Chapter 1.20
PENALTY PROVISIONS

Sections:

1.20.010    Violation.

1.20.020    Penalty.

1.20.030    Separate offenses.

1.20.040    Nuisance.

1.20.050    Authorization to cite.

1.20.010 Violation.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code or any provision of any ordinance of the city not included within this code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this code or any code adopted by reference by this code or any other city ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. [Ord. 312 § 1, 2011; Ord. 90-13 § 31; Code 1990 § 1.3.01.]

1.20.020 Penalty.

A. Misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Infraction. Any person convicted of an infraction under the provisions of this code shall be punishable either by fines as are specified in the currently adopted Uniform Infraction Bail Schedule used by the Riverside County superior court, or where no fine is specified therein by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year. [Ord. 312 § 2, 2011; Ord. 91-32; Ord. 90-13 § 32; Code 1990 § 1.3.02.]

1.20.030 Separate offenses.

Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued, or permitted by that person. [Ord. 90-13 § 33; Code 1990 § 1.3.03.]

1.20.040 Nuisance.

A. In addition to the penalties provided, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that that condition continues shall be considered a new and separate offense.

B. The prevailing party in any proceeding associated with a violation of the municipal code, the abatement of a public nuisance, or where a violation of any provision of the municipal code has been declared a public nuisance, shall be entitled to recovery of attorneys’ fees incurred in any such proceeding, where the city has elected, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. [Ord. 209 § 2, 2004; Ord. 90-13 § 34; Code 1990 § 1.3.04.]

1.20.050 Authorization to cite.

The city council does hereby authorize the city manager and his/her designee(s), who are employees of the city, to have citation powers, and to cite any violation(s) of this code, as provided herein. [Ord. 193 § 1, 2002; Code 1990 § 1.3.05.]