Loading...
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 2