[Ord. #856, § 1100]
For statutory provisions authorizing cities to codify their
ordinances, see Gov. Code §§ 50022.1 to 50022.8 and
50022.10.
This Code shall be known as the "Compton Municipal Code, 1985,"
and it shall be sufficient to refer to said Code as the "Compton Municipal
Code" in any prosecution for the violation thereof, or to refer to
any Chapter, Article, section or subsection thereof by referring to
the Chapter number, section number or subsection number immediately
preceding such Chapter, section or subsection. It shall also be sufficient
to designate any ordinance adding to, amending, or repealing this
Code, or portions thereof, as an addition or amendment to, or a repeal
of, the Compton Municipal Code, or a portion thereof.
[Ord. #856, § 1101]
This record consists of all of the regulatory and penal and
of certain of the administrative ordinances of the City of Compton,
codified pursuant to Section 610 of the City Charter of the City of
Compton.
[Ord. #856, §§ 1300 — 1325; New; Ord. 2240]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following words and
phrases shall have the following definitions:
Shall mean and include, unless otherwise specified, the qualified
designated representative of the law enforcement agency or agencies
authorized by the City to enforce the laws of the City of Compton
and/or State of California within the jurisdiction of the City of
Compton, who is authorized to exercise all the powers that are now,
or may hereafter be conferred upon sheriffs and other police officers
by the laws of the State of California.
Shall mean the City of Compton in the County of Los Angeles
and State of California.
Shall mean the Council of the City of Compton.
Shall mean the City Clerk of the City of Compton duly appointed
pursuant to law.
Shall mean and include, unless otherwise specified, the law
enforcement agency or agencies authorized by the City to enforce the
laws of the City of Compton and/or State of California within the
jurisdiction of the City of Compton.
Shall mean the City Council of the City of Compton.
Shall mean the County of Los Angeles.
Shall mean an organizational unit of the government established
or designated by ordinance or this Code as a department, together
with any agency or instrumentality of the government assigned to such
Organizational unit by the City Council.
Shall mean and include wares or merchandise.
Shall mean laws of the State of California.
Shall mean licensed in accordance with the appropriate section
or Chapter of this Code.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean and include affirmation.
The use of the title of any officer, employee, office or
ordinance shall mean such officer, employee, office or ordinance respectively
of the City of Compton.
Shall mean and include carry on, keep, conduct or maintain.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this revision, so long as it is adopted by
the procedure required for the adoption of an ordinance and so long
as it remains in force and effect pursuant to the law. Ordinance refers
to an ordinance of the City of Compton.
Applied to a building or land, shall mean and include any
part owner, joint owner, tenant, tenant in common or joint tenant
of the whole or a part of such building or land.
Shall mean any individual, natural persons, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
Massachusetts Trusts, corporations or unincorporated groups; or any
officers, agents, employees, servants, factors of any kind of personal
representatives of any thereof in any capacity, acting either for
himself or for any other person, under either personal appointment
or pursuant to law.
Shall mean and include any sale, exchange, barter or offer
for sale.
Shall mean the State of California.
Shall mean and include all streets, highways, avenues, lanes,
alleys, courts, places, squares, sidewalks, parkways, curbs, or other
public ways in this City which have been or may hereafter be dedicated
and open to public use, or such other public property so designated
in any law of this State.
Applied to a building or land, shall mean and include any
person who occupies the whole or part of such building or land, whether
alone or with others.
Shall mean the General Ordinances of the City of Compton.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. #856, § 1300 et seq.; New]
Unless the provisions of the context otherwise require, these
general provisions, rules of construction and definitions shall govern
the construction of this Code. The provisions of this Code and all
proceedings under it are to be construed with a view to effect its
objects and to promote justice.
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural the singular.
Shall is mandatory and may is permissive.
The time within which an act is to be done shall be computed
by excluding the first and including the last day and if the last
day be a Sunday, a legal holiday, or a day on which the offices of
the City are closed, that day shall be excluded.
