Chapter 16.406 — VIOLATIONS AND ENFORCEMENT

It is the intent of this chapter to assure compliance with the provisions of Titles 16 , 17 , and 18 of the Claremont Municipal Code. (08-05)

No person, firm or corporation, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of Titles 16, 17, and 18. Unless a different penalty is prescribed for violating a specific provision of these titles, every act prohibited or declared unlawful and every failure to perform an act made mandatory shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the district attorney.

Each person, firm or corporation shall be deemed guilty of a separate crime for each and every day during any portion of which any violation of any provision of these titles is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

Every misdemeanor offense shall be punishable by a fine of not more than $1,000, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Every offense in these titles prosecuted as an infraction shall be punishable by a fine not exceeding $100 for the first offense, a fine not exceeding $200 for the second offense of the same provision within one year, and a fine not exceeding $500 for each additional offense of the same provision within one year.

As used in this section, the term "year" means any consecutive twelve-month period. As used in this section, the term "offense" includes any violation of these titles which is cited or charged and which does not result in:

• A. An acquittal;

• B. A finding of "not guilty";

• C. A dismissal of charges by the City or the court.

In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of these titles is hereby declared a public nuisance, and may be abated by civil proceedings such as restraining orders, civil injunction, abatement proceedings or the like.

The expense of such abatement proceedings may, by resolution of the City Council, be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made the personal obligation of the property owner. (08-05)

• A. The Director of Community Development, and the Director's designees, shall have the duty and authority to enforce the provisions of Titles 16, 17, and 18.

• B. In addition, the City Manager shall designate specific City employees to be code enforcement officers of the Community Development Department. These code enforcement officers shall have the duty and authority to enforce the provisions of these titles. The designated code enforcement officers are authorized by the City Council, pursuant to Sections 832 , 836.5 , and 19(d) of the California Penal Code, and subject to the training provisions of paragraph 2 of this subsection, to arrest a person without warrant whenever the code enforcement office has reasonable cause to believe that the person to be arrested has violated a provision contained in these titles in the officer's presence.

  1. In any case in which a person is arrested by a code enforcement officer pursuant to the authority granted in this section, the code enforcement officer shall issue a NOTICE TO APPEAR and shall release such person on his or her written promise to appear in court, pursuant to Sections 836.5 , 853.5 and 853.6 of the California Penal Code. Under no circumstances may the code enforcement officer take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before a magistrate or refuses to provide his or her written promise to appear in court, the code enforcement officer shall either (1) summon a police officer and request that the officer arrest the person and take that person into custody, or (2) promptly refer the matter to the prosecuting attorney and request that a complaint be prepared and filed against that person.

  2. Each code enforcement officer shall complete a course of training to be coordinated by the Chief of Police which shall include, at minimum, training in (1) the evidentiary prerequisites to criminal prosecution, and (2) procedures for prudently exercising the officer's arrest and citation authority.

• C. The City Manager shall designate specific City employees to issue parking citations for violations of these titles. The City Council, pursuant to Vehicle Code Sections 40202 and 41102 , authorizes these designated employees to issue parking citations for violations of these titles that pertain to the parking or standing of vehicles. If the vehicle is unattended during the time of the violation, the employee authorized to issue parking citations shall securely attach to the vehicle a notice of parking violation setting forth the following: (1) a reference to the section of these titles violated; (2) the approximate time of the violation: (3) the location where the violation occurred; (4) the vehicle license number; (5) the registration expiration date; (6) the color of the vehicle; and, if possible, (7) the make of the vehicle. The notice of parking violation shall be attached to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon return of that person. Once the notice of parking violation has been attached to the vehicle as provided above, the notice of parking violation shall be filed with the City's processing agency. Thenceforth, these citations shall be dealt with in the same manner as are the parking citations issued by the Police Department of the City of Claremont.

As used in this section, the term "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading merchandise or passengers.

As used in this section, the term "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (08-05)

Formal rules of evidence or procedure which are followed in court shall not be applied to hearings before the Council or commission. No action, inaction or recommendation regarding any planning or zoning matter by either the Council or commission or any staff member shall be held void or invalid or be set aside by any court on the ground of the improper consideration or rejection of evidence or by reason of any error or otherwise in any of the administrative or legislative procedures so long as such error was not prejudicial or injurious to the complainant and the omission of such error would not have afforded a different decision by the Council, commission or staff. (08-05)

The following individuals shall enforce the provisions of Titles 16 , 17 , and 18 : the Director of Community Development; the Director's designees; the code enforcement officers of the Community Development Department who are designated and trained in accordance with Section 16.406.020 of this chapter; and, the City employees authorized to issue parking citations who are designated in accordance with Section 16.406.020 of this chapter. (08-05)