The City Council establishes the procedures set forth in this
title for declaring and addressing violations of the Plymouth Municipal
Code, pursuant to California Government Code Sections 36900 et seq.,
38660, 38771 through 38775, inclusive, 53069.4, 54988, and all other
statutes and laws referenced herein. The purpose of this title is
to provide criminal, civil and administrative remedies, which shall
be in addition to all other legal remedies that may be pursued by
the City, to prevent, discourage, abate, or otherwise address any
violation of this Code. It is the policy of the City to first seek
to address Code violations through the least intrusive remedies available,
including administrative remedies, prior to instituting such remedies
as civil or criminal actions.
(Ord. 2010-01 § 1)
For the purposes of this title, the words and terms set forth
in this section shall have the following definitions:
means any real property or portions thereof within City boundaries,
including any buildings or other improvements located on such property,
where Code violations allegedly exist or have previously existed.
means the Plymouth Municipal Code, as it may be amended from
time to time.
means any person authorized or directed by the City Manager
to enforce any provision of this Code.
means all actions required to remove, alleviate, eliminate,
halt, or mitigate a violation of this Code in the manner and in the
time frame prescribed by a Code Enforcement Officer, Hearing Officer,
or the Director.
mean calendar days.
means the Community Development Director.
means any notice of violation, hearing, citation, investigation,
complaint or petition, or any administrative or judicial order under
authority of this title or any other legal authority.
means any person appointed by the Director to conduct a hearing
pursuant to this title.
means any person, or parent or legal guardian of any person
under 18 years of age, whose acts or omissions have caused or contributed
to a violation of this Code, and shall include any owner(s) or occupant(s)
of the affected property.
(Ord. 2010-01 § 1)
It is unlawful for any person to violate any provision or fail
to comply with any requirement of this Code. Notwithstanding any other
provision of the Code to the contrary, any responsible party (including,
without limitation, any agent, employee, or contractor of the responsible
party) violating or contributing to the violation of any Code requirement
or such term or condition may be subject to an enforcement action
as provided in this title and in any other applicable law. The owner
of any property, building, or structure within the City has the responsibility
for keeping such property, building, or structure free of violations
related to its use or condition. The owner of such property, building,
or structure is separately liable for violations committed by occupants
relative to the use or condition of the property.
(Ord. 2010-01 § 1)
Nothing in this title shall be construed as requiring the City
to pursue the Code enforcement remedies contained herein for every
Code violation that occurs within the City. The City envisions that
this title will be enforced, in the City's prosecutorial discretion,
as resources permit. Nothing in this section or the absence of any
similar provisions from any other City law shall be construed to impose
a duty on the City to enforce such other provision of law. This title
is not intended to and shall not be construed or given effect in a
manner that imposes upon the City or any officer or employee thereof
a mandatory duty of care towards persons and property within or without
the City so as to provide a basis of civil liability for damages,
except as otherwise imposed by law.
(Ord. 2010-01 § 1)
A.
It
is unlawful for any person to violate any provision or to fail to
comply with any of the requirements of this Code or the provisions
of any Code adopted by reference by 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
by ordinance or statute the violation is made an infraction. Any person
convicted of a misdemeanor under the provisions of this Code shall
be punished by a fine of not more than $1,000 or by imprisonment for
a period not exceeding six months, or by both such fine and imprisonment.
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, or the provisions of any Code adopted by referenced
by this Code, is committed, continued or permitted to exist.
B.
In
addition to the remedies set forth in this title, any violation of
this Code may be subject to criminal prosecution in accordance with
this section. Upon entry of a second or subsequent criminal judgment
against the same owner or other responsible party within a two-year
period for a condition of real property constituting a public nuisance
(except for conditions abated pursuant to Health and Safety Code Section
17980), the court issuing the judgment may order said owner or other
responsible party to pay treble the cost of the abatement, pursuant
to Government Code Section 38773.7.
