A.
This
chapter authorizes the imposition of administrative fines on any person
who violates any provision of this ordinance in order to encourage
and obtain compliance with the provisions of this ordinance for the
benefit and protection of the entire community. This chapter governs
the imposition, enforcement, collection and administrative review
of all administrative fines, related to: the possession, use, storage,
sale and/or display of those fireworks classified as "dangerous fireworks"
in California Health and Safety Code Section 12500, et seq., with
the exception of a pyrotechnic licensee when operating pursuant to
that license. Said administrative fines are imposed under authority
of Government Code Section 53069.4, Health and Safety Code Section
12557, and the police power of the city.
B.
The
issuance of citations imposing administrative fines may be performed
at the discretion of the officials of the city authorized hereunder;
and the issuance of a citation to any person constitutes but one remedy
of the city to redress violations of this code by any person. By adopting
this chapter, the city does not intend to limit its authority to employ
any other remedy, civil or criminal, to redress any violation of this
code by any person, which this city may otherwise pursue.
C.
The
imposition of fines related to "dangerous fireworks" under this chapter
shall be limited to persons who possess, sell, use and/or display,
or the seizure of, twenty-five pounds or less (gross weight) of such
dangerous fireworks.
D.
Fines
collected pursuant to this chapter related to "dangerous fireworks"
shall not be subject to Health and Safety Code Section 12706, which
section provides that certain fines collected by a court of the state
be deposited with, and disbursed by, the county treasurer. However,
the city shall provide cost reimbursement to the state fire marshal
pursuant to regulations to be adopted by the state fire marshal addressing
the state fire marshal's cost for the transportation and disposal
of "dangerous fireworks" seized by the city, which costs will be part
of any administrative fine imposed. Unless and until said regulations
have been adopted by the state of California, the city shall hold
in trust two hundred fifty dollars or twenty-five percent of any fine
collected, whichever is greater, to cover the cost reimbursement to
the state fire marshal for said cost of transportation and disposal
of the "dangerous fireworks."
E.
Because
of the serious threat of fire or injury posed by the use of "dangerous
fireworks" that can result from persistent or repeated failures to
comply with the provisions of this code and the effect of such conditions
or activities on the safety and the use and enjoyment of surrounding
properties and to the public health, safety and welfare, this chapter
imposes strict civil liability upon the owners of residential real
property for all violations of this code existing on their residential
real property. Each contiguous use, display and/or possession shall
constitute a separate violation and shall be subject to a separate
administrative fine.
(Ord. 769-U § 4, 6-18-2012)
The following definitions apply to the use of these terms for
the purposes of this section:
means any person served with an administrative citation charging
him or her as a responsible person for violation.
means an administrative citation issued pursuant to this
section to remedy a violation.
means the Crescent City Municipal Code.
means any employee or agent of the city of Crescent City
designated by the city council to enforce any provision of this code.
means the city manager or his or her designee.
means any of the following:
The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
Mailing of administrative fine citation to the citee by certified
mail with return receipt, to the address shown on the official records
of the county assessor; or
By personally serving the responsible party by personal delivery
of the administrative fine citation or by substituted service. Substituted
service may be accomplished as follows:
By leaving a copy at the recipient's dwelling or usual place
of abode, in the presence of a competent member of the household,
and thereafter mailing by first class mail, postage pre-paid, a copy
to the recipient at the address where the copy was left; or
In the event the responsible party cannot be served by first
class mail, postage pre-paid, or cannot be personally served and has
a property manager or rental agency overseeing the premises, substituted
service may be made upon the property manager or rental agency or
may be affected by posting the property with the administrative fine
citation and mailing a copy by first class mail, postage pre-paid,
to the responsible party in violation at the address of the property
where the violation exists.
means the person appointed by the city manager to serve as
the hearing officer for administrative hearings hereunder.
means a natural person or a legal entity that is also an
owner, tenant, lessee and/or other person with any right to possession
or control of the property where a violation of this code occurred.
means a person who causes a code violation to occur or allows
a violation to exist or continue, by his or her action or failure
to act, or whose agent, employee or independent contractor causes
a violation to occur, or allows a violation to exist or continue.
