Chapter 1.12
GENERAL PENALTY
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Sections:
1.12.010 Violation – Penalty.
1.12.010 Violation – Penalty.
The city council of the city of Sonoma intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violation exists constitutes a separate offense. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for an infraction. Written citations for infractions may be issued by code enforcement officers as defined in SMC 1.30.120. Each and every infraction violation under the provisions of this code shall be punishable by:
1. A fine not exceeding $250.00 for a first violation.
2. A fine not exceeding $500.00 for a second violation of the same ordinance within one year.
B. Misdemeanor. Any person in violation of any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by code enforcement officers as defined in SMC 1.30.120. Each and every misdemeanor violation is punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
C. Civil Action. In addition to or in lieu of the remedies provided in subsections A and B of this section, the city prosecutor or 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 violations and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorneys’ fees, for the abatement of a violation of this code which constitutes a public nuisance are assessed against any property declared to be a public nuisance and costs, including attorneys’ fees, shall be collected in the manner provided for in Government Code Section 38773.5.
D. Administrative Notice and Order. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative notice and order under the provisions of Chapter 1.30 SMC. The penalty pursuant to Government Code Section 53069.4 for code violations imposed by this chapter shall be set forth in a schedule of penalties established by resolution of the Sonoma city council.
1. The penalty shall be paid to the city of Sonoma within 30 days from the date of the administration enforcement order.
2. Payment of a penalty under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative notice and order.
3. No building, zoning, fire, or other permit shall be issued to the responsible party until the penalty and appropriate permit fees related to the violation have been paid.
E. Each day any violation of this code shall continue shall constitute a separate offense. (Ord. 02-2005 § 1, 2005; Ord. 98-7 § 1, 1998; Ord. 465 § 1, 1973).