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HomeMy WebLinkAboutORD FOR INTRODUCTION 05-20-85 '' m ~ ORDINANCES FOR INTRODUCTION NC l DATE: May 20, 1985 TO: FROM: S U BJ ECT: HONORABLE MAYOR AND CITY COUNCIL DONALD D. LAI~M, DIRECT0R OF COI~UNITY DEVELOPMENT ORDINANCE NO. 932: INFRACTION CITATION ORDINANCE DISCUSSION: For the past year, staff has researched city procedures and through the Attorney's office has prepared an amendment to the municipal code permitting the use of "infraction citations" to enforce violations of the code. At present, all violations of the municipal code, which include zoning, are punishable by misdemeanor citations. Since misdemeanor citations result in a criminal record against the violator, staff has sparingly used this process to enforce such code violations as unkept property, illegal signs and building code violations. The additional tool of using infraction citations will be more effective since the penalty is $50 for the first violation and up to $250 for multiple violations of the same offense. Additionally, the infraction does not result in a criminal record against the violator. However, if the violations continue, the city retains the option of prosecuting under the criminal misdemeanor provisions of the city code. The attached Ordinance No. g32 establishes the procedures and authority for issuing the infraction citations. In addition to the police department, the Community Development Director and Building Official will have the power to issue such citations to enforce zoning, si~n ordinance, building code, mechanical code, housing code, dangerous building code, plumbing and electrical codes. Specific department procedures will require a courtesy "Notice of Violation" first being issued to any violator who is not endangering human life. The following day' if the violation has not been corrected, and only then upon specific direction of the Community Development Director, would an infraction citation be issued. Similar to a parking ticket, the violator would be required to pay the $50 fine to the courts for this first offense. Staff believes, after researching other cities, that infraction citations are an effective tool when an immediate need arises. Overall, staff estimates no more than one or two citations a month would probably be issued. RECO~ENDATION: Staff recommends the following actions by minute order: First reading by title only of Ordinance No. 932; and DONALD D. LAMM, ~ Director of Community Development DDL:do Rttach: Ordinance No. 932 5 6 7 8 9 11 3.2 15 17 ].9 ~0 ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 1121 RELATIVE TO VIOLATIONS, PENALTIES AND ENFORCEMENT, TUSTIN CITY CODE SECTION 1132 RELATIVE TO AUTHORITY TO MAKE ARRESTS, AND TUSTIN CITY CODE SECTION 1133 RELATIVE TO CITATION PROCEDURES The City Council of the City of Tustin, California, does hereby ordain as follows: Section ~: Chapter 1, Part 2, Section 1121 of the Tustin City Code is amended to read as follows: "1121 GENERAL PENALTY; CONTINUING VIOLATION No person shall violate any provision, or fail to comply with any of the provisions of this Code, or any Code adopted herein by reference. In order that compliance with the provisions of this Code may be achieved, the following alternate, separate and distinct methods of enforcement may be utilized. Each method set forth herein is intended to.be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each such person violating such provision or failing to comply with such requirements shall be guilty of a separate offense, and each day during any portion of which any violation of any provision of this Code, or of any Code adopted by reference herein, is committed, continued, or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. Provided, further, that each such person violating a provision which limits the time act may be permitted.or continued, each such period or portion thereof which any violation of such provision is committed, continued or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. Notwithstanding any other provision in this Code, each violation of the provisions of this Code may be enforced alternatively as'follows: A. I/L~. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or designated non-safety employees, who shall be designated by separate resolution pursuant to the provisions of California Penal Code Section 836.5. Any person convicted of an infraction under the provisions of this Code shall be fined in accordance with state law. 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. ~. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, or any code adopted by reference herein, unless otherwise specified in this Code, may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by designated non-safety employees as designated in Section 1132 of this Code. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. C. Civil Action. The City Attorney, by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the conditions found to be in violation of the provisions of this Code, as provided by law. D. Administrative Hearing. Upon a finding by the city official vested with the authority to enforce various provisions of this Code that a violation exists, the city official may notify the owner(s), occupant(s) or person(s) deemed responsible for said violations that a public hearing shall be held before the City Council, to hear and determine the existence of said violations and the anticipated complaints necessary, or other action required. Said notification shall be in writing setting forth the alleged violations and the anticipated actions sought, and shall be given not later than ten (10) days prior to the scheduled date of the hearing. Said hearing shall be conducted in accordance with the City Council's rules for the conduct of administrative hearings. The decision of said hearing shall be enforceable as provided by law. