Chapter 1.08
GENERAL PENALTY
Sections:
1.08.010 Violations – Code enforcement.
1.08.030 Prosecutorial discretion.
1.08.060 Recovery of enforcement costs.
1.08.010 Violations – Code enforcement.
A. It is a violation for any person to violate any provision or to fail to comply with any requirement of this code or any City ordinance. Each and every day, or portion thereof, during which a code violation is committed, continued, or permitted by any person shall be a separate violation.
B. For the purposes of this chapter and Chapter 1.12 CMC, a “responsible person” shall mean any of the following:
1. A person who, by action or inaction (whether acting alone or with one or more other persons), causes, maintains, permits, or allows a code violation.
2. A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits, or allows a code violation.
3. An owner of real property on which a code violation occurs.
4. A lessee or sub-lessee with the current right of possession of real property on which a code violation occurs.
5. An on-site manager who regularly works on real property on which a code violation occurs and who is responsible for the business or other activities on that real property.
6. The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the legal authority to act for a legal entity that is a responsible person under subsections (B)(1) through (5) of this section.
7. If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons.
C. Each responsible person shall be jointly and severally liable for a code violation.
D. The City may enforce any code violation by any one or more of the following methods at the City’s discretion:
1. Criminal penalty under CMC 1.08.020.
2. Civil injunction.
3. By the granting or denial of permits or the forfeiture or revocation of permits.
4. Public nuisance abatement under Chapter 1.12 CMC.
5. Civil penalty.
E. The City shall be entitled to recover its costs of enforcing code violations under CMC 1.08.060.
F. The remedies provided for in this chapter are cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 677 § 2, 2011).
1.08.020 Criminal penalties.
A. Any person who violates any of the provisions of this code or any ordinance of the City shall be guilty of an infraction, unless the violation is specifically made a misdemeanor by this code or State law.
1. An infraction is punishable by:
a. A fine not exceeding $100.00 for a first violation;
b. A fine not exceeding $200.00 for a second violation of the same code section within one year; or
c. A fine not exceeding $500.00 for each additional violation of the same code section within one year.
2. Notwithstanding subsection (A)(1) of this section, a violation of local building and safety codes determined to be an infraction is punishable as follows:
a. A fine not exceeding $100.00 for a first violation;
b. A fine not exceeding $500.00 for a second violation of the same code section within one year; or
c. A fine not exceeding $1,000 for each additional violation of the same code section within one year.
3. A code violation which would otherwise be an infraction is a misdemeanor if a person has been convicted of two or more violations of the same code section within a 12-month period.
B. Misdemeanor. A misdemeanor is punishable by a fine not exceeding $1,000, or imprisonment not exceeding six months, or both.
C. Each person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of this code or any ordinance of the City is committed, continued, or permitted by any such person. (Ord. 677 § 2, 2011).
1.08.030 Prosecutorial discretion.
Whenever the code declares a certain violation to be punishable as a misdemeanor, the City Attorney, or prosecuting attorney, in his/her discretion, has the authority to charge the violation as an infraction. (Ord. 677 § 2, 2011).
1.08.040 Public nuisance.
In addition to the violations provided herein, any condition caused or permitted to exist in violation of this code or any ordinance of the City is deemed a public nuisance and may be abated as such in accordance with applicable law. A public nuisance also includes, but is not limited to, any unlawful encroachment upon or obstruction in or to any public property, public sidewalk, street, right-of-way, park, or building. (Ord. 677 § 2, 2011).
1.08.050 Violation of permit.
A person who is issued or granted a permit of any kind by the City shall comply with each provision and condition of the permit. A person who violates or fails to comply with a provision or condition of the permit, or fails to secure a permit where one is required by this code, is in violation of this section. The City may enforce a violation of this section by any lawful means, including instituting proceedings for revocation of the permit. (Ord. 677 § 2, 2011).
1.08.060 Recovery of enforcement costs.
The City shall be entitled to recover all costs relating to enforcing any code violations that are recoverable under Government Code Section 38771 et seq. or any other State or Federal law. It is intended that persons violating the code, and not the taxpayers, bear the financial costs of the City’s code enforcement efforts. (Ord. 677 § 2, 2011).
1.08.070 Judicial review.
Any person seeking judicial review of any final decision of the City by writ of mandate under California Code of Civil Procedure Section 1094.5 is hereby notified that the timing requirements of California Code of Civil Procedure Section 1094.6 shall apply to the filing of any such writ, unless a shorter time period is imposed by State or Federal law. (Ord. 677 § 2, 2011).