Writing and written shall include printing, typewriting and
any other mode of communication using paper or similar materials which
is in general use, as well as legible handwriting. Writing includes
any form or recorded message capable of comprehension by ordinary
visual means. Whenever any notice, report, statement or record is
required or authorized by this Code, it shall be made in writing in
the English language unless it is expressly provided otherwise.
Effect of Headings. Section and subsection headings contained
herein shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any section
or subsections hereof.
Reference to Acts or Omissions Within this City. This Code shall
refer only to the omission or commission of acts within the territorial
limits of the City and to that territory outside of the City over
which the City has jurisdiction or control by virtue of the Constitution,
or any law, or by reason of ownership or control of property.
Prohibited Acts Include Causing, Permitting, or Suffering. Whenever
in this Code any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering, or concealing such
act or omission.
Acts by Deputy. Whenever a power is granted to, or a duty is
imposed upon a public officer, or employee, the power may be exercised,
or the duty may be performed by a deputy of such officer or employee
or by a person otherwise duly authorized pursuant to law or ordinance,
unless this Code expressly provides otherwise.
Service of Notice. Whenever a notice is required to be given
under this Code, unless different provisions herein are otherwise
specifically made, such notice may be given either by personal delivery
thereof to the person to be notified, or by deposit thereof in the
United States mail, in a sealed envelope, postage prepaid, addressed
to such person to be notified, at his last known business or residence
address as the same appears in the public records of the City or other
records pertaining to the matter to which such notice is directed.
Service by mail shall be deemed to have been completed at the time
of deposit in the post office.
Proof of Notice. Proof of giving any notice may be made by the
certificate of any officer or employee of the City, or by affidavit
of any person over the age of 18 years, which shows service in conformity
with this Code, or other provisions of law applicable to the subject
matter concerned.
Whenever a specific time is used in this Code, it shall mean
the prevailing and established time in effect in the State of California
during any day in any year.
Any citation of a law or ordinance contained in this Code shall
be deemed to refer to such law or ordinance as amended, whether or
not such designation is included in the citation.
Chapter shall mean one of the major divisions of the Code identified
by an Arabic number and divided by the subject matter.
"Section" shall mean a major subdivision of a Chapter.
"Subsection" shall mean a subdivision of a section, identified
by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified
by an alphabetical letter or Arabic number.
[Ord. #856, § 1105]
If any Chapter, section, subsection or paragraph of this Code
shall be declared to be unconstitutional, invalid, or inoperative,
in whole or in part, by a court of competent jurisdiction, such Chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining Chapters, sections, subsections or paragraphs of this revision.
[1]
Editor's Note: For statutory provisions authorizing cities
to impose penalties for violations of ordinances not exceeding $1,000
and/or six months imprisonment, see Gov. Code § 36901. For
statutory provisions permitting cities to state by ordinance specific
violations to be infractions, see Gov. Code § 36900.
[Ord. #856, § 1200]
Any person, firm, corporation or other group, who violates any
ordinance or law of the City shall be deemed guilty of a misdemeanor,
unless by ordinance the violation is deemed to be an infraction. Punishment
for violation of any ordinance or law shall be as set forth under
the State law for prosecution of a misdemeanor or infraction or as
stated in this section.
[Ord. #856, § 1200]
Whenever in this Code or in any other ordinance of the City
or in any rule, regulation or order promulgated pursuant thereto any
act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, (unless specifically declared to be an infraction)
or the doing of any act is required or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor, where no specific
penalty is provided therefor, the violation of any such provisions
of this Code or any other ordinance of the City or any such rule,
regulation or order shall be punished by a fine not exceeding $1,000
or imprisonment for a term not exceeding six months, or by both such
fine and imprisonment. Such violations may also be redressed by civil
action.
[New; Ord. #1894, § 5; Ord. #1917, § 2]
a.
