The ordinances embraced in the following chapters and sections
shall constitute and be designated as the "Escondido Municipal Code,"
and may be so cited.
(Ord. No. 84-3, §§ 1, 1-11-84)
In the construction of this Code, the rules and definitions
set out in this section shall be observed, unless such construction
would be inconsistent with the manifest intent of the city council.
The rules of construction and definitions set out herein shall not
be applied to any section of this Code which shall contain any express
provision excluding such construction, or where the subject matter
or context of such section may be repugnant thereto.
All general provisions, terms, phrases and expressions contained
in this Code shall be liberally construed in order that the true intent
and meaning of the city council may be fully carried out.
In the interpretation and application of any provision of this
Code, they shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of the Code imposes greater restrictions
upon the subject matter than the general provision imposed by the
Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
The words "the city" or "this city" shall mean the City of
Escondido, California. The words "in the city" shall mean and include
all territory over which the city now has or shall hereafter acquire
jurisdiction for the exercise of its police powers or other regulatory
powers.
The words "City Hall" shall mean 201 North Broadway, Escondido,
California.
Unless otherwise specifically provided, the time within which
an act is required to be done shall be computed by excluding the first
day and including the last; except that the last day shall be excluded
if it is Sunday or a holiday.
Whenever the word "council" is used in this Code, it shall
be construed to mean the city council of the City of Escondido, California.
The words "the county" or "this county" shall mean the County
of San Diego in the State of California.
A day is the period of time between any midnight and the
midnight following.
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
Whenever a provision appears requiring the head of a department
or other officer of the city to do some act or perform some duty,
or granting some right to him as such official, it shall be construed
to authorize such department head or officer to designate, delegate
and authorize subordinates to do the required act or perform the required
duty, or it shall grant to them such right, unless the terms of the
provisions designate otherwise.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
Those dates established by resolution of the city council
from time to time on which the public offices of the city shall be
closed.
The word "month" shall mean a calendar month.
Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
Technical words are to be interpreted as usually understood by persons
in the profession or business to which they relate, unless clearly
used in a different sense.
The singular number shall include the plural and the plural
number shall include the singular.
The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Whenever certain hours are named in this Code, they shall
mean Pacific standard time or daylight-saving time, as may be in current
use in the city.
Whenever reference is made to officials, boards, commissions,
departments or other municipal agents by Title only, such reference
shall be read as though followed by the words "of the City of Escondido,
California."
The word "owner" applied to real estate shall include any
part owner, joint owner, tenant in common, tenant in partnership,
joint interest or other fee interest in the whole or a part of such
real estate.
The word "person" shall mean a natural person, firm, corporation,
organization, company, association, business trust, joint-stock company,
partnership, joint venture, club, or the agent, servant, manager,
officer, employee or lessee of any of them.
Includes every species of property, except real property
as defined in this section.
The words "preceding" and "following" shall mean next before
and next after, respectively.
The word "process" shall include a writ or summons issued
in the course of judicial proceedings of either a civil or criminal
nature.
The word "property" shall include real and personal property.
The words "real property" shall include lands, tenements
and hereditaments.
"Shall" is mandatory and "may" is permissive.
"Signature" or "subscription" includes a mark when the signer
or subscriber cannot write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but, a signature or subscription by
mark can be acknowledged or can serve as a signature or subscription
to a sworn statement only when two witnesses so sign their own names
thereto.
The words "the state" or "this state" shall mean the State
of California.
The word "street" shall be construed to include streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public ways in the city and shall include all parts thereof constituting
the designated right-of-way.
The word "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or an oral lease
of, or who occupies the whole or a part of, such building or land,
either alone or with others.
The present tense includes the past and future tenses, and
the future includes the present.
Writing includes any form of 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 expressly provided
otherwise.
The word "year" means a period of 365 days. The added day
of leap year, and the day immediately preceding, if they occur in
any such period, shall be reckoned together as one day.
(Code 1957, §§ 0000—0004, 0006,
0015, 0016, 0017—0017.2; Ord. No. 86-1, § 1, 1-15-86; amended
during 3-94 supplement)
The provisions appearing in this code, so far as they are substantively
the same as those of ordinances existing at the time of the effective
date of this code, shall be considered as continuations thereof insofar
as they apply to conditions existing prior to the effective date of
this code.
(Code 1957, § 0031)
The catchlines of the several sections of this code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, unless otherwise expressly
provided, nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are amended or
reenacted.
The repeal of an ordinance shall not revive any ordinances 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 for violation of said ordinance pending at the time
of the repeal.
Prosecution for violation of ordinances committed prior to the
effective date of this code shall not be affected by the adoption
of the code or by its repeal of such ordinances.
