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HomeMy WebLinkAbout2004-08-24 - ORDINANCES - NEIGHBORHOOD PRESERVATION (3)ORDINANCE NO. 04-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, REPEALING CHAPTER 1.08, ADDING A NEW TITLE 23 ENTITLED "NEIGHBORHOOD PRESERVATION," AND ADDING A NEW CHAPTER 23.10 TO TITLE 23 OF THE SANTA CLARITA MUNICIPAL CODE ESTABLISHING GENERAL PENALTIES FOR VIOLATING THE SANTA CLARITA MUNICIPAL CODE PROCEDURES FOR ISSUING CITATIONS AND AUTHORIZING PROSECUTIONS The Council of the City of Santa Clarita does ordain as follows: SECTION 1. The City Council finds and declares as follows: A. Since the City's incorporation, the community has expanded both in population and development; B. The City's role in protecting public health and safety becomes more complex as the community's expansion leads to a greater population, more structures, and aging infrastructure; C. To help ensure that the public is informed regarding the City's health and safety regulations, and to assist with the City's compliance efforts, it is vital that the Santa Clarita Municipal Code ("SCMC") be both clear and comprehensive; D. It is in the public interest to consolidate code enforcement regulations into a single title within the SCMC so that the public, and City staff, can easily refer to the various means by which the City can obtain compliance with the SCMC; E. The Council believes that voluntarily compliance with the SCMC is a hallmark of good citizenship and helps protect public health, safety, and welfare. It also recognizes, however, that there are instances where compliance must be obtained through civil proceedings or criminal prosecution; F. This Ordinance will help implement the City's goals in protecting public health, safety, and welfare by consolidating various enforcement options into one Title; clarifying the processes by which such enforcement may be conducted; and establishing sufficient safeguards to ensure fair and equitable treatment. SECTION 2. A new Title 23 entitled "Neighborhood Preservation" is added to the Santa Clarita Municipal Code ("SCMC"). SECTION 3. SCMC Chapter 1.08 is repealed. SECTION 4. All provisions of this code referring to Chapter 1.08, or the sections therein, are changed to refer to "Chapter 23.10 of this Code." Ordinance No. 04-7 Page 2 SECTION 5. A new Chapter 23.10, entitled "General Penalties" and containing §§ 23. 10.010 to 23.10.070, is added to Title 23 of the SCMC to read as follows: CHAPTER 23.10 GENERAL PENALTIES 23.10.010 GENERAL PROHIBITION. 23.10.020 GENERAL PENALTY. 23.10.030 PENALTIES FOR INFRACTIONS. 23.10.040 CODE ENFORCEMENT. 23.10.050 CITATION PROCEDURE FOR VIOLATIONS. 23.10.060 FAILURE TO APPEAR. 23.10.070 PROSECUTORIAL DUTIES OF THE CITY ATTORNEY. 23.10.010 GENERAL PROHIBITION. A. It is unlawful for any person to violate, or fail to comply with, any provision of the Santa Clarita Municipal Code. Each and every violation of any part of this Code including, without limitation, any franchise or permit issued pursuant to this Code, is a misdemeanor unless otherwise specified. B. Every person violating the Code is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person. C. In addition to these criminal penalties, any condition caused or permitted to exist in violation of any of the provisions of this Code is a public nuisance and may be abated in accordance with this Code. 23.10.020 GENERAL PENALTY. Persons convicted of a misdemeanor, the penalty for which is not otherwise prescribed, will be punished by a fine not to exceed one thousand dollars ($1,000.00); by imprisonment for not more than six (6) months; or by both a fine and imprisonment for each violation of this Code. 23.10.030 PENALTIES FOR INFRACTIONS. Each infraction is punishable as follows: A. A fine not exceeding $100.00 for the first violation; B. A fine not exceeding $200.00 for a second violation of the same provision within one (1) year; Ordinance No. 04-7 Page 3 -- C. A fine not exceeding $500.00 for each additional violation of the same provision within one (1) year of the first violation. 23.10.040 CODE ENFORCEMENT. A. Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this Code under their respective authority or as is specifically assigned to them by the City Manager or City Council. B. Powers of Arrest. Officials and employees designated to enforce provisions of this Code have authority to arrest persons pursuant to Penal Code section 836.5 for purposes of issuing citations for violations of provisions of this Code. Police officers have full authority to arrest persons for violations of the provision of this Code pursuant to any applicable provision of the Penal Code. 23.10.050 CITATION PROCEDURE FOR VIOLATIONS. A. Any city officer or employee arresting any person for a violation of any provision of this Code, who does not immediately take such arrested person before a magistrate, as prescribed in the Penal Code of the State, must prepare in duplicate a written notice to appear in court. B. The notice must contain: 1. The name and address of the person arrested; 2. The offense charged, the time and place of the alleged violation; 3. Where and when such person must appear in court. The time specified in the notice for appearance must be at least ten (10) days after such arrest. The place specified in the notice to appear and the notice must conform with all applicable provisions of the Penal Code. 4. The arresting city officer or employee must deliver one copy of the notice to appear to the alleged violator. In order to secure immediate release, the violator must give a written promise to appear in court at the time and place indicated on the notice by signing the duplicate notice. That signed copy must be retained by the city officer or employee. Thereafter, the arresting city officer and employee must release the alleged violator from custody. The duplicate copy of the notice to appear must be filed in the manner prescribed in the Penal Code. Ordinance No. 04-7 Page 4 23.10.060 FAILURE TO APPEAR. Any person who willfully violates a written promise to appear in court by failing to appear at the time and place stated is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. 23.10.070 PROSECUTORIAL DUTIES OF THE CITY ATTORNEY. A. In addition to any other general functions, powers, and duties given to the City Attorney by this Code or California law, the City Attorney will: 1. Prosecute on behalf of the people all criminal and civil cases for violations of this Code; any franchises or permits issued pursuant to this Code; city ordinances; and any state misdemeanors that the city council elects to enforce. 2. Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses. 3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Code or otherwise. 4. Represent the City in all appeals arising as a consequence of the City Attorney's prosecutions. B. Notwithstanding any other provision of this Code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this Code. C. Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this Code and/or the California Penal Code." SECTION 6. Repeal or amendment of any provision of the SCMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Santa Clarita's book of original ordinances; Ordinance No. 04-7 Page 5 make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED, APPROVED AND ADOPTED this 24`h day of August, 2004. ATTEST: CITY CLERK _ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 04-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13`h day of July, 2004. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 24h day of August, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: McLean, Weste, Ferry, Smyth, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 04-7, adopted by the City Council of the City of Santa Clarita, CA on August 24, 2004, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk Th, Susan Coffman Deputy City Clerk SCANNED OCT 0 7 2004