(a)
In
order to further the stated goals of the city and to protect its citizens
and their property from conditions which are offensive or annoying
to the senses, detrimental to property values and community appearance,
or injurious to the health, safety or welfare of the general public
in such ways as to be a nuisance, the city council has determined
that an ordinance is necessary to effectively abate or prevent the
development of such conditions in this community.
(b)
It
is the intention of the city council, in adopting the ordinance codified
in this chapter, to set forth guidelines for determining what conditions
constitute a nuisance; to establish a method for giving notice of
the conditions and an opportunity to correct them; and finally, in
the event the nuisance is not corrected, to provide a procedure for
a hearing and determination of the facts and manner in which the conditions
shall be corrected or removed.
(c)
It
is the purpose of the provisions of this chapter to provide a just,
equitable and practical method, to be cumulative with and in addition
to any other remedy available at law, whereby lands or buildings which
are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds,
debris, or abandoned machinery or equipment, or are menace to life,
limb, health, morals, property, safety and the general welfare of
the people of this city or which tend to constitute a fire hazard
or a nuisance may be required to be repaired, vacated, demolished,
made safe, or cleaned up by removal of the offensive conditions.
(d)
In
addition to the abatement procedures provided herein, this chapter
declares certain conditions to be public nuisances and provides that
such conditions are unlawful and that violations are a misdemeanor.
(Ord. 1125 § 2, 1989)
(a)
Each
of the following conditions is declared to constitute a public nuisance,
and whenever the hearing officer or planning commission determines
that any of such conditions exist upon any premises, they may require
or provide for the abatement thereof pursuant to this chapter and
make the costs of abatement a lien upon the property:
(1)
Any public nuisance known in law or in equity jurisprudence;
(2)
Buildings which are abandoned, partially destroyed, or unsafe as
defined in the adopted Uniform Building Code, or left in an unreasonable
state of partial construction. An unreasonable state of partial construction
is defined as any unfinished building or structure which has been
in the course of construction two years or more, and where the appearance
and other conditions of the unfinished building or structure substantially
detracts from the appearance of the immediate neighborhood or reduces
the property values in the immediate neighborhood;
(3)
Unpainted buildings and those having dry rot, warping, or termite
infestation. Buildings on which the condition of the paint has become
so deteriorated as to permit decay, excessive checking, cracking,
peeling, chalking, dry rot, warping, or termite infestation so as
to render the buildings unsightly and in a state of disrepair;
(4)
Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
(5)
Building exteriors, walls, fences, driveways, sidewalks, and walkways
which are maintained in such condition as to become so defective,
unsightly, or in such condition of deterioration or disrepair that
the same causes depreciation of the values of surrounding property
or is materially detrimental to nearby properties and improvements;
(6)
The accumulation of dirt, litter, or debris in vestibules, doorways,
or the adjoining sidewalks of a building;
(7)
Lumber, junk, trash, garbage, salvage materials, rubbish, refuse,
rubble, broken asphalt, concrete, containers, scrap metal or other
debris stored or deposited on a property such that they are visible
from a public street, alley, or adjoining property;
(8)
Attractive nuisances dangerous to children, including abandoned,
broken, or neglected equipment and machinery; hazardous pools, ponds,
and excavations; abandoned wells, shafts, or basements; abandoned
refrigerators or motor vehicles; any structurally unsound fence or
structure; or any other lumber, trash, garbage, rubbish, refuse, fence,
debris, or vegetation which may prove a hazard for inquisitive minors;
(9)
Abandoned, discarded or unused furniture, stoves, sinks, toilets,
cabinets, or other household appliances or fixtures or equipment stored
so as to be visible at ground level from a public street or alley
or from adjoining property;
(10)
Construction equipment, supplies, materials, or machinery of any
type or description parked or stored in any zone other than the M-1
manufacturing district, except while excavation, construction or demolition
operations covered by an active building permit are in progress on
the subject property or an adjoining property. The foregoing is not
meant to prohibit the use and storage of shopsmiths and tablesaws
that are customarily incidental and accessory to residential hobby
or home improvement use when stored out of view at ground level from
