279 ORDINANCE NO. 14-279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE CALIFORNIA, AMENDING CHAPTER 8.04 (NUISANCE
ABATEMENT) TITLE 8 (HEALTH AND SAFETY), OF THE CITY OF
GRAND TERRACE MUNICIPAL CODE, WITH THE ADDITION OF
SECTION 8.04.200 ADOPTING CHAPTER 3 (ABATEMENT OF FIRE
HAZARDS AND HAZARDOUS TREES) SECTIONS 23.0301 THROUGH
23.0319 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF
ORDINANCES BY REFERENCE AND SECTION 8.04.0210 ADOPTING THE
PROCEDURE PROVISIONS FOUND IN CHAPTER 2 (VIOLATIONS AND
ENFORCEMENT), SECTIONS 11.0201 THROUGH 11.0212 INCLUSIVE OF
THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY
REFERENCE WITH THE EXCEPTION OF THOSE SECTIONS RELATED TO
PENALITES WHICH ARE SET OUT IN FULL HEREIN, IN ORDER TO
PROVIDE FOR AN ALTERNATIVE FORM OF FIRE HAZARD
ABATEMENT FOR THE CITY OF GRAND TERRACE.
WHEREAS, the City of Grand Terrace contracts with the County of San Bernardino for
the abatement of fire hazards; and
WHEREAS, to enforce the fire hazard regulations of the County of San Bernardino in the
City of Grand Terrace, the regulations must be adopted by the City of Grand Terrace; and
WHEREAS, the City Council of the City of Grand Terrace wishes to adopt the
aforementioned regulations and procedures by reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1: Chapter 8.04 (Nuisance Abatement) of Title 8 (Health and Safety) is
hereby amended with the addition of Section 8.04.200 (Alternative Abatement of Fire Hazard
Regulations) follows:
8.04.200 -Alternative Abatement of Fire Hazard Regulations
A. Purpose. The City of Grand Terrace contracts with the County of San Bernardino for
the weed abatement and the elimination of fire hazards. This and the following
sections are designed to incorporate the applicable sections of the San Bernardino
County Code so that the County regulations, Procedures and Penalties are the law of
Grand Terrace and are enforceable in Grand Terrace.
B. Incorporation by Reference. Sections. 23.0301 through 23.0319 of Chapter 3
(Abatement of Fire Hazards and Hazardous Trees) of Division 3 (Fire Protection and
Explosives and Hazardous Materials) of Title 2 (Public Morals, Safety and Welfare)
(r of the San Bernardino County Code of Ordinances shall become the law of, and are
ORDINANCE NO. 14-279 PAGE 1 OF 8 NOVEMBER 12,2014
enforceable in, Grand Terrace as an alternative fire hazard abatement regulations of
the City of Grand Terrace. The aforementioned Sections of the San Bernardino �?
County Code of Ordinances are on file for public examination in the Office of the
City Clerk.
SECTION 2: Chapter 8.04 (Nuisance Abatement) of Title 8 (Health and Safety) is
hereby amended with the addition of Section 8.04.210 (Alternative Fire Hazard Abatement
Procedure and Penalties) follows:
8.04.210 -Alternative Fire Hazard Abatement Procedure and Penalties
Sections 11.0201 through 11.0212 of Chapter 2 (Violations and Enforcement) of Division
1 (General Provisions) of Title 2 (Government and Administration) of the San Bernardino
County Code of Ordinances shall become an alternative fire hazard abatement procedure and
penalty provision of the City of Grand Terrace, only for the, purpose of enforcement of County
.provisions set forth in Section 8.04.200 of this code. The provisions of Subsection (B)
(Penalties) of Section 8.04.210 shall contain references to the corresponding County provisions
for ease of use with the provisions of the San Bernardino County Code of Ordinance Sections
that are incorporated by reference into this Municipal Code in Sections 8.04.200 and 8.04.210
(A)herein.
