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HomeMy WebLinkAboutORD 04 (2003)ORDINANCE NO. 04 (2003) AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING PENALTY PROVISIONS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Section 1.04.010 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Cod is amended to read as follows: "Sec. 1.04.010. Classification of Offenses. No person shall violate any provision or fail to comply with any requireme t or con 'tion of this Code, or of any permit, license, approval or entitlement granted or issued pursuant to the rovisions of this Code. Such violations are punishable as follows: (a) Misdemeanor. Any person violating any provision or failing to comply with any requirement or condition of this Code, or of any permit, license, approval or entitlement granted or issued pursuant to the provisions of this Code, shall be guilty of a misdemeanor unless such violation or failure to comply is expressly designated in this Code as an infraction or is expressly su ject to a civil administrative penalty pursuant to subsection (d) of this section. Any person convictE d of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more t ian one thousand dollars ($1,000) or by imprisonment in the county jail for a period notexceeding ix months, or by both such fine and imprisonment.- Each such person shall be guilty of a separate off nse for each and every day during any portion of which any violation of the same=gly.. of this ode is committed, continued or permitted by such person, and shall be punished (b) Infraction. Any person violating any provision or failing to comply with any r quirement or condition of this Code, or of any permit, license or entitlement granted or issued pursuant to the provisions of this Code expressly designated in this Code as an infraction shall be guilty of an infraction. Except as otherwise provided in this Code, any person convicted of an infraction shall by punishable by a fine of: 1) one hundred dollars ($100) for the first violation, 2) two hundred dollars ($200) for the second violation of the same provision of this Code within a twelve month period, and 3) five hundred dollars ($500) for a third or more violations of the same provision f this Code within a twelve month period. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the same provision of this Code is committed, ontinued or permitted by such person, and shall be punished accordingly. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, on his or her own recognizance, or a dep sit of bail. (c) Reclassification of offenses. A violation of this Code classified as a misdemeanor may be charged as an infraction when: 1. The prosecutor files a complaint charging the offense as an infraction; or 2. The court, on motion of the prosecutor and with the consent of the defendant, determines to treat a misdemeanor offense as an infraction, in which event the case will proceed as if the defendant had been arraigned on an infraction complaint. (d) Code Violations Subject to Civil Administrative Penalty Procedure. The offenses described in the chapters and sections of this Code set forth below shall be subject to the civil administrative penalty procedure set forth in Sections 1.04.030 through 1.04.190 of this Code: UBC Section 3152B Pool enclosure; Required Characteristics. 8.12.1660 Prohibited storm water and pollution control activities. 10.12.140 Cleaning of Sidewalks. 22.34.030 (a) Storage in front yard / side yard abutting a street. 22.34.030 (b) Vehicle parking. 22.34.030 (c) Structure maintenance. 22.34.030 (d) Landscape maintenance. 22.34.030 (e) Fence and wall maintenance. 22.34.030 (f) Temporary erosion control. 22.34.040 (a) Storage in yards. 22.34.040 (b) Storage in garages and carports. 22.34.040 (c) Motor vehicle parking. 22.34.040 (d) Structure maintenance. 22.34.040 (e) Landscape maintenance. 22.34.040 (f) Fence and wall maintenance. 22.34.040 (g) Maintenance of parking and similar areas. 22.34.040 (h) Temporary erosion control. 22.34.050 (a) Storage in yards. 22.34.050 (b) Motor vehicle parking. 22.34.050 (c) Structure maintenance. 22.34.050 (d) Landscape maintenance. 22.34.050 (e) Fence and wall maintenance. 22.34.050 (t) Temporary erosion control. 22.34.050 (g) Maintenance of parking and similar areas. 22.34.060 (a) Storage in yards. 22.34.060 (b) Motor vehicle parking. 22.34.060 (c) Structure maintenance. 22.34.060 (d) Landscape maintenance. 22.34.060 (e) Fence and wall maintenance. 22.34.060 (f) Maintenance of parking and similar areas. 22.34.060 (g) Temporary erosion control. 22.36.050 (4) Temporary signs limited by size and period of display. 22.36.050 (5) Temporary signs placed upon public property. 22.36.080 Prohibited signs. Any person who is adjudicated to have violated or failed to comply provision of any of the sections of this Code set forth above in this paragraph (d) times within a twelve month period shall be guilty of a misdemeanor for each vio provision committed thereafter within that same twelve month period. Any persc fails to comply with any of the sections of this Code set forth in this paragraph (d no photo identification or refuses to identify himself/herself to an enforcement ofi impossible to issue an administrative citation, shall be guilty of a misdemeanor. Nith the same more than three ation oft a same i who vi lates or and wh possesses cer, ma ng it (e) Public Nuisance. In addition to the penalty provisions set forth in aragrap is (a), (b), (c) and (d) of this Section, any condition, use or activity caused or permitted toexist in vio ation of the provisions of this Code or in violation of any permit, license, approval or entitlem nt shall be deemed a public nuisance and may be abated by the City by any lawful means, including but not li ited to administrative abatement proceedings, restraining order or injunction." (f) Prohibited Acts. Whenever this Code makes any actor omissionnlawful, at unlawful act or omission includes causing, permitting, maintaining, aiding, abetti g, sufferi g or concealing that act or omission. Section 2. Section 1.04.030 of Title 1, Chapter 1.04 of the Diamond Bar Muni !pal Codis amended to read as follows: 'Any violation of a section of this Code enumerated in Section 1.04.010(d) shall be 3ubject to issuance of an administrative citation by an enforcement official pursuant to the procedures set forth in this Chapter. Administrative citations for violations of any provision of the building, plurr bing or electrical codes enumerated in Section 1.04.010(d) shall not be issued until after the resp nsible person has been provided notice and a reasonable opportunity to correct the violation, an has failed to do so. Payment of an administrative citation shall not bar further enforcement action b3 the City if the violation is not corrected or otherwise continues unabated. The City Manager is autho ized to promulgate procedural rules and regulations governing the civil administrative pealty citation and hearing process." !