HomeMy WebLinkAboutOrdinance 235 Amending 3-05.010 Building Code Violation FinesORDINANCE 235
AN ORDINANCE AMENDING SECTION 3-05.010 OF THE
SARATOGA CITY CODE RELATING TO BUILDING CODE VIOLATION FINES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Adoption.
Section 3-05.010 of the Sazatoga City Code is amended to read:
3-05.010 Violation as misdemeanors or infractions; public nuisances
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of
the requirements of this Code, or any other ordinance of the City, or any rule, regulation or order
promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference
by this Code, or any condition of an approval, permit or license granted pursuant to this Code.
Any person violating any of such provisions or failing to comply with any of such requirements
shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty
of a separate offense for each and every day during any portion of which any violation is
committed, continued, or permitted by such person, and shall be punishable accordingly.
(b) Notwithstanding subsection (a) of this Section or any other provision of this Code, any
violation constituting a misdemeanor may, in the discretion of the enforcing authority be charged
and prosecuted as an infraction.
(c) Where no specific penalty is provided therefore, any person convicted of a misdemeanor
under the provisions of this Code shall be punishable by a fine of not more than one thousand
dollazs, or by imprisonment in the County Jail for a period not exceeding six months, or by both
such fine and imprisonment.
(d) Any person convicted of an infraction under the provisions of this Code, excluding violations
of local building and safety code provisions in Chapter 16, Articles 16-OS through 16-50, shall be
punishable for a first conviction by a fine of not more than one hundred dollars, for a second
conviction of the same ordinance within a period of one year by a fine of not more than two
hundred dollars, and for a third or any subsequent conviction of the same ordinance within a
period of one year by a fine of not more than five hundred dollars.
(e) Any person convicted of an infraction under the local building and safety code provisions of
Chapter 16, Articles 16-OS through 16-50 of this Code, shall be punishable for a first conviction
by a fine of not more than one hundred dollazs, for a second conviction of the same ordinance
within a period of one year by a fine of not more than five hundred dollars, and for a third or any
subsequent conviction of the same ordinance within a period of one year by a fine of not more
than one thousand dollazs.
(f) In addition to the penalties provided by this Section, any condition caused or permitted to
exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any
rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any
code adopted by reference by this Code, or in violation of any condition of an approval, pennit
or license granted pursuant to this Code, shall be deemed a public nuisance and maybe abated by
the City in a summary action pursuant to Article 3-1 Q Article 3-15 or Article 3-20 of this
Chapter, or any civil action, and each day such condition continues shall be a new and separate
offense.
Section 2. Publication.
This ordinance or a comprehensive summazy thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 20`h day of July, 2005, and was adopted by the following vote
following a second reading on the 3`d day of August, 2005:
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith,
Vice Mayor Norman Kline, Mayor Kathleen King
None
None
None
~~fiftX.eLrn./
Kathleen King
Mayor of The City of Saratoga
Saratoga, California
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Saratoga, California
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