A. Abatement Procedure. Incorporation by Reference. Sections 11.0201, 11.0203.
11.0205, 11.0208 (with the exception of Subsection "e" which is set out in full
herein), 11.0209 and 11.0210 of Chapter 2 (Violations and Enforcement) of Division
1 (General Provisions) of Title 1 (Government and Administration) of the San
Bernardino County Code of Ordinances shall,become the law of the City of Grand
Terrace as an alternative weed abatement procedure. The aforementioned Sections of
the San Bernardino County Code of Ordinances are on file for public examination in
the office of the City Clerk.
B. Penalties. /
a. (County §11.0202) Enforcement Remedies and Penalties are Cumulative and
Discretionary; Not Exclusive; Declaration of Public Nuisance. All remedies and
penalties provided for in this Chapter shall be cumulative and discretionary and
not exclusive of other applicable provisions of this Code or other applicable State
or Federal law. Each and every violation of this Code is hereby declared unlawful
and a public nuisance. The conviction and punishment (whether by fine,
imprisonment, or both) of any person hereunder pursuant to a criminal action, or
the imposition of a.monetary administrative penalty pursuant to an administrative
citation (as defined in § 11.0208), shall not relieve 'such person from the
responsibility of correcting, 'removing, or abating the violation; nor prevent the
enforced correction, removal, or abatement thereof by the County, its employees,
agents, or representatives. The correction, removal, or abatement of a violation
begun after the issuance of a criminal citation or the filing,of a criminal complaint
shall not be a defense to the infraction or misdemeanor so.charged and, following
ORDINANCE NO. 14-279 PAGE 2 OF 8 NOVEMBER 12, 2014
a conviction or plea of nolo contendere shall not be grounds for dismissal of the
action or for the waiver, stay, or reduction, of any fine established in this
Chapter. Further, the procedures established in this Chapter for the use of
administrative citations, and the procedures established in other titles and chapters
of this Code for administrative abatement and summary abatement as a means for
addressing violations of this Code, shall be in addition to criminal and civil or
other legal or equitable remedies established by law which may be pursued to
address violations of this Code. The use of this Chapter shall be at the sole
discretion of the County. In the exercise of such discretion in selecting an
appropriate code enforcement remedy, the County shall not be required to
institute available code enforcement remedies in any particular order, or to prefer
the application of one remedy to another.
b. (County § 11.0204) Continuing Violations. Each and every day, and any portion
of which, any violation of this Code (or of the provisions of any code adopted and
incorporated by reference by this Code) is committed, continued, or permitted,
shall be deemed a new and separate offense and shall be punishable or actionable
as set forth in this Chapter.
c. (County § 11.0206) Criminal Actions.
i. Criminal Penalties for Violations. It is unlawful for any person to violate
any provision of this Code, or to violate any provision of any permit issued
pursuant to this Code, or the conditions of approval for such permit granted
pursuant to this Code. Unless otherwise specified in another part of this
Code, any person committing such violation shall be deemed guilty of a
misdemeanor.
1. Misdemeanor Violations. Upon conviction of a misdemeanor, or upon a
plea of nolo contendere (commonly called "no contest"), the penalty
shall be a base fine of not less than $500.00 and not more than
$1,000.00, or by imprisonment in the County jail for a period of not
more than six months, or by both such base fine and imprisonment.
Any court costs that the court may otherwise be required to impose
pursuant to applicable
2. Infraction Violations. Notwithstanding the foregoing, a misdemeanor
violation may be cited, charged, and prosecuted as an infraction. Where
so prosecuted, or where specified in a section or chapter of this Code
that the violation of a certain section or sections shall be an infraction,
then that shall be the type of offense and each such violation shall be
punishable, except as otherwise provided herein, upon conviction or
upon a plea of nolo contendere (commonly called "no contest"), by a
base fine not exceeding $100.00 for a first violation; a base fine not
exceeding $200.00 for a second violation of the same Code section
within one year; and a base fine not exceeding $500.00 for each
additional violation of the same Code section within one year of the
ORDINANCE NO. 14-279 PAGE 3 OF 8 NOVEMBER 12, 2014
first violation. However, violations of building and safety provisions of
this Code cited, charged, and prosecuted as infractions shall be
punishable by a base fine not exceeding $100.00 for a first violation; a
base fine not exceeding $500.00 ,for a second violation of the same
Code section within one year; and'a base fine not exceeding $1,000.00
for each additional violation of the same Code section within one year
of the first violation. The maximum fines imposed in this Section are
based upon the provisions of Government Code § 25132 and will be
increased automatically and without amendment to this Section upon
any amendment to Government Code § 25132 increasing the amount of
fines permitted. Any court costs that the court may otherwise be
required to impose pursuant to applicable State law or local ordinance
shall be imposed in addition to the base fine.
ii. Criminal Citations.