a public street or alley or from adjoining property;
(11)
Improper maintenance of signs relating to uses no longer conducted
or products no longer sold on the property;
(12)
Maintenance of property so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial
diminution of the enjoyment, use or property values of such adjacent
properties;
(13)
Vehicles parked in the open space area of front yards in a residential
zone except when such vehicles are operative, have current licensing
and are parked on a paved drive approach to a required garage or other
permitted driveway or on a fully paved narrow side yard strip adjacent
thereto;
(14)
Property maintained in relation to others so as to establish a prevalence
of depreciated values, impaired investments, and social and economic
maladjustments to such an extent that the capacity to pay taxes is
reduced and tax receipts from such particular areas are inadequate
for the cost of public services rendered therein;
(15)
Maintenance of property in such condition as to be detrimental to
the public health, safety, or general welfare or in such manner as
to constitute a public nuisance as defined in California Civil Code
Section 3480, including, but not limited to, anything dangerous to
human life or detrimental to human health, or any habitation that
is overcrowded with occupants or that lacks adequate ventilation,
sanitation or plumbing facilities, or that constitutes a fire hazard;
(16)
Dead, decayed, diseased, overgrown or hazardous trees, weeds, and
vegetation, cultivated or uncultivated, which is likely to harbor
rats or vermin, or constitute an unsightly appearance, or is detrimental
to neighboring properties or property values;
(17)
Clotheslines in front yard areas and in side yard areas of corner
lots;
(18)
Any wall, fence, or hedge maintained in such condition of deterioration
or disrepair as to constitute a hazard to persons or property or to
cause depreciation in the value of any adjacent or neighboring property;
(19)
Any property with pooled oil accumulation, oil or other hazardous
material flowing onto public rights-of-way, or excessive accumulations
of grease, oil or other hazardous material on paved or unpaved surfaces,
buildings, walls, or fences, or on any public street or property;
(20)
Any front yard area which contains excessive weeds, debris, uncultivated
dirt or other conditions which created an unkempt appearance or which
lacks appropriate decorative healthy planted matter. Concrete or decorative
rock or bark shall be allowable front yard treatment provided that
appropriate turf, plants or other living landscape materials, or synthetic
turf in good condition and meeting the criteria of Section 21.20.055,
are also used in front yards;
(21)
Any condition of vegetation overgrowth which encroaches into, over
or upon any public right-of-way including, but not limited to, streets,
alleys, or sidewalks, so as to constitute either a danger to the public
safety or property or an impediment to public travel;
(22)
The outside storage of boats, catamarans, dinghies, vessels, or other
watercraft in any required front or side yard other than on a validly
licensed trailer parked in a lawful manner;
(23)
A swimming pool, pond or other body of water which is unfiltered,
or not otherwise maintained, resulting in the water becoming polluted.
"Polluted water" means water which contains bacterial growth, algae,
insects, animal life, rubbish, refuse, dirt, debris, papers, chemicals
or other matter or material which, because of its magnitude, nature
or location, constitutes an unhealthy or unsafe condition.
(24)
Any property upon which there have been repeated violations of the
municipal code or other laws or for which there has been a pattern
of activity that would be a violation of the municipal code or other
laws.
(Ord. 1125 § 2, 1989; Ord. 1351 § 1, 2003; Ord. 1431 § 1, 2009)
It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the conditions set forth in Section 8.04.020 shall exist. The procedures for abatement set forth in this chapter shall not be the exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the city from enforcing other city ordinances or provisions of the municipal code or from abating public nuisances in any other manner provided by law.
(Ord. 1125 § 2, 1989)
For purposes of this chapter the term "abandoned" shall, in
addition to such other definitions that may be provided by law, mean
and refer to any item which has ceased to be used for its designed
and intended purpose. The following factors, among others, will be
considered in determining whether or not an item has been abandoned:
(1)
Present
operability and functional utility;
(2)
The
date of last effective use;
(3)
The
condition of disrepair or damage;
(4)
The
last time an effort was made to repair or rehabilitate the item;
(5)
The
status of registration or licensing of the item;
(6)
The
age of the item and degree of obsolescence;
(7)
The
cost of rehabilitation or repair of the item versus its market value;
(8)
The
nature of the area and location of the item.
