It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of this code. Each day a violation occurs is a separate violation or offense. The city may enforce the provisions of this code by any one or more of the following methods, at the city's discretion:
A. 
Criminal penalties, under Chapter 1.20.
B. 
Civil injunction, under Section 1.16.020.
C. 
Regarding land use and development, by the granting or denial of permits, the forfeiture and revocation of permits, or the recording of a notice of pending action. (See Chapter 17.890 and Sections 1.16.040 and 1.16.050.)
D. 
Administrative citations and penalties, under Chapter 1.24.
E. 
Public nuisance abatement, under Section 1.16.030 or Chapter 8.00.
F. 
Building abatement, under any of the California building codes adopted by the city under Title 15, Buildings and Construction.
G. 
Any other lawful remedy.
(Ord. 978 § 2, 2016)
A violation of this code may be enforced by any civil remedy, including a civil injunction. The city attorney is authorized to initiate any appropriate civil action. If the city prevails, it is entitled to recover from the defendant reasonable attorneys' fees and costs of suit.
(Ord. 978 § 2, 2016)
A condition caused or permitted to exist in violation of this code is a public nuisance.
The condition may be abated in accordance with the procedures in Chapter 8.00 or other specific abatement procedures in this code, or in accordance with the procedures set forth in the uniform codes adopted under Title 15, Buildings and Construction, or by any other lawful remedy.
(Ord. 978 § 2, 2016)
A person who is granted a permit (including a land use entitlement or variance) by the city must comply with each term and condition of the permit. A person who violates or fails to comply with a term or condition of the permit is in violation of this chapter. The city may enforce the permit by any lawful means, including instituting proceedings for revocation. (See also Section 17.890.006.)
(Ord. 978 § 2, 2016)
A. 
Authority to Record Notice of Pending Action. If property in the city exists in violation of this title, and the owner fails or refuses to correct the violation, the city may record a notice of pending action against the affected property.
B. 
Procedure. Before recording a notice of pending action, the city will do the following:
1. 
Notice of Noncompliance. When the enforcement officer determines that compliance to this code under subsection A is not had and they intend to file a notice of pending action, they must provide written notice of the noncompliance to the owner at the address shown on the last equalized assessment roll, by: (a) personal service; or (b) by first class mail and posting a copy on the subject project. The notice will contain: (a) a description of the property; (b) the condition that has caused the noncompliance (and will include reference to relevant municipal code sections); (c) a reasonable time limit to bring the property into compliance; (d) the potential to record a notice of action; and (e) the right to appeal. The enforcement officer may, in his or her discretion, send more than one notice, and conduct an informal show cause hearing to discuss the violation with the owner.
2. 
Appeal—Hearing. Within seven days from the date of giving of notice, the owner or person in control of the property may file an appeal of the notice of noncompliance to the city clerk who shall set a hearing date before a hearing officer appointed by the city manager under Chapter 1.24. The appeal must be in writing, identify the property subject to the notice of pending action, and include a statement setting forth the specific grounds for the appeal. The city will give notice of the hearing date in writing. The hearing date maybe no sooner than seven days from the date when notice of the hearing is given to the appellant and to the enforcement officer. Failure to appeal the notice of noncompliance or appear at the hearing will be deemed a failure of the appellant to exhaust their administrative remedies. The decision of the hearing officer is final.
3. 
Notice of Pending Action. If the notice of noncompliance is not appealed or if the notice of noncompliance is upheld by the hearing officer, the enforcement officer may then file the notice of pending action with the county recorder. The notice will describe the property, certify noncompliance, and state that the owner or person in control of the property has been notified. The notice of pending action, when recorded, is constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215.
4. 
Release. If the owner corrects the violation after the notice has been recorded, and has notified the city in writing and consented to an inspection to confirm the correction, and has paid the fines and costs due to city, the enforcement officer will record a release or cancellation of the notice of pending action.
(Ord. 978 § 2, 2016; Ord. 1065, 12/12/2023)
A. 
Designated City Employees. The following city employees have the authority to enforce provisions of this code as shown:
1. 
City manager: Titles 1, 3, 5 through 10, 12 through 18.
2. 
Chief of police and each peace officer: Titles 1, 3, 5 through 10, 12 through 18.
3. 
Community service officer: BMC Chapters 10.13 through 10.15; Vehicle Code sections authorized by the chief of police and on file with the city clerk; authorization to verify proof of correction for citations of mechanical and registration violations; verification of vehicle identification numbers (VIN) and other parts identification numbers.
4. 
Community development director: Titles 1, 3, 5 through 9, 12 through 18; Chapters 10.20 (Abandoned vehicles), 10.21 (Penalty) and 10.23 (Vehicle repair).
5. 
Public works director: Titles 12, 13, 14, and 16.
6. 
Parks and recreation director: Title 7.
7. 
Finance director: Title 5.
8. 
City engineer: Title 12 and 16.
B. 
City Manager. The city manager has the authority to designate additional city employees who may enforce particular provisions of this code not enumerated in subsection A.
C. 
Criminal Citations. Those city employees designated in subsection A are authorized to issue a criminal citation if that employee has completed a course of training prescribed by the Commission on Peace Officer Standards and Training under Penal Code Section 832. (Penal Code Sections 19.7 and 836.5.) The employee so trained may issue a criminal citation to a person, without warrant, if the employee has reasonable cause to believe that the person has violated this code, thereby committing a misdemeanor or an infraction, in the employee's presence.
(Ord. 978 § 2, 2016)
A. 
Health Officer. The county health officer is designated as the city's health officer. (See also Section 1.01.020, Definitions.)
B. 
Health Laws. Under the authority of California Health and Safety Code Section 101375, the city council gives its consent for the county health officer to enforce and observe in the city: (1) orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the California Health and Safety Code; and (2) statutes relating to public health.
C. 
Adoption of County Ordinances by Reference. Elsewhere in this code, the city has adopted certain county ordinances by reference and authorized county enforcement officials to operate in the city. (See Chapter 6.12, Animal Control Code; and Section 14.01.380, Water wells.)
(Ord. 978 § 2, 2016)