There is a rebuttable presumption that the record owner of a residential
parcel, as shown on the county's latest equalized property taxes assessment
rolls, and a lessee of a residential parcel has a notice of any violation
existing on said property. For purposes of this chapter, there may
be more than one responsible person for a violation. Any person, irrespective
of age, found in violation of any provision of this chapter may be
issued a citation in accordance with the provisions of this chapter.
Every parent, guardian or other person, having the legal care, custody
or control of any person under the age of eighteen years, who knows
or reasonably should know that a minor is in violation of this chapter,
may be issued a citation in accordance with the provisions of this
chapter, in addition to any citation that may be issued to the offending
minor.
refers to any violation of any provision of this code.
(Ord. 769-U § 4, 6-18-2012)
A.
Whenever
a code enforcement officer (CEO) determines that a violation of the
code has occurred, the CEO may issue an administrative citation on
a city-approved form listing the code violation(s) and the amount
of the administrative fine required to be paid by the responsible
person(s) in accordance with the provisions of this chapter.
B.
Each
administrative citation shall contain the following information:
1.
The
name, mailing address, date of birth, CDL number, and home or business
telephone number of the responsible person charged with any violation
of this code;
2.
The
address or description of the location of the violation;
3.
The
date or dates on which the person violated this code;
4.
The
section or sections of this code that were violated;
5.
A
description of the violation(s);
6.
The
amount of the administrative fine for each violation, the procedure
in place to pay the fines, and any late fee and interest charge(s),
if not timely paid, and notice that if the city is required to take
action to collect such fines, the responsible person may be charged
costs and attorney's fees;
7.
Notice
of the procedure to request an administrative hearing to contest the
citation (including the form to be used, how to obtain the form, and
the period within which the request must be made in order for it to
be considered timely);
8.
The
names, addresses and telephone numbers of any witnesses to the violation(s);
9.
The
name and signature of the CEO who issued the citation and the name
and signature of the citee, if he or she is physically present and
will sign the citation at the time of its issuance. The refusal of
a citee to sign a citation shall not affect its validity or any related
subsequent proceedings, nor shall signing a citation constitute an
admission that a person is responsible for a violation of the code;
10.
Any other information deemed necessary by the director for enforcement
or collection purposes.
(Ord. 769-U § 4, 6-18-2012)
A.
Each
person who violates any provision of this code as it relates to the
possession, use, storage, sale and/or display of "dangerous fireworks"
shall be subject to the imposition and payment of an administrative
fine or fines as provided below:
|
Number of Offenses in 1-Year Period
|
Amount of Administrative Penalty
|
Late Charge
|
Total Amount of Penalty Plus Late Charge
|
|---|---|---|---|
|
First
|
$1,000.00
|
$250.00
|
$1,250.00
|
|
Second
|
$2,000.00
|
$500.00
|
$2,500.00
|
|
Third
|
$3,000.00
|
$1,000.00
|
$4,000.00
|
B.
All
administrative fines and any late charges and interest due shall be
paid to the city at such a location or address as stated on the citation,
or as may otherwise be designated by the city manager. Payment of
any fine or fines shall not excuse the citee from complying with the
provision of the code so violated. The issuance of the citation and/or
payment of any fine shall not bar the city from employing any other
enforcement action or remedy to obtain compliance with the provisions
of the code so violated including the issuance of additional citations
and/or criminal prosecution.
C.
Upon
confirmation of the citation or when the citation is deemed confirmed,
all unpaid administrative fines, late fees and/or interest shall constitute
a judgment which may be collected in any manner allowed by law for
collection of judgments including but not limited to recordation to
create a lien on any real property owned by the responsible person.
The city shall be entitled to recover its attorney's fees and costs
incurred in collecting any administrative fines, late charges and/or
interest.
D.
Payment
of the administrative fine shall not excuse or discharge a citee from
the duty to immediately abate and correct a violation of the code,
nor from any other responsibility or legal consequences for a continuation
or a repeated occurrence(s) of a violation of the code.
(Ord. 769-U § 4, 6-18-2012)
A.
Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing with the city in accordance with Chapter 1.24 of the code. If the city does not receive the request in the required time period, the citee will be deemed to have waived the right to a hearing and the citation confirmed and final. The failure of a citee to receive a properly addressed notice of hearing will not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.
(Ord. 769-U § 4, 6-18-2012)