(Ord. 1125 § 2, 1989)
The terms "owner" and "property owner" as used in this chapter,
and unless otherwise required by the context, shall be deemed to include
any person owning, leasing, occupying, or having charge or possession
of any property in the city.
(Ord. 1125 § 2, 1989)
Whenever the city manager determines, based on the recommendation
of city staff, that any premises within the city may be maintained
in such a manner as to constitute a public nuisance, then the city
manager may direct that a public hearing be conducted to ascertain
whether the same constitute a public nuisance. The notice shall describe
the premises involved by street address or legal description or assessor's
parcel number, shall give a brief description of the conditions constituting
the nuisance, and a brief statement of the proposed methods of abatement.
The city manager may also appoint a hearing officer, to conduct the
nuisance abatement hearing, who may be the director of public works,
director of planning, chief of police or fire chief or any other person
deemed appropriate. The notice shall advise the owner what corrections
need to be done to avoid a public hearing, may suggest methods for
correction, and shall provide a reasonable period to make those corrections.
(Ord. 1125 § 2, 1989)
(a)
The
city clerk shall cause the notice of the hearing to be served upon
the owner of the affected premises by providing a certified copy of
the notice of the time, date and place of the hearing and of the appointment
of the hearing officer.
(b)
Such
service shall be made by registered or certified mail, addressed to
the owner at the owner's last known address, as shown upon city records
or the last equalized taxroll, whichever appears to be the more reliable
address. The city clerk may also cause the property to be conspicuously
posted with the notice, and such posting shall constitute adequate
service in the event that mailed notice is not delivered for any reason.
(c)
The
notice shall be mailed or posted so as to give at least fourteen days
notice of the hearing.
(Ord. 1125 § 2, 1989)
The notice given shall be provided in substantially the following
format:
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"NOTICE OF HEARING ON ABATEMENT OF NUISANCE
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|
A hearing will be held at __________ on __________ at City Hall,
10200 Slater Avenue, Fountain Valley, before the __________, acting
as hearing officer, to determine if the premises at __________ constitute
a public nuisance.
|
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The conditions constituting the public nuisance include the
following: ___________________________.
|
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A public hearing may be avoided if the following corrections
are made at least two days before the date set for the hearing
|
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If it is determined that the property constitutes a public nuisance,
the following abatement action may be taken by the City if the owner
has not taken corrective action:
|
|
If abatement action is taken by the City, the costs of the abatement
will be assessed against the property and will attach as a lien until
paid. All persons having an interest in this matter may attend the
hearing and give testimony and evidence which will be given due consideration."
|
(Ord. 1125 § 2, 1989)
(a)
At
the time stated in the notice, the hearing officer shall hear and
consider all relevant evidence relating to the condition of the property.
The hearing may be continued from time to time.
(b)
Upon
the conclusion of the hearing, the hearing officer shall determine
whether the premises constitutes a public nuisance. If the hearing
officer determines that a public nuisance exists, the hearing officer
shall declare such premises to be a public nuisance and order the
abatement of the same by the property owner within a specified time.
Such declaration shall contain a detailed list of needed corrections
or abatement methods.
(c)
A
copy of the declaration shall be served upon the owner in the same
manner as the notice of hearing.
(Ord. 1125 § 2, 1989)
(a)
Any
person entitled to notice of the heating who has participated in that
hearing and who is dissatisfied by the determinations of the hearing
officer, may appeal those determinations by filing an appeal with
the city clerk within ten days of the date of the order by paying
the appeal fee set by resolution. The appeal shall specify:
(1)
A description of the property;
(2)
The abatement proceedings appealed;
(3)
The owner's legal or equitable interest in the property;
(4)
A statement of disputed and undisputed facts;
(5)
A statement specifying that portion of the proceedings that are being
appealed, together with any evidentiary or supporting materials that
would support the appeal;
(6)
A verification of the truth of all matters asserted.
(b)
The
planning commission, in its sole discretion, may determine whether
or not to grant an appeal. If an appeal is not granted, the decision
of the hearing officer shall be considered the final action on the
matter and the appellant shall be so notified.
(c)
If
the planning commission determines to grant an appeal, it may limit
the issues on appeal, may consider the record produced before the
hearing officer, and may allow additional evidence to be produced.