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code, or of any Code adopted by reference herein, shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall be regarded as a new and separate nuisance and offense." Section 2: Chapter 1, Part 3, Section 1132 of the Tustin City Code is amended to read as follows: "1132 AUTHORITY TO MAKE ARRESTS The following designated officers and employees shall have the power to arrest persons for misdemeanor violations committed in their presence, and for infraction violations when the accused refuses to promise 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to appear and respond to the charges, as hereinafter provided. (1) Sworn Poli~e Officers. (2) Community Service Officers, Police Aides and such other employees of the Police Department, designated by the Chief of Police, shall have the power to make arrests for any violation of this Code relative to parking, abandonment and impounding of vehicles and for violations of any of the following sections of the California Vehicle Code: 4000, 4454,5200, 5201, 5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657, and 22700. (3) The Fire Chief, Fire Marshal and officers and employees of the Fire Department designted by the Fire Chief shall have the power to make arrests for violations of provisions of this Code relating to the Uniform Building Code, the Dangerous Building Code, the Uniform Fire Code and the Health & Safety Code of the State of California. (4) The Health Officer, Registered Sanitarians, Assistant Sanitarians and other officers and employees of the Health Department designated by the Health Officer shall have the power to make arrests for violations of provisions of the Tustin City Code, enforceable by the Health Officer, and for violations of provisions of the Health & Safety Code and Penal Code of the State of California, enforceable by the Health Officer. (5) The Building Official, the Community Development Director, and employees of the Building Department and Planning Department, as designated by either the Building Official or the Community Development Director, shall have the power to make arrests for violations of the provisions of this Code relating to zoning, the Sign Ordinance, Building Code, Mechanical Code Housing Code, Dangerous Building Code, Plumbing and Electrical Code. (6) For purposes of this section only, Animal Control Officers of the County of Orange who by contract perform animal control services for the City, shall have the power to make arrests for violations of provisions of this Code related to animals. S ~_.~[,j,_O~ [: Chapter 1, Part 3, Section 1133 of the Tustin City Code is amended to read as follows: "1133 CITATION PROCEDURES A. MiSdemeanor 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (1) ~ Notice ~Q Appear. If any person is arrested for the violation of any provision of this Code or any code adopted by reference herein, or of any ordinance of the City, including those ordinances hereafter enacted, violations for which are punishable as misdemeanors, and such person is not taken before a magistrate as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written Notice to Appear in Court containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in Court. (2) Time to Appear. The time specified in the Notice to Appear shall not be less than fifteen (15) days after the arrest. (Ord. No. 757, Sec. 2) (3) Place to Appear. The place specified in the Notice to Appear shall be either: (a) Before a Judge of the Municipal Court in the Judicial District in which the offense is alleged to have been committed; or (b) Before an officer authorized to receive a deposit of bail. (4) D~liverv of Copy of NOtice. The officer shall deliver one (1) copy of the Notice to Appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so as to appear in court by signing the duplicate Notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the arrested person from custody. (5) Filinq of Notice. The officer shall, as soon as practicable, file a duplicate Notice with the magistrate specified in such Notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, at his discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid in the County Treasury for distribution as provided by Section 1463 of the Penal Code of the State. (6) Issuance of Warran.~. A warrant shall not issue on such charge for the arrest of a person who, pursuant to the provisions of this Chapter, has given 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ROURKE ~q' WOOOIIUFF such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (7) Failure to Appear. Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (8) Failure tQ Appear: Arrest. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 1133e, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Ord. No. 664, Sec. 3) B. f a~jl~]l~_qi~j~. Citations for infractions shall be processed, issued and handled as provided by state law. An officer or designated non-safety employee making an arrest under the authority of this Section shall follow the citation release procedures prescribed in Chapter 5C, Title 3, Part 2 of the Penal Code of the State of California, or such procedures hereafter enacted by the State of California." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held this day of , 1985. Mayor ATTEST: City Clerk JGR:SA:pj :D:04/30/85(12)