(a)
Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.
(b)
Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than five hundred dollars ($500.00).
(1)
Pursuant to Government Code Section 36900, a violation of a building and safety code determined to be an infraction is punishable by a fine not exceeding one hundred thirty dollars ($130.00) for the first violation, a fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance within one (1) year, and a fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one (1) year of the first violation; a fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(2)
Any infraction fines levied as result of a second or more violations of the same ordinance within one (1) year may be entitled to a hardship waiver. Any person seeking a hardship waiver must submit a written request within fifteen (15) days of issuance of the fine to the City Clerk's office to be reviewed by the City Manager. The hardship waiver request must include evidence that the responsible party has made a bona fide effort to comply with the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party, including evidence that the responsible party is enrolled in a State of California public assistance program, such as Medi-Cal. The City Manager shall issue a written determination on the hardship waiver request to be served by regular mail on the requesting party. The City Manager's determination on the hardship waiver is final and not subject to further appeal.
(c)
In addition to the penalties provided by this section, any condition caused, maintained, or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, or any subdivision, building, wiring, plumbing or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense.
(d)
No person shall violate any provision or fail to comply with any of the requirements of this Code. In addition to any other legal remedies which may be pursued by the City, any violation of this Code may be subject to administrative citation as provided in Chapter 7 of this title.
(e)
Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of a misdemeanor:
Title | Chapter | Article/ Section | Chapter Description |
|---|---|---|---|
4 | 2 | Entire | Emergency Plans |
4 | 11 | Entire | Electric Personal Assistive Mobility Devices (EPAMD) |
5 | 5 | Entire | Card Rooms |
5 | 9 | .03 (For a subsequent violation occurring within ninety (90) days of first violation) | Intoxication; Consumption of Alcoholic Beverages on Public Streets or on Private Property Adjacent Thereto |
5 | 20 | 2 | Weapons; Saturday Night Special/Junk Gun Sales Prohibition |
5 | 21 | .12 | Bingo Games; Profits: Separate Accounts; Records; Violations; Penalties |
5 | 30 | 5-30.1.18(a) | Regulation of Firearms Dealers |
6 | 1 | 1.107 | Animals and Fowl; Keeping of Vicious Animals Within City Prohibited |
6 | 13 | Entire | Stormwater Treatmeanagement and Discharge Control Program |
7 | 1 | Entire | Datum Plane |
7 | 5 | .13 | Grading; False Statements and Data |
7 | 8 | Entire | Wastewater Collection System |
9 | 6 | 1.105 | Subdivisions; Prohibitions |
(f)
Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of an infraction:
Title | Chapter | Article/ Section | Chapter Description |
|---|---|---|---|
4 | 2 | Entire | Emergency Plans |
4 | 5 | Entire | Fire Code |
4 | 6 | Entire | Fireworks |
4 | 8 | Entire | Vehicles for Hire; Taxicabs; Limousines |
4 | 10 | Entire | Parking Meters |
5 | 4 | Entire | Cabarets and Dances |
5 | 9 | Entire (Except for a subsequent violation of Sec. 5.9.03 occurring within ninety (90) days is subject to misdemeanor) | Intoxication; Possession of Open Alcohol Beverage Container; Consumption of Alcoholic Beverages on Public Streets or on Private Property Adjacent Thereto |
5 | 13 | Entire | Noise |
