HomeMy Public PortalAboutOrdinance 828ORDINANCE NO. 828
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT AMENDING CHAPTER 1.16 "GENERAL PENALTY"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
Section 1 • Chapter 1.16, entitled "General Penalty", is hereby amended in its entirety to read
as specifically provided for in Exhibit "A", which exhibit is attached hereto and made a part hereof.
Section 7 This Ordinance shall take effect as provided by law.
MOVED, AND PASSED upon first reading this 19th day of March, 2002, by the following
roll call vote:
AYES: Mayor DeForge, Council Members Berg, Dressel, Fox, and Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED AND ADOPTED this 2nd day of April, 2002, by the following roll call
vote:
AYES: Mayor DeForge, Council Members Fox, Berg, Dressel, and Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: None.
CITY OF BEAUMONT
By
Mayor
Sections:
Section 1.16.010
Section 1.16.020
Section 1.16.030
Section 1.16.040
Section 1.16.050
1.16.050.1
1.16.050.2
1.16.050.3
1.16.050.4
1.16.050.5
C CHAPTER 1 16
GFNFRAI PENALTY
Violation--Misdemeanor--When.
Violation--Misdemeanor--Penalty.
Violation--Infraction--Penalty.
Separate Offense.
Administrative Fines and Penalties.
Authorization to Fine.
Notice to Remedy/Abate and Penalty.
Method of Service of Notices and Orders.
Amount of Administrative Fine or Penalty.
Administrative Appeal.
Section 1 16 010 Violation--Misdemeanor--When
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of the City, shall be guilty of a misdemeanor, unless the violation is
made an infraction by ordinance.
Section 1 16 020 Violation--Misdemeanor--Penalty
Except in cases where a different punishment is prescribed by any ordinance of the City,
any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a
fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six
months or by both such fine and imprisonment.
Section 1 16 010 Violation--infraction--Penalty.
Except in cases where a differentpunishment is prescribed by any ordinance of the City,
any person convicted of an infraction for violation of an ordinance of the City, is punishable by:
A. A fine not exceeding one hundred dollars ($100.00) for a first violation;
B. A fine not exceeding two hundred dollars ($200.00) for a second violation of the
same ordinance within one year;
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation of
the same ordinance within one year.
1
Section 1 16 04Q Separate Offence
Each such person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of the ordinances of the City is committed,
continued or permitted by any such person, and he shall be punishable accordingly.
Sectinn 1 16 050 Administrative Fins and Penalties
Any violation of any City ordinance shall, in addition to any criminal penalties, be subject
to an administrative fine or penalty. The administrative procedures that shall govern the
imposition, enforcement, collection and administrative review of administrative fines or penalties
are as follows:
1.16.050.1 Authnri7atinn to Fine.
The City Manager, any department head, or any code enforcement officer, is
authorized to impose and collect administrative fines and penalties.
1.16.050.2 Nnticc to Remedy/Abate and Penalty
Before a fine or penalty may be imposed, the person responsible for a violation of a
City ordinance shall be given written notice thereof and, in the case of a continuing violation, a
reasonable period of time to correct or otherwise remedy the violation. The written notice shall
contain:
A. The name and address of the responsible party, and the address of the
location of the violation, if different;
B. A brief description of the violation and the ordinance or code
provision violated;
C. (If applicable:) The date by which a continuing violation shall be
abated, corrected or otherwise remedied,
D. The amount of the administrative fine or penalty to be imposed;
E. A statement that the responsible party may appeal the administrative
fine or penalty to the City Council by filing a written request to appeal with the City Clerk within
twenty (20) days after the date upon which the administrative fine or penalty is due and payable,
and that failure to request such appeal shall render the decision and order imposing the fine or
penalty final for all purposes.
F. A statement that judicial review of the City Council's decision may
be sought in the Riverside County Superior Court within twenty (20) days after service of the
decision of the City Council is made, pursuant to Government Code, Section 53069.4(b).
2
1.16.050.3 Method of Service of Notices and Orders.
Service of any notice, order, ruling or decision may be made by personal delivery or
by certified mail, return receipt requested; or shall be deemed served if by first class mail, postage
prepaid, on the fifth day following the mailing thereof.
