HomeMy WebLinkAboutAgenda Report - April 21, 1982 (37)EJ
s HENRY A GLAVES, Jr.
CI [Y COUNCIL City Manager
, "ES ,. MUR MURPHH kCARTMayor
ROBERTT G. CITY OF LO D I ALICE AI IN IMCHE
Y, Mayo► Pro Tern City Clerk
RICHARD L. HUGHES CITY HALL. 221 WEST PINE STREET
WALTER KAINICH POST OFFICE BOX 320 RONALD M. STIIN
JAMES W. PINKERTON• jr, LODI. CALIFORNIA 95241 City Attora
(209) 334-5634
April 28, 1982
Mr. James Schroeder
Community Development Director
Dear Jim:
Enclosed herewith please find procedure for the abate-
ment of Municipal Code zoning violations, which is
an amendment to Chapter 27, Sec. 27--22 of the City
Code of the City of Lodi.
Following a report on this matter by City Attorney
Stein at the April 21, 1982 City Council Meeting, by
motion action, the matter was referred to the Planning
Commission for review.
Very truly yours,
AC
Al ce M. Re Che
City Clerk
AR: dg
Enc.
Imp 1 1114 1 L.1 1 11m, W11
- -- JUNCIL COMMUNICATI
TO:` THE CITY COUNCIL DATE NO.
FROM THE CITY MANAGEWS OFFICE April 19, 1982
'ECT!
Citation Procedure for Municipal Zoning Code Violations
At a recent conference of City Attorneys, I was made aware of
a procedure in Walnut Creek for the abatement of zoning code
violations. Attached hereto is a copy of the procedure.
At present in the City_of Lodi, in order to abate a zoning
code violation, it becomes necessary to follow a very cumber-
some procedure which ends up with the Police Department having
to go out and cite an individual for a violation or, in the
alternative, having the City Attorney prepare a written com-
plaint. and have the individual taken into court.
The Penal Code permits officers or employees of a city to issue
citations for violations of the zoning code for which they were
hired to enforce. With this in mind, the City of Walnut Creek
permits their building inspectors and zoning compliance personnel
to issue citations for violations of the zoning code. I have
spoken with our Community Development Director and the Chief of
Police and both agree that such a procedure would be valuable in
the City of Lodi.
For your consideration, I have attached a copy of a proposed ordinance
amendment to our zoning code in this regard. Mr. Schroeder and
Chief Yatea.*and I are also working out a model citation form to
be used. It will be necessary for this Council to amend the
appropriate zoning code sections.
My suggestion is that Council put this on for a shirtsleeve to
discuss it or set for a future Council meeting to in fact
institute same.
RMS:vc
attachments
f
NALD M. STEIN
CITY ATTORNEY
% CITY OF WALNUT CREEK `�. c--4- S"
/• rACID&WITY D£Vk'.LOP:MJT DEPX;M40
PROCEDURES Fit II-PlaUNITATION OF CIWI-EG3 Pa^=ES. S
FOR ABA=rn1T OF ?WICIP.AL CODE VIOLATIWS
inane No. 1465 of the City Municipal Code app`wed by the City Council on
May 6, 1980, and effective on June 20, 1980, authorizes the enforcement of
violations of the zoning ordinance through a citation procedure. Ordinance
No. 15011 approved by the City Council on May 20, 1981, and effective on June
20, 1981, expands the infraction procedure to include Chapter 1 of Title 7,
Article 2; Chapter 6 of Title 41 and Chapter 3 of Title 5. The prose-
duce for implementation of this citation program is as follows:
1. In omifonmance with City Ordinance No. 1465, only the City Manager,
Clmmity.OoMmunity Development Director, Chief of Ocde fl7foraraent, and Onde
Enforeement'Inspectors may issue a citation under this procedure.
2. If a violation of the zoning ordinance is observed and reported to
the City, the Chief of Code Enforcement or o=unity Development permit
center tepresentativa should be contacted as soon as possible.
3. The Community Development Department representative shall record the
complaint on the department Zoning Investigation Fora and forward to the
Chief of Oode Enforcement for assignment of follow-up action.
4. The City staff member assigned to follow up on the zoning complaint
will visit the site and determine if a violation of the Ci.ty`s zoning ordi-
naciee- does _exist.
5. If a violation does exist, City staff will verbally notify the property
owner or occupant (violator) of the existence of the violation arra specify
action necessary to correct it. If the violator agrees in a very positive
manner to comply with the requested corrective action, City staff may simply
record the violation and required corrective action on the Zoning Investiga-
tion Fbm and make a return visit at an agreed-upon date to insure that the
violation was corrected. th issue of a City warning notice may be necessary
at this time.
6. If the violator does not appear cooperative or on the return visit to the
site the violation is not corrected, the staff member shall complete and
issue a written City Warning t4otice. The City warning notice shall indicate
1) the specific nature of the complaint; 2) the Municipal Code section of the
Kooning ordinance that is in violation; and 3) a reasonable tame or date for
the violation to be oorrected by the violator. City staff shall retain
•
one copy of the warning Notice and the second copy shall be given to the
violator. The time limit for compliance shall vary depending upon the
violation and be a reasonable pericd for the violator to correct the viola;
tion. A copy of the warning notice is enclosed.
7. A City warning notice: may be given on the first visit if City staff
feels that the violation should be quickly abated.
8. If City staff finds, upon returning to the site after the time period
for compliance, that the citation has not been corrected and the violator
has no reasonable excuse for failure to abate the violation, a citation shall
be issued. A citation may only be issued when the authorized City staff
member has witnessed the v iol at ion .
9. Rhe citation includes 1) standard information on the violator; 2) the
date the violation was observed; 3) location of the violation and the
Municipal Code section applicable to the violation, and 4) brief information
describing the violation, as required. The citation (Notice to Appear), must
be signed by the violator or person responsible for the premises. This may
be the owner, lessee or manager. The citation must be issued to the respon-
sible person (violator).
10. The violator's- signature on the citation is not an admission of guilt,
only a promise to appear as instructed or pay the bail and the violator
is released upon his signing. Refusal to sign would require physical arrest.
11. The promise to appear is a release stating that the defendant will
appear in court or pay the bail in lieu of physical arrest. If City staff
encounters an individual who refuses to sign the citation after all reason-
able efforts have been pursued, a police officer should be summoned. City
staff should explain the situation to the officer and request the individual
be taken into custody. Police officers responding to assist will attempt to
pursuade the violator to sign the citation. If the violator is taken into
custody,, the enforcing officer will sign the citizens arrest block of the
police officer's Citizens Arrest Report (CAR). The police otficer will write
a brief report.of the violation in accordance with standard policy department
procedures.
12. Each citation is numbered and must be accounted for. Citation books
shall be issued by citation nuaber to the assigned enforcing staff member.
The staff member is accountable for each by number. The Cammunity Develop-
ment Department is responsible for maintaining aftinistrative control of
issued citations and delivering the Courf Clerk's copy of the citation to the
Court Clerk's office. The Department shall maintain a citation log, entering
each citation and final disposition. If a mistake is made while a citation
is being written, it shall be voided and all copies retained in the Citation
Ing Book maintained by the Community Development Department.
13. Transient violations irmolving persons who are transient are handled
by a citation or by arrest if the violation is camcdtted in the enforcing
officer's presence. ihhen a physical arrest is necessary, a police officer
shall be requested to take the violator into custody and ensure proper
procedures are followed.
14. General citation procedures are as follows:
a. Mien the citation is written and oo mpleted, copies will be dis-
tributed as follows:
(1) Cited persons cry (yellow) - give to violator.
.
(2) Court copy (hard copy) - attach copy of warning notice and
mail -delivered to the Clerk of the Walnut Creek -Danville
Municipal Court at 640 Ygnacio Valley Road, Walnut Creek,
California 94596. -
(3) File copy (whihte, original) -- the Department's office copy.