If the planning commission determines to grant such an appeal, it
shall provide the appellant with a notice utilizing substantially
the same procedure as required for the hearing before the hearing
officer. In said notice the appellant will be apprised of the scope
of the appeal. If an appeal is allowed, the decision of the planning
commission shall be final action and the property owner shall be so
notified of its determinations.
(Ord. 1125 § 2, 1989)
If the nuisance is not completely abated by the date specified
in the hearing officer's declaration, or in the planning commission's
determination, as appropriate, the city manager may immediately cause
the same to be abated by city personnel or under private contract.
The hearing officer or planning commission are also authorized to
grant reasonable extensions on the time period for abatement based
on a proper showing by the property owner of extenuating circumstances
made before the date of city abatement. The owner of the premises
shall be liable to the city for all costs of such abatement, including
administrative costs.
(Ord. 1125 § 2, 1989)
Notwithstanding the provisions of Sections 8.04.060 through 8.04.110, whenever the city manager determines, based on the recommendation of staff, that an immediate threat to the public health or safety exists, the city manager may order the abatement without notice and a hearing. The emergency conditions shall be stated in the order of abatement and reasonable efforts to preserve the evidence of the same shall be undertaken before the abatement occurs. This remedy shall be in addition to any additional authority that may exist for immediate abatement.
(Ord. 1197 § 1, 1993)
City personnel, or any private contractor authorized to abate
the nuisance, shall keep an account of the cost, including incidental
expenses, of abating the nuisances on each separate lot or parcel
of land where the work is done and shall render an itemized report
in writing to the city council by showing the cost of abatement by
rehabilitation, demolition, or repair of the property, buildings or
structure, including any salvage value relating thereto. A copy of
the report shall be posted at City Hall or other official location
for posting city notices for at least five days before it is considered
by the city council. Proof of posting shall be made by affidavit of
the city clerk or deputy city clerk. The term "incidental expenses"
shall include, but not be limited to, the actual expenses and costs
of the city in the preparation of notices, specifications and contracts,
and in inspecting the work and the costs of printing and mailing required
hereunder.
(Ord. 1125 § 2, 1989)
(a)
Before
the city council confirms the costs for the abatement as a lien on
property, prior notice shall be given in compliance with Government
Code Section 38773.1, or any successor statute. The notice shall be
provided to the owner of record of the parcel of land on which the
nuisance was maintained, based on the last equalized assessment roll
or the supplemental roll, whichever is more current. The notice shall
be served in the same manner as a summons, provided that if the owner
cannot be found after a diligent search, the notice may be served
by posting and publication, all as is more specifically provided for
in Section 38773.1.
(b)
The
notice of lien for recordation shall be in substantially the following
form:
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"NOTICE OF LIEN
Claim of the City of Fountain Valley
| |
|
TO: [Name and address of recorded owner of the parcel]
| |
|
Pursuant to the authority vested by the provisions of Chapter 8.04 of the Fountain Valley Municipal Code, the City Manager of the City of Fountain Valley did on or about the __________ day of __________, 20 _____, cause the property hereinafter described to be declared a nuisance and the nuisance conditions thereon abated. The City Council of the City of Fountain Valley did on the __________day of __________, 20_____, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Fountain Valley does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $__________; the same shall be a lien upon the real property until paid in full and discharged of record.
| |
|
The real property hereinabove mentioned, and upon which a lien
is claimed, is that certain parcel of land lying and being in the
City of Fountain Valley, County of Orange, State of California, particularly
described as follows:
| |
|
[legal description]
| |
|
[street address]
| |
|
[AP number]
| |
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Dated this _____ day of __________, 20_____.
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City Manager, City of Fountain Valley"
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(c)
A
nuisance abatement lien shall be recorded in the county recorder's
office and from the date of recording shall have the force, effect
and priority of a judgment lien.
(d)
If
the lien is discharged, released or satisfied, notice of the discharge
shall be recorded.
(e)
A
nuisance abatement lien may be foreclosed by an action of the city
for a money judgment.
