Yuba County Municipal Code Art. 8 Infractions

This Article is adopted pursuant to the authority vested in the County by Government Code § 25132.

(Prior Code, § 7.36.810; Ord. No. 1303)

Any Enforcement Official or any law enforcement officer with jurisdiction within the County of Yuba may issue a citation pursuant to Section 7.36.840; provided, however, that Enforcement Officials other than law enforcement officers may issue citations only upon order of the Chief Code Enforcement Officer or the head of the affected Department.

(Prior Code, § 7.36.820; Ord. No. 1303)

Whenever necessary to enforce any of the provisions of this Code, or whenever an Enforcement Official has reasonable cause to believe that there exist in or upon any premises any such violation which makes such premises unsafe, dangerous or hazardous, the Enforcement Official may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the Enforcement Official by this Code; provided that if such premises be occupied, he or she shall first identify himself or herself as a Yuba County Enforcement Official and request entry; and if such premises be unoccupied, he or she shall first make a reasonable effort to locate the alleged violator and request entry. If such entry is refused, the Enforcement Official shall have recourse to every remedy provided by law to secure entry. Enforcement Officials shall not enter property which is posted to prohibit entry and shall not enter property which is protected by a closed gate except where the Enforcement Official has obtained an inspection warrant or where there is an immediate threat to the public health or safety.

(Prior Code, § 7.36.830; Ord. No. 1303)

(a) In addition to the authority already vested by State law in peace officers to issue citations for infractions, each Enforcement Official is hereby authorized to issue citations for violations of the provisions of this Code only as specified in Section 7.36.820.

(b) Prior to issuance of a citation, the Enforcement Official shall identify himself or herself as a Yuba County Enforcement Official. The Enforcement Official shall then request the alleged violator, and the alleged violator shall be required, to present his or her driver's license or other satisfactory evidence of his or her identity for examination.

(c) If the citation is being issued for a second or subsequent conviction for violation of the same provision of this Code, the Citation must allege such prior conviction.

(d) The citation shall state a time and date and place at which the alleged violator shall appear in court to answer the charges stated in the citation. The appearance date shall be at least ten days after the date of the citation.

(Prior Code, § 7.36.840; Ord. No. 1303)

The Enforcement Official shall not take or attempt to take anyone into custody for refusing to present satisfactory evidence of his or her identify or refusing to sign a citation. In such cases, the Enforcement Official may file the Citation with the appropriate court pursuant to Penal Code § 853.5 and to Penal Code § 853.6, may request the assistance of the Sheriff's Department or other law enforcement agency which has jurisdiction, or may request the District Attorney to prepare and file a complaint with the appropriate court.

(Prior Code, § 7.36.850; Ord. No. 1303)

Any judgment of conviction which imposes a fine shall become a money judgment as provided by Penal Code § 1214. It shall be the responsibility of the Enforcement Official to determine if the fine imposed has been paid. In any case where the fine remains unpaid for more than 30 days, the Enforcement Official shall record an abstract of judgment in the Office of the County Recorder, as provided by Code of Civil Procedure § 674 and Code of Civil Procedure § 697.310. Upon notice of payment of such judgment, the Enforcement Official shall file and serve an acknowledgment of satisfaction of judgment, as provided by Code of Civil Procedure § 724.030 and Code of Civil Procedure § 724.040.

(Prior Code, § 7.36.855; Ord. No. 1303)

If the violation of a provision of any of the Chapters of this Code continues to exist on or after the date of any violator's conviction of violating said provision, the Enforcement Official shall submit a notice of noncompliance to the County Recorder for recordation. Said notice shall include a description of the premises, including the Assessor's parcel Number, a description of the violation, the action necessary to abate the violation, the date of conviction for said violation, the court that entered the judgment of conviction, and the case number.

(Prior Code, § 7.36.860; Ord. No. 1303; Ord. No. 1458)

Following the conviction of any violator in court, the Enforcement Official shall make such follow-up inspections as necessary to determine that the violation has been abated and may issue such additional citations as are necessary to gain compliance with the applicable provisions of this Code.

(Prior Code, § 7.36.865; Ord. No. 1303)

Upon all work to abate the violation being completed and approved by the Affected Department and payment of all fines imposed as to said violation, the Enforcement Official shall submit a Notice of Compliance to the County Recorder for recordation. Said Notice of Compliance shall refer to the related notice of noncompliance recorded pursuant to Section 7.36.860.

(Prior Code, § 7.36.870; Ord. No. 1303; Ord. No. 1458)

• Refusal to issue permits, approval, etc., for premises for which notice of noncompliance issued.

(a) Upon recording a notice of noncompliance, no department, commission, committee, officer or employee of the County shall issue or approve permits, licenses or other entitlements involving the property to which the violation pertains except for the issuance of permits, licenses or other entitlements necessary to correct or abate the violation.

(b) The refusal to issue pursuant to Subsection (a) above shall terminate when a Notice of Compliance has been recorded as to any and all recorded Notices of Noncompliance involving the property to which the violation pertains.

(Prior Code, § 7.36.875; Ord. No. 1303; Ord. No. 1458)

Nothing herein contained shall be deemed to bestow peace officer status upon Enforcement Officials.

(Prior Code, § 7.36.880; Ord. No. 1303; Ord. No. 1458)