HomeMy WebLinkAbout2002-04 ORDINANCE NO. 2002-04
REPEALING THE EXISTING SECTION 1-5 OF THE
DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 1-5 RELATING
TO REMEDIES AND PENALTIES FOR VIOLATION OF THE MUNICIPAL CODE
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING EXISTING SECTION 1-5 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 1-5 of the Danville Municipal Code is repealed in its entirety.
SECTION 2. PURPOSE AND FINDINGS.
In adopting this ordinance, the Danville Town Council makes the following findings:
· The Town of Danville 2010 General Plan provides that the Town should consider
revisions to the Municipal Code to expedite the code enforcement process in order to
preserve the quality of life in the community~
· California Government Code Section 53069.4 authorizes local agencies to adopt
ordinances allowing the use of administrative citations as part of the code enforcement
effort.
· There are municipal code violations in the Town of Danville that are best addressed
through an administrative citation process rather than the existing remedies of criminal
citation or nuisance abatement.
· This ordinance is intended to provide the Town with all appropriate tools to achieve
compliance with the Municipal Code in order to further the goals and policies of the
Town's General Plan.
SECTION 3. ADDING A NEW SECTION 1-5 TO THE DANVILLE MUNICIPAL CODE.
A new Section 1-5 is hereby added to the Danville Municipal Code to read as follows:
SECTION 1-5
Penalties and Remedies
1-5.1 Purpose. The purpose of this section is to set forth the penalties and remedies
available for violations of this Code or of any administrative action of the Town of Danville.
All of the penalties and remedies set forth in this section are cumulative and the use of one or
more remedies by the Town of Danville shall not prohibit the use of any other remedy.
1-5.2 Criminal Penalties.
(a) Any person who violates a provision of this Code, or fails to comply with any
requirements or conditions imposed upon such person under the authority of this Code shall
be guilty of an infraction, unless this Code otherwise makes the violation a misdemeanor.
(b) Pursuant to Government Code Section 36900, the penalty for any person found
guilty of an infraction shall be a fine not to exceed $100 for a first violation, $200 for a
second violation of the same ordinance within one year and $500 for each additional
violation of the same ordinance within one year.
(c) Pursuant to Government Code Sections 36901 and 36903, the penalty for any
person found guilty of a misdemeanor shall be a fine not to exceed $1,000 and/or
imprisonment in the County jail not to exceed six months.
1-5.3 CiVil Remedies. The provisions of this code may be enforced by civil action
initiated by the Town of Danville.
I-5.4 Nuisance. Any condition caused or permitted to exist in violation of a provision of
this Code or of any administrative action of the Town of Danville or which is a. nuisance as
defined under California Civil Code Section 3479 shall constitute a public nuisance and may
be abated pursuant to the procedures set forth in section 1-6 of this Code.
1-5.5 Administrative Citations.
(a) Issuance of Administrative Citation. Whenever a Town officer or employee
charged with enforcing any provision of this Code pursuant to section 1-5.8 determines that a
violation of that provision has occurred, that officer or employee shall have the authority to
issue an administrative citation to any person responsible for the violation. Each
administrative citation shall contain the following information:
(i) The date of the violation.
(ii) The address or description of the location where the violation occurred.
(iii) A description of the violation, including the section(s) of this Code that
were violated.
(iv) The amount of the fine.
(v) A description of fine payment process, including timelines.
(vi) A description of the citation review process, including the requirements
to request a hearing.
(vii) The name and signature of the officer or employee issuing the citation.
(b) Amount of Fines. The maximum amount of fines, including any late payment
charges, imposed under this section shall be established by the Town Council as part of the
Master Fee schedule. In no event shall the amount of the f'me exceed that which may be
imposed for an infraction pursuant to Government Code Section 36900. The Schedule shall
specify any increased fines for repeat violations of the same Code provision by the same
person within 36 months from the date of an administrative citation.
(c) Payment of the Fine. The fine shall be paid to the Town within 30 days after
the administrative citation is issued, unless a request for hearing pursuant to subsection (d) is
filed in a timely manner.
(d) Hearing Request. Any person receiving an administrative citation may request
a hearing to contest the citation. Any request for a hearing must be filed in writing with the
City Clerk within 30 days of issuance of the citation.