(Ord. 2010-01 § 1)
In addition to the remedies set forth in this title, the City
Attorney, at the discretion of the City Council, may institute an
action in any court of competent jurisdiction to restrain, enjoin,
or abate any violation of this Code. The City in any such civil action
shall be entitled to recovery of attorney's fees and costs incurred
in such action. Upon entry of a second or subsequent civil judgment
against the same owner or other responsible party within a two-year
period for a condition of real property constituting a public nuisance
(except for conditions abated pursuant to Health and Safety Code Section
17980), the court issuing the judgment may order said owner or other
responsible party to pay treble the cost of the abatement, pursuant
to Government Code Section 38773.7.
(Ord. 2010-01 § 1)
Any violation of this Code is hereby declared to be a public nuisance. In addition to the remedies set forth in this title, any public nuisance may be abated by the City according to the procedure set forth in Chapter 20.08, except as otherwise provided in Chapter 8.01 (Weed, Rubble and Rubbish Control), Chapter 8.04 (Abandoned, Wrecked or Dismantled Vehicles), Chapter 8.20 (Tree Preservation and Tree Removal Permits).
(Ord. 2010-01 § 1)
In addition to the remedies set forth in this title, any violation of this Code may be subject to the administrative citation process according to the procedures set forth in Chapter 20.12.
(Ord. 2010-01 § 1; Ord. 2010-05 § 2)
In addition to the remedies provided in this title, the City
expressly reserves the right to utilize enforcement remedies available
under any applicable State or Federal statute or pursuant to any other
lawful power the City may possess. The election of remedies provided
by this title or other applicable law shall be at the sole discretion
of City officials.
(Ord. 2010-01 § 1)
A.
Whenever
notice or other document is required to be given under this title,
it shall be personally served or served by mail. In the case of personal
service, service shall be deemed complete at the time of such delivery.
In the case of mail, service shall be deemed complete at the time
of deposit in the post office and in accordance with California Code
of Civil Procedure Section 1013 (service of notice), and Section 415.30
(service of summons).
B.
Where
service of a notice of violation, first offense warning, or administrative
citation is by mail, a copy of the notice of violation, first offense
warning, or administrative citation shall also be conspicuously posted
at the affected property.
C.
Proof
of service of any service of summons required to be given under this
title shall be certified by a written declaration under penalty of
perjury executed by the person effecting service, declaring the date,
time and manner of service, and the place of posting, in accordance
with California Code of Civil Procedure Section 415.10. The declaration
shall be affixed to a copy of the notice or other document and retained
by the Code Enforcement Officer.
D.
The
failure of a responsible party to receive any notice or other document
served in accordance with this section shall not affect the validity
of any proceedings taken under this title.
(Ord. 2010-01 § 1)
A.
A Code
Enforcement Officer may enter and inspect any affected property at
all reasonable times to perform any duty imposed upon him or her by
this title whenever the Code Enforcement Officer has cause to believe
a violation is occurring. If the affected property is occupied, the
Code Enforcement Officer shall first present proper credentials and
seek written consent to enter. If the affected property is unoccupied,
the Code Enforcement Officer shall first make a reasonable effort
to locate the owner or other person having charge or control of the
affected property and seek written consent to enter, provided that:
1.
If
entry is denied and the Code Enforcement Officer cannot locate the
owner or other person having charge or control of the affected property,
the Code Enforcement Officer may seek a court ordered inspection warrant
pursuant to the Code of Civil Procedure Sections 1822.50 et seq. Upon
issuance of an inspection warrant, the Code Enforcement Officer shall
cause such warrant to be executed in accordance with the procedures
set forth in Code of Civil Procedure Section 1822.56.
2.
If
entry and inspection pursuant to a court ordered inspection warrant
is denied, the Code Enforcement Officer shall have recourse to every
remedy provided by law to secure entry.
B.
Inspections
and/or an inspection warrant may include, but not be limited to, the
taking of photographs, samples, measurements, surveys, or obtaining
other physical evidence, and/or conferring with any person(s) present
at the affected property, as permitted by law and consistent with
legally recognized privacy rights.
(Ord. 2010-01 § 1)
The City shall have the right and authority to request and review
records from the responsible party or any third party that is, or
may be, related to the subject matter of the enforcement action, and
to make copies of the same at the expense of the City, in any manner
authorized by law.
(Ord. 2010-01 § 1)
