2013-117 Repealing & Amending Sections Relating to Violation of the Code ORDINANCE NO. 2013-117
AN ORDINANCE OF THE CITY OF MENIFEE REPEALING
SECTION 1.220 AND AMENDING SECTIONS 1.01.200, 1.01.240
AND 1.01.250 OF TITLE 1, CHAPTER 1.01 OFTHE MENIFEE
MUNICIPAL CODE RELATING TO VIOLATIONS OF THE
CODE, PENALTIES AND PUBLIC NUISANCES AND
REPEALING ALL PREVIOUSLY ADOPTED COUNTY OF
RIVERSIDE ORDINANCES THAT ARE INCONSISTENT WITH
THIS ORDINANCE
The City Council of the City of Menifee ordains as follows:
SECTION 1. Title 1, Chapter 1.01, Section 1.01.220 of the Menifee Municipal Code is hereby
repealed and of no further force or effect.
SECTION 2. Title 1, Chapter 1.01, Section 1.01.200 of the Menifee Municipal Code is hereby
amended to read in its entirety as follows:
"§ 1.01.200 VIOLATIONS; PENALTIES.
(A) Violations. No person, firm, corporation, or other responsible entity shall violate any
provision, restriction, or requirement of this code or any code adopted herein, any
uncodified city ordinance, any rule or regulation promulgated pursuant thereto, or any
condition of any approval, permit, license, or other entitlement issued pursuant thereto.
Any person, firm, corporation, or other responsible entity who violates any
provision, restriction, or requirement of this code or any code adopted herein by
reference, any uncodified city ordinance, any rule or regulation promulgated pursuant
thereto, or any condition of any approval, permit, license, or other entitlement issued
pursuant thereto shall be guilty of a misdemeanor unless:
(1) Such requirement is classified as an infraction by the California Vehicle
Code, or any other State code or law, or by this code or any uncodified ordinance;
(2) The city manager or prosecuting attorney authorizes the issuance of a
citation or notice to appear charging an offense as an infraction;
(3) The prosecuting attorney files a complaint charging the offense as an
infraction;
(4) After filing of a misdemeanor complaint, the court, solely upon motion of
the people, reduces the charge to an infraction, and the defendant does not object to
having the case proceed as an infraction; or,
(5) An enforcement officer issues an administrative citation pursuant to
Chapter 1.03 of this title.
(6) An infraction offense shall be prosecutable as a misdemeanor upon a
fourth violation within a period of one year and each violation thereafter of the same
provision by the same individual within a period of one year.
City of Menifee Ordinance No. 2013-117
Amendment to Violations and Penalties
(B) Penalties.
(1) Misdemeanor. Any person, firm, corporation, or responsible entity
convicted of a misdemeanor under the provisions of this code by a court of competent
jurisdiction shall be punishable by a fine not to exceed One Thousand (1,000) Dollars, or
by imprisonment in the City or County Jail for a period not to exceed six months, or by
both such fine and imprisonment.
(2) Infraction. Any person, firm, corporation, or responsible entity convicted of
an infraction under the provisions of this code by a court of competent jurisdiction shall
be punishable by (i) a fine not exceeding one hundred dollars ($100) for a first violation;
(ii) a fine not exceeding two hundred dollars ($200) for a second violation of the same
ordinance within one year; (iii) a fine not exceeding
five hundred dollars ($500) for each additional violation of the same ordinance within one
year.
(3) Administrative Citation. Any person, firm, corporation, or other
responsible entity who violates any provision, restriction, or requirement of this code or
any code adopted herein by reference, any uncodified city ordinance, any rule or
regulation promulgated pursuant thereto, or any condition of any approval, permit,
license, or other entitlement issued pursuant thereto is also subject to administrative
fines that are authorized by Chapter 1.03 ("Administrative Citations") of this code.
(C) Continuing Violations. It shall constitute a new and separate offense for each and
every day during any portion of which any violation of any provision, restriction, or
requirement of this code or any code adopted herein by reference, any uncodified city
ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any
approval, permit, license, or other entitlement issued pursuant thereto is committed,
continued, maintained, or permitted by such person and shall be punishable accordingly.
SECTION 3. Title 1, Chapter 1.01, Section 1.01.240 of the Menifee Municipal Code is hereby
amended by the addition of a new subsection (c) and the amendment of subsections (A) and (B)
collectively to read in their entirety as follows:
"§ 1.01.240 VIOLATIONS: PUBLIC NUISANCES.