Copies of such notices, orders, rulings or decisions may also be posted on the
property that is the subject of a violation, and delivered to the responsible party's place of business
and dwelling.
1.16.050.4 Amount of Administrative Fine or Penalty
Where the violation would otherwise be an infraction, the administrative fine or
penalty shall not exceed the maximum fine or penalty amounts for infractions as set forth in
Subsection 1.16.030 of this Code.
Where the violation would otherwise be a misdemeanor, the administrative fine or
penalty shall not exceed one thousand dollars ($1,000.00).
1.16.050.5 Administrative Appeal
Any responsible party against whom an administrative fine or penalty has been
imposed may appeal the fine or penalty to the City Council pursuant to the following procedure:
A. Request to Appeal. The responsible party shall file a written request
to appeal with the City Clerk which written request shall include:
1. The name, mailing and street address and telephone
number(s) of the appellant, and the address of the property, if any, that is the subject of the
violation;
2. Identification of the ordinance or Beaumont Municipal Code
provision that is the subject of the violation;
3. A brief description of the basis of, and reasons for, the
appeal, and a statement of facts the appellant believes support his or her claim that no
administrative fine or penalty should be imposed, or that such fine or penalty be reduced in
amount.
B. Appeal Period. The written request to appeal shall be filed with the
City Clerk within twenty (20) calendar days after the fine or penalty was due and payable. Failure
to timely file a written request to appeal shall render the fine or penalty final for all purposes.
C. Appeal Fee A written request to appeal shall be accompanied by an
appeal fee of twenty-five dollars ($25.00).
3
D. Notice of Appeal Hearing The City Clerk shall mail a written notice
of appeal hearing to the appellant by first class mail to the address provided in the request to
appeal, within ten (10) days after the date the request to appeal was filed, advising the appellant of
the date, time and place that the appeal will be heard.
E. Hearing Date The hearing shall be conducted within thirty (30) days
after notice of the hearing on the appeal is served by the City Clerk; provided, however, that the
appeal hearing may be postponed for a reasonable period of time and for good cause, at the request
of either a City official or the appellant.
F. Conduct of the Appeal The appeal hearing shall be conducted as
follows:
I. The hearing shall be tape recorded. A copy of the tape shall
be provided to the appellant upon. request.
2. The parties may represent themselves, or be represented by
any person of their choice.
3. All witnesses shall testify under oath, which oath may be
administered to the witnesses as a group.
4. The appellant shall be entitled to present his or her case first,
after which the City shall present its case. Each side shall alternate until all testimony has
been given and all exhibits have been introduced into evidence. The appellant has the
burden of proof; therefore, the appellant shall make the opening and closing arguments, if
any.
5. The rules of evidence shall be relaxed such that any
testimony or other evidence shallbe accepted if it would be relied upon by a reasonable
person.
6. The City Council shall issue its written decision, with
supporting reasons, within thirty (30) days after the hearing. A copy of the written decision
shall be served on the appellant by first class mail to the address provided by the appellant
in the written request to appeal. The written decision shall also inform the appellant for the
right to judicial review of the City Council's decision, as provided below.
G. Judicial Review. A final administrative order or decision by the City
Council may be judicially reviewed by filing an appeal in the Riverside County Superior Court,
pursuant to Government Code, Section :53069.4. Judicial review must be sought, if at all, within
twenty-five (25) days after the date of the City Council's decision was mailed to the appellant. If
no notice of appeal is timely filed, the decision of the City Council shall be deemed confirmed and
final for all purposes.
4
1.16.050.6 Administrative Fine nr Penalty
An administrative fine or penalty shall be paid on the date specified in the
notice of violation or, in the case of an appeal, within thirty (30) days after service of the decision
of the City Council.
In the event a fine or penalty is not paid when due, then:
A. Interest Interest shall accrue on the unpaid amount at the rate of one
percent (I%) per month, from the date due until the date paid.
B. Lien. The amount of any unpaid administrative fine or penalty, plus
interest thereon, shall be made a lien on the real property of the responsible party.
5