(Ord. 1125 § 2, 1989; Ord. 1174 § 1, 1992)
As an alternative to the procedure specified in Section 8.04.130, the cost of the abatement may be made a special assessment against the property on which the nuisance was located. Notice of the special assessment shall be given to the owner of record before the assessment is made, and thereafter the assessment may be collected in the same time and manner as ordinary municipal taxes, and the provisions of Government Code Section 38773.5 or any successor statute shall apply.
(Ord. 1174 § 2, 1992)
In any proceeding to abate a public nuisance for which attorneys'
fees may be recovered pursuant to Government Code Section 38773.5,
recovery of attorneys' fees shall be allowed pursuant to this section.
Reasonable attorneys' fees shall be allowed to the prevailing party.
To obtain such attorneys' fees, the city must elect to proceed pursuant
to this section at the initiation of the individual action or proceeding.
(Ord. 1400 § 1, 2007)
Nothing in this chapter shall be deemed to prevent the city
from commencing a civil or criminal proceeding to abate a public nuisance
or from pursuing any other means available to it under provisions
of applicable ordinances or state law to correct hazards or deficiencies
in real property in addition to or as alternatives to the proceedings
herein set forth.
(Ord. 1125 § 2, 1989)
The owner of any premises within the city has the primary responsibility
of keeping his premises free of public nuisances. Tenants and occupants
of the premises, for the purposes of this chapter, shall be deemed
to be the agents of the owner.
(Ord. 1125 § 2, 1989)
The following procedures are adopted from the California Vehicle
Code, Section 22660 et seq. and are established as the procedures
for the abatement and removal as public nuisances of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof from private property
or public property not including highways and for the recovery or
assumption by the city, of costs of administration and removal thereof.
The following procedures are to be used compatibly and in conjunction
with the foregoing sections of this chapter, but shall take precedence
wherever a conflict occurs.
(1)
In addition to the notice provided in Section 8.04.080, at least ten days' notice shall also be sent to the last registered and legal owner of record, by registered or certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(2)
The notice of determination and declaration set forth in Sections 8.04.070 and 8.04.080 shall include a description of the vehicle, the correct identification number and license number of the vehicle insofar as they are available. The notice of determination and ruling shall be served on both the owner of the premises and the registered and legal owners of the vehicle, if known, as provided above.
(3)
(A)
The owner of the land on which the vehicle is located may appear
in person at the hearing or present a written statement in time for
consideration at the hearing, and deny responsibility for the presence
of the vehicle on the land along with his reasons for such denial.
If it is determined at the hearing that the vehicle was placed on
the land without the consent of the land owner and that he has not
subsequently acquiesced in its presence, then the city shall not assess
costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect
such costs from the owner.
(B)
Vehicles or parts thereof may be disposed of by removal to a scrap
yard, automobile dismantler's yard or any suitable site operated by
the city for processing scrap or by any other final disposition consistent
with these provisions.
(C)
Any person authorized by the city to administer this chapter may
enter upon private property for the purposes specified in this chapter
to examine vehicles or parts thereof, obtain information as to the
identity of the vehicle and to remove or cause the removal of any
vehicle or part thereof declared to be a nuisance pursuant to this
chapter. When such entry would violate any person's reasonable expectation
of privacy, a warrant shall first be obtained.
(D)
A certified copy of the order of disposition of the vehicle or parts
thereof shall be given to and retained by any person or commercial
organization making a final disposition of the vehicle or parts thereof
and said order shall be retained by them in their business records.
(4)
After
a vehicle has been removed as a public nuisance, it shall be destroyed
and under no circumstances shall the vehicle be reconstructed or made
operable.
(5)
This
chapter shall not apply to a vehicle or other personal property mentioned
herein which is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or
private property, or a vehicle or other personal property which is
stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler, licensed vehicle dealer
or a junk yard; provided, however, that this exception shall not authorize
the maintenance of a public or private nuisance as defined under the
provisions of this chapter or any other law.
(6)
This
chapter shall be administered by regularly salaried, full-time employees
of the city except that actual abatement of the nuisance and removal
of any and all items constituting a nuisance hereunder may be by any
other duly authorized person.
(7)
Within
five days after removal of any motor vehicle under this chapter, notice
shall be given to the Department of Motor Vehicles of the date of
removal, disposition thereof and identity of the vehicle or parts.
