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File Number: 14-457 <br />course and scope of their employment pursuant to Title 3 of the Penal Code. <br />Police officers, but not the City Manager, shall have and are hereby vested with the <br />authority to arrest or cite any person who violates any section of Title 3 in the manner <br />provided by the California Penal Code for the arrest or release on citation of misdemeanor <br />infractions as prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as <br />the same may be hereinafter amended). <br />3-18-190 CONTINUING VIOLATION. <br />Unless otherwise provided, a person, firm, corporation, or organization shall be <br />deemed guilty of a separate offense for each and every day during any portion for which a <br />violation of this Title 3 is committed, continued, or permitted by the person, firm, corporation or <br />organization and shall be punishable accordingly as herein provided. <br />3-18-195 CONCEALMENT. <br />Causing, permitting, aiding, abetting, or concealing a violation of any provision of this <br />Title 3 shall constitute a violation of such provision. <br />3-18-200 MISDEMEANOR. <br />Any person violating any provision of these regulations, or of any permit issued <br />pursuant to said regulations shall be guilty of a misdemeanor and upon conviction thereof, <br />shall be punished by imprisonment in the County Jail for a term not to exceed one year, or by <br />a fine not to exceed One Thousand Dollars ($1,000.00) or by both such imprisonment and <br />fine. Every day such violation continues shall constitute a separate offense. The aftern�er <br />the rvitpCity Attorney, upon order of the City Manager, shall petition the Superior Court to <br />impose, assess, and recover such sums as may be applicable. Any such violation constituting <br />a misdemeanor may, in the discretion of the City, be charged and prosecuted as an infraction. <br />Upon conviction of an infraction, a person shall be subject to payment of a fine, not to <br />exceed the limits set forth in California Government Code Section 36900. After a third <br />infraction conviction for a violation of the same provision within a twelve (12) month period, or <br />subsequent violations of that same provision within a twelve (12) month period may be <br />charged as misdemeanors. <br />KWagF1•_191�,IINE;�1XAIkri4101:174:7:J:T9143*1� <br />The Administrator Any City enforcement officer may issue a complaint to any person <br />on whom civil liability may be imposed pursuant to Chapter 3-17 of this Title. The complaint <br />shall allege the acts or failures to act that constitute a basis for liability and the amount of the <br />proposed civil liability. The complaint shall be served by personal service or certified mail and <br />shall inform the party so served that a hearing shall be held at a specific time and place within <br />sixty (60) days after the party has been served. Failure of any person to receive notice shall <br />not affect the validity of any proceedings hereunder. <br />3-18-210 ADMINISTRATIVE ORDER HEARING PROCESS. <br />The administrative order hearing shall be held before the City Manager or his/her <br />designee. All hearings shall be tamrecorded. Hearings need not be conducted according to <br />the technical rules of evidence. Hearsay evidence may be used for the purpose of <br />supplementing or explaining any direct evidence, but shall not be sufficient in itself to support <br />a finding unless it would be admissible over objection in civil actions in courts of competent <br />jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on <br />City of San Leandro Page 6 Printed on 11113/2014 <br />