A. 
In General. No person shall violate any provision, or shall fail to comply with any requirement, of this code. Violations of, and failures to comply with, this code are punishable as set forth in this section. Each person violating any provision, or failing to comply with any requirement, of this code is guilty of a misdemeanor unless such a violation or failure is either (1) designated as an infraction or subsequently prosecuted as an infraction, in which case such person is guilty of an infraction, or (2) prosecuted through the administrative penalty procedure of this chapter. Any violation of, or failure to comply with, any provision of this code may be prosecuted as a misdemeanor, as an infraction or through the administrative penalty procedure in the discretion of the city prosecutor.
B. 
Misdemeanor. Each person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine, imprisonment or both as provided by state law.
C. 
Infraction. Each person convicted of an infraction under the provisions of this code shall be punishable by a fine as provided by state law. Notwithstanding the preceding, any person who violates, or fails to comply with, any requirement of this code 3 times within a 12-month period shall be guilty of a misdemeanor for each subsequent violation of such provision within that period.
D. 
Administrative Penalty. Each person who is assessed with an administrative penalty for a particular offense 3 times within a 12-month period shall be guilty of a misdemeanor for each subsequent offense within that period.
E. 
Public Nuisance. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of this code shall constitute a public nuisance and may be abated as such.
(Ord. 1515)
A. 
Pursuant to Penal Code Sections 836.5 and 853.6 et seq., the following city personnel may make arrests and may issue citations for misdemeanor violations of those provisions of this code that such personnel have the duty to enforce:
1. 
Lifeguards.
2. 
Code enforcement officer.
3. 
Designee of the city manager.
B. 
City personnel designated by the city manager may issue citations for infractions and for administrative penalties for those provisions of this code that such personnel have the duty to enforce.
(Ord. 1515)
A. 
In General. Administrative penalties shall be set forth in a penalty schedule established by city council resolution and shall be payable directly to the city. Any person who fails to pay an administrative penalty, or to perform in a timely manner the corrective action designated in an administrative citation, is guilty of a misdemeanor. The city manager may dismiss an administrative citation at any time upon a determination that the citation has been erroneously issued. Any deposit submitted in connection with a request for administrative review of a dismissed citation shall be refunded in full.
B. 
Definitions. For purposes of this section, the words and phrases set forth in this subsection shall mean:
Administrative Citation:
a citation containing the following:
a. 
The code section violated and a description of the violation including the date, location and approximate time of the violation.
b. 
The corrective action required and the deadline for completing such action, if any.
c. 
The administrative penalty imposed for the violation and the deadline for paying such penalty.
d. 
The procedure for appealing the citation by requesting administrative review and the deadline for filing an appeal.
e. 
The printed name and signature of the code enforcement officer issuing the citation.
Code Enforcement Officer:
an officer or employee who is authorized to issue administrative citations.
Legal Interest:
an interest in real property that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument that has been recorded with the county recorder.
Responsible Party:
a person determined by a code enforcement officer to be responsible for violating any provision, or failing to comply with any requirement, of this code.
C. 
Imposition. An administrative penalty shall be assessed by means of an administrative citation issued by a code enforcement officer. Payment of an administrative penalty shall not excuse the failure to correct the violation, nor shall it bar further enforcement action by the city. If a violation pertains to a building, plumbing, electrical or similar structural or zoning issue, and if the violation does not create an immediate danger to health or safety, then an administrative citation shall not be issued for the violation until the responsible party has been provided notice and has failed to take corrective action after being afforded a reasonable opportunity to do so.
D. 
Enforcement.
1. 
Service. The code enforcement officer shall successively attempt to issue an administrative citation to the responsible party by means of personal service, mail, posting or publication. Once service has been effected, the code enforcement officer need not undertake any subsequent method of service.
a. 
Personal Service. If the administrative citation is issued by personal service, then the code enforcement officer shall attempt to obtain the responsible party's signature on the citation. Failure of the responsible party to sign the citation shall not affect the validity of the citation or of subsequent proceedings. Service shall be deemed complete upon delivery of the citation to the responsible party.
b. 
Mail. To issue an administrative citation by mail, the code enforcement officer shall send the citation by certified mail postage prepaid with return receipt requested. The citation may be sent by regular mail in conjunction with the issuance by certified mail. If a citation sent by certified mail is returned unsigned and a duplicate citation sent by regular mail is not returned due to an incorrect address, then the service shall be deemed effective pursuant to regular mail. Service shall be deemed complete on the date of deposit in the mail.
c. 
