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Home My WebLink About79-03 Non-safety Employees Having Limited Enforcement Duties/Authority in Securing CompliancesORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING COSTA MESA MUNICIPAL CODE §1-33 AS PROVIDED FOR BY GOVERNMENT CODE §36900, DECLARING VIOLATIONS OF THIS CODE TO BE ALTERNATIVELY MISDEMEANORS OR INFRACTIONS AND METHODS OF ENFORCEMENT AND AUTHORIZING CERTAIN DESIGNATED NON -SAFETY EMPLOYEES TO HAVE LIMITED ENFORCEMENT DUTIES AND AUTHORITY IN SECURING COMPLIANCES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Costa Mesa finds and declares that its primary intent is to secure compliance with all the provisions of this Code. That punitive provisions may be necessary to accomplish this intent. It further finds and declares that other and different means of enforcement may be appropriate depending upon the facts and circumstances of a given case. That the infraction method of enforcement, coupled with citation authority given to certain non -safety employees, pursuant to California Government Code§36900 and California Penal Code 5836.5, may be appropriate to achieve such compliance. That, pursuant to applicabel laws such designated non -safety employees may exercise such limited authority and powers of arrest in enforcing this Code and the City Council hereby intends to grant such -limited authority to those non -safety employees who are expressly designated as such by separate Resolution. The City Council further finds that consistent with the prosecutorial duties of the City Attorney's Office and the powers vested in this City Council the alternative methods of enforcement set forth herein ar"e:for the general health,'.safety and welfare of the public. Accordingly, 51-33'of Title 1 of the Costa Mesa Munici- pal Code is hereby amended and 51-33.1 is added to read as follows: -1- Section 2: "§1-33 Violations, Penalties and Enforcement. The City Council of the City of Costa Mesa intends to secure compliance with the provisions of this Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate; -_-separate and distinct, methods maybe utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent con- current or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such viola- tions exist constitutes a separate offense. Notwithstanding any other provision in this Code, each violation of the provisions of this Code may be enforced alter- natively as follows: A) INFRACTION - 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 by designated non -safety employees, who shall be designated by separate Resolution pursuant to the provisions of California Penal Code §836.5. Any person convicted of an infraction under the pro- visions of this Code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Sche- dule used by the Orange County Municipal Courts, or where no fine is specified therein by (1) a fine not exceeding Fifty ($50.00) Dollars for a first violation; (2). a fine'not exceeding One Hun- dred ($100..00.) Dollars for a --second violation of the same ordinance within one year; (3) a fine not exceeding Two Hundred Fifty ($250.00) Dollars for each additional violation of the same ordinance within one year. B) MISDEMEANOR - Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers -2- or: -by designated non -safety employees, who shall be designated by separate Resolution pursuant to the provisions of California Penal Code §836.5. Any person convicted of a misdemeanor under the pro- visions of this Code shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars 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 condition(s) 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 invested with the authority to enforce the various provisions of this Code that a violation exists he may notify the owner(s), occupant(s) or person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e. abate- ment or other action required. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action 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 an administrative hearing. The decision of said hearing shall be enforceable as provided by law." §1-33.1 ' Enforcement' Off c'ials' Designated Pursuant to provisions of California Government Code §36900 and California Penal Code X836.5 certain designated non - safety officials are hereby authorized to issue citations for violations of the provisions of this Code (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsi- bilities of a peace officer but is limited as provided herein. The -3- designation of said non -safety employees shall be made by a duly adopted separate Resolution for the City Council. The peace officer employees of the City are hereby authorized to issue in- fraction citations for violations of this Code as an alternative to their existing authority to issue and arrest for misdemeanors. Section 3: This Ordinance shall take effect and be in full force and effect thirty (30 days from and after its passage, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 2nd day of April, 1979. P,/, i J// ;X/� Mayor of t _ he Cityl f Costa Mesa ATTEST: -�- � ED -10 10R11 City Cler of the City of Costa Mesa-- ClTY ATT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 79-3 was introduced and con- sidered section by section at a regular meeting of said City Council held on the 19th day of March, 1979, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 2nd day of April, 1979, by the following roll call vote: AYES: COUNCIL MEMBERS:�� Vtjo-,�� NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN. WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3rd day of April, 1979. CitS7 Clerk and-ex-ofc o e f the City Council of the_City ofCoota Mesa By: Deputy ty--Clerk - 4 -