Windsor Municipal Code Art. 2 General Penalty

Footnotes:

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Editor's note— Ord. No. 2022-359, §§ 2, 3, adopted Mar. 2, 2022, repealed the former Art. 2, §§ 1-1-200—1-1-230, 1-1-232, 1-1-235—1-1-250, 1-1-252, 1-1-254, 1-1-256, 1-1-260, 1-1-270, 1-1-275, and 1-1-280, and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to Code enforcement, and derived from Ord. No. 2001-143 §§ 1 (part), 2 (part); Ord. No. 2004-176 § 1; and Ord. No. 97-98.

A. A violation of this Code, including any condition caused or permitted to exist in violation of any of the provisions of this Code, or California law, is unlawful and shall constitute a public nuisance. In addition to the foregoing, it shall be unlawful, prohibited, and a violation of this Code to violate any term or condition of any license, permit, agreement, or approval granted or issued pursuant to this Code. Any such violation is unlawful and shall constitute a public nuisance.

B. The Town Manager, or any person or body designated by the Town Manager, may pursue any remedies provided within this Code or under any applicable state or federal statute for any violation of this Code. The remedies available of the Town shall not be exclusive and may be pursued in addition to any other available criminal, civil, or administrative remedy established under this Code or under applicable state law or otherwise. The Town Manager, or any person or body designated by the Town Manager, may inspect any public or private property located within the Town for any suspected violations of this Code.

C. For the purposes of this article, this Code shall mean the Town of Windsor Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. A separate offense shall be deemed committed each and every calendar day a violation of any provision of this Code occurs or continues.

B. With respect to provisions of this Code relating to parking time limitations a separate offense shall be deemed committed for each unit of parking time limitation a vehicle is stopped, parked or left standing in violation of any such provision.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. Unless otherwise specifically provided, a violation of any provision of this Code is a misdemeanor. Notwithstanding the preceding sentence or any other provision of this Code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor pursuant to this Code shall be punished by a fine or by imprisonment not to exceed the maximum amount or time, respectively, allowed by law, or by both such fine and imprisonment. Any person convicted of an infraction pursuant to this Code shall be punished by a fine not to exceed the maximum amount allowed by law.

(Ord. No. 2022-359, § 3, 3-2-2022)

In addition to, or in lieu of the remedies provided in this article or this Code, the Town may commence an action for abatement, including, but not limited to, an injunction thereof, nuisance abatement action, abatement warrant, inspection warrant, and/or appointment of a receiver, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove violations and restrain and enjoin any person from violating any provisions of this Code, or other applicable laws and regulations. All costs of such abatement shall be recoverable.

(Ord. No. 2022-359, § 3, 3-2-2022)

In addition to or in lieu of the remedies provided in this article or this Code, the Town may initiate administrative enforcement proceedings under the provisions of Article 3 or 4 of Chapter 1.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. Public Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this Code, resolution of the Town council, or statute of the state of California may be abated as provided by this article or as otherwise provided by this Code.

B. Summary Abatement. Whenever, in the reasonable judgment of the enforcement officer, the existence or continuance of any public nuisance poses an imminent or immediate danger of significant harm to persons or property, or to the health, welfare, or safety of the public at large, an enforcement officer may act to abate such nuisance. Enforcement officers acting in the public interest on public nuisances requiring summary abatement are responsible for their acts and the acts of their subordinates, but the expense or cost resulting from such summary abatement shall be enforceable as a personal obligation of the person(s) or entity responsible for the nuisance. The expense of summary abatement is collectible as a lien or a special assessment as described in Section 1-1-270.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. If a judicial order or administrative order allows the Town to abate a public nuisance, the Town official responsible for the abatement project shall keep an account of the cost of abatement and shall render a written report to the Town Council showing the cost of removing and/or abating the nuisance. In any civil action, administrative proceeding, or special proceeding to abate a public nuisance in which the Town elects to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover reasonable attorneys' fees; provided, that the award does not exceed the amount of reasonable attorneys' fees incurred by the Town in the action or proceeding. Before the report is submitted to the Town Council, a copy shall be posted for at least three (3) business days on the bulletin board of the Town Hall with a notice of the time and place when the report will be submitted to the Town Council for confirmation. A copy of the report and notice shall be mailed to the violator, or owner of the property where the nuisance existed if the nuisance concerned real property, at the address shown on the last tax roll. The copy of the report and notice shall be mailed at least ten (10) days prior to the submission of the report to the Town Council.

B. At the time and place fixed for receiving and considering the report, the Town Council shall hear a summary of the report and any objections by the violator or property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement. After considering the report and any objections thereto, the Town Council may make such modifications to the report, as it deems appropriate, after which the report shall be confirmed by resolution or order.

C. Liens. Any fines or penalties imposed for violations of this Code, including any other codes or statutes that have been incorporated into this Code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this article may be enforced by the recordation of a lien against the property of the violator or the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the County Recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this section shall specify the amount of the lien, the name of the Town on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. Before recordation of a lien authorized by this section, notice shall be served in accordance with Government Code Section 38773.1 on the owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current.

D. Special Assessments. As an alternative to the lien procedure described above, any fines or penalties imposed for violations of this Code, including any other codes or statutes that have been incorporated into this Code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this article, may become a special assessment and lien against the real property where the nuisance condition existed. Any special assessment imposed on real property pursuant to this section may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the property owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment.

E. Attorneys' Fees. In any civil action, administrative proceeding, or special proceeding to abate a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys' fees; provided, that the award does not exceed the amount of reasonable attorneys' fees incurred by the Town in the action or proceeding.

(Ord. No. 2022-359, § 3, 3-2-2022)

A violation of a public health order is a violation of this Code. "Public health order" means any order issued by the county public health officer, the state public health officer, or a federal agency; any federal, state, or local guidance or directives issued by the federal, state, or county public health officer containing mandatory, binding, or enforceable obligations applicable to the public; or any site- or industry-specific protocols required by federal, state, or local jurisdictions.

(Ord. No. 2022-359, § 3, 3-2-2022)