The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. However, in order to enforce such ordinances, the agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties.
The administrative procedures set forth by ordinance adopted by the local agency shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to tl1e imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical or other similar structural or zoning issues, that do not create an immediate danger lo health or safely.
The procedures for enforcement of building, plumbing and electrical code violation are presently set out in other Carmel-by-the-Sea Municipal Code sections, which are also in need of revision but not the subject of the proposed Chapter 18.04 Code addition.
The proposed Carmel-by-the-Sea Municipal Code Chapter 18.04 is proposed in order to comply with the mandates of the Government Code and to establish a streamlined enforcement process in order to enforce the Municipal Code and Municipal Ordinances. 'The purposes of administrative enforcement are to facilitate an improved and consistent code.
The proposed CMC Chapter adoption sets forth:
1) Establishes procedures to be followed to ensure the enforcement of CM Codes and
ordinances.
2) Establishes a "Due Process" system that protects the civil and constitutional rights
of those accused of violating the laws of the Municipality.
3) Establishes a clear and defined method of enforcement and appellant procedures.