Chapter 1.24
GENERAL PENALTY
Sections:
1.24.020 Establishment of offenses as infractions.
1.24.040 Correction of violation and payment of other fees or penalties.
1.24.010 Violation.
A. No person shall: violate any provision or fail to comply with any requirement of this municipal code; violate any provision or fail to comply with any requirement of any other code or portion of a code adopted by this municipal code; fail to comply with any orders and conditions imposed upon the issuance of a permit, license, certificate, land use approval (including, but not limited to, a tentative or final subdivision map, conditional use permit, or variance), or any other approval required by the city; or fail to pay an administrative citation or to comply with an administrative order.
B. Any person who violates subsection A of this section shall be guilty of a misdemeanor, unless such an action or failure to act is designated as an infraction or is subsequently prosecuted as an infraction, at the discretion of the city attorney or the district attorney, in which case such person is guilty of an infraction.
C. Regardless