5 | 14 | Entire | Obstructions to Streets and Sidewalks |
5 | 20 | Entire | Weapons |
5 | 21 | Entire (except Section 5-21.12) | Bingo Games |
5 | 23 | Entire | Community Events |
5 | 24 | Entire | Parks |
5 | 29 | Entire | Smoking Pollution Control |
5 | 30 | Entire | Regulation of Firearms |
5 | 34 | Entire | Signs on Public Sidewalks |
5 | 38 | Entire | Skateboard Facilities |
6 | 2 | .02 and .03 | Dangerous and Insanitary Conditions; Littering and Accumulations: Public Places, Parks and Schools |
6 | 6 | Entire | Obstructions to Watercourses |
6 | 13 | Entire | Stormwater Treatment Design, Management, and Discharge Control Program |
7 | 2 | Entire | Excavations and Encroachments in the Public Right-of-Way |
7 | 8 | Entire | Wastewater Collection System |
8 | 1 | Entire | Building Code |
8 | 2 | Entire | Historical Building Code |
8 | 3 | Entire | Existing Building Code |
8 | 4 | Entire | Residential Code |
8 | 5 | Entire | Mechanical Code |
8 | 7 | Entire | Electrical Code |
8 | 8 | Entire | Green Building Standards Code |
8 | 9 | Entire | Property Maintenance Code |
8 | 11 | Entire | Dangerous Buildings Code |
10 | 1 | Entire | Rules and Regulations for the Emeryville Marina |
10 | 1 and 2 | Entire | Tidelands: Rules and Regulations for the Emeryville Marina; Activities in the Tidelands Within the City of Emeryville |
(g)
The following officers and their subordinates designated in writing to the City Manager shall have and are hereby invested with the authority to cite and/or arrest any person who violates the provisions of this Code set forth in subsections (e) and (f) of this section:
TITLE OF OFFICERS
Fire Chief
Chief Building Official
City Engineer
Police Officers
Community Preservation Officer
Director of Planning and Building
(h)
The Council shall have the power to designate by written order that particular officers or employees shall be authorized to enforce the provisions of this Code set forth in this section in addition to those officers enumerated in subsection (g) of this section. Officers or employees so designated shall have the authority to cite and/or arrest persons who violate any of said provisions.
(i)
An officer or employee designated pursuant to subsection (g) or (h) of this section shall be determinative of the enforcement powers of such officer or employee, notwithstanding a designation of a different officer or employee within the particular provision of this Code referred to in subsection (g) of this section.
(Sec. 2 (Exh. 2), Ord. 24-012, eff. Dec. 19, 2024; Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (Exh. 1), Ord. 22-015, eff. Jan. 19, 2023; Sec. 3, Ord. 17-011, eff. Nov. 2, 2017; Sec. 3, Ord. 15-007, eff. Oct. 1, 2015; Sec. 4, Ord. 15-005, eff. Aug. 20, 2015; Sec. 2, Ord. 14-001, eff. Mar. 6, 2014; Sec. 4, Ord. 12-005, eff. Mar. 8, 2012; Sec. 8, Ord. 12-003, eff. Mar. 8, 2012; Sec. 4, Ord. 12-001, eff. Feb. 16, 2012; Sec. 4, Ord. 11-011, eff. Nov. 17, 2011; Sec. 4, Ord. 11-005, eff. June 2, 2011; Sec. 3, Ord. 10-019, eff. Jan. 20, 2011; Sec. 3, Ord. 09-004, eff. July 16, 2009; Sec. 3, Ord. 09-003, eff. July 16, 2009; Sec. 3, Ord. 08-006, eff. Oct. 2, 2008; Sec. 3, Ord. 07-015, eff. Jan. 3, 2008; Sec. 3, Ord. 07-004, eff. May 3, 2007; Sec. 3 (part), Ord. 06-021, eff. Mar. 1, 2007; Sec. 4, Ord. 06-007, eff. Aug. 17, 2006; Sec. 3, Ord. 06-005, eff. May 18, 2006; Sec. 3, Ord. 06-001, eff. Mar. 9, 2006; Sec. 2, Ord. 04-008, eff. July 15, 2004; Secs. 3, 4, Ord. 03-006, eff. June 19, 2003; Sec. 3, Ord. 02-010, eff. July 6, 2002; Secs. 4, 5, 6, Ord. 99-011, eff. Nov. 6, 1999; Ord. 95-003 § 2, eff. Mar. 9, 1995; Ord. 94-012 § 2, eff. Oct. 20, 1994; Ord. 94-011 §§ 2–4, eff. Sept. 4, 1994; Ord. 91-06 § 2, eff. Sept. 5, 1991; Ord. 82-09, eff. June 1, 1982; Ord. 81-04, eff. Nov. 19, 1981; Sec. 1.7, E.T.C.)