(Code 1957, § 0032)
Neither the adoption of this code nor its repeal of any ordinance
shall be construed as a waiver of any license or penalty due and unpaid
under such ordinance at the effective date of the code; nor shall
such adoption or repeal be construed as affecting any provision of
such ordinance relating to the collection of any such license or penalty
or the penal provisions applicable to the violation thereof.
(Code 1957, § 0033)
Neither the adoption of this code nor its repeal of any ordinance
shall affect the validity of any bond or cash deposit required to
be posted, filed or deposited pursuant to such ordinance; and all
rights and obligations thereunder shall continue in full force and
effect.
(Code 1957, § 0034)
This code shall not affect deposits or other matters of record
which refer to, or are otherwise connected with, ordinances which
are therein specially designated by number or otherwise and which
are included in the code; but such references shall be construed to
apply to the corresponding provisions of the code.
(Code 1957, § 0035)
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
code are severable, and if any phrase, clause, sentence, paragraph
or section of this code shall be declared unconstitutional, invalid
or unenforceable by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
(Code 1957, § 0018)
All ordinances passed subsequent to the Municipal Code which
amend, repeal or in any way affect this Municipal Code, may be numbered
in accordance with the numbering system of this code and printed for
inclusion herein. When subsequent ordinances repeal any chapter, section
or subsection or any portion thereof such repealed portions may be
excluded from this code by omission from reprinted pages. The subsequent
ordinances as numbered and printed, or omitted in the case of repeal,
shall be prima facie evidence of such subsequent ordinances until
such time that this municipal code and subsequent ordinances numbered
or omitted are readopted as a new municipal code by the city council.
Amendments to any of the provisions of this code may be made
by amending such provisions by specific reference to the section number
of this code in the following language: "That section __________of
the Escondido Municipal Code is amended to read as follows:__________."
The new provisions shall then be set out in full as desired.
In the event a new section not heretofore existing in the code
is to be added, the following language may be used: "That the Escondido
Municipal Code is amended by the addition of section __________ which
reads as follows:__________." The new section shall then be set out
in full as desired.
(Code 1957, § 0023; Ord. No. 84-3, § 2, 1-11-84)
It shall be unlawful for any person, firm or corporation to
change or amend by additions or deletions, any part or portion of
this code or to insert or delete pages, or portions thereof, or to
alter or tamper with such code in any manner whatsoever which will
cause the law of the city of Escondido to be misrepresented thereby.
(a)
It
shall be unlawful for any person to violate or fail to comply with
any provisions of this code. A violation of any of the provisions
or failing to comply with any of the mandatory requirements of this
code shall constitute a misdemeanor except that notwithstanding any
other provisions of this code, any such violation constituting a misdemeanor
under this code may, in the discretion of the city attorney having
prosecutorial functions, be charged and prosecuted as an infraction.
Any person convicted of a misdemeanor under the provisions of this
code shall be punished by fine of not exceeding $1,000, or imprisonment
not exceeding six months, or by both such fine and imprisonment in
the discretion of the court.
(b)
Each
person shall be guilty of a separate offense for each and every day
during any portion of which any violation of this code is committed,
continued or permitted by such person; and he or she shall be punished
accordingly.
(Code 1957, §§ 0041, 0044; Ord. No. 85-4, § 1, 1-23-85; Ord. No. 2003-02, § 1, 2-5-03)
In addition to the penalties provided in section 1-13, 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 the
city, summarily abated as such; and each day that such condition continues
shall be regarded as a new and separate offense.
(Code 1957, § 0046)
Whenever a notice is required to be given under this Code, unless
different provisions are otherwise specifically made herein, such
notice may be given either by personal delivery thereof to the person
to be notified or by deposit 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 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.
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.
(Ord. 1956, § 0052)
(a)
Any
person violating or failing to comply with any provisions of this
Code or committing any act or omission to act declared to be an infraction,
where no specific penalty is provided therefor, shall be punished
by a fine not more than $100 for a first violation, and for a second
violation of the same ordinance within one year by a fine of not more
than $200, and for each additional violation of the same ordinance
within one year, by a fine of not more than $500.
(b)
Each
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 he shall
be punished accordingly.
(Ord. No. 75-4, § 1, 2-13-75; Ord. No. 85-4, § 2, 1-23-85)
Whenever any person is arrested for any violation of this code,
not declared to be a felony, the arrested person shall be taken without
unnecessary delay before a magistrate within the county in which the
offense charged is alleged to have been committed and who has jurisdiction
of the offense and is nearest or most accessible with reference to
the place where the arrest is made in any of the following cases:
(a)
When
the person arrested fails to present his driver's license or other
satisfactory evidence of his identity for examination;
(b)
When
the person arrested refuses to give his written promise to appear
in court;
(c)
When
the person arrested demands an immediate appearance before a magistrate.