•
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be, Citations - shall be issued only where a violation of a specific
section - or . section of the appropriate code or ordinance has occurred and
the
citing,staff member has witnessed the violation.
co DDcLmsentation establishing prior efforts to gain compliance shall
I
exist:, using tt* Department Warning Notice and zoning Investigation !-`orm.
(Prior° documentation of evidence is unnecessary when citations are issued for
violations which present imminent life hazards or in presence of staf f
member).
d. The date to appear as dxm on the citation shall be as for three
weeks from the date of issuance. These should be designated by staff as
three.weeks from the date of the citation at 1:30 p.m.
by the local Municipal Court from the date of issuance.
e. All violations shall be indicated on the citation with reference
to the appropriate code or regulations, including the specific section
number.
f. All violations as shown on the citation shall be explained Eo
the violator prior to his signing.
15. Citation Program Fine and Bail Schedule: $50 plus -court costs.
16. Each citation for a violatiori is it separate offense. A fine will
be assessed for each citation.
17. mile it is not envisioned that every citation issued will be reviewed
by a Judge, the gathering of supportive evidence to document the case is
extremely important as a fundamental part of the investigation process.
1. tive Evidence: To avoid possible antagonistic confrontations
laterp photographs and measurements should be made as soon as it
is determined by the enforcing officer that a violation exists and
vwming notice given. 2be date, location( file number and photo-
graom 'S initials should be recorded on the reverse side of each
picture or slide. Measurements of violations pertaining to heights
setbacks, property lines, etc., should be noted on a rough sketch of
the site.
Z. darning Notice: A copy of the warning notice shall be attached
to the Court Clerk's copy of the citation in addition to any other
supportive evidence. too citation shall be Isond unless the viola-
tor was given a warning notice. : A warning notice is not
required When the citation is issued for an imminent life Hazard.
18. The violator may elect to pay the prescribed ball, and not appear in
court only if tbLe violation is corrected. it is the violator's responsibil-
ity to, contact the City staff member who issued the violation for reinspec-
tion and certification that the violation has been corrected. If the viola-
tion has been corrected, the staff member must sign the back side of the
violation under "Certification of Correction" and indicate the date. The
City's copy should also be signed record of the correction.
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r
19. If the _.violation is not corrected after a citation is given but before
.'the...court ; h6ming, other citations may continue to be given during this time
to force abatement of the violation pcMided a reasonable period for abate-
f, went° is.:given `by the .City staff metier each time prior to issuance of another
':'citation.
20 If aviolator, upon issuance of a warning notice, corrects the violation
but then engages in the same violation at a later date, the City staff member
may, give a citation without a warning notice for such activity. These
situations may occur with the abatement of illegal banners, paper signs and
zval estate signs.
21. At the ODurt 'hearing cn the citation, the staff member issuing the
citation, must be present to pxovide any additional informa':ion required by
the QourtStaff from the City Attorney's office need not attend if the
defendant has legal representation.
o
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ORDINANCE NO.
z]
'AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING SECTION 27-22
(ENFORCEMENT; PENALTIES; LEGAL PROCEDURE)
OF CHAPTER 27 (ZONING) OF THE LODI
MUNICIPAL CODE.
The City Council of the City of Lodi does ordain as
follows:
SECTION 1. Section 27-22 (Enforcement; penalties; legal
procedure) of Chapter 27 (Zoning) of the Lodi Municipal
Code is hereby amended to read in full as follows:
"Section 27-22. Enforcement; penalties; legal procedure.
For the purpose of requiring full compliance with
all of the provisions of this chapter, the following
regulations shall govern:
(a) Enforcement.
The City Manager, Community Development
Director, Chief Building Inspector, Building
Inspectors, and Assistant Planner are hereby
vested with the authority to arrest any person
who violates any of the provisions of this
chapter.
All officials of the City of Lodi charged by
the law with the general duty of enforcing City
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(b) Licenses and permits.
All departments, officials and public employees
of the city, who are vested with the duty and
authority to issue licenses or permits where
required by law shall conform to the provisions
of this chapter and shall issue no such license
or permit for uses, buildings or purposes where the
same would be in conflict with the provisions of
this chapter. Licenses or permits, if issued in
conflict with the provisions of this chapter, shall
be null and void.
� 1
(c) Penalties for violation.
Unless otherwise indicated, it shall be an infraction
for any person to do any act forbidden or fail to 4
perform any act required by this chapter. Penalties
for infractions shall be as set forth in Government
Code Section 36900.
(d) Legal proceedings.
The penalties prescribed herein shall not be deemed
to limit the right of the city through its legal
department as authorized by the city council upon
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j
request of the enforcing officials to institute
any appropriate legal procedure as prescribed
by law to restrain, enjoin, correct or abate any
actual or threatened violation of the provisions
of this chapter.
w
(e) public Nuisance.
Any violation of this chapter shall constitute a
public nuisance. In addition to any other remedies
provided,in this chapter, the city may summarily
abate and bring civil suit to enjoin or abate the
-violation.
�- (f`'Separate Offenses - Cumulative Remedies.
Each day any violation of this chapter continues
shall be regarded as.a new and separate offense.
-3-
27-20 27-22
40
See. 27-20. Rules and regulations.
The planning commission shall adopt such rules and
regulations as may be required for its conduct and the
performance of its duties as prescribed by law and the provisions
of this chapter. In such rules shall be prescribed the form and
scope of opetitions and applications provided for in this chapter,
and of aaompanying data to be furnished so as to secure the
fullest practicable presentation.of the matter involved in each
ease and for permanent record. Any petition for an adjustment or
use permit or amendment as provided herein shall include, if so
specified by the planning commission, a verification by at least
one of the petitioners, attesting to the truth and correctness of all
facts presented with the petitions. Any such verification required
shall be dated and attested before a Dotaiy public or the city
clerk. (Ord. No. 469.119.)
See. 27-21. Interpretation; purpose; conflict.
In Interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the protection
and promotion of public health, safety, peace, morals, comfort.
convenience and general welfam.. It is not intended by this
chapter to Interfere with or abrogate or annul any easements.
covenants or other agreements between parties; provided.however.
that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of
buildings, or requires larger yards or open spaces than are
Imposed or required by other ordinances, rules, regulations or by
easements, covenants or agreements, the provisions of this
chapter shall govern. (Ord. No. 469.120)
See. 27-22. Worcement; penalties; legal procedure.
For the purpose of requiring full compliance with all of the
provisions of this chapter the following regulations shall govern:
(a) Morcement. It shall be the duty of the community
development director or his authorized representative to enforce
the provisions of this chapter. All officers of the city charged by
%pp. 1 M6 9 -IS
47,
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27'22 LODI CITY CODE $ 27-22
law with the general day of enforcing city ordinances shall
enforce this chapter and the provisions of the same.
(b) Licenses and nennits. All departments, officials and public
employees of the city, who are vested with the duty and authority
to issue licenses or permits where required by law shall conform
to the provisions of this chapter and shall issue no such license or
permit for uses, buildings or purposes where the same would be in
conflict with the provisions of this chapter. Licenses or permits, if
issued in conflict with the provisions of this chapter, sh;ttl be null
and void.
(c) Penalties for violation. Any person, whether a principal,
agent or employee, who violates, disobeys, omits, neglects or
refuses to comply with the enforcement of any of the provisions of
this chapter, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than
five hundred dollars or by imprisonment in the city jail for a term
of not more than six months, or by both such fine and
imprisonment. Each day a violation is permitted to. exist shall
constitute a separate offense.
(d) Legal proceedings. The penalties prescribed herein shall not
be deemed to limit the right of the city through its legal
department as authorized by the city council upon request of the
enforcing officials to institute any appropriate legal procedure as
prescribed by lair to restrain, enjoin, correct or abate any actual
or threatened violation of the provisions of this chapter. (Ord. No.