` Section 3. Section 1.04.040 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Codd is amended by adding thereto a new subparagraph (g) to read as follows: (g) The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation. Section 4. Section 1.04.070 of Title 1, Chapter 1.04 of the Diamond Bar Munic�pal Codis amended to read as follows: "The administrative fine shall be paid to the City within thirty (30) days from the date of service of the citation. Payment of the fine, in the absence of a timely request for a hearing pursuE nt to Section 1.04.080, constitutes a waiver of the responsible party's right to an administrative f earing." Section 5. Section 1.04.080 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is _ amended to read as follows: "Any responsible person to whom an administrative citation is issued may choose to contest the citation by requesting an administrative hearing within thirty (30) days of service of the citation. In order to request a hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (in cash or by way of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed pursuant to Section 1.04.090. The request for hearing shall be incomplete if it does not include the deposit the full amount of the fine or the request for a hardship waiver. The deposit will be retained in a non-interest bearing account until the matter is resolved. If a timely and complete request for hearing is not submitted, the citation shall be deemed final, and the fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent fine shall not preclude issuance of additional citations to the responsible party should the violation persist." Section 6. Section 1.04.090 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended by deleting the final two sentences thereof and adding in their place the following: "The decision shall be final, and shall be served upon the person requesting the waiver by Certified Mail Postage Pre -Paid Return Receipt Requested and First Class Mail. If the City Manager or his/her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten (10) days of mailing of the decision. If the full amount of the fine is not deposited within the ten (10) day period, the request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final. The fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt." Section 7. Section 1.04.100 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended by adding thereto the following: "Any documentation, other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer shall be sent to the person requesting the hearing by Certified Mail Postage Pre -Paid Return Receipt Requested and First Class Mail at least five days before the date on which the hearing is scheduled. The documentation shall also be made available upon request at the time of the hearing." Section 8. Section 1.04.150 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended to read as follows: "At the conclusion of the hearing or within thirty (30) days thereafter, the administrative hearing officer shall render a decision as follows: (a) Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been 22.36.080 Prohibited signs. Any person who is adjudicated to have violated or failed to comply with the same provision of any of the sections of this Code set forth above in this paragraph (d) more thai three times within a twelve month period shall be guilty of a misdemeanor for each violation oft the same provision committed thereafter within that same twelve month period. Any person who vio ates or fails to comply with any of the sections of this Code set forth in this paragraph (d) and who possesses no photo identification or refuses to identify himself/herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor. (e) Public Nuisance. In addition to the penalty provisions set forth in r iaragrap s (a), (b), (c) and (d) of this Section, any condition, use or activity caused or permitted toe ist in violation of the provisions of this Code or in violation of any permit, license, approval or entitlement shall tie deemed a public nuisance and may be abated by the City by any lawful means, including aut not limited to administrative abatement proceedings, restraining order or injunction." (f) Prohibited Acts. Whenever this Code makes any act or omissionnlawful, hat unlawful act or omission includes causing, permitting, maintaining, aiding, abettl g, sufferi g or concealing that act or omission. Section 2. Section 1.04.030 of Title 1, Chapter 1.04 of the Diamond Bar Mu amended to read as follows: "Any violation of a section of this Code enumerated in Section 1.04.010(( issuance of an administrative citation by an enforcement official pursuant to the in this Chapter. Administrative citations for violations of any provision of the bui electrical codes enumerated in Section 1.04.010(d) shall not be issued until afte person has been provided notice and a reasonable opportunity to correct the vii to do so. Payment of an administrative citation shall not bar further enforcemei the violation is not corrected or otherwise continues unabated. The City Manag promulgate procedural rules and regulations governing the civil administrative p hearing process." Section 3. Section 1.04.040 of Title 1, Chapter 1.04 of the Diamond Bar Mu amended by adding thereto a new subparagraph (g) to read as follows: (g) The name and address of the responsible person, and a signature Ii responsible person may acknowledge receipt of the citation. Codib is shall be ubject to rocedur s set forth ling, plumbing or the resp nsible ation, and has failed action b the City if r is authorized to nalty cit ion and so that is Section 4. Section 1.04.070 of Title 1, Chapter 1.04 of the Diamond Bar Muni !pal Codis amended to read as follows: "The administrative fine shall be paid to the City within thirty (30) days of the citation. Payment of the fine, in the absence of a timely request for a I Section 1.04.080, constitutes a waiver of the responsible party's right to an a the dat of service g pursuant to strative hearing." PASSED, APPROVEDAND ADOPTED this 4th day of November 2003. W4411� Carol Herrera Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 218t day of October , 2003 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of November , 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: L nda Burgess, City Clerk City of Diamond Bar