorney, that the failure of refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the Town Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.

(e) Money due to the Town pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574, et seq. of the Government Code of the State relating to weed abatement assessments.

(Ord 2018-12, 10/23/2018)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the Town shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the personnel ordinances and rules and regulations of the Town, if applicable.

Whenever a notice is required to be given, or may be given, under any provision of this Code of any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the Town not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of the deposit in the post office or in the official receptacle thereof.

Proof of giving any notice may be made by the certificate of any officer or employee of this Town or by the affidavit or declaration under penalty of perjury of any person over the age of eighteen years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned.

(ORD 93-15 06-03-93)

The provisions of Section 836.5 of the Penal Code of the State authorize certain officers and employees of the Town to issue written Notice to Appear and Release Citations for violations of this Code which such officers or employees have the duty to enforce. The following officers and employees of the Town are hereby designated and authorized to issue such citations:

(a) Public Works:

(1) Public Works Director

(2) Road Supervisor

(3) Road Maintenance Lead Worker

(4) Road Maintenance Worker III

(b) Community Development:

(1) Chief Building Official

(2) Code Enforcement Officer

(3) Town Planner

(4) Planners

(c) Administrative Services:

(1) Finance Manager

(2) Administrative Analyst I/II

(d) Police Department:

(1) Support Services Manager

(2) Community Services Officer I/II

(ORD 93-26 09-16-93; 2021-05 10-12-21)