In addition, all evidence of registration available including registration
certificate, license plates and certificates of title shall be forwarded
to the Department of Motor Vehicles as soon as possible.
(Ord. 1125 § 2, 1989)
(a)
The
owner or other person having charge or control of any buildings or
property who maintains any public nuisance defined in this chapter
or who violates any order of abatement made pursuant to this chapter
is guilty of a misdemeanor except as provided in 8.04.175.
(b)
Any
unauthorized person who removes any notice or order posted as required
in this chapter is guilty of a misdemeanor.
(c)
No
person shall obstruct, impede or interfere with any representative
of the city or with any person who owns or holds any estate or interest
in the property which has been ordered to be vacated, repaired, rehabilitated,
or demolished and removed whenever any such representative of the
city or person having any estate or interest in such property is engaged
in vacating, repairing, rehabilitating or demolishing and removing
any such property pursuant to the provisions of this chapter or in
performing any necessary act preliminary to or incidental to such
work as authorized or directed pursuant hereto.
(d)
Except
as provided in 8.04.175, any person violating or failing to comply
with any of the provisions of this chapter shall be guilty of a misdemeanor
and shall be punished by a fine of not to exceed one thousand dollars,
or by imprisonment not to exceed six months, or by both such fine
and imprisonment. A criminal prosecution may be initiated without
a nuisance hearing, as provided in this chapter, or upon a violation
of any order resulting from such a hearing. Each such person shall
be guilty of a separate offense for each and every day during any
portion of which any violation of the provisions of this chapter is
committed.
(Ord. 1125 § 2, 1989)
A violation of any provision of this chapter shall be a misdemeanor
except that notwithstanding any other provision of this code, any
such violation constituting a misdemeanor may, in the discretion of
the city attorney, be charged and prosecuted as an infraction. Any
person convicted of an infraction shall be punishable by fine only
as follows: upon a first conviction, a fine of not exceeding one hundred
dollars; for a second conviction within a period of one year, by a
fine of not exceeding two hundred dollars; and for each additional
violation within a one-year period, by a fine not exceeding five hundred
dollars.
(Ord. 1125 § 2, 1989)
The following designated officers and employees shall have the
power to arrest persons for the misdemeanor violations of this chapter
whenever the officer or employee has reasonable cause to believe that
the person has committed the offense in his presence:
(Ord. 1125 § 2, 1989)
(a)
If
any person is arrested for a misdemeanor violation of this chapter,
and such person is not taken before a magistrate as is more fully
set forth in the California Penal Code, the arresting officer shall
prepare in duplicate a written notice to appear in court containing
the name and address of such person, the offense charged, and the
time and place where and when such person shall appear in court.
(b)
The
time specified in the notice to appear shall be not less than ten
days after such arrest.
(d)
The
officer shall deliver one copy of the notice to appear to the arrested
person, and the arrested person, in order to secure release, must
give his or her written promise so to appear in court by signing the
duplicate notice, which shall be retained by the officer. Thereupon,
the arresting officer shall forthwith release the arrested person
from custody.
(e)
The
officer shall, as soon as practicable, file a duplicate notice with
the magistrate specified in such notice. The defendant may, prior
to the date upon which he or she promised to appear in court, deposit
with the magistrate the amount of bail set by such magistrate. Thereafter,
at the time when the case is called for arraignment before the magistrate,
if the defendant does not appear, either in person or by counsel,
the magistrate may declare the bail forfeited and may at his or her
discretion order that no further proceedings shall be had in such
case. Upon the making of such order that no further proceedings be
had, sums deposited as bail shall forthwith be paid in the county
treasury for distribution as provided by Section 1463 of the California
Penal Code.
(f)
A
warrant shall not issue on such charge for the arrest of a person
who pursuant to the provisions of this chapter has given such written
promise to appear in court unless and until he or she has violated
such promise, or has failed to deposit bail, to appear for arraignment,
trial or judgment, or to comply with the terms and provisions of the
judgment, as required by law.
(g)
Every
person wilfully violating his or her written promise to appear in
court is guilty of a misdemeanor regardless of the disposition of
the charge upon which he or she was originally arrested.
(h)
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in subsection (c) of this section, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he or she promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his or her arrest. When such person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(Ord. 1125 § 2, 1989)