(A) In addition to other penalties provided by law, any condition caused or
permitted to exist in violation of any provision, restriction, or requirement of this code or
any code adopted herein by reference, any uncodified city ordinance, any rule or
regulation promulgated pursuant thereto, or any condition of any approval, permit,
license, or other entitlement issued pursuant thereto, or any threatened violation, shall
be deemed a public nuisance and may be summarily abated as such by the city.
(B) Any violation or threatened violation as referred to in division (A), shall be
deemed a public nuisance which may be abated by the City Attorney or City Prosecutor
in a civil judicial action. The city's election of this remedy shall not preclude the exercise
of the city's other remedies as provided by law.
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City of Menifee Ordinance No. 2013-117
Amendment to Violations and Penalties
(C) The term "threatened violation" as used in this section includes, but is not
limited to, any condition, use or activity on land or in a building or other structure, or a
portion thereof, that is immediately dangerous to its occupants or to public safety."
SECTION 4. Title 1, Chapter 1.01, Section 1.01.250 is hereby amended to read in its entirety
as follows:
"§ 1.01.250 NUISANCES: RECOVERY OF ABATEMENT EXPENSES.
(A) Whenever any person creating, causing, committing, concealing,
suffering or maintaining a public nuisance, as referred to in §1.01.240 of this chapter, or
other public nuisance, as defined under state law or other ordinances or regulations, has
been given notice, by or on behalf of the City Attorney or by any other city officer,
employee or policing agent authorized to give the notice, to abate the nuisance or cease
and desist from continuing the nuisance or violation of law, and the person fails, refuses
or neglects to comply with the notice within the time specified therein, or if a time is not
specified, then within a time reasonably sufficient to enable the compliance, the non-
complying person shall be liable to the city for any and all costs and expenses to the city
involved in thereafter abating the nuisance and in obtaining compliance with or enforcing
the law as referred to or encompassed within the notice.
(B) Costs and expenses, as referred to in division (A) above, may include, but
are not limited to, any and all direct costs and expenses related to such things as
personnel salaries and benefits, operational overhead, rent, interest, fees for experts or
consultants, legal costs or expenses, including attorneys' fees, claims against the city
arising as a consequence of the nuisance or violation, and any and all procedures
associated with collecting monies due hereunder.
(C) The provisions of division (A) above shall also apply to any person who
received a notice, as specified therein, abated the nuisance or violation, but
subsequently allowed or was responsible for a recurrence of the nuisance or violation.
(D) The liability of any person for the payment of the costs and expenses
provided for in division (A) above may be waived in whole or in part by the City Attorney
in any case wherein the City Attorney determines, in the City Attorney's sole discretion,
that the failure or refusal of the persons to comply with the notice therein involved was
based upon a good faith and bona fide issue of law or fact specially involved in the
circumstances of the case. Any determination or decision of the City Attorney in this
regard shall be final and conclusive and shall not be subject to appeal as prescribed in
Title 2 of this code.
(E) Money due to the city pursuant to this section may be recovered in an
appropriate civil action. Alternatively, the liability may be enforced by special assessment
proceedings against the parcel of land upon which the nuisance existed, which
proceedings may be conducted in a manner substantively similar to proceedings
described in Cal. Gov't Code §§ 39574 et seq., relating to weed abatement
assessments."
SECTION 5. This ordinance repeals, supersedes and substitutes for any previously enacted
ordinance that is inconsistent with its terms including, without limitation the provisions of any
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City of Menifee Ordinance No. 2013-117
Amendment to Violations and Penalties
ordinance adopted by reference from the County of Riverside Code upon incorporation of the
City of Menifee.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases or portions might be
declared invalid or unconstitutional.
SECTION 7. This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this 19`h day of March, 2013.
Scott A. Mann, Mayor
Approved as to Form:
!ciZ 7
J ie HaywaF Bi ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2013-117 to be the original ordinance adopted by the City Council of
the City of Menifee on March 19, 2013 and that said ordinance was published in accordance
with the law.
Date:
Kathy Bennett, City Clerk
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I
Scott A.Mann
Mayor
Wallace W.Edgerton STATE OF CALIFORNIA )
Deputy Mayor COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Thomas Fuhrman foregoing Ordinance No. 2013-117 was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 19'" day of March 2013 by the
Greg August following vote:
Councilmember
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us