CHAPTER 1.12
GENERAL PENALTY

Section

1.12.010    Penalty

Statutory reference:

For statutory provisions authorizing cities to impose fines up to $500 or imprisonment up to 6 months, or both, see Cal. Government Code § 36901

1.12.010 PENALTY.

A.    Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise. Any violation constituting a misdemeanor under this code, may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine only as follows: Upon a first conviction by a fine not exceeding $100 and for a second conviction of the same ordinance within one year by a fine not exceeding $200 and for any conviction of the same ordinance within a period of one year, by a fine not exceeding $500 for each subsequent violation.

B.    Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding $100 and for a second conviction of the same ordinance within one year by a fine not exceeding $500 and for any conviction of the same ordinance within a period of one year, by a fine not exceeding $1000 for each subsequent violation.

C.    In addition to or in lieu of the remedies provided in subsection A. and B. of this section, the City Attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney’s fees, incurred for the abatement of a public nuisance may be assessed against any property on which the nuisance condition(s) existed in accordance with Government Code Section 38773.5, as the same may be amended from time to time.

D.    Each day any violation of this code shall continue shall constitute a separate offense.

(Ord. 874, § 2, passed 8-25-2008)