469. ¢ 21; Ord. No. 1056.11)
876
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TO RESPONSIBLE
INTERESTED CiTh
.iC OFFICIALS AND
RECEIVING THIS MANUAL:
All too often speed zoning is considered a cure -ail for a community's
traffic ills. Citizens frequently demand speed zoning In an effort to
develop a quick solution to complicated traffic problems.
Realistic speed zoning Is a traffic engineering tool used to derive the
best traffic servi;,e for a given set of conditions
This manual is a practical guide to realistic speed
zoning for those who are unfamiliar with engineer-
ing and b-affic surveys as defined in the California
Ve
Sp zoning should generally be applied to major '
thoroughfares carrying appreciable volumes of
traffic; transition points on major highways from
rural to urban conditions; areas of high accident
frequency attributable to excessive speed; n J
areas with unusual enforcement pytt,
"it Is the intent of the Legislature that physical
conditions such as width, curvature. grade and
surface conditions. or any other condition
readily apparent to a driver In the absence of
other factors, would not require special down-
ward speed zoning."
FUNDAMENTALS OF REALISTIC SPEED ZONING
Most citizens can be relied upon to behave in a reasonable manner as they go about their dairy activities.
Many of our taws reflect observations of the way reasonable people behave under most circumstances.
Traffic regulii� servation- -1 1h- t rists under varixes
enera y speaking. traffic laws that reflect the behavior of they o moor` T11s re and
pudftssnful. Laws that arbitrarily resiric't the majority of drives encourage wholesale vio:ations. lack lu
public support and usually fall to bring about desirable changes in driving behavior. This is e"cikls*_v tru
If zoning. Via+ ?!PRaRiPta`5 ct. ._ .
Speed zonin based upon several fundamental concepts deeply rooted in our American system of
government and law:
• Driving behavior Is an extension of social attitude, and the majority of drivers respond in a safe and
reasonable manner as demonstrated by their consistently favorable driving records.
• The normally careful and competent actions of a reasonable person should be considered legal.
O Laws are established for the protection of the public and the regulation of unreasonable behavior of
the individual.
O Laws cannot be effectively enforced without the consent and voluntary compliance of the public
majority.
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is is normally Instinctive. However same public, when emotional)
Public acceptance of these P no Y P Y
aroused in a specific Instance, will invariably reject these fundamentals and rely Instead on more comfort-
able an uch as. I
Speed limit signs will stow the speed of traffic.
13apeed limit signs will decrease the accident rate and increase safety.
alsing a posted speed limit will cause an Increase in the speed of traffic.
Any posted speed limit must be safer than an unposted speed limit, regardless of traffic and roadway
conditions prevailing.
Before -and -after studies consistently demonstrate that there are no
significant changes in traffic speeds following the posting of new or
revised speed limits.
Police agencies necessarily rely on reasonable and well recognized ;
speed laws to control the unreasonable violator whose behavior is
clearly out of line with the normal flow of traffic.
Speed Zoning should be reserved for thoroughfares with appreciable
volumes of traffic where such zoning can be shown to facilitate the
orderly movement of traffic by increasing driver awareness of a
reasonable speed.
BASIC SPEED LAW I
All fifty states base their speed regulations on the
Basic Speed law:
"No person shall drive a vehicle upon a high-
way at a speed greater than is reasonable or
prudent having due regard for weather, visi-
bility. the traffic on. and the surface and width
of, the highway, and in no event at a speed
which endangers the safety of persons or
property."
This law recognizes that driving conditions vary
widely from time -to -time and place -to -place. No
set of fixed driving rules will adequately serve all ,
c onditions.1
All other speed limits are prima facie limits which, "on the face of it," are reasonable and
prudent under normal conditions. A driver may exceed any prima facie limit If it is safe to do
so under prevailing conditions. However, when a police officer cites a driver for exceeding
a prima facie speed limit, it is up to the driver to prove, if he can, that he was driving In a
reasonable and prudent manner under the existing conditions.
1-2.
. ;INTERMEDIATE SPEE40NES
ttate.law permits local authorities to lower the maximum speed limit
(55 mphj or to raise business and residence district speed limits
425 mph) on the basis of a traffic and engineering survey.
ENGINEERING AND TRAFFIC SURVEY I
As defined in the California Vehicle Code, an engineering and traffic
survey is "a survey of highway and traffic conditions in accordance
with methods determined by the Department of Public Works for use
by state and 1 authorities:
Prevailing speeds as determined by traffic engineering measure- ;
menta;
cident records;
olighway. traffic, and roadside conditions not readily apparent to !
the driver.
Speed limits are established. based on normal road conditions.
to advise .the motorist of safe speeds during free-flow opera-
tions. Prevailing speeds for Zoning purposes are therefore
measured during off-peak periods when traffic conditions are
closest to free or uninterrupted flow. On most street networks,
these conditions exist throughout most of the daytime hours
except for the morning and afternoon commuter hours.,'
INVENTORY OF ACCIDENT RECORDS
When the speed survey form indicates a concentration of reported accidents or an
accident rate significantly higher than normal for the type of roadway under study, a
detailed accident analysis should be made, including a collision diagram for the route 1
or intersections, as necessary. Adequate consideration may then be given to other
corrective measures. the degree of enforcement emphasis needed, and the general f
applicability of any posted speed limit at 811.!
ac
riin,appro�
top
iFor ptrt tit of Ptir�sbsek,'1116-Z mph increment
at or Immediately below the 85th percentile *3
(or the upper limit of the pace) 13 the numerical
value properly selected for posting a realistic
and enforceable speed limit. Ohl
FINAL CONSIDERATIONS
As a final aid to establishing realistic speed
zones. the following practical considerations
should be kept In mind:
0 Intermediate speed limits are applicable
to through routes having positive Inter-
section controls. good signing. striping,
and markings to accommodate apprdbl-�
able volumes of traffic from beyond the
immediate neighborhood.,
Unusually short zones of less than a hall
k;,IleIn !en �th should be avoided when
0 Speed zone changes should be coordi-
nated with visible changes In roadway
conditions or roadside deve o m to
Successive mph speed zone
changes
should be avoided by properly
selecting
in 10 1 cr
0 Speed zoning should be coordinated
with adjacent jurisdictions to assure
compatibility.
An after -study of operating speeds In a newly
established speed zone should be made to
verity appropriateness, relative effectiveness,
and general acceptance by the motoring
public.
JI
` TRAFFIC REGULATIONS
Ceeicurretice, amt tcupi Ort, of enfortrmrilt of.
fel:-Ils'are nermary for the tutor tmful operation
of d mdricttvl xlx•tvI zciise.
Section 429,158.fi of tile. Whirlts Coale. provides
that'. it is: till! introit #if the irgtslature flint
plij 4r sl rostidilitilk MIsh ">is w itlth, curvature..
P. I a11d xnrraer rmulit ionx, or any tither ruts•
tlitiesis 'nti adily at►pan•nt to a drivrr,. its the ah-
ssnwr- or 'nther factors, Hould..>uit. nrptin• xite-
ci.•1) c)atvn�vurtt xiti•1rl�ztmiita;;.
Spectl zaam of It of than half It mite and
t;hort"trssttxiti.na ztauns t:Gnnld'lse avctidcrl.
2. t,ity Most CA ally Through Highways. Arteriae:,
Ant! Collector itsimix.
A. tulnxltiction—This is u short ntethticl of
speed Zonis g bared on the pn•mixe that a
reasonable slued limit is one that rtutfo»ns
to_the actual Winvior of live majority sof
tnotori.tx, sand that by me.•asttrint; motorists'
x1it" x, ono will l,a sable to st•lert at xlur d
limit flint ix both rtaxtmable and effective.