(e) Hearing Officer. The Town Manager shall designate the hearing officer(s) for
administrative citation hearings. Hearing officers may be employees of the Town or non-
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employees qualified to hear such matters and selected in a manner that avoids the potential
for biaso The Town Manager may develop written policies for selection of hearing officers.
(f) Hearing Procedure.
(i) The hearing shall be held not less than 15 days and not more than 60
days from the date that the request for hearing is filed. The hearing
may be continued from time to time as deemed necessary by the
hearing officer.
(ii) At the hearing, the party contesting the administrative citation shall be
given the opportunity to testify and to present evidence or witnesses
concerning the administrative citation.
(iii) The administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the
respective facts contained in those documents.
(g) Hearing Officer's Decision. After considering all of the testimony and
evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold
or cancel the administrative citation and shall list in the decision the reasons for that decision.
A copy of the decision shall be provided to the recipient of the administrative citation and the
officer or employee who initially issued the citation. The decision of the hearing officer shall
be final, subject to the judicial review in subsection (k) below.
(h) Payment of Fine After Decision. If the decision of the hearing officer affirms
the issuance of the administrative citation, the responsible party shall pay the fine to the
Town within 30 days after the written decision is mailed.
(i) Late Payment Charges. Any person who fails to pay to the Town any fine
imposed pursuant to this section on or before the date that fine is due shall also be liable for
the payment of any applicable late payment charges set forth in the Master Fee Schedule.
(j) Recovery of Administrative Citation Fines and Costs. The Town may collect
any past due administrative citation fine or late payment charges by use of all available legal
means.
(k) Right to Judicial Review. Any person aggrieved by an administrative decision
of a hearing officer on an administrative citation may obtain review of the administrative
decision by filing a petition for review with the Superior Court in Contra Costa County,
Walnut Creek branch, in accordance with the timelines and provisions set forth in California
Government Code Section 53069.4.
(1) Notices. The administrative citation and all notices required to be given by
this section shall be served either by personal delivery thereof to the person 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 business or residence address as the same
appears in the public records or other records pertaining to the matter to which such notice is
directed. Failure to receive any notice specified in this section does not affect the validity of
proceedings conducted hereunder.
1-5.6 Separate Offense. Each person is guilty of a separate offense for each and every day
during any portion of which the violation of thi~ Code i~ committed, continued, or permitted
by that person.
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1-5.7 Prohibited Acts Include Causing, Permitting or Suffering. Whenever in this Code an
act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or
concealing the fact of the act or omission.
1-5.8 Citation Authority Delegated. Pursuant to the authority of Government Code Section
836.5, the Town's Code Enforcement Officer is delegated the authority to issue citations without
a warrant when, the Code Enforcement Officer has reasonable cause to believe that thc person to
be issued a citation has committed an act in his or her presence that is a violation of the
provisions of this Code. In addition, the Town Manager shall have thc power to designate by
written order that other Town officers and employees shall have the power to issue citations for
violation of specified provisions of this Code.
1-5.9 Enforcement of Health Laws and Regulations. Pursuant to the authority of Health and
Safety Code Section 101375, thc Town consents to the Health Officer of Contra Costa County
enforcing all health laws and regulations within the Town of Danville.
1-5.10 Cost Recovery. Any costs, expenses and disbursements paid or incurred by the Town or
any agent of contractor in correction, abatement or prosecution of the violation shall be deemed a
debt due to thc Town. Thc Town may initiate a civil action for the amount, together with its
court costs or may file a lien against any property that was the subject of an enforcement action,
or pursue any other available cost recovery mechanism.
SECTION 4. CODIFICATION. Section 3 of this ordinance shall be codified in the Danville
Municipal Code.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of the ordinance. The Danville Town Council hereby declares that they
would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases was declared invalid.
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SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once within
five (5) days before its adoption and once within 15 (fifteen) days after adoptiun. This ordinance
shall become effective 30 days after adoption°
The foregoing Ordinance was introduced on July 2, 2002 and approved and adopted by the
Danville Town Council at a regular meeting held on July 16, 2002, by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Waldo, Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true
and accurate copy of Ordinance No. 2002-04 of said Town and that said ordinance was published
according to law.
Dated:
City Clerk of the Town of Danville
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