Violation of a City ordinance is a misdemeanor unless by ordinance
or on motion by City Attorney it is made an infraction. Such a violation
may be prosecuted by City authorities in the name of the people of
the State of California, or redressed by civil action.
b.
Every violation determined to be an infraction is punishable by:
[Ord. #856, § 1200]
Except as otherwise provided, every day any violation of this
Code or any other ordinance of the City or any such rule, regulation
or order shall continue shall constitute a separate offense.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[Ord. #856, § 1201]
In addition to the penalties provided in Subsection 1-5.2, any
condition caused or permitted to exist in violation of any of the
provisions of this Code or any other City ordinance shall be deemed
a public nuisance and may be, by this City, summarily abated as such.
Each day such condition continues shall be regarded as a new and separate
offense.
[Ord. #856, § 1202]
Persons confined in the City jail under a final judgment of
imprisonment for violation of any ordinance may be required by the
Chief of Police to perform labor on the streets or other public property
or works within the City.
[Ord. #856, § 1203]
As used in this section: Streets or other public property or
works within the City, shall include, among other things, clerical
and menial labor in the City jail, or in any camp maintained for the
labor of such persons on the streets or other public property or works
within the City.
[Ord. #856, § 1204]
The violation of any administrative provision of this Code by
any officer or employee of the City may be deemed a failure to perform
the duties under, or to observe the rules and regulations of the department,
office or board, within the meaning of the Civil Service Ordinances
and rules and regulations of the City.
[Ord. #2175 § 4; amended 10-15-2019 by Ord. No. 2316]
Every violation of a provision of the Municipal Code, the penalty
for which is defined as an "infraction" or "misdemeanor," shall be
subject to an administrative fine and/or penalty. The provisions of
this section relating to administrative fines and penalties are in
addition to all other legal remedies, criminal or civil, which may
be pursued by the City to address any violation of codes, ordinances,
resolutions, mandates, regulations, rules or other laws adopted by
the City, or other applicable state codes. Use of this section shall
be at the sole discretion of the City and nothing in this section
shall prevent the City from initiating a civil, criminal or other
legal or equitable proceedings as an alternative to the proceedings
set forth in the administrative fine and/or penalty provisions of
this section.
As used in this section:
The ticket issued to the responsible person(s) who has violated
a provision of the Municipal Code.
The City of Compton.
The City Manager of the City of Compton or the City Manager's
designee(s).
A building, plumbing, electrical or other similar structural
or zoning violation which does not create an immediate danger to health
or safety.
Any individual employed or otherwise charged by the City
to enforce codes, ordinances, mandates, regulations, rules or other
laws adopted by the City.
The person or contracted company designated by the City Manager
or his/her designee to determine the validity of an administrative
citation after the person to whom the citation was issued requests
a hearing.
Any codified or noncodified ordinance or law adopted by the
City, including codes adopted by reference.
Any individual, corporation, partnership, association or
other group or combination of individuals acting as an entity, the
heirs, executors, administrators, assigns or agents of the aforesaid,
who is the owner or occupant of real property, or the parent or legal
guardian of any person under the age of 18 years, who creates, allows,
causes, commits, continues, permits and/or maintains any violation
of the Municipal Code. For purposes of this section, there may be
more than one "responsible person."
A violation which is of a brief or nonpermanent nature and
which can be remedied rapidly.
Any violation of any provision of the Municipal Code and
any code adopted by reference by the Municipal Code.
a.
An Enforcement Officer shall have authority to issue an administrative
citation to any responsible person for a violation of any provision
of the Municipal Code and codes adopted by reference.
b.
Except when a violation creates an immediate danger to health or
safety, if the violation pertains to building, plumbing, electrical
or other similar structural or zoning issues that do not create an
immediate danger to health or safety, the cited person shall be given
a reasonable period of time, but no more than 30 calendar days, to
correct the violation before an administrative fine or penalty is
imposed.
1.