If there art• other factors, such ax high iw-
destrian volume coupkrl with lark of side-
walks, etc.. flint might rechoire furlln•r down-
zonitt;; of xllcc 11x, then it is Mr 11111, ndrtl
flash Ilse proectlure for slitted moin"a sort State
highways lie followed. However. this short
method will handle most sittuttions note-
quately.
b. Determination of Existing Slircrl Limits--
Thme. xpcedx will lie either verified, in-
erraw4l. or deerea xl tirlxntling m1 lite. re.
stalls of the invemi,-intion.
e.• Siicetl %tnie:iurVVY-_
• Ottly-sone lier,g,n ix rtyluireol for Ilse. tirld
woork Mliceds can be. read directly front a,
radar nsertl meter. 1f this is unavailable., it
Oath biox atad slop wstteh rn11 lots used.
• A tsrrtintivor roiati xhnnld lie totrttrl wills
n-prewiltall ivr.': aIa•ratslog ts{N•rthl: If hive d%
vary mi it giv'rn mad, adtlilionatl surveys
should be r0sidurk4l. Itsthis ram. it may
be ncrr•�.�ery to c.stablisll Additional speed
zones with dizermt xpm4llimita. The ,sec.
tion selected should br straight And should
have no trtf le-, sii6sal�i"4op titan or inter-
t�ccticon �► it h a nictstir craci xtrectr
• Spot mc~ixurcnscnttc`3th6uld. be taken dur.
inK r; ntC pale .; hours ; on weckdtt,�az.: The
wt•athcr sltottid - be fair' with _ no . unustua
conditions prevailsitg.:Itis important :fiat
the surveyor, and his.equipnaent, be so in--
conspiesioti s' us 'not to. affect traffic xpcedx.
For this rcaion;; an unmarked car is rec-
ccmtnlrnded, with: the radnr solved meter
located as inconspicuously as possible. It
should be placed so as to be able to survey
truffle iii both directions, and +should not
snake. sang single -greater than 15 degrees
wilt lite roadway center line. If a flash
box. i,a 1tw•d. trsivel lit►irx for a tsoraxnrtrl
distanrr roust Iic• recorded slid speeds cal.
rulated.
• It is desirable to have a minim,. --u rimple
of 100 automobiles in each survey. Thi..;
may rowlt in excr�•sive :survey periods for
low-vohmu• roads. Under these conditions
tale xurvey s.hntdd lit• rtinduefed ror a maxi.
vision, of lhrre Inman, but in no rasa should '
the sample ror any survey contain leets titan
25 autontabiltnc. -
• 1•'igrnn. 841 shows a sample data sheet
which jw y be a cd to record speed obser-
vutionx. Slxr•itic typos of vehicle may be
tallilrl by list• or letter ity mbols its arpro-
pri:tte xtitutntis.
• Exlierienre has shown that spm.ed liutits
should be extablixhel ;it or below tie 85
percentile xlwed, which is tate speed at or
below whirls 85 IKreent of truffle is moving.
This spetrl call. be a:riceted dim—fly from
the (lain shtr•t. The xpced choxrn for xpeed
zoning Outsold be in fi taaile per hour iuere-'
metas sand xhould ittorntaliv lie xeleetrol at
a value imintrlintely lit -low the 85 per-
rentile slit-ctl. however. if the 85 1 r.
tenable snivel N within l: issilts per Isom
iiY' the next higher increment, lite .peed
Iimit Amt-!tl ih- xt•t at the hi.ber 41svett.
• Ag a rhe.le on rase validity of file propuxed
aptctl tintit an. atudyxis xhanld la- 111.111.
of.:Ilse _.twis-rear atr•ident r elml f•or .the
Ker!I`11,ta lir r4QtI%vat• unth•r rwt•i�t,•rs+tion.
1f this rt•t-twol %hea •. list abtics anally ,tri„lt
iirr�•. tsta_.• ..f a,•t•ittrntx� nt,nt,stlty
u1wl.willt ext•. ler xtwyvl�t, tilt• i,ruiNviteol
1:11414r1 lituit i.httisltt loe fuON+ 6ylut+r•1. This
i>::1_ jud•�trn�t/1 xilnaiitii an.! Yitl;isut >>uctt•
alts' 1w a r rlitr. :
• Shurl-gw-rd. mics of. Iem, thaI q'16074 mile
xhiluhl Iw• avnid�rl.-.rxrrpt<: in : irant.ititan
areas
slier, zone rhangK•x tcilould be coordinatrd.
i itls-.' rhan;ryx An- rtiodW�ty conditions” or
rota(las(y dcv(inpaacnt ..+Y. `
• Spred zoiii11ff . in fi mile per hour. `intra
ments should be avoided - if possible ' A 10
anile per'.hour increment is prefcrnblc:
o Spm1. xouin;- shuul(l be rogrdirtated bc-
t -Awn adjacent jurissdiCtion�
3. Lsical Streets _
a. Introduction-�Sectia4' r3 (b)(1) .of: filo
Vehicle Cade establishes a prima. fncie-spei d
limit of 25 milex per hour on tiny hit hvay
in any business or residence diactrict. It en -
form -d by radar or .other Aertrieal dovices,
this six -ed limit must be juxtifitA by nit en-
ginecring and traAie survey. ilighway-4 its
buxisvirm dixtra.tts will:.nurtnalty' fit into tile.
cateh-ory sof 2 above. and sliced rotted its ac-
rordmur. with lite tty.httiquem listed thrre.-
11311ler. The methsotl drmotribi-il hers- is in
F.7i1:�i!f .7i¢r...<�.r.•' ;::'y^; �rAc..iE:,i`:i�.»v?uk.. ... .... ..... .....a.:. �s wu�c:k,s..� , �,., .,.. .. .. _... ,..._........�.......,
` � frn�k�l' for's<i>txYlon►sam' l*g tfy: travelnl rex- SI„•rdx are recorded oat n xurvt�• xi:ect Fid
� •emWith latire 8-4 shows a typical speed survey sheet. 1
tilt�t3' of flit �'rhtrM Cu�le. V n»n this sheet, the 83 percentile speed can
b, l'rr�unisniK 4 t�per�lx-..a[easurOwst. of pre-
-a
ry- !►e selected by se}arat.ing the upper ti�a ispp--
r '; , vuilitl • , Htiybc i,c'ttM tur�•xvar ' ins ,Ktrh ntn�1 nroxim3ntcly: las) of :the total sampiat-ob-
t, Y . scrvcd. In ahc absericc: of other facto this -
rr,•r�,. str,•,•t nf• icimnlat:a'i•hntrncM•r Klthin u �=
, j in the moat reasonable s fors s»a.
r,•r•i►lrsat'r:,Ir asr.•a.- I turre�'er, sate. mnu,t. be ax- T P�
err ,air,l in , acleatitntt . a loratkus -for sliced
stud}• tlnitt is mntr,rcntativo.oE the aharartee el. Uthrr Comiderutions—h eery .tenet ,.hould,
'of'alh,streetx ta.�r6ic11 the speed •tndy, is to he inslimte l for unumial trattir. midway
be npPlied,'.There should be ilttiG;differenee alu] ro.�,�l. id,• ,K►n,litiaa not era<iily niau:r• I r
ins re�ul ray features and usage as well an crit to :; tnM�►ri.t. A nccK�lc should be made
the character and `density. of: the ad*ja Bent of list ,tdcyuacy of traffic control device%
deveOpulent. Midway, ali;n,tnrnt, width.. surface rondi= �
f itot art- tent history, and assay uni,lnr tratf•;
C. Spred Jie�surenu�nt--Ono man: a radar �
unit ian'eonduct the speed eheck. At least fir huyardx that may exist. Any of the" emi-
��
:✓•1" mrnxnrementx should be made and in ditions may Warrant the selection of a speed
order to nbtnitt a significant satuple, the lower flints the R5 percentile speed for speed
:onin�.
speed of vehicles in either direction may be
turd.
