(a)
Criminal Sanctions. It shall be unlawful for any
person to violate any provision, or to fail to comply with any of
the requirements of this Code. Any person violating any of the provisions
or failing to comply with any of the mandatory requirements of this
Code, shall be guilty of a misdemeanor, unless otherwise provided.
Any person convicted of a misdemeanor under the provisions of this
Code shall be punished by a fine of not more than five hundred dollars,
or by imprisonment in the City or County Jail for a period not exceeding
six months, or by both such fine and imprisonment. Any offense which
would otherwise be an infraction is a misdemeanor if the defendant
has been convicted of the same offense three or more times within
the twelve-month period immediately preceding the commission of the
offense and the convictions are alleged in the accusatory pleading.
For this purpose, a bail forfeiture shall be deemed to be a conviction
of the offense charged. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation
of any provision of this Code is committed, continued or permitted
by such person and shall be punishable accordingly.
(b)
Civil Actions. The City Attorney may bring an action
in a court of competent jurisdiction to enjoin a violation of any
provisions of this Code or any other ordinance of the City, or to
enforce administrative penalties or fines imposed.
(c)
Administrative Fines and Penalties. The City may
impose administrative fines or penalties for any of the following
acts or omissions:
(1)
All violations of Articles 3, 4, 5, 6, 7, 8, 9, and 13 of this
Code.
(2)
Failing to comply with any condition or requirement imposed on or by any entitlement, permit, contract or environmental document issued or approved by the City. Administrative fines may be imposed, enforced, collected, and reviewed in accordance with the provisions of Chapter
1.09. Administrative penalties may be imposed, enforced, collected and reviewed in compliance with the provisions of Chapter
1.10.
(d)
Nuisance Abatement. In addition to the penalties
hereinabove provided, any condition caused or permitted to exist in
violation of any of the provisions of this Code shall be deemed a
public nuisance and may be, by this City, abated as such, and each
day such condition continues shall be regarded as a new and separate
offense.
(e)
Alternative Remedy. Nothing in this Section shall
prevent the City from using one or more other remedies to address
violations as established by this Code.
(Prior code § 1200; amended
by Ord. No. 1813CCS § 7, adopted 9/12/95; Ord. No. 2043 § 2, adopted 5/14/02; Ord. No. 2057CCS § 3, adopted 10/22/02; Ord.
No. 2758CCS, 9/26/2023)
The violation of any administrative provisions of this Code by any officer or employee of the City may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of Section
1110 of the Charter and such person may be punished as in said Section provided.
(Prior code § 1201)
(a) The
Library Board may promulgate rules for the use of City libraries and
the City Manager may promulgate rules for the use of City meeting
facilities.
(b) Such
rules shall be formulated to ensure that the libraries and meeting
facilities serve their primary purposes. In the case of libraries,
these purposes include the provision of a quiet and orderly environment
in which people may read, study, use library materials and equipment
and contemplate. The purpose of meeting facilities is to provide an
orderly environment in which groups may gather to conduct meetings,
attend lectures and discussions, and undertake other group activities.
The rules may regulate disruptive behavior, noise, offensive odors,
health and sanitation hazards, and bringing possessions, materials
or objects into the library or facility which are likely to interfere
with its use by others. The rules may not unreasonably or unfairly
restrict access to libraries or facilities by any person or group.
(c) Any
person who has violated any rule or regulation duly adopted by the
Library Board may be subject to the suspension of his or her borrowing
or library visitation privileges for a period not to exceed one year,
as provided by the library rules.
(d) Notwithstanding subsection
(c) above, any person who carries overdue library fines or who fails to timely return borrowed library materials shall be subject to the suspension of his or her borrowing privileges, until such time that all outstanding fines are paid and all borrowed materials are returned or paid for.
(e) Any person subject to suspension of his or her borrowing or library visitation privileges, as authorized by subsection
(c) above, may appeal the suspension pursuant to Section
1.08.035. Unless otherwise ordered by the Hearing Officer or by a Court of competent jurisdiction, suspensions remain in effect during the pendency of any administrative or judicial appeal.
(f) Rules
for the use of City libraries and meeting facilities shall be conspicuously
posted on the premises. Any person who violates the rules shall be
advised of the violation and the rules' requirements. Any person who
fails or refuses to comply with any rule after receiving a personal
notice shall be warned that continued failure to comply may result
in the person being required to leave the premises.
(g) Any
person who fails or refuses to leave the facility after being given
the requisite notice, warning and direction to leave, shall be guilty
of a misdemeanor which shall be punishable by a fine not exceeding
one thousand dollars per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(Prior code § 1202; added
by Ord. No. 1372CCS, adopted 5/27/86; amended by Ord. No. 2146CCS § 1,
adopted 11/23/04; Ord.
No. 2349CCS, adopted 2/22/11)
(a) Any person subject to suspension of his or her borrowing or library visitation privileges, pursuant to Section
1.08.030(c) of this Code, may appeal the suspension by completing an appeal form, stating the basis of the appeal, and returning it to the City Clerk's office within seven days of the start of the suspension.
(b) The City Manager or the Assistant City Manager shall serve as the Hearing Officer for any appeal. If both the City Manager and the Assistant City Manager are unavailable or unable to serve as the Hearing Officer, a Hearing Officer shall be appointed in accordance with the procedures set forth in Section
1.10.050.
(c) City
staff shall submit a written report concerning the suspension to the
Hearing Officer, with a copy to the person requesting the hearing,
within five business days of the City's receipt of the request for
appeal. The Hearing Officer may request additional written or oral
information from City staff or the recipient of the suspension prior
to issuing a written decision.
(d) The
Hearing Officer shall render a written decision within thirty business
days of the City's receipt of the request for appeal. The Hearing
Officer may extend this thirty-day period, in writing, in order to
gather and consider additional evidence.
(e) Any
person directly aggrieved by an administrative decision of a Hearing
Officer may obtain review of the administrative decision by filing
a petition for review with the Superior Court in Los Angeles County.
(Added by Ord. No. 2349CCS, adopted 2/22/11)
Any interested person may enforce a condition of a City land
use permit by means of a civil action against the property owner or
permittee. In order to maintain such an action, the plaintiff must
plead, show and prove that:
(a) At
least thirty days prior to filing suit, plaintiff provided written
notice to the property owner or permittee and to the City of: (1)
the address of the subject real property, and (2) the permit condition
that is being violated;
(b) The
property owner or permittee continues to violate the permit condition;
and
(c) The
condition to be enforced imposes a clear, present, mandatory duty
and therefore does not require interpretation.
The remedy provided in this Section is not exclusive and shall
not preclude any person from seeking any other remedy or relief afforded
by law.
|
(Added by Ord. No. 2189CCS §
1, adopted 6/13/06)