Administration fines or penalties may be immediately imposed if a
violation(s) of building, plumbing, electrical or other similar structural,
health and safety or zoning requirements exists as a result of, or
to facilitate the illegal cultivation of cannabis. This subsection
shall not be construed to apply to cannabis cultivation that is lawfully
undertaken pursuant to Section 11362.1 of the California Health and
Safety Code.
2.
Notwithstanding Subsection b1 above, prior to immediate imposition of administrative fines or penalties for a violation specified in Subsection b1 above, the cited person shall be given a reasonable period of time, but no more than 30 calendar days, to correct the violation before an administrative fine or penalty is imposed if all of the following conditions exist:
(a)
A tenant is in possession of the property that is the subject
of the administrative action;
(b)
The rental property owner or agent can provide evidence that
the rental or lease agreement prohibits the cultivation of cannabis;
and
(c)
The rental property owner or agent did not know the tenant was
illegally cultivating cannabis and no complaint, property inspection
or other information caused the rental property owner or agent to
have actual notice of the illegal cannabis cultivation.
c.
Each administrative citation shall contain the following information:
1.
The date of the violation;
2.
The address or a legal description of the location where the violation
occurred;
3.
The section of the Municipal Code violated and a description of the
violation;
4.
A description of the action required to correct the violation;
5.
The number of days provided to correct or otherwise remedy the violation
prior to the imposition of fines and/or penalties, if applicable;
6.
The amount of the fine for the violation and the amount of the late
charge if the fine is not paid by a specified date;
7.
A description of the fine payment process, including a description
of the time within which and the place to which the fine shall be
paid;
8.
A description of the administrative citation review process, including
the time within which the administrative citation may be contested
and the place from which a Request for Hearing form to contest the
administrative citation may be obtained;
9.
An order prohibiting the continuation or repeated occurrence of the
violation described in the administrative citation with notice that
payment of the fine does not excuse the requirement to remedy a continuing
violation; and
10.
The name and signature of the citing Enforcement Officer.
An administrative citation may be issued by an Enforcement Officer
to the responsible person for violation(s) of the Municipal Code,
including any code adopted by reference, in the following manner:
a.
Personal Service. The Enforcement Officer shall attempt to locate
and personally serve the responsible person and attempt to obtain
that person's signature on the administrative citation. If the
responsible person is an entity, the Enforcement Officer may personally
serve an employee over the age of 18, manager, principal, partner,
director, officer or representative of the entity on behalf of the
entity. The failure or refusal of a person to sign a citation shall
not affect its validity or any related subsequent proceeding, nor
shall signing a citation constitute an admission of guilt. Service
shall be deemed to have been completed on the date of service of the
citation.
b.
Service by Mail. As an alternative to personal service, the administrative
citation may be mailed to the responsible person by certified mail,
postage prepaid, return receipt requested, with a copy of the citation
simultaneously sent by first-class mail. The date indicated on the
certified mail receipt, or, if returned unsigned or unclaimed, the
date of the first-class mailing shall constitute the date of issuance
of the citation.
c.
Service by Posting Notice.
1.
If service cannot be accomplished by personal service or mailed service,
the Enforcement Officer shall post the administrative citation on
any real property within the City in which the City has knowledge
that the responsible person has a legal interest, and such posting
shall be deemed effective service. A photograph of the administrative
citation posted on the property shall be taken as proof of service.
Service shall be deemed to have been completed on the date of posting.
2.
The failure of a responsible person to receive an administrative
citation shall not invalidate any fine, late charge, action or proceeding.
a.
The amount of fines for violations of the Municipal Code imposed
pursuant to this section shall be established by ordinance or resolution
of the City Council. Where the violation would otherwise be an infraction,
the administrative fine or penalty shall not exceed the maximum fine
or penalty amounts for infractions set forth in Section 25132 and
Subdivision (b) of Section 36900 of the California Government Code.
b.