Figum a
VEHICLE SPEED SURVEY SHEET
FOR CITY `AND COUNTY THROUGH IGHWAYS,
ARTERIALS, ANO COLLECTOR RO/!DS
� r
-Jurisdiction Dnte k`
L�ocotion ;Weother r r� - t �`�
Recorder Tii� ad _ Y
NUMBER' Of.. VEHICLES PERc�Hzx. t.�►TtvE r .<
t 1 20
tJi: IOTAt. AGE'S r
w �
4A I I4 ?
r
3Q ; r>
zAT
20
?OTAL NUMBER OF VEHICLES = fQQ r ,t
PROCEDURE FOR
ABATEMENT OF
MUNICIPAL. CODE
ZONING VIOLATIONS
WHICH IS AN
AMENDMENT TO
CHAPTER 27, SEC
City Attorney Stein informed the Council that at a
recent conference of City Attorneys, he was made
aware of a procedure in Walnut Creek for the
abatement of zoning code violations. A copy of
the procedure was provided for Council's perusal.
At present in the City of Lodi, in order to abate a
zoning code violation, it becomes necessary to follow
a very cumbersome procedure which ends up with the
Police Department having to go out and cite an
individual for a violation or, in the alternative, having
the City Attorney prepare a written complaint and have
the individual taken into court.
The Penal Code permits officers or employees of a
city to issue citations for violations of the zoning
code for which they were hired to enforce. With this
in mind, the City of Walnut Creek permits their
building inspectors and zoning compliance personnel
to issue citations for violations of the zoning code.
Mr. Stein indicated he had spoken with our Community
Development Director and the Chief of Police and
both agree that such a procedure would be valuable
in the City of Lodi.
For consideration, City Attorney presented a
copy of a proposed ordinance amendment to the
City's zoning code in this regard. Mr. Schroeder and
Chief Yates and Mr. Stein are also working out a
model citation form to be used. It will be necessary
for this Council to amend the appropriate zoning code
sections.
Mr. Stein suggested that Council put this on for a
shirtsleeve to discuss it or set for a future Council
meeting to in fact institute same.
A lengthy discussion followed with questions being
directed to Staff, and to the City Attorney. On motion
of Mayor Pro Tempore Murphy, Olson second, Council
referred the matter to the Planning Commission for
review.
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ZONING 127 -22
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`
Sea. 27-20. Rules and regulations.
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The planning commission shall adopt such rules and
r
regulations as may be required for its conduct and the
performance of its duty as prescribed by taw and the provisionsof
this chapter. In such rules shall be prescribed the form' and
scope. of petitions and applications provided for in this chapter,
and, of- accompanying data to be furnished so as to secure the
Fj:
fullest practicable presentation .of the matter involved in each
ease and for permanent record. Any petition for an adjustment or
use permit or amendment as provided herein shall include, if so
{ ;
specified by the planning commission, a verification by at least
,
one of the petitioners, attesting to the truth and correctness of all
1�
facts presented with the petitions. Any such verification required;'
shall` be dated and attested before a notarypublic or the city
clerk: (Ord. No. 469, ¢ 19.)
'
Bee. Z? -3L Interpretation; purpose; conflict-
f'
In Interpreting and applying the provisions of this chapter, they
WWI be held to be the minimum requirements for the protection
x
andpromotion of public health. safety. Peace, morals, comfort,
eonvenlence� and general welfare. It is not intended by this
chapter. to interfere with or abrogate or annul any easements,
..
covenants or . other agreements between parties; provided,
s
however, _ that where this chapter imposes a greater restriction
Y
upon; they use of buildings or premises or upon the height of
buildings, or requires ` larger yards or open spaces than are
Imposed or required by other ordinances, rules, regulations orby,
*r�
easements, covenants or agreements, the provisions of this
chapter shall govern. (Ord. No. 469, 120.)
g
�.=
Sm' -214L Enforcement; penalties; legal procedure.
x�l�
For.. the purpose of requiring full compliance with all of the
provisions of this chapter the following regulations shall govern:r
(ay`M orcmext It shall be the duty of the community
_ 4
development director or his authorized representative to enforce
'=<
the provisions of this chapter. Ali officers of the city charged by
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ftPP 1 15. 8-75
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I 27-22 LoDi CITY CODE § 27-22
law with the general day of enforcing city ordinances shall
enforce this chapter and the provisions of the same.
'
(b) Licenses and permits. All departments, officials and public
employees of the city, who are vested with the duty and authority
to issue licenses or permits where required by law shall conform
to the provisions of this chapter and shall issue no such license or
permit for uses, buildings or purposes where the same would be in
conflict with the provisions of this chapter. Licenses or permits, If
issued in conflict with the provisions of this chapter, shall be null
and void.
(c) Peviatties for violation. Any person, whether a principal,
agent or employee, who violates, disobeys, omits. neglects or
refuses to comply with the enforcement of any of the provisions of
s- -
this chapter, shall be deemed guilty of a misdemeanor, and upon '
conviction thereof shall be punished by a fine of not more than
rive hundred dollars or by imprisonment in the city jail for a term
of not more than six months, or by both such fine and
Imprisonment. Each day a violation is permitted to, exist shall
constitute a separate offense.
(d) Lcpai prom&xps. The penalties prescribed herein shall not
be deemed to limit the right of the city through its legal
department as authorized by the city council upon. request of the
.
Enforcing officials to institute any appropriate legal procedure as
prescribed by law to restrain, enjoin, correct or abate any actual {
or threatened violation of the provisions of this chapter.. (Ord. No.
1
469. § 21; Ord. No. 10K 13.)
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46 4
Ordinance No. 1465 of the City Municipal Oode approved by the City Council on
May 6, 1980, and effective on June 20, 1980, authorizes the enforcement of
violations of the zoning oedinance through a citation procedure. Ordinance
No. 1501, a pcoved by the City Council on May 20, 1981, and effective on June
20, 1981, expands the infraction procedure to include Chapter, l of Title 7,
Article 2; Chapter 6 of Title 4, and Chapter 3 of Title 5. The proce–
dure for implementation of this citation program is as follows:
s
1� in cortfonaance with City Ordinance No. 1465, only the City Manager,
Cammity Oamms►ity.Dev�
elopoent Director, Chief of Code oreement, and Oode
is eaeat Inspecbors may issue a citation under this procedure.
2. Iiia violation of. the zoning ordinance is observed and reported to
the.._City, . _the.^.. Chief of Code Enforcement or Community Development permit
center
representative should.be contacted as soon as possible.
3. The Community Development Department representative shall eoord the
compiaint' on the department Zoning Dwestigation Flom and forward to the
Chief of Oode 0 A ree:ment for assignment of follow-up action.
4. The ►City staff member assigned to follow up on the zoningcaaplaint
will visit the site and determine if a violation of. the City's zoning ordi
-- =60-0, does- exist.
S.If a violation does exist, City staff will verbally notify the property
owner or o (violator) of the existence of the violation and Speci!`y
action necessary to correct it. If the violator agrees in a very positive
mariner to comply with the requested corrective action, -City staff may -simply
recocd the violation and required corrective action on the Zoning _ Dlvestiga
tion Flown and make a return visit at an agreed-upon date to insuire tbat t the'
violatIon ` was corrected. No issue of a City warning notice may be necesaaiity
at this time.
6. If the violator dose not appear cooperative or on the return visit to the
site the violation is not corrected, the staff member shall complete and
issue a written City Warning Notice. The City warning notice shall indicate
1) the specific nature of the complaint; 2) the Municipal Code section of the
zoning ordinance that is in violation; and 3) a reasonable t3me'or date ldr
the violation to be corrected by the violator. City staff shall retain
pre copy of the Warning Notice and the second copy shall be given to the
violator. The time limit for compliance shall vary depending upon the
violation and be a reasonable period for the violator to correct the viola–
tion. A copy of the warning notice is enclosed.
7. A City warning notice may be given on the first visit if City staff
feels that the violation should be quickly abated.
S. If City. staff finds, upon returning to the site after the time period
for compliance, that the citation has not been corrected and the violator
has no reasonable excuse for failure to abate the violation, a citation shall
be issued. A citation may only be issued when the authorized City staff
member has witnessed the violation.
