HomeMy WebLinkAboutORD 3184• • -· -.. -a,.,.IAI! Q[(il11NP..L
ORDINANCE NO. 3184
ORDINANCE OF TffE COUNCIL OF THE CITY OF PALO ALTO
ADDING CERTAIN SECTIONS TO THE PALO ALTO MUNICIPAL
CODE TO PROVIDE CITATION AUTHORITY TO CERTAIN
DESIGNATED EMPLOYEE POSITIJNS AND ALSO SETTING
FORTH PENALTIES FOR VIOI-!SIONS CF THE UNIFORM CODES,
SIGN CODE AND FOR PUBLIC NUISANCES
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 9.56.010(2) and Section 9.56.020 are
ht:!i."~by ti.Ulern.le<l Lo read as follows: [ChapLt!r 9. 56 addre~ses aba.te-
ment of nuisances.]
"9.56.010 Definitions.
"(2) 'Enforcement office~' means either
the fixe chief or the chief building official
and shall include any official or officials in
thair respective departments duly appointed to
administer the provisions of. this chapter.
"9.56.020 Enforcement af;enc;r The fire
department and the building division shall have
concurrent jurJ~diction to administer the pro
visions of this chapter."
SECTION 2. Sections 9.56.120 and 9.56.130 are ~ereby added
to rea'"d-asro!1ows: [Chapter 9. 56 addresses ahatemen'i... of nuisance3.]
"9. 56.120 Violations/penalties. It shall
be unlawful for any person to maintain, or allcw
to be maintained, any condition described as a
nuisance in Section 9.56.030. Violations shall
be an infraction, puniBhable as provided in this
code. Each day of violation shall constitute a
separate offense and may be separately punished.
11 9.56.130 Enforcement/~.f!=ation authority.
The following designated employee IJos!tions may
enforce the provisions of this chapter by the
issuance of citations. Persons employed in such
positions are ~uthorized co exercise the authority
provided in Penal Code Section 836.5 and are
authorized to is~ue citations for violations of
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check engineer: (3) ordinance compliance inspector,
(4) assistant fire chief, (5) ·fire inspector."
SECTION 3, Sections 15.04.012 and 15.04.013 are hereby added
to read: [Fire Code]
11 15.04.012 Violations/penalties. Any person,
firm o:r corporation violating ·any provision of
this Fire Code shall Le deemed guilty of a mis
demeanor and 1ipon conviction thereof shall be
punishable by a fine not to exceed $500 or by
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imprisonment for not to exceed six months, or
both fine and imprisonment. Each separate day
or any portion thereof during which any vio
lation of thie Fire Code occurs or continues
shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable
as herein provided.
1115.04.013 Enforcement/citation authority.
The following d~sigi'i~Eed 0empl!:!y~P positions may
enforce t~e provisions of this chapter by the
issuance of citations. PerRons employed in such
positions are authorized to exercise the authority
provided in Penal Code Section 836.5 and are
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this chapter. The designated employee positions
are: (1) assistant fire chief, (2) fire inspector. 11
SECTION 4. Sections 16.04.070 is hereby amended to read:
[ BuilOing Code]
"16.04.070 Violiitions/tenalti.es. It sh~ll
be unlawful for any person, l.m, or corporation
to erect, conatruct, enlarge, alter, repair, move,
improve, reI.!vve, convert or demolish, equip, use,
occupy or maintain any building or structure in
the city, or cause or permit the same to be done,
contrary to or in violation of any of the pro
visions of this Building Code.
"Any person, firm, or corporation violating
any of the provisions of this Building Code shall
be deemed guilty of a misdemeanor, and each such
person shall be deemed guilty of a separate offense
for each and every day or portion thereof during
which any violation of any of the provisions of
this Building Code is committed, continued, or
permitted, and upon conviction of any such vic
lation such person shall be punishable by a fina
cf not more than $500 or by imprisonment fer not
more than six months, or by both such fine and
imprisonment."
SECTION 5. Sections 16.04.412, 16.04.442, and 16.04.444 are
hereby added to read as follows: [Mechanical Code, Housing Code,
Buil~ing Code]
!!16. 04. 412 Violacionsitenalr.ies. It shall
be unlawful for any person,inn, or corporation
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to, replace, use, or mainta~n heating, ventilating,
cooli.ng, or refrigera.tior. equipment in the juris~
diction, or cause or permit the same to be done,
contrary to or in violation of any of th~ provisions
of this Mechanical Code. Maintenance of equipment
which was unlawful at the time it was installed and
which w-ould be unlawful under.this Mechanical Code
if installed after the effective date of this
Mechanical Code, shall constitute a continuing
violation of this Mechanical Code.
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"Any person, firm or corporation vi0.i.c1.ting
any of th~ provisions of this Mechanical Code
shall be deemed guilty of a misdemeanor, and
each such person shall be deemed guilty of a
separate offense for each and every day or ;0rcion
thereof during which any violation of any of the
provisions of this Mechanical Code is committed,
continued. or oermittt.'d. and uoon conviction of c:;:·.~7 such violation such. person· shall be punishabl<Z"
by a fine or not more than $500, or ~y imprison
ment for not more than six months, or by both such
fine and imprisonment.