Except with regard to violations that would otherwise be an infraction,
fines shall be increased, in a manner established by ordinance or
resolution of the City Council, for subsequent repeat violations of
the same or similar provisions of the Municipal Code by the same responsible
person within a twelve-month consecutive period from the date of the
first violation.
c.
The ordinance or resolution establishing the amount of fines shall
specify the amount of any late payment charges imposed for the payment
of a fine after its due date.
a.
All fines and penalties shall be paid to the City within 30 calendar
days from the effective date of the administrative citation. The effective
date of an administrative citation shall be the date the citation
is issued, unless the enforcement officer grants an opportunity for
the person cited to correct the violation. Where a correction period
has been granted, the effective date of the administrative citation
shall be on the final date of the correction period, if the person
has not corrected the violation.
b.
Where there is more than one responsible person, each responsible
person shall be jointly and severally liable for the amount of the
fine, plus any penalty that may be owed.
c.
Any administrative citation fine or penalty paid pursuant to Subsection a above shall be refunded if it is determined, after hearing, that the person charged was not the person responsible for the violation or there was no violation as charged in the administrative citation.
d.
Payment of a fine or penalty under this section shall not excuse
or discharge any continuation or repeated occurrence of a violation
of the Municipal Code that is the subject of an administrative citation.
e.
The City may use all available legal means to collect any past due
fines, penalties and other costs related to issuing administrative
citations and collecting the fines and penalties, including, but not
limited to, contracting with collection agencies, filing liens and
seeking judgments in court.
a.
Any recipient of an administrative citation may contest that there
was a violation or that he or she is a responsible person, not later
than 15 calendar days from the date of service of the administrative
citation. The request shall be submitted in writing on a Request for
Hearing form available from the issuing agency or as directed on the
citation and shall include a detailed written explanation as to why
the administrative citation is being contested. The request shall
be accompanied by a deposit in the full amount of the fine or a request
for an Advance Deposit Hardship Waiver. An appeal hearing will not
be scheduled unless the full amount of the fine is deposited, or the
City finds the responsible person unable to do so and waives the deposit
requirement.
b.
The recipient of an administrative citation shall deposit the amount of the fine and/or penalty specified on the administrative citation as directed on the citation at the time he or she submits the Request for Hearing form, or he or she shall submit notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to § 1-7.8. Fines that are deposited with the City while a citation is contested shall not accrue interest.
c.
The recipient of an administrative citation requesting the hearing
shall be notified of the date, time and location of the hearing at
least 10 calendar days prior to the date of the hearing. The hearing
shall be set for a date that is not less than 15 calendar days and
not more than 60 calendar days from the date that a completed request
for administrative hearing is filed in accordance with the provisions
of this section. The notice may be served personally on the cited
person or by U.S. mail with first-class postage prepaid. Mailed notice
shall be addressed to the cited party at the address provided by the
cited party, or if there is no such address then in care of the property
address of the cited party. Service of notice is complete upon personal
service on the cited party or upon depositing the notice of hearing
in the U.S. mail. Failure of any person to receive the mailed notice
shall not affect the validity of any proceeding or order regarding
administrative citations.
d.
Failure to timely request a hearing shall render the administrative
citation final and shall constitute a failure to exhaust administrative
remedies.
a.
If the recipient of an administrative citation intends to request
an administrative hearing and is financially unable to make the advance
deposit of the fine as required herein, a request for an Advance Deposit
Hardship Waiver may be filed. Advance Deposit Hardship Waiver forms
are available from the issuing agency, the City Attorney's Office
or as directed on the citation. The completed Advance Deposit Hardship
Waiver form must be filed simultaneously with the Request for Hearing
form.
b.
The City Attorney or his/her designee may waive the requirement of
an advance deposit and issue the Advance Deposit Hardship Waiver only
if the applicant submits the required Advance Deposit Hardship Waiver
form, together with supporting documents, demonstrating to the satisfaction
of the City Attorney or his/her designee that the recipient of the
administrative citation is financially unable to deposit with the
City the full amount of the fine in advance of the hearing. Documentation
of financial hardship may include, but is not limited to, proof of
receipt of specified public benefit programs, current payroll stubs,
recent W-2 and/or similar documents acceptable to the City Attorney
or his/her designee, demonstrating that the cited party is unable
to deposit the fine. Written notice of the determination shall be
served by first-class mail or by personal service upon the cited party.
