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)
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)