(Ord. No. 75-45, § 1, 11-19-75)
Except when otherwise specifically indicated the obligations
imposed upon city officers or employees for implementation and enforcement
of this Code are directory in nature. Nothing in this Code shall be
construed as limiting or eliminating any defense or immunity from
liability for the city or its officers or employees established by
the provisions of Title 1, Division 3.6 of the California Government
Code or by any other provision of law. Except when otherwise specifically
indicated, the manner and timing of enforcement and implementation
of this Code shall be within the discretion of the city manager or
other designated city officers or employees. Except when otherwise
specifically indicated this Code shall not be construed to hold the
city or any officer or employee of the city responsible for any damage
to persons or property by reason of a failure to enforce, implement
or execute any of the provisions of this Code. Nothing in this Code
shall be construed to hold the city or any officer or employee of
the city responsible for any damage resulting to persons or property
by reason of any interpretation of this Code by any city officer or
employee.
(Ord. No. 85-41, § 1, 6-19-85)
(a)
Declaration
and purpose.
(1)
The council finds and determines that there is a need for alternative
methods of enforcement of this code, the zoning code, and laws which
these codes adopt by reference. The council further finds and declares
that the imposition of civil penalties upon violators of provisions
of the codes is a necessary alternative method of enforcement.
(2)
The procedures established in this section shall be in addition to
any other legal remedy established by law which may be pursued to
address violations of the codes.
(3)
The civil penalties provided by sections 1-20 through 1-27 of this
chapter are designed to provide remedial sanctions to approximate
the damages, costs, and other losses to the city when violations of
the codes occur.
(Ord. 90-45, § 1, 9-5-90)
Whenever used in this chapter, Code shall mean the Escondido
Municipal Code, the Escondido Zoning Code, or any law which they adopt
by reference.
shall include the city manager or any department head in
the city, or their designated agents or representatives.
means any person appointed by the city manager to preside
over the administrative hearings provided for by this section.
means any natural person, firm, association, club, organization,
corporation, partnership, business, trust, company or any other entity
which is recognized by law as the subject of rights or duties.
(Ord. 90-45, § 1, 9-5-90)
(a)
Any
person violating any provisions of the code may be subject to civil
penalties as provided in this section.
(b)
Each
and every day a violation of any provision of the code exists constitutes
a separate and distinct offense.
(c)
Civil
penalties may be directly assessed by means of a notice and order
issued by the director and/or hearing officer and may be recovered
by assessment of a lien or legal action brought by the city attorney.
(d)
Civil
penalties assessed by means of a notice and order shall be collected
in accordance with the administrative procedures specified in this
section or shall be collected in the same manner as judgments in civil
actions.
(e)
A civil
penalty for a violation of any provision of the code shall be assessed
at a daily rate determined by the director or hearing officer up to
a maximum of $2,500 per day per violation, except that the maximum
civil penalty shall not exceed $100,000 for any related series of
violations.
(f)
In
determining the amount of the civil penalty to be imposed, the hearing
officer may consider some or all of the following factors:
(1)
The duration of the violation;
(2)
The frequency or reoccurrence of the violation;
(3)
The seriousness of the violation;
(4)
The history of such violation;
(5)
The violator's conduct after issuance of the notice and order;
(6)
The good faith effort by the violator to comply;
(7)
The economic impact of the penalty on the violator;
(8)
The impact of the violation upon the community and the city;
(9)
Any other factors which justice may require.
(g)
Civil
penalties shall begin to accrue 10 days from the date the notice and
order is issued and shall cease to accrue on the date the violation
is deemed corrected by the director.
(h)
If
compliance is not achieved within 10 days from the date the notice
and order is issued, the director shall fix the date, time, and place
for an administrative hearing.
(Ord. 90-45, § 1, 9-5-90)
(a)
Whenever
the director determines that a violation of one or more provisions
of the code has occurred or exists, a written notice and order may
be issued to the violators and/or any property owners.
(b)
The
notice and order shall refer to the code section violated and describe
how the sections are or have been violated.
(c)
The
notice and order shall refer to the dates and locations of all violations.
(d)
The
notice and order shall describe the action required to correct the
violation.
(e)
The
notice and order shall require the violators and/or property owners
to correct the violations by a certain date. The notice and order
shall state that civil penalties shall immediately begin to accrue
if compliance is not achieved by the date set forth in the notice
and order.
(f)
The
notice and order shall state the consequences should the violators
and/or property owners fail to comply with the terms of the notice
and order prescribed in this section.
(g)
The
notice and order shall be served upon the violators and/or the property
owners or their agents by any one of the following means:
(h)
The
failure of any person with an interest in the property to receive
such notice shall not affect the validity of any proceedings taken
under this section. Service by certified mail in the manner described
in this section shall become effective on the date of mailing.