Service shall be deemed complete at the time the notice is personally
serviced or deposited into the mail and addressed to the person at
the address indicated on the Administrative Hearing Request form.
If applicable, the notice shall include a brief description of the
reasons for the City's determination to not issue the Advance
Deposit Hardship Waiver. The written determination of the City shall
be final.
c.
If the City determines not to issue an Advance Deposit Hardship Waiver,
the recipient of the administrative citation shall remit the full
amount of the fine within 10 days of service of the written decision
to deny the advance deposit hardship waiver.
The City Manager shall designate the Hearing Officer or the
contracted company for the administrative hearings. The Hearing Officer
shall not be a City employee and his or her compensation shall not
be conditioned upon whether or not administrative citations are upheld.
Administrative hearings are informal, and formal rules of evidence
and discovery do not apply. Evidence shall be relevant to the issues
to be decided. The Hearing Officer shall use preponderance of the
evidence as the standard of proof in deciding the issues.
a.
At the hearing, all persons contesting the validity of an administrative
citation shall be given the opportunity to testify and present evidence
concerning the administrative citation. The party requesting the hearing
may bring an interpreter to the hearing at his or her sole expense.
The Hearing Officer may question any person who presents evidence
or who testifies at any appeal hearing. The cited party, or that person's
representative, may attend the hearing in person, or in lieu of attending
may submit an Appearance by Written Declaration on a form provided
by the City for that purpose.
b.
The administrative citation and any additional report submitted by
the Enforcement Officer shall constitute prima facie evidence of the
violation. The Enforcement Officer who issued the citation may participate
in the hearing. If the Enforcement Officer submits an additional written
report concerning the administrative citation to the Hearing Officer,
then a copy of this report shall be served on the person requesting
the hearing by certified mail, return receipt requested, at least
five calendar days prior to the date of the hearing. Service shall
be deemed complete at the time the report is deposited into the mail
and addressed to the person at the address indicated on the administrative
hearing request form.
c.
Failure of the party contesting the administrative citation to appear
at the hearing shall constitute forfeiture of the fine and a failure
to exhaust his or her administrative remedies and shall result in
forfeiture of the deposit. The Hearing Officer shall dismiss the challenge
to the administrative citation and shall issue a written notice to
that effect. The advance deposit shall then become the property of
the City.
d.
If a hearing is scheduled after approval of an Advance Deposit Hardship
Waiver and then dismissed at the request of the cited party, the cited
party shall pay the fine to the City within seven days after written
notice to do so. If the cited party obtained an Advance Deposit Hardship
Waiver and neither attended the hearing nor submitted an Appearance
by Written Declaration, the cited party shall pay the fine within
seven days after written notice to do so.
e.
The Hearing Officer may continue the hearing from time to time and
provide the person with additional time in which to remedy the violation.
In addition, the Hearing Officer may request additional information
or evidence from the Enforcement Officer or the recipient of the administrative
citation prior to issuing a written decision.
f.
At the conclusion of the hearing or within 30 calendar days thereafter,
the Hearing Officer shall render a decision as follows:
1.
After consideration of all of the evidence, the Hearing Officer shall
issue a written decision to uphold or cancel the administrative citation
and shall state the reason for the decision and notice of the right
to appeal the decision.
2.
The cited party/appellant and the Enforcement Officer shall each
be served by first-class mail, postage prepaid, with a copy of the
Hearing Officer's written decision. The cited party/appellant
shall also be served by certified mail, return receipt requested.
Service shall be deemed made as of the date on the receipt or, it
returned unsigned or unclaimed, as of the date of mailing of the Hearing
Officer's written decision.