!'16.04.44~ VlJl.ations/penalties. No person,
firm, or corporation, wnef.her as ovmer, lessee,
sublessee, or occupant, shall erect, construct,
enlarge, alter, repair, move, imprcve, remove,
demolish, equip, use, occupy, or maintain any
building or premises, or cause or permit the
same to be done, contra:.=y to or in violation of
any of the pro~isions of this Housing Code or any
order issued by the building off.ic.ial hereunder.
Any person violating t.h·~ provisions of this section
shall be guilty of a misdemeanor punishable by a
f.:tne of not more than $500, or by imprisonment for
not more than six months, or by both such fine and
irnprisomn~nt for each day such violation continues.
11 16. 04. 444 En.forcAment:/citation ".uthority.
The following dee!g~uted employee positions may
enforce ti~ provisions of this chapter by the
issuance of citations, Persons employed in ru.ch
positions are authorized to exercise the authority
provided in Penal Code Sei::tiou 836.5 and are
authorized to issue citations for violations ot
this chapter. The designated employee positions
are: (1) chief building official, (2) plan check
engineer, (3) .rdinance compl5.ance inspector."
SECTION 6. Sections 16.08.081 and 16.08.082 are heieby added
to read as toflows: [Plumbing Code]
"16.08.001 Violations/penalties. Any
person, f:i.,;_-m cfr corpor~tion violating any pro
Vl.3ion of this Plumbing Code shall be deemed
gu5.1 ty of a misd,emeano1· and upon conviction thereof
shall be punishable by a fine not to exceed $500 or
by imp~isori,ment fo~ not to exceed six months, or
both fin.;: and :tmpr .tsoruneflt .. Each separate day or
any portion thereof during which any violation of
this Plumbing Code occurs or continues shall be
deemed to constitute & sepa·.i:'ate offense, and upon
conviction thereof shall be punish.able as herein
provided.
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"1.6.08.081 Enforcement/citation authority.
The following designated employee positions ~ay
enforce the provisions of this chapter by the
issuance of citations. Persons employed in &uch
positions are authorized to exercise the authority
provided !n Penal Code Se.cti.on 836. 5 and are
authorized to issue citations for violations of
this chapter. The designated employee positions
are: (1) chief building offic~al, (2) plan check
engineer, (3) ordinance compliance inspector."
SECTION 7. Sections 16.l.6.012 and 16.16013 are hereby added
to read as fol lows: (Electrical Code]
11 16.16.012 Violationsfpen?-lties. Any pergon~
firm, or corporatiOn v1.olat ng a~y provision of
this Electrical Code shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
punishable by a fine not to Gxceed $500 or by im
prisonment for not to exceed six months, or both
fine and tmprisonment. Each separat~ day or any
portion thereof during which any violation of this
Electrical Code occurs or continues shall be deemed
to constitute a separate offe~se, and upon conviction
thereof shall be punisha~le as herein provided.
"16.16.0lJ Enforcementfcitation authoriJ:.l..
The following des1gnated emp oye~ positions may
~nforce the provisions of chis chapter by the
issuance of citations. Pe.rsons employed in such
po3itions are authorized to exercise the authority
provided in Penal Code Section 836.5 and are
authorized to issue cit~tions for violations of
this chapter. The designated employee positions
are: (1) chief bui.lding official, (2) plan ~heck
engineer, (3) ordinance compliance ine!:)ector."
SECTION 8. Sect~.ons 16. 20. 322 and 16. 20. 323 are hereby .added
to read as follows: [Sign Code]
"16.20.322 Violations/penalties. Violation
of any provision of this chapter shall be an in
fraction, punishable as provided in this code.
Each day of "'"iolation shall constitute a separate
offense and may be separately punished.
"16. 20 .. 323 Enforce~eJ:>..tJ ci_ta..~i-~tl --~_'\.l_t_l!ori ty.
The following des1griated employee positions may
enforce the provisions of this chapter by the
issua'il.ce of citations. Persons employed in such
positiong are uuthcrized to exercise the authority
provided in Penal Cece Sectio~ 836.5 And ~~e
authorized to issue citations for violations of
this chapter. The designated employee positions .
are: (1) chief building offi.cial, (?) plan check
engineer, (3) ordinance comp!.ianc.e inspector."
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SECTION 9. Section 18.01.085 is he~eby added to read as fol-
lows: [Zoning ~ode]
"18.01.085 Enforcement/citation authorit .
The following des gnate emp oyee pos t ons may
enforce the provisions of this chapter by the
issuance of citations, Persons employed in such
positions are authorized to exercise the authority
provided in Penal Code Section 836.5 and are
authorized to issue citations for violations of
this chapter. The designated employee positions
are: (1) chief build'i.ng D.f.fic.:tal, (2) plan check
engineer, (3) ordinance compliance inspector."
GI:CiI.G~~ 10. The C::-runcil finds that this is not a project under
the Caii::ornia £nvironmental Quality Act and, therefore~ no envir.on
mental impact assessment is necessary.
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SECTION 11. This ordinance shA11 become effective upon the
commencement of the thirty-first day after th~ day of its passage.
INTRODUCED: February 4' 1920
PASSED: February 19, 1980
AYES: Brenner, Eyerly, Fazzino, Fletcr1ar,Henderson, Levy, Renzel, Shel", Witherspoon
NOES: rlone
ABSTEN1.'IONS: None
Abr·:~wr : None
A~ST: /' I 0//,,.,h. , ·-+rt i,41_. ell ~1ty
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Community Environment
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