The Council finds that enforcement of the municipal code and applicable State Codes throughout the City is an important public service. Code enforcement is vital to protect the public's health, safety and quality of life. The Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with code regulations.
(Ord. 554 § 3, 2019)
The City Manager and enforcement officers have the authority and powers necessary to gain compliance with the provisions of the municipal code and applicable State Codes. These powers include, to the extent permitted by law, the power to issue informal and written warnings, administrative citations, and monetary penalties, inspect public and private property, arrest without a warrant whenever they have probable cause to believe the person to be arrested has committed a violation and use whatever judicial and administrative remedies are available under the municipal code or applicable State Codes.
(Ord. 554 § 3, 2019)
The City Manager is authorized to promulgate and enforce rules and regulations applicable to privately sponsored or organized events that are free and open to the public that have not been approved, permitted or licensed by the City in order to protect the health, safety, and welfare of City residents, businesses, and visitors. This authority allows the City Manager to deploy resources and exercise the City's authority as appropriate to the circumstances. The rules and regulations may include, but are not limited to, regulation of traffic flow on City streets, closure of City streets, temporary parking regulations, prohibitions on vending or performances, special trash disposal requirements or frequencies, regulation of noise or hours of operation, provision or requirements for portable toilets, or other health and safety provisions tailored to address the external impacts of these privately organized community events. Rules and regulations promulgated under this chapter may be enforced independently of or in addition to enforcement of any other provision of the Santee Municipal Code in accordance with SMC 1.08. Enforcement may include, but is not limited, temporary or permanent cessation of the private community special event if there is failure to comply with the promulgated rules and regulations.
(Ord. No. 617, 10/23/2024)
Every responsible person who maintains, permits, or allows a violation of this code, ordinance, order, permit, entitlement, condition or provision of approval, or term or condition of approval of the City of Santee is guilty of a separate offense for each and every day during any portion of which a violation is committed, continued or permitted by any such person within a 12-month period.
(Ord. 554 § 3, 2019)
Enforcement officers are authorized to enter upon any property or premises to determine whether the provisions of the municipal code or applicable State Codes are being obeyed, and to make any examinations and surveys necessary in the performance of their enforcement duties. These may include taking photographs, samples or other physical evidence. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 through 1822.59.
(Ord. 554 § 3, 2019)
A. 
To the fullest extent allowed by law, any person violating any provision or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor; except that notwithstanding any other requirement of the code, any violation constituting a misdemeanor under this code may, in the discretion of the City Attorney or other prosecutor, be charged and prosecuted as an infraction. Any violation of any provision or failure to comply with any of the mandatory requirements of this code may also be subject to an administrative citation and/or fine issued under this code or any other available remedy.
B. 
If any person is arrested for a violation of any one or more of the provisions of this code and such person does not demand to be taken before a judge, the arresting officer may issue a citation in the manner prescribed in Chapter 5C of Title 3 of Part 2 of the Penal Code (commencing with Section 853.5).
(Ord. 554 § 3, 2019)
Except in cases where a different punishment is prescribed by this code or any ordinance of the City of Santee, any person convicted of a misdemeanor for violating any provision of this code is punishable by a fine or imprisonment or both in the amounts established by Penal Code Section 19 or such other provision of State law, as they currently exist or may hereafter be amended.
(Ord. 554 § 3, 2019)
Any person convicted of an infraction for violating any provision of this code or ordinance of the City of Santee, is punishable by a fine not exceeding the amount established by Penal Code Section 19.8 or other provision of State law, as they currently exist or may hereafter be amended.
(Ord. 554 § 3, 2019)
A. 
Administrative Penalties, Generally. Any person violating any provision of the code may be subject to an administrative enforcement action pursuant to this code, as further set forth in Chapter 1.08, and administrative fines at a daily rate determined by the City Manager in accordance with Section 1.08.020; provided, however, that the amounts listed in that section are not a limitation on the City Manager's authority to negotiate settlements which exceed the maximum administrative penalty amounts or to establish administrative penalty amounts up to the maximum rate of $5,000.00 per violation in accordance with Section 1.08.020 and Government Code Sections 54740 and 54740.5, if applicable, and the maximum total amount of $250,000.00, unless City Council provides otherwise by resolution.
B. 
Civil Penalties, Generally. Any provision of this code may be enforced by a civil enforcement action, including, but not limited to, an injunction issued by the Superior Court upon a suit brought by the City of Santee, an order for recovery of the City's enforcement costs in accordance with Section 1.08.020, and civil penalties sought by the City.
(Ord. 554 § 3, 2019)