Victorville Municipal Code Ch. 1.04 Violations

Footnotes:

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Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, amended chapter 1.04 in its entirety to read as herein set out. Former chapter 1.04, §§ 1.04.010—1.04.1.04.110, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

(a) No person shall violate any of the provisions, or fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the requirements of this code, unless otherwise specified in particular titles, chapters, or sections of this code, shall be guilty of a misdemeanor, except as authorized in subsection (b), and upon conviction thereof, the penalty shall be in accordance with California Penal Code Section 19.

(b) Notwithstanding the provisions of subsection (a), either the City Attorney, his or her designee, or any officer issuing a citation hereunder, may issue the citation as an infraction. Further, at the discretion of the City Attorney or his or her designee, any complaint or citation issued as a misdemeanor may be reduced to an infraction. Further, where specified in a title, chapter or section of this code that a violation of such title, chapter, or section shall be an infraction, any person violating such title, chapter or section shall be guilty of an infraction and upon conviction thereof, the penalty shall be:

(1) A base fine not exceeding one hundred dollars for a first violation;

(2) A base fine not exceeding two hundred dollars for a second violation of the same code section within one year of the date of the conviction of the first offense;

(3) A base fine not exceeding four hundred dollars for a third violation of the same code section within one year of the date of the conviction of the first offense; and

(4) A base fine not exceeding one thousand dollars for each additional violation of the same code section within one year of the date of the conviction of the first offense.

(c) In addition to the penalties described in subsections (a) and (b) of this section, any person found guilty of a violation of a title, chapter, or section of this code, shall be ordered to comply with the requirements of such title, chapter or section of this code.

(d) In addition to the penalties provided in subsections (a) and (b) of this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 2303, § 1, 12-3-2013)

In the event any legal or administrative action is taken by the city, whether civil or criminal in nature, to recover damages or to enforce any provisions of this entire Municipal Code, including the Development Code, or any other codes or provisions adopted by reference by either of the foregoing, the prevailing party shall recover from, and any such person shall pay, all attorney's fees incurred by losing party. Attorney's fees awarded to the city may be collected via lien or special assessment as provided in Section 1.04.070.

(Ord. No. 2303, § 1, 12-3-2013)

The violation of any administrative provision of this code by an officer or employee of the city may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of the rules and regulations of the city.

(Ord. No. 2303, § 1, 12-3-2013)

Sections 1.04.030 through 1.04.080 shall apply to all sections of the Victorville Municipal Code and to all ordinances of the city, including those ordinances hereafter enacted.

(Ord. No. 2303, § 1, 12-3-2013)

A code enforcement officer is authorized, pursuant to California Penal Code § 19.7 and 836.5, and by this chapter, to arrest a person without a warrant whenever the code enforcement officer has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the code enforcement officer's presence in violation of the Municipal Code or any code adopted by reference in this Code.

(a) If a person is arrested by a code enforcement officer, the code enforcement officer shall issue a notice to appear and may release such person, pursuant to California Penal Code § 853.5 and 853.6, on his or her written and signed promise to appear in court.

(b) If the person arrested demands to be taken before a magistrate or refuses to sign the notice to appear, the code enforcement officer may either release the person arrested and note "refused" on the signature line, or have that person transported by police department personnel to the San Bernardino County Superior Court, Victorville District pursuant to Penal Code section 849(a).

(c) The matter may also be referred to the City Attorney requesting that a complaint be prepared and filed against that person.

(Ord. No. 2303, § 1, 12-3-2013)

The City Attorney or his or her designee shall appear at any court hearing at which the city is required to appear for the purpose of prosecuting the misdemeanor violation case and submitting on behalf of the city any witness testimony and/or other evidence to the court on the violation committed as listed in the field citation or criminal misdemeanor complaint. The City Attorney shall have the discretion to do as it deems appropriate with the case, including but not limited to reducing any misdemeanor violation to an infraction violation. The City Attorney or his or designee may contact the code enforcement officer or authorized enforcement agent involved with the particular misdemeanor violation proceeding for assistance with the misdemeanor case.

(Ord. No. 2303, § 1, 12-3-2013)

Nothing in this code is intended to prohibit or preclude the city from seeking and recovering restitution in any misdemeanor violation proceeding.

(Ord. No. 2303, § 1, 12-3-2013)

(a) Property owners and/or other responsible parties found in violation of any provision of this Code shall be charged for all city costs and incidental expenses incurred in abating violations of this code, including and not limited to the actual costs of the city in preparing notices, correspondence, specifications and contracts; staff costs related to inspections of the property; the costs of printing and mailings; costs related to inspection warrants; costs related to office hearings and administrative adjudications; all costs or expenses for which the city may be liable under state law arising from or related to the nuisance action; and all costs or expenses to which the city may be entitled pursuant to Health and Safety Code Section 101325 and other statutory entitlement.

(b) Costs shall begin to accrue at enforcement case creation if violations are confirmed by the enforcement officer. Related enforcement notices shall include a statement notifying the property owner of the ongoing and accruing cost recovery fees due to non-compliance. The city may impose a special assessment against the property that is the subject of an enforcement case where violations exist and cost recovery is being assessed. The special assessment shall be enforced through a notice of pendency recorded on the property or by way of a tax lien filed on the property in accordance with Section 6.36.085.

(c) The code enforcement officer or inspection official shall maintain an itemized statement of costs regarding open cases for prompt submission to the director of finance or designee.

(d) A copy of the cost recovery shall be provided to the property owner upon request or completion of the case.

(Ord. No. 2303, § 1, 12-3-2013)

All remedies prescribed under this code shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions herein.

(Ord. No. 2303, § 1, 12-3-2013)