3.
If the administrative citation is upheld, the deposit with the City
shall be retained by the City. If the administrative citation is not
upheld, the City shall, within 30 calendar days, refund the amount
of the deposited fine. If the administrative citation is upheld and
the fine has not been deposited pursuant to an Advance Deposit Hardship
Waiver, the Hearing Officer shall set forth in the decision a payment
schedule for the fine and/or penalty. If the administrative citation
is upheld and the violation has not been fully corrected as of the
date of the hearing, the Hearing Officer's decision shall contain
an order to correct the violation and a deadline for compliance.
4.
The decision of the Hearing Officer shall be the City's final
administrative decision.
A cited person who objects to the Hearing Officer's administrative
decision and/or order may obtain review of the administrative citation
by filing an appeal with the Superior Court of Los Angeles County
in accord with Section 53069.4 of the California Government Code.
Such appeal must be filed within 20 days after mailing or personal
service of the Administrative Order to the cited party. The cited
party shall within 10 days of filing a notice of appeal with the Superior
Court serve upon the City Clerk, either in person or by first-class
mail, a copy of the notice of appeal.
Failure to comply with an administrative order directing the
abatement of a continuing violation shall constitute a public nuisance
and a misdemeanor crime. In that event, or if the City prevails in
an appeal of such administrative order to the Superior Court and the
responsible person does not comply with the administrative order,
the City may file a criminal misdemeanor action against the responsible
person. Filing the criminal misdemeanor action does not preclude the
City from using any other legal remedy available to gain compliance
with the administrative order.
Payment of the fine and/or penalty under this section shall
not excuse or discharge any continuation or repeated occurrence of
the code violation that is the subject of the administrative citation.
Only abatement of the cited condition discharges the violation.
The administrative citation process described in this section
does not preclude the City from recovering any code violation abatement
costs incurred by the City in performing its code enforcement efforts
pursuant to this Code.
[Ord. #856, § 1103.1; Ord. #2175, § 1]
The provisions of this Code, insofar as they are substantially
the same as ordinance provisions previously adopted by the City relating
to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
[Ord. #856, § 1106; New; Ord. #2175, § 2]
The repeal of an ordinance shall not revive any ordinance in
force before or at the time the ordinance repealed took effect. The
repeal of an ordinance shall not affect any punishment or penalty
incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for any offense committed
under the ordinance repealed.
[Ord. #856, § 1107; Ord. #2175, § 3]
In accordance with the provisions of Section 610 of the Charter
of the City of Compton, not less than three copies of this Code shall
be filed for examination by the public in the office of the City Clerk.
At least three copies, duly certified to by the City Clerk, shall
be permanently maintained on file in his office. Additional copies
shall be prepared in loose-leaf form and shall be mounted to withstand
heavy usage in such binders as the City Clerk may prescribe. Copies
thereof shall be distributed to the Departments and Divisions of the
City as shall be prescribed by the City Manager.
[Ord. #856, § 1108; Ord. #2175, § 3]
Duly certified copies of every ordinance making changes in such
Code shall be filed in the office of the City Clerk in books for such
purpose, duly indexed for ready reference.
[Ord. #856, § 1110; Ord. #2175, § 3]
At least twice yearly, the City Clerk shall cause the loose-leaf
pages of said Code in which changes have been made to be reprinted,
including the notation as to the ordinance number pursuant to which
such change is adopted, in order that at least twice yearly the loose-leaf
copies of such Code prepared for the use and convenience of the officers
and employees of the City and the general public may be brought up
to date. As directed by the City Manager, the City Clerk shall distribute
copies of such amendments without charge to the various City Departments
and the officers and employees thereof.
[Ord. #856, § 1111; Ord. #2175, § 3;
Ord. #2295 § 1]
Copies of this Code and of all amendments hereto shall be available
for purchase by the general public at the City Clerk's office
at a price established by ordinance or resolution of the City Council.
