Chapter 1.08
GENERAL PENALTY

Sections:

1.08.010    Violation – Penalty.

1.08.010 Violation – Penalty.

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code, the zoning development code, or of any ordinance adopted by the City. Notwithstanding any provisions to the contrary, a violation of any of the provisions or requirements of this code, the zoning development code, or any ordinance adopted by the City shall constitute a misdemeanor; provided, however, any such violation constituting a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor under the provisions of this code, the zoning development code, or of any ordinance adopted by the City, unless provision is otherwise made, shall be punishable by a fine of not more than $1,000, 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, the zoning development code, or any ordinance adopted by the City, unless provision is otherwise made, shall be punishable by fine only as follows:

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.

Each person who violates any provision or fails to comply with any of the requirements of this code, the zoning development code, or any ordinance adopted by the City, shall be charged by a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person and shall, upon conviction, be punished accordingly.

C. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code, the zoning development code, or any ordinance adopted by the City, shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense.

D. Pursuant to Government Code Sections 36900 and 36901, the City Council, in the alternative to subsections A, B, and C of this section, may redress a violation of any State or local ordinance by civil action. Civil action by the City Council may include the following, in addition to any other civil remedy allowed under the laws of the State and the United States: forfeiture of any or all permits, licenses, approvals and privileges or benefits of any nature granted by the City.

E. “Person,” as referred to in this section, includes individuals, corporations, partnerships, and organizations of any kind.

F. Citation for Infraction. As an alternative to misdemeanor prosecution, the Director of Development Services or his/her designee, the Director of Public Services or his/her designee, or the Director of Safety Services or his/her designee may issue a citation to the owner(s), occupant(s) or other person(s) deemed responsible for violating any provisions of the Poway Municipal Code. For purposes of this subsection, any such violation shall be classified as an “infraction,” pursuant to California Government Code Section 36900, which section and the penalties prescribed are adopted and incorporated in this section.

G. Administrative Citation. 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 citation under the provisions of Chapter 1.10 PMC. (Ord. 557 § 1, 2002; Ord. 518, 1999; Ord. 211 § 1, 1987; Ord. 203 §§ 1, 2, 1986; Ord. 145 § 2, 1984)