Whenever in this code or in any other ordinance of the city
or in any order, rule or regulation adopted or promulgated by any
city officer or agency under authority duly vested in him or it, any
act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, 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 provision of this code or any other city ordinance or any such
order, rule or regulation shall be punished by a fine not exceeding
$1,000 or imprisonment for a term not exceeding one year, or by both
such fine and imprisonment. Such violations may also be redressed
by civil action.
Every day any violation of this code or any other ordinance
of the city or any such order, rule or regulation continues constitutes
a separate offense.
(Ord. O-2006-06 § 4, 2006)
In order to secure compliance with provisions of this code and
to provide flexibility for less drastic methods of enforcement, violations
of Titles 20 and 23 of this code may be charged and prosecuted as
either misdemeanors or infractions, at the option of the city.
(1)
Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of Titles 20 and 23 of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers, by the code enforcement officer or designated nonsafety employees who shall be designated by ordinance pursuant to Penal Code, Section 836.5. Any person convicted of a misdemeanor shall be punished as provided in Section 1.08.010.
(2)
Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of Titles 20 and 23 of this code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers, by the code enforcement officer or designated nonsafety employees who shall be designated by ordinance pursuant to Penal Code, Section 836.5. Any person convicted of an infraction under the provision of this code shall be punished as follows:
(Ord. 88-O-104 § 1, 1988)
Pursuant to the provisions of Government Code Section 36900
and Penal Code Section 836.5, citations for infractions and for misdemeanor
violations of any of the provisions of this code may be issued by
police officers of the city or by the code enforcement officer.
(Ord. 88-O-104 § 1, 1988)
(a)
Any
violation of the Placentia Municipal Code is a public nuisance.
(b)
The city administrator and all other code enforcement officials or officers of the city have the authority and powers necessary to abate public nuisances and gain compliance with the provisions of this code and applicable state codes. These powers include but are not limited to the power to enter and inspect public and private property and the authority to use whatever judicial and administrative remedies are available under this code and any applicable state codes, including the issuance of administrative citations pursuant to Chapter 1.10 of this title.
(c)
Pursuant
to California Government Code Section 38773, the city has authority
to judicially abate public nuisances by filing criminal or civil actions.
The city also has the authority under state law to make the expense
of abatement of the nuisance a special assessment, or a lien against
the property on which it is maintained and a personal obligation against
the property owner, in accordance with California Government Code
Section 38773.1 or 38773.5. Pursuant to California Government Code
Section 38773.7, upon entry of a second or subsequent civil or criminal
judgment within a two year period for abatement of a public nuisance
finding the owner, minor or other person responsible for a condition
that may be abated, except for conditions abated pursuant to California
Health and Safety Code Section 17980, the court may order that person
to pay treble the costs of abatement. "Minor or other person"
shall be defined as set forth in California Government Code Section
38772(d)(3).
(d)
There
shall be no civil liability on the part of and no cause of action
shall arise against any enforcement officer acting pursuant to this
chapter and within the scope of his or her authority for false arrest
or false imprisonment arising out of any arrest which is lawful or
which the enforcement officer at the time of such arrest had reasonable
cause to believe was lawful. An enforcement officer shall not be deemed
an aggressor or lose his or her right to self-defense by the use of
reasonable force to effect the arrest or to prevent escape or to overcome
resistance.
(Ord. O-2008-11 § 1, 2008)
In addition to all other remedies, the city attorney on behalf
of the city may bring a civil action to enforce the provisions of
this code, in which a court may impose the following remedies:
(1)
An
injunction or any other appropriate equitable remedy;
(2)
Civil
penalties in an amount not to exceed $500 per violation for each day,
payable to the city, against any person who commits, continues, operates,
allows or maintains any violation of any provision of this code;
(3)
Reimbursement
of city administrative and abatement costs, including but not limited
to investigative costs incurred in the enforcement of the provisions
of this code; and
(4)
Award
of attorneys' fees, where the city has elected at the initiation
of the action to seek the recovery of such fees, in which case the
prevailing party in such action shall be entitled to an award of attorneys'
fees in an amount which shall not exceed the reasonable attorneys'
fees incurred by the city.
(Ord. O-2008-11 § 2, 2008)
Upon a finding by a city official vested with authority to enforce the provisions of this code that a violation exists, such official may issue an administrative citation in accordance with Chapter 1.10.
(Ord. O-2008-11 § 3, 2008)
