[Ord. No. 3889 §§1 —
4, 3-15-2010]
A.
It
shall be unlawful, in the event of a occupant's eviction from a house
or apartment, for anyone to place the personal property of the evictee
in any area other than the front yard or back yard of the house or
apartment from which the eviction is made; that is, it shall be unlawful
to place the personal property involved in the eviction on the street,
sidewalk, or the area between the street and sidewalk
1.
Placement of personal property on the public right-of-way
prohibited. No person or entity shall place personal property,
including personal property involved in an eviction, on the sidewalk,
roadway, or any part of the public right-of-way of a Berkeley roadway,
except as follows:
a.
For trash collection by the end of the following day; or
b.
In the event of an eviction, property may be so placed by the person
or entity with the right to possession of the property for a period
not to exceed twenty-four (24) hours, after which the personal property
shall be deemed abandoned and must be removed from the right-of-way
by the person or entity so placing the property.
B.
Abatement Of Nuisance.
1.
Whenever any nuisance exists, it shall be the duty of the Public
Works Director or designee to investigate the same and notify the
occupants of the property on which said nuisance exists to have the
same removed, and should the occupant fail to have the same removed
within twenty four (24) hours from the time of the notice, it shall
be the duty of the Public Works Director to have same removed forthwith.
2.
When the Director of Public Works or designee removes any nuisance,
he/she shall charge the occupant of the property with the expenses
incurred in such removal, and if the occupant fails to pay the amount
of such expense, he/she shall forfeit and pay to the City of Berkeley
a sum equal to the amount of expenses incurred by the Director of
Public Works, together with a sum not exceeding one hundred dollars
($100.00), to be recovered as other penalties before the Municipal
Judge, for each offense; and it shall be the duty of the Public Works
Director or designee to draw up the amount of the expenses thus incurred
and file same in the office of the Municipal Judge. The Municipal
Judge shall immediately issue his/her summons against the owner of
the property, and the case shall be tried as other cases of violation
of City ordinances.
C.
Penalty.
1.
Any person violating any provision of this Code, or any rule or regulation
adopted or issued in pursuance thereof, or any provision of any Code
adopted herein by reference is guilty of a misdemeanor and upon conviction,
unless another penalty is specifically provided, shall be subject
to a fine of not less than one dollar ($1.00) or more than one thousand
dollars ($1,000.00) or to imprisonment not more than ninety (90) days,
or both, and may be adjudged to pay the costs of prosecution. Whenever
the fine and costs imposed for a violation are not paid, the person
convicted may be committed to jail until the fine and costs are paid,
not exceeding ninety (90) days; and/or a lien may be filed against
the property.
2.
Each day a violation. Each act of violation and
every day upon which a violation occurs or continues constitutes a
separate offense.
3.
Applicability. The penalty provided by this Section
applies to the amendment of any Section of this Code or any code adopted
herein by reference whether or not such penalty is re-enacted in the
amendatory ordinance.
4.
All persons convicted and sentenced by the Municipal Judge for violation
of any ordinance or part thereof, whether the punishment be by fine
or imprisonment or both, may be put to work and perform labor on the
said public streets, highways and alleys or other public works or
buildings of the City. The Chief of Police, Director of Public Works
or other official of the City shall have the power and be authorized
and required to have or cause all such prisoners to work out the full
number of days for which such prisoner may have been sentenced. If
the punishment be by fine and the fine be not paid, then for every
fifteen dollars ($15.00) of such fine the prisoner shall work one
(1) day.
D.
Collection of Delinquent Fees — Lien On Property And Other
Effects Of Delinquent Fees.
1.
Action to recover. In addition to any other penalties
provided by law, the City may initiate and pursue an action in a court
of competent jurisdiction to recover any unpaid registration fees,
interest and penalties from any person liable therefore and, in addition,
may recover the cost of such action, including reasonable attorneys'
fees.
2.
Lien on property. Any unpaid or delinquent registration
fees, interest and/or penalties, whether or not reduced to judgment,
shall constitute a lien against the property for which the registration
fee was originally assessed until the same shall be fully satisfied.
The Finance Director or designee is authorized to take all steps necessary
to file and perfect such a lien, as may be required or directed by
the Director of Public Works or designee from time to time.