1. If any person is arrested by a peace,officer, fire marshal, fire prevention
officer, code enforcement officer, animal control officer, public health
officer, or any other officer authorized to enforce this Code for a
violation of any provision of this Code (hereinafter"arresting officer"),
whether punishable as a misdemeanor or as an infraction, the arresting
officer shall issue a notice to appear (the citation) to such person,
pursuant to Penal Code §§ 853.5 and 853.6, and request that the
person sign the notice to appear, which shall constitute the person's
written promise to appear in court. After obtaining the written promise
to appear, the arresting officer must immediately release the person.
2. If the person cited refuses to sign the notice to appear, the arresting
officer, unless the arresting officer is a sworn peace officer, must
immediately release the person and refer the matter to the Office of
County Counsel or other appropriate agency for appropriate action.
d. (County § 11.0207) Civil Actions.
i. Injunctive Relief and Abatement. At the request of any person authorized to
enforce this Code, the County Counsel or District Attorney may commence
proceedings for the abatement, removal, correction and enjoinment of any
act or omission that constitutes or will, constitute a violation of this Code,
or any permit issued pursuant to this Code, or any condition(s) of approval
for such permit granted pursuant thereto, and, an order requiring the
violator(s) to pay civil penalties and/or abatement costs. Where multiple
violators are involved, they shall be jointly and severally liable for the civil
penalties and/or abatement costs.
ii. Civil Remedies and Penalties. Any person, whether acting as principal,
agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator,
contractor, or otherwise, who violates any provision of this Code, or any
permit issued pursuant to this Code, or any condition(s) of approval for
such permit granted pursuant thereto, shall be liable for a civil penalty not
ORDINANCE NO. 14-279 PAGE 4 OF 8 NOVEMBER 12, 2014
to exceed $1,000.00 per violation for each day or any portion thereof, that
the violation continues to exist. In determining the amount of civil penalty
to be imposed, both as to the daily rate and the subsequent total amount for
any given violation, the court shall consider all relevant circumstances,
including, but not limited to, the extent of the harm caused by the conduct
constituting the violation; the nature and persistence of such conduct; the
length of time over which the conduct occurred or was repeated; the assets,
liabilities, and net worth of the violator; whether the violator is a corporate
entity or an individual; and any corrective action taken by the violator.
iii. Attorney's Fees and Costs of Enforcement. In any civil action brought by
the County, including but not limited to a proceeding to abate a public
nuisance, whether by seeking injunctive relief and/or an abatement order,
or other order, attorney's fees and costs of enforcement may be recovered
by the prevailing party. Such recovered attorney's fees shall not exceed the
amount of reasonable attorney's fees incurred by the County in that action
or proceeding(Government Code § 25845). Costs of enforcement shall
include, but not be limited to, administrative costs and any and all costs
incurred in the physical abatement of any nuisance and any and all costs
incurred by the County in the correction or remedying of a violation of this
Code. Notwithstanding the above language, no attorney's fees shall be
recovered in any administrative proceeding held pursuant to § 11.0208 or
any related appeal to the Superior Court or the Courts of Appeal.
e. (County § 11.0208 (e)) Administrative Penalties and Costs.
i. Unless otherwise provided in this Code, the amount of penalty to be
imposed for a violation of this Code and assessed by means of an
administrative citation shall be $100.00 for the first occurrence of a
violation; $200.00 for the second occurrence of the same violation within
one year•, and $500.00 for the third and each subsequent occurrence of the
same violation within one year. The maximum fines imposed in this
Section are based upon the provisions of Government Code § 25132 and
will be increased automatically and without amendment to this Section
upon any amendment to Government Code § 25132 increasing the amount
of fines permitted.
ii. If the violation is not corrected within the time limits established in this
Code, then additional administrative citations may be issued for the same
violation. The amount of the penalty shall increase at the rate specified
above.