9 21e citation includes 1) standard information on the violators 2) the
date .;the` violation:;was observed 3) location of the violation and the
Munidipa1.0odt aectiron` applicable,Fbo the .vialation, and, 4) brief information
di cribli g the#violation,: as -required.. ,The. citation (Notice to Appear) must
be signed, by the violator or person responsible for the premises.. This may
be the owcMer,`=`leasee 'or Ima mer. The citation must be issued to the respon-
Bible pUVW (violator)
10. aw Violator a signature on the citation is not an admission of quilt,
cnly`a . to'appw as instructed or pmy the bail and the violator
is released upon his signing. Aefumd to sign would require physical arrest.
11. The: pr+aaiss to appear is a release stating that the defendants will
appear in'- oast oc pay the bail in lieu of physical arrest. If City staff
enoounters an individual who refuses to sign the citation after all r+eason-
abli ffocts have been, pursued,- a police officer should be summoned. City
staff should arpt-ain the situation to the officer and request the i�dividwal
beutaloen nt "custiody:` Police officers responding to assist will attempt:.to
pi the violator to sign the citation. If the violator is taken into
custody, the enforcing officer will sign the citizens arrest block of the
police "ollic er a. -Citizens Arrest `ftport (CAR) The police officer will write
a' brief "report: of the violation in accozdance with standard policy
` pC+00edtse.
U. Bach citation is twmbered and must be accounted for. Citation books
shall'`, be- issued by citation number to the assigned enforcing staff member.
The 'staff eember` acootntable for each by number. The O manity nevelop-
nrnt AePertpent. ia. iashocie�ible for waintaining. administrative control 02
issued cititti�orn ` and delivering the Corm Clerk's eoPY of- the citation:'W'°the
mutt Clerk's ;office: h' The' Depnrtauent shall `maintain a citat3,a logs entering
each citatifln °:mc�d' sinal disposition. If a wistaioe is made while"'a citatiron
is being ++ritt�en@, At:.sball _ be voided and ' all; espies retained in the Citatinn
., ..:
Log Book.'. J -0 --bye the nt, Deparbaent
13. Trainsient violations � inmlvi� who are `'transiesitti ares hanaZeri
p by a citation oc by,, arrest' if the v &iaittion is committed' in tt�e enforcing
officer'w we " suer a physical arrest' is necessary, a police'offfcer
aball
'to"take the violator into custody and ensure proper
pkooedurm, are, �ollro+eed
14. General. citation procedures are as follows
a. When the citation is written wd campleted, copies will be dts-
tr3buted as follows
(1) Cited persons copy (yellow) - give to violator.
(2) Oourt ocPY (hard copy) - attachCopy of weznirig notice and
wail -delivered to the Clerk of the Walnut Creek -Danville
Municipal Court at 640 Ygnacio Valley Road, htalnut Creek,
California 94596. .
(3) File copy (wh%te, original) - the Department's office cony.
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be Citations shall be issued only where a violation of a specific
section -OC- section of the appropriate code or ordinanceoccurred has occred arta
the citing. staff member has witnessed "the violation.
co Documentation establishing prior effiorts to gain compliance shall
exist, using the Department LWarning Notice and Zonfng Investigation Form.
(Prior &CUMentation of evidence is When citations are issued for
violations which present imminent life hazards or in presence of stafde
tneiaber) .
d. The date to appear as shown on the citation shall be as for three
weeks fres the.; date of issuance. 7hese sbould be designated by staff as
three weeks from the date of the citation at 1:30 p.m.
by'the local Municipal Court from the date of issuance.
e. All violations shall be indicated on the citation with reference
to the appropriate code or regulations, including the specific section
tx�aber.
f. All violations as shown on the citation shall be explained to
the violator prior to his signing.
15. Citation Program Fine and Bail Schedule: $50 plus court costs.
16. Each citation for a violation is a separate offense. A fine will
be assessed for each citation.
17. While it is not envisioned that evvzy citation issued will be reviewed
by a judge, the gathering of supportive evidence to document the case is
extremely important as a fundamental part of the investigation process.
1. Sumgive Evidence: To avoid possible antagonistic confrontation
Tater, photographs and measurements should be made as soon as it
Is determined by the enforcing officer that a violation exists and
warning 'notice given. 7he date, location, file number and photo-
grapher a
hoto-graphera initials should be recorded on the reverse side of each
picture or slide. Measurements of violations pertaining to height,
setbacks, property lines, etc., should be noted an a rough Blotch of
the site.
T. 1larning Notice: A oopy of the warning notice shall be attached
to the Wurt Clerk's copy of the citation in addition to any other
supportive evidence. No citation shall be issued unless the viola-
tor was given a warning notice. Exception: A warning notice is not
required When the citation is issued for an imminent life hazard.
18. Zhe violator may elect to pay the prescribed bail and not appear in
cart only if the violation is corrected. It is the violator's responsibil-
ity to contact the City staff mwber who issued the violation for reinspec-
tion and Certification that the violation has been corrected. If the viola-
tion has been corrected, the staf f med:)er must sign the back side of the
violation under "Certification of Qarrection" and indicate the date. 7
City's copy should also be signed record of the o=rection.
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A-18
�t.
'jS;S"Z6)Yk1''h�J"48i*>f.WM4—ly.1Ht'Y 1°hFk .r..R.w 5
gs °Ifthe;tViolation is not corrected after a citation is given but before.
tbsoouXt:9 �.otber citations may continue to be given during this time
` ee..,aba tt; ot;.the, violation provided a reasonable period for abate-
Y
i
anent is: given by the City staff member each time prior to issuance of aniother
20.: If a Violator, upon issuance of a warning notice, corrects the violation
but. then engages in the same violation at a later date, the City staff member
may give `weitatioit: without a warning notice for such activity. These
situati�s OW occur with the abatement of illegal banners, paper signs and
reel 'estate 'signs:
21." At the °Omxt;, bearing on the citation, the staff member issuing the
citation must. tie present to provide any additional information required by
the Oouaa GWf fun tine City Attorney's office neer] not attend if. the
defendant has legal representation.
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OUNCIL COMMUNICAT
t0: ilt CiYV Cou"CR DATE NO.
lk1Y :. t
Apr i 1 19, 1982
SUBJECT :a : ,`K►e
Citation Procedure for Municipal Zoning Code Violations
At a recent conference of City Attorneys, I was made aware of
a procedure in Walnut Creek for the abatement of zoning code
violations. Attached hereto is a copy of the procedure.
At present in the City of Lodi, in order to abate a zoning
code violation, it becomes necessary to follow`a very cumbe r
some procedure which ends up with the Police Department having
to go out and cite an individual for a violation or, in the
alternative, having the City Attorney prepare a written com.-
plaint and have the individual taken into court.
The Pen`aT Code persiits officers or employees of a city to issue
citations for violations of thi zoning code for which they were
hired'.'to enforce. With this in mind, the City of Walnut Creek
permits their tu�,lding inspectors and zoning compliance personnel
to issue citat`d for violations 'of the "zoning -code. '' �'I Have
spoken with oti�r ilii Development Director and ` the Chief of
Police and bothgi�i�r uch a procedure would be valuable in
the Citykof'�`Ldd . "
For your consideration; I have attached'a copy of a proposed ordinanc.
amendiAnt to `ou= ° zdjrig code inthis re`ga'rd. Mr. schroeder and
Chief Yates aril `.r "are - also ;�orkizig out g model= citation 'form to
be used'; ' It 'till be ; necessary for this Council to amend the
appropriate zoning code sections.
My suggestion is
discuss it or set
institute same.
RMS:vc
attachments
that Council put this on for a shirtsleeve to
for a future Council meeting to in fact
trtl
RONALD 11. STEIN
CITY ATTORNEY
CITY COUNCIL
'JAM iA `McCARTY. Mayor
ROBERT C. MURPHY. Mayor Pro Tem
`RICHARD C HUGHES
WALTER KATNICH
JAMES W. PINKERTON. If.
