HomeMy WebLinkAbout87-32 - Amending Section 1.04.010 of the Newport Beach Municipal Code Pertaining to Violation of the Municipal CodeORDINANCE NO. 87 -32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 1.04.010 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
• VIOLATION OF THE MUNICIPAL CODE.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: The provisions of Section 1.04.010 of the
Newport Beach Municipal Code is hereby amended to read as
follows:
1.04.010. Violations, Penalties and Enforcement. The
City Council of the City of Newport Beach 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 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 and every day any such violations
exist constitutes a separate offense.
Notwithstanding any other provision in this Code, each
violation of the provisions of this Code may be enforced
alternatively 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 nonsafety employees designated by Newport Beach
Municipal Code Section 1.12.020. Any person convicted of an
infraction under the provisions of this Code shall be punishable
either by fines as is specified in the currently adopted Uniform
• Infraction
Bail
Schedule
used by the Orange County Municipal
Courts, or
where
no fine is
specified therein by:
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• 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 vested with the authority to enforce the various
provisions of this Code that a violation exists, he or she may
notify the owner(s), occupants(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.
abatement 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
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(1) A fine not exceeding
one hundred dollars
($100.00) for a first violation;
(2) A fine not exceeding
two hundred dollars
($200.00) for a second violation of the same ordinance within one
•
(1) year;
(3) A fine not exceeding
five hundred dollars
($500.00) for each additional violation
of the same ordinance
within one (1) 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 or by nonsafety employees designated by Newport Beach
Municipal Code Section 1.12.020. Any
person convicted of a
misdemeanor under the provisions of this
Code shall be punished
by a fine not exceeding one thousand
dollars ($1,000.00) 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
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 vested with the authority to enforce the various
provisions of this Code that a violation exists, he or she may
notify the owner(s), occupants(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.
abatement 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
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(10) days prior to the scheduled date of the hearing. The City
Council of the City of Newport Beach may preside over the hearing
on appeal or, in the alternative, appoint a hearing officer to
conduct the hearing, receive relevant evidence and to submit to
isthe City Council findings and recommendations to be considered by
the City Council of the City of Newport Beach. The City Council
of the City of Newport Beach shall render its decision within
forty -five (45) days from the date of the hearing or, in the
event that a hearing officer has been appointed, within forty-
five (45) days from the date on which the City Council receives
the findings and recommendations of the hearing officer. The
decision of the City Council shall be final and enforceable as
provided by law.
Section 2: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the
22nd day
of June
, 1987, and adopted on the 13th day
of
July
, 1987, by
the following vote, to -wit:
is AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Plummer, Sansone, Turner
NOES, COUNCILMEMBERS
11
ATTEST:
V` gxz'y � -
City Jerk VU
ABSENT COUNCILMEMBERS Strauss
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