Posting. To issue an administrative citation by posting, the code enforcement officer shall post the citation on a real property parcel that the responsible party has a legal interest in and that is within the city. Service shall be deemed complete on the posting date.
d. 
Publication. To issue an administrative citation by publication, the code enforcement officer shall cause the citation to be published once a week for 4 successive weeks in a newspaper of general circulation for the city. Service shall be deemed complete on the date of the 4th publication.
2. 
Satisfaction. Upon receipt of an administrative citation, the responsible party shall satisfy the citation by doing the following on or before the deadlines indicated in the citation: (i) complete the corrective action required, if any, and (ii) pay the administrative penalty. Alternatively, no later than 10 days after service of the citation, the responsible party may appeal the citation by requesting administrative review; provided, however, that if the appeal period expires on a day that city hall is not open for business, then the period shall be extended to the next city business day. An appeal shall be submitted to the city clerk in writing and shall be accompanied by a deposit of the full amount of the administrative penalty or by written proof of financial hardship. Proof of financial hardship shall consist of tax returns, bank statements, salary statements or similar documentation demonstrating that the responsible party is unable to deposit the full amount of the administrative penalty. The city manager shall determine whether the deposit shall be reduced or waived due to financial hardship.
E. 
Collection. If a responsible party fails or refuses to satisfy an administrative citation, then the administrative penalty shall be immediately due the city. Such amount may be collected in any manner allowed by law.
F. 
Administrative Review.
1. 
Time and Notice of Hearing. The administrative review hearing shall be conducted by a hearing officer appointed by the city manager. The hearing officer shall conduct a hearing and take the matter under submission no later than 30 city business days following the timely filing of an appeal, unless the responsible party consents in writing to an extension. At least 10 calendar days prior to such hearing, written notice thereof shall be mailed to the responsible party.
2. 
Hearing Procedure. Administrative review hearings shall be conducted in accordance with procedures established by the hearing officer. All parties involved shall have a right to: (i) offer testimonial and documentary evidence bearing on the issues; (ii) be represented by counsel; and (iii) confront and cross-examine witnesses. The hearing officer shall not be bound by formal rules of evidence and may receive, under penalty of perjury, any relevant evidence that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A hearing may be continued for a reasonable time for the convenience of a party or a witness. An administrative citation is prima facie proof of the violation and the code enforcement officer who issued the citation is not required to participate in the hearing.
3. 
Burden of Proof. The city bears the burden of proof of establishing, by preponderance of the evidence, the occurrence of the violation.
4. 
Failure to Attend Hearing. If a responsible party fails to attend an administrative review hearing that such person has requested, and also fails to send a representative to the hearing, then the hearing officer shall dismiss the appeal and the administrative penalty shall be deemed upheld. The hearing officer shall notify the responsible party in writing within 10 days of the dismissal of an appeal due to non-attendance.
5. 
Decision. The hearing officer may uphold, overturn or modify the administrative penalty and any corrective action imposed by an administrative citation. The hearing officer shall, within 45 city business days of the appeal filing date, render a written decision supported by findings. The time period set forth in this section shall not be extended except upon written consent of the responsible party. Notice of the decision and a copy thereof shall be mailed to the responsible party. The decision of the hearing officer shall be final unless council review is ordered.
6. 
Judicial Review. A responsible party may seek judicial review of a final city decision regarding an administrative penalty in accordance with Government Code Section 53069.4.
(Ord. 1515)
Whenever any act or omission is prohibited by this code, such prohibition shall be deemed to prohibit the aiding, abetting, causing, concealing or permitting of such act or omission. Any person who shall aid, abet, cause, conceal or permit such act or omission shall be guilty of a violation of this code and shall be punishable in accordance with the punishment prescribed for such act or omission.
(Ord. 1515)
Each person shall be guilty of a separate offense for every day any violation of this code, or any failure to comply with a requirement of this code, is committed, continued or permitted and shall be punishable accordingly.
(Ord. 1515)
In any case in which a person is arrested for a criminal offense, a criminal justice administrative fee is imposed by the county for the arrest, and the person is convicted of a criminal offense related to the arrest, the convicted person shall reimburse the city for the entire amount of such fee.
(Ord. 1515)