Chapter 4.04
JUDICIAL REMEDIES
Sections:
4.04.015 Failure to appear or post bail.
4.04.020 Civil violations – Injunctions and civil penalties.
4.04.030 Code enforcement performance bond.
4.04.050 Treble damages for subsequent abatement judgments.
4.04.010 JUDICIAL REMEDIES.
(1) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Santa Cruz Municipal Code.
(2) Except as elsewhere stated in this code, a violation of any of the provisions or failure to comply with any of the mandatory requirements of this code shall constitute an infraction.
(3) Notwithstanding any other provision of this code, any violation of this code which constitutes a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction.
(4) Where, on three occasions during any six-month period, a person fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation, the city attorney may thereafter in the exercise of his or her discretion, for a period of one year following the last such failure to appear or post bail, prosecute any subsequent violations of this code by that person as misdemeanors.
(5) Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.
(6) Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: upon a first conviction, by a fine not exceeding one hundred dollars; for a second conviction within a period of one year, by a fine not exceeding two hundred dollars; for each additional violation of the same ordinance within a period of one year, by a fine not exceeding five hundred dollars.
(7) Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(Ord. 2010-14 § 1, 2010: Ord. 2000-17 § 2 (part), 2000).
4.04.015 FAILURE TO APPEAR OR POST BAIL.
(a) Any person who, on three occasions during any given six-month period, fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation shall be guilty of a misdemeanor.
(b) Pursuant to and in accordance with the mandatory provisions of California Penal Code Section 853.8 or, alternatively, the mandatory provisions of California Penal Code Section 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this code three times within a given six-month period, upon the third such failure to appear or post bail it is the intent of the city council that a warrant for the arrest of that person shall be issued.
(Ord. 2009-05 § 1, 2009).
4.04.020 CIVIL VIOLATIONS – INJUNCTIONS AND CIVIL PENALTIES.
(1) In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the city of Santa Cruz.
(2) As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.
(Ord. 2000-17 § 2 (part), 2000).
4.04.030 CODE ENFORCEMENT PERFORMANCE BOND.
As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Santa Cruz Municipal Code, applicable state codes or any judicial action.
(Ord. 2000-17 § 2 (part), 2000).
4.04.040 JUDICIAL ABATEMENT.
Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the city has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions.
(Ord. 2000-17 § 2 (part), 2000).
4.04.050 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.
(Ord. 2000-17 § 2 (part), 2000).