(Ord. 90-45, § 1, 9-5-90)
(a)
If
the violation is not corrected within 10 days from the date the notice
and order is issued, the director shall fix a date, time and place
for the hearing and request the city manager to appoint a hearing
officer. Written notice of the time and place of the hearing shall
be served at least 10 days prior to the date of the hearing to the
violators and/or each party having a legal interest in the property
by any of the methods listed in subsection (g) of section 1-23.
(b)
Scope
of hearing.
(1)
Existence of violation. The hearing officer shall consider whether
a preponderance of evidence demonstrates the existence of the violation.
The violators and/or record owners or agents or persons in possession
of the property on which the violation is located or any other interested
persons may present testimony or evidence concerning the existence
of the violations, and the means and time frame for correcting the
violation.
(2)
Civil penalties. The hearing officer shall identify the time frame
involved in assessing the civil penalty and shall explain all factors
considered in determining the amount of the civil penalty to be imposed.
In determining or confirming the amount of the civil penalty to be
imposed, the hearing officer shall consider those factors outlined
in subsection (f) of section 1-22. The violators, property owners,
agents, or persons in possession of the property on which the violation
is located or any other interested person may present testimony or
evidence relating to the civil penalties and those factors outlined
in subsection (f) of section 1-22.
(c)
Procedures
for conducting hearings. Hearings shall be conducted in an expeditious
manner to enable all interested parties to present relevant evidence
on the assessment and amount of the civil penalties. Formal rules
of evidence shall not be required. Time limits for presenting evidence,
order of testimony, handling of exhibits, and similar matters shall
be at the discretion of the hearing officer.
(d)
Failure
to attend hearing. Failure of the violators and/or any party having
a legal interest in the property to attend the hearing shall constitute
a waiver of rights to an administrative hearing and adjudication of
the notice and order or any portion thereof.
(Ord. 90-45, § 1, 9-5-90)
(a)
Failure
to pay civil penalties. Upon the failure of any person to pay the
assessed civil penalties by the date specified in the hearing officer's
decision, the unpaid amount shall constitute:
(1)
A personal obligation of the violators and/or property owners; and/or
(2)
A lien upon the real property upon which the violation is located
if the civil penalties have been assessed as to the property owners.
The lien shall continue until the civil penalties are fully paid or
the property is sold or transferred.
(b)
Failure
to correct violation. Upon the failure of the violator and/or property
owners or their agents to correct the violations as specified in the
hearing officer's decision, civil penalties may continue to accrue
on a daily basis until the violation is corrected except that such
amount shall not exceed $100,000.
(Ord. 90-45, § 1, 9-5-90)
(a)
Personal
obligation. If collected as a personal obligation, the director shall
collect this obligation by the use of all appropriate legal means.
If unable to collect the obligation, the director shall refer the
obligation to the city attorney to file a court action to recover
these costs.
(b)
Lien.
If collected as a lien, the director shall refer the lien to the county
auditor in accordance with the procedures set forth in sections 6-496
and 6-497 of this code. The director shall file a withdrawal of the
notice with the county recorder once the civil penalties are paid
in full.
(c)
Continuing
noncompliance. When a violation continues after the hearing officer
renders a decision, the director shall recover the civil penalties
in the following manner:
(1)
Review schedule. The director shall set up a schedule to monitor
the violation and determine if the violation has been corrected.
(2)
Accounting report. The director shall keep an itemized account of
the daily rate and amount of civil penalties accruing.
(3)
Subsequent compliance. If the violation is subsequently corrected,
the director shall establish a hearing in the same manner as provided
for in section 1-24 of this code and provide a notice to the violators
and/or property owners. The notice shall identify the responsible
parties and state the outstanding amount of civil penalties which
have accrued.
(4)
Recovery of civil penalties. The subsequent civil penalties accrued
shall be collected in the same manner provided in this section. If
unable to collect any obligation, the director shall refer the obligation
to the city attorney to recover these costs.
(Ord. 90-45, § 1, 9-5-90)
All civil penalties shall be deposited in a fund established
by the city to reimburse investigative costs. Civil penalties deposited
in this fund shall be appropriated and allocated in a manner determined
by the city manager. The city finance officer shall establish accounting
procedures to ensure proper account identification, credit and collection.
(Ord. 90-45, § 1, 9-5-90)
Any person failing to pay any city billing in full within the
specified time period shall be charged late fees, penalties and interest
as set by resolution.
shall mean a per annum percentage charge commencing when
the account becomes past due.
shall mean a fine imposed for a late payment. A payment is
considered late if it is received past the due date.
(Ord. No. 94-40, § 1, 12-14-94)