_'N
CITY OF LODI
CITY HAIL. 221 WI Si PINE STREET
POST OFFICE BOX 120
LOBI, CALIFORNIA 95241
(209) 334-5634
April 28, 1982
Mr. James Schroeder
Community Development Director
WNRY A CLAVES. If
C itv ManaLer
ALICE M RE IMCHF
Cav Clerk
RONALD M. STEIN
Cltr Attorney
Dear Jim:
Enclosed herewith please find procedure for the abate-
ment of Municipal Code zoning violations, which is
an.amendment to Chapter 27, Sec. 27-22 of the City
Code of the City of Lodi.
Following a report on this matter by City Attorney
Stein at the April 21, 1982 City Council Meeting, by
motion action, the matter was referred to the Planning
Commission for review.
Very truly yours,
Avw�Alq&cealA.Reimche
City Clerk
AR: dg
Enc.
THE CITY COUNCIL
THE CITY MAPMOUrS OFFICE
AMECT:
Citation Procedure for Municipal Zoning Code Violations
UNCIL COAINIUNICATI
DATE NO.
April 19, 1982
At a recent conference of City Attorneys, I was made aware of
a procedure in Walnut Creek for the abatement of zoning code
violations., Attached hereto is a copy of the procedure.
At present in the City of Lodi, in order to abate a zoning
code violation, it becomes necessary to follow a very cumber—
some procedure which ends up with the Police Department having
to go out and cite an individual fcr a violation or, in the
alternative, having the City Attorney prepare a written cor.►-
plaint and have the individual taken into court.
The Penal Code permits officers or employees of a city to issue
citations for violations of the zoning code for which they were
hived to enforce. With this in mind, the City of Walnut Creek
permits their building inspectors and zoning compliance personnel
to issue citations for violations of the zoning code. I have
spoken with our Community Development Director and the Chief of
Police and both agree that such a procedure would be valuable in
the City of Lodi.
For your consideration, I have attached a copy of a proposes:
amendment toour zoning code in this regard. Mr. Schroeder
Chief Yates -and I are also working out a.model citation form
be used It will be necessary for this Council to amend the
appropriate zoning code sections.
ordinance
and
. to
My`suggestion is that Council put this on for a shirtsleeve to
discuss it or set for a future Council meeting to in fact
institute same.
RMS :vc
attachments
RONALD M. STEIN
CITY ATTORNEY
CITY OF WALNUT CREEK
• 0, PWW1TY DEVELM. MW DEPA..1 i4E
Pi�JCEDURES EM IMr"[. ►tE1MTION OF CITATIM PROCESS
FOR ABATMMW OF MMICIPAL CODE VIOLATION'S
Ordinance No. 1465 of the City municipal Code approved by the City Council on
may 6, 1980, arra effective on June 20, 1980, authorizes the enforcement of
violations of the zoning ordinance through a citation procedure. Ordinance
No. 1501, appiroved by the City C)D nncil on May 20, 1981, and effective on June
20, 1981, expands the infraction procedure to include Chapter 1 of Title 7,
Article 2, Chapter 6 of Title 4, and Chapter 3 of Title 5. The proce-
dure fxw implementation of this citation program is as follows:
1. In eonfonmance with City Ordinance No. 146% only the City Manager,
Community Community Development Director, Chief of Code Enforcement, and Oode
__F_ Inspectors may issue a citation under this procedure.
2. if a violation of the zoning ordinance is observed and reported to
the City, the Chief of Code hforceiment or Community Development permit
center `representative should be contacted as won as possible.
3. 'The Omm pity Development Department representative shall reoora the
complaint' on the department Zoning Investigation Toru► and forward to the
Chief of Code Enforcement for assignment of follow -v? action.
4. The City staff member assigned to follow up on the zoning complaint
will visit the site and determine if a violation of the City's zoning ordi-
- marine -'does exist.
S. If a violation does exist, City staff will verbally notify ttie property
owner or occupant (violator) of the existence of the violation and specify
action necessary to correct it. If the violator agrees in a very positive
manner'to damply with the requested corrective action, City staff may simply
record. violation and required corrective action on the Zoning Investiga-
tion Form. anti make a return visit at an agreed-upon date to insure that the
violation' 'aM oo�rrected.' No issue cf a City warning notice may be necessary
at this time;
6.
it, the violator `does not appear cooperative or on the return visit to the
site the violation is not corrected, the staff member shall complete and
issue a written City Naming Notice. the City warning notice shall indicate
1) the specific nature of the complaint; 2) the Municipal Code section of the
zoning ordinance that is in violation; and 3) a reale time or date for
the violation to be corrected by the violator. City staff shall retain
one copy of the Warning Notice and the second copy shall be given to the
violator. The time limit for compliance shall vary depending upon the
violation and be a reasonable period for the violator to correct the viola-
tion. A copy of the warning notice is enclosed.
7. A City warning notice may be given on the first visit if City staff
feels that the violation should be quickly abated.
8. If City staff finds, upon returning to the site after the time period
for compliance, that the citation has not been corrected arra the violator
has no reasonable excuse for failure to abate the violation, a citation shall
be issued. A citation may only be issued when the authorized City staff
member has witnessed the violation.
r
9. The citation includes 1) standard information on the violator; Z) the
date the violation was observed; 3) location of the violation and the
Municipal Oode section applicable to the violation, and 4) brief information
describing the violation, as required. The citation (ibtice to Appear) must
be signed by the violator or person responsible for the premises. This may
be the owner, lessee or manager. The citation must be issued to the respon-
sible person (violator) .
10. The violator's signature on the citation is not an admission of guilt,
only a promise to appear as instructed or pay the bail and the violator
is released upon his signing. Refusal to sign would require physical arrest.
11. The premise to appear is a release stating that the defendant will
appear in eotwt or pay the bail in lieu of physical arrest. If City staff
encounters an individual who refuses to sign the citation after all reason-
able efforts have been pursued, a police officer should be summoned. City
staff should explain the situation to the officer and request the individual
be taken into custody. Police officers responding to assist will attempt to
puorsuade the violator to sign the citation. if the violator is taken into
custody, the enforcing officer will sign the citizens arrest block of the
police officer's Citizens Arrest Report (CAR). The police officer will write
a brief report- of the violation in accordance with standard policy department
procedures.
12. Each citation is numbered and must be accounted for. Citation books
shall be issued by citation number* to the assigned enforcing staff member.
The staff member is accountable for each by number. The Cammunity Develop-
ment Department is responsible for maintaining aWnistrative control of
issued citations and delivering the tburf Clerk's copy of the citation to the
Court Clerk's office. The Department shall maintain a citation log, enteriM
each citation anti final disposition. If a mistake is made while a citation
is being written, it shall be voided and all copies retained in the Citation
Log Book maintained by the Ommunit-y Development Department.
13. Transient violations involving persons who are transient are handled
by a citation or by arrest if the violation is committed in the enforcing
officer's presence. When a physical arrest is necessary, a police officer
shall be requested to take the violator into custody and ensure proper
procedures are followed.
14. General citation procedures are as follows:
a. When the citation is written and completed, copies will be dis-
tributed as follows:
(1) Cited persons copy (yellow) - give to violator.
(2) Court copy (harts copy) - attach copy of warning notice ant]
mail -delivered to the Clerk of the Walnut Creek -Danville
Municipal Court at 640 Ygnacio Valley Road, Walnut Creek,
California 94596. .
(3) File copy (whitte, original) - the Department's office copy.
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0
b. Citations shall be issued only where a violation of a specific
section or section of the appropriate code or ordinance has occurred arta
the citing staff member has witnessed the violation.
c. Documentation establishing prior efforts to gain compliance shall
exist, using the Department Warning Notice and Zoning Investigation Form.
