Victorville Municipal Code Art. VIII Violations and Penalties; Appeals

(a) Any person violating any of the provisions of or failing to comply with any of the requirements of this chapter, or any permit issued by the city thereunder, shall be guilty of an infraction or misdemeanor in accordance with Section 1.04.010 of this Code and subject to the penalty provisions set forth therein. Criminal citations may be issued by a code enforcement officer.

(b) Any person violating any of the provisions of or failing to comply with any of the requirements of this chapter, or any permit issued by the city thereunder, may be issued an administrative citation by a code enforcement officer in accordance with Chapter 1.05 of this Code.

(c) Any person violating any of the provisions of or failing to comply with any of the requirements of Section 10.02.640 of this chapter, may further be subject to any of the enforcement mechanisms and remedies specified in Sections 10.03.330 through 10.03.390 of Chapter 10.03 of this Code.

(d) To the extent that any rules and regulations adopted by the city council under Section 10.02.700 of this chapter so provide, any person violating any of the provisions of or failing to comply with any of the requirements of a WDP issued by the city to an industrial user, may further be subject to any of the enforcement mechanisms and remedies specified in Sections 10.03.320 through 10.03.390 of Chapter 10.03 of this Code.

(e) For purposes of subdivisions (c) and (d) of this section, to the extent the enforcement mechanisms and remedies specified in Sections 10.03.320 through 10.03.390 of Chapter 10.03 are utilized, any specific references in those sections to FOG Permits and/or requirements of FOG-specific violations shall not apply.

(f) Continued habitation of any building in violation of the provisions of this chapter is declared to be a public nuisance, and the city may cause proceedings to be brought for the abatement of the occupancy of the building during the period of such violation.

(g) Each and every day any such condition or violation continues shall be regarded as a new and separate offense.

(h) In addition to any other remedy specified in this chapter, or otherwise provided at law or in equity, any provision of this chapter may be enforced by injunction issued by the courts upon a civil suit brought by the city.

(i) Except as may otherwise be specified, each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the city manager or city attorney to seek cumulative remedies.

(Ord. No. 2363, § 3, 3-21-17)

(a) Except as may be otherwise set forth in specific sections of this chapter (or provided for in any section or chapter of this code referenced herein) any person adversely affected by a final administrative decision, action, determination or order made or issued by the city engineer or the director, may, within ten calendar days of the date such final administrative decision, action, determination or order is made or issued, appeal in writing to the city manager. Such appeal shall state concisely the grounds for the appeal. The city manager shall issue his decision or determination thereon in writing, and such decision shall be final unless timely appealed to the city council as set forth in subdivision (b), below.

(b) Any person aggrieved by a decision or determination of the city manager issued under subdivision (a) of this section, may, within ten (10) calendar days of the date the city manager issues his written decision or determination, appeal in writing to the city council for a hearing. The procedures set forth in Section 13.15.290(c) of Chapter 13 this Code shall apply to such appeals made to the city council. The decision of the city council following such appeal hearing shall be final and conclusive, but may be subject to judicial review.

(Ord. No. 2363, § 3, 3-21-17)

Except as may be otherwise set forth in specific sections of this chapter (or provided for in any section or chapter of the code referenced herein), any person adversely affected by a final administrative decision, action, determination or order made or issued by the building official under the provisions of this chapter may appeal such decision to the city's planning commission in accordance with the administrative decision provisions of Chapter 2, Article 2 (commencing with Section 16-2.02.010) of Title 16 of this Code. The planning commission decision is appealable to the city council in accordance with Chapter 2, Article 2 (commencing with Section 16-2.02.040) of Title 16 of this Code.

(Ord. No. 2363, § 3, 3-21-17)