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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: -1- • 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 -2- (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 -2- (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 -3-