(Prior documentation of evidence is unnecessary when citations are issued for
violations which present imminent life hazards or in presence of staff
member) .
d. The date to appear as shown on the citation shall be as for three
weeks from the date of issuance. These should be designated by staff ats
three weeks from the date of the citation at 1:30 p.m.
by the local Municipal Court frau the date of issuance.
e. All violations shall be indicated on the citation with reference
to the appropriate code or regulations, including the specific section
number.
f. All violations as shown on the citation shall be explained to
the violator prior to his signing.
15. Citation Program Fine and Bail Schedule: $50 plus -court costs.
16. Each citation for a violation is a separate offense. A fine will
be assessed for Each citation. '
17. While it is not envisioned that every citation issued will be reviewed
by a judge, the gathering of supportive evidence to document the case is
extremely important as a fundamental part of the investigation process.
1. rtive Evidence: To avoid possible antagonistic confrontations
ater, togra s and rements should be made as soon as it
is determined by the enforcing officer that a violation exists and
warning notice given. The date, location, file number and photo-
grapher"s initials should be recorded on the reverse side of each
picture or slide. Measurements of violations pertaining to height,
setbacks, property lines, etc., should be noted on a rough Watch of
the site.
Z. Warning Notice: A copy of the warning notice shall be attaC*Md
to the Court Clerk's copy of the citation in addition to any other
supportive evidence. No citation shall be issued unless the violas
for was given a warning notice. Exception: A warning notice is not
required When the citation is issued for an imminent life hazard.
18. ztne violator may elect to pay the prescribed bail and not aPPear in
court only if the violation is corrected. It is the violators responsibil-
ity to contact the City staff member Who issued the violation for reinspeo-
tion and certification that the violation has been corrected. If the viQla--
tion has been Corrected, the staff member must sign the back side of the
violation under "Certification of Correction" and indicate the date. The
City's copy should also be signed record of the correction.
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1. If the violation is not corrected after a citation is given but before
the court hearing, other citations may continue to be given during this time
to for abatement of the violation prwided a reasonable period for abate-
ment is given by the City staff member each time prior to issuance of another
citation.
20. If a violator, upon issuance of a warning notice, corrects the violation
but then engages in the same violation at a later date, the City staff member
may give a citation without a warning notice for such activity. Thesde
situations may occur with the abatement of illegal banners, paper signs asci
real estate signs.
21. At the Court hearing on the citation, the staff member issuing the
citation must be present to provide any additional information required by
the Court. Staff from the City Attorney's office need not attend if the
defendant has legal representation.
e o
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ORDINANCE NO.
Elk
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING SECTION 27-22
(ENFORCEMENT; PENALTIES; LEGAL PROCEDURE)
OF CHAPTER 27 (ZONING) OF THE LODI
MUNICIPAL CODE.
The City Council of the City of Lodi does ordain as
follows:
SECTION 1. Section 27-22 (Enforcement; penalties; legal
procedure) of Chapter 27 (Zoning) of the Lodi Municipal
Code is hereby amended to read in full as follows:
r�
'Section 27-22. Enforcement; penalties; legal procedure.
For the purpose of requiring full compliance with
all of the provisions of this chapter, the following
regulations shall govern:
(a) Enforcement.
The City Manager, Community Development
Director, Chief Building Inspector, Building
Inspectors, and Assistant Planner are hereby
vested with the authority to arrest any person
who violates any of the provisions of this
chapter.
All officials of the City of Lodi charged by
the law with the general duty of enforcing City
-1-
ordinances shall also enforce this Chapter and
the provisions of the same.
(b) Licenses and permits.
All departments, officials and public employees
of the city, who are vested with the duty and
authority to issue licenses or permits where
required by law shall conform to the provisions
of this chapter and shall issue no such license
or permit for uses, buildings or purposes where the
same would be in conflict with the provisions of
this chapter. Licenses or permits, if issued in
conflict with the provisions of this chapter, shall
be null and void. 1W
(c) Penalties for violation.
Unless otherwise indicated, it shall be an infraction
for any person to do any act forbidden or fail to
perform any act required by this chapter. Penalties
for infractions shall be as set forth in Government
Code Section 36900.
(d) Legal proceedings.
The penalties prescribed herein shall not be deemed
to limit the right of the city through its legal
department as authorized by the city council upon
-2-
request of the enforcing officials to institute
any appropriate legal procedure as prescribed
by law to restrain, enjoin, correct or abate any
Factual or threatened violation of the provisions
of this chapter.
(e) Public Nuisance.
Any violation of this chapter shall constitute a
public nuisance. In addition to any other remedies
provided in this chapter, the city may summarily
abate and bring civil suit to enjoin or abate the
violation.
(f) Separate Offenses - Cumulative Remedies.
Each day any violation of this chapter continues
€,hall be regarded as a new and separate offense.
The remedies provided in this chapter shall be
cumulative and not exclusive."
-I-
r'
g 27-20 ZONING § 27-22
Sec. 27-20. Rules and regulations.
The planning commission shall adopt such rules and
regulations as may be required for its conduct and the
performance of its duties as prescribed by law and the provisions
of this chapter. In such rules shall be prescribed the form and
scope of petitions and applications provided for in this chapter,
and of accompanying data to be furnished so as to secure the
fullest practicable presentation of the matter involved in each
case and for permanent record. Any petition for an adjustment or
use permit or amendment as provided herein shall include, if so
specified by the planning commission, a verification by at least
one of the petitioners. attesting to the truth and correctness of all
facts presented with the petitions. Any such verification required
shall be dated and attested before a notary public or the city
clerk. (Ord. No. 469, § 19.)
Sec. 27-21. Interpretation; purpose; conflict.
In interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the protection
and promotion of public health, safety, peace,. morals, comfort,
convenience and general welfare. It is not intended by this
chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided.
however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of
buildings, or requires larger yards or open spaces than are
Imposed or required by other ordinances, rules, regulations or by
easements, covenants or agreements, the provisions of this
chapter shall govern. (Ord. No. 469, 120.) -
Sec. 27-22. Enforcement; penalties; legal procedure.
For the purpose of requiring full compliance with all of the
provisions of this chapter the following regulations shall govern:
(a) EVorcemenG It shall be the duty of the community
development director or his authorized representative to enforce
the provisions of this chapter. All officers of the city charged by
215
Supp. ! 15. 9-75
-v •. 4« ' .� ':: �•�r*`.yam .-.•
40
r
:. lam► �!'e J,~`�f'��iw �} t -s..1
')!.2.ry� "� is .•� „�.f \�y �J,,
4 27-22 LODI Crry CODE
:J r�,�'j� 1�1^..,tib C.�':-�~•T�•
-L1 •.�- �:L L•1il •C .`Ji. Wit' J'. .-Ta:L
27-22 t
law with the general duty of enforcing city ordinances shall
enforce this chapter and the provisions of the same.
(b) Licenses and permits. AU departments, officials and public
employees of the city, who are vested with the duty and authority
to issue licenses or permits where required by law shall conform
to the prOvisions of this chapte- and shall issue no such license or i
permit for uses, buildings or purposes where the same would be in
conflict with the provisions of this chapter. Licenses or permits, if
Issued in conflict with the provisions of this chapter, shall be nula
and void.
(e) Penalties for violation. Any person, whether a principal.
agent or employee, who violates, disobeys, omits, neglects or
refuses to comply with the enforcement of any of the provisions of
this chapter, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than
five hundred dollars or by imprisonment in the city jail for a term
of not more than six months, or by both such Cine and
imprisonment. Each day a violation is permitted to. exist shall
constitute a separate offense.
(d) Legal proceedings. The penalties prescribed herein shall not
be deemed to limit the right. of the city through its legal
department as authorized by the city council upon request of the
enforcing officials to institute any appropriate legal procedure as
prescribed by law to restrain, enjoin, correct or abate any actual
or threatened violation of the provisions of this chapter. (Ord. No.
469, ¢ 21; Ord. No. 1056, 13.)
216
Supp. / Is. !-TS
"a
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