1. Payment of the penalty shall not excuse the failure to correct the
violation nor shall it bar further enforcement action by the County.
2. The penalties assessed shall be due to the County (or to the County's
( a designated collection/processing agent for the issuing County
ORDINANCE NO. 14-279 PAGE 5 OF 8 NOVEMBER 12, 2014
Department or Special District Department)' within 30 calendar days
from the date the administrative citation is issued.
3. Except as provided below, any person who fails to pay to the County
(or the County's designated collection/processing agent for the issuing
County Department) any penalty imposed pursuant to the provisions of
this Chapter shall be liable for payment of the applicable late payment
charges as follows:
a. For payments received within 30 days after the due date, a late fee
in the amount of 50 percent of the administrative fine is due.
b. For payments received more than 30 days after the due date, a late
fee in the amount of 50 percent of the original administrative fine
is due, plus an additional 50 percent of the original administrative
fine is due.
4. The County may collect any past due administrative citation penalty or
late payment charge by use of any available means, including without
limitation, the recording of a notice of lien, describing the real property
affected and the amount of they costs and administrative citation
penalties claimed by the County with the Office of the County
Recorder. The County may transmit notice of the award of
administrative costs and administrative citation penalties, or notice of
the judgment thereon arising from a collection or other legal action, to
the Treasurer/Tax Collector who shall place the amount thereof on the
assessment role as a special assessment to be paid with County taxes,
unless sooner paid. The County may also recover its collection costs. A
judgment or award of such costs, penalties or damages may be enforced
as set forth above and may also i be enforced in any other manner
provided by law.
5. In any appeal hearing, the issuing County Department may also recover
its administrative costs incurred' in investigating, inspecting, and
abating or remedying the violation of the County Code, in attempting to
collect any and all penalties and late fees, and in defending the citation
at the appeal hearing.
6. All administrative citation penalties collected pursuant to these
provisions shall be deposited into specific funds maintained by or on
behalf of the respective issuing County Departments for the purpose of
funding their enforcement of this Code.
f. (County § 11.0211) Costs and Damages.
Any person, whether acting as a principal, agent, employee, owner, lessor, lessee,
landlord, tenant, occupant, operator or contractor, or otherwise, violating any
provision of this Code or the rules, regulations, orders, permits or conditions of
ORDINANCE NO. 14-279 PAGE 6 OF 8 NOVEMBER 12, 2014
f' 1
approval issued thereunder, shall be liable to the County for costs of abatement
and any damages suffered by the County, its agents or agencies, as a result of
such violations.
g. (County § 11.0212) Treble Damages.
Upon a second or subsequent civil or criminal judgment for a violation of this
Code within a two-year period the violator shall be liable to the County for treble
the abatement costs, in accordance with Government Code § 25845.5.
SECTION 7: If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such
decision shall not affect this validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact.that any one or
more sections, subsection, subdivisions, paragraphs, sentences, clauses,"or phrases-be declared
unconstitutional. —
SECTION 8: This Ordinance shall be in full force and effective-a-minimum of thirty(30)
days after passage. The effective date of this Ordinance is January 1, 2013:,
SECTION 9: The City Clerk shall certify to the passage of this Ordinance"and cause the
same to be posed pursuant to Government Code Section 36933.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Grand Terrace held on the 121h day of November, 2014.
_A_
a t Stanckiewitz, Mayor of the
City of Grand Terrace and of the
City Council thereof.
ATTEST:
Pat Ja ar 1 f e
City of and T -ace a of
the City council hereof.
ORDINANCE NO. 14-279 PAGE 7 OF 8 NOVEMBER 12, 2014
: I .__�p
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting-of the City Council of the
City of Grand Terrace held on the 12th day of November, 2014 by the following vote:
AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
Approved as to form:
ac z- es RicTiard L. Adams II,
City Cl' City Attorney
7.
ORDINANCE NO. 14-279 PAGE 8 OF 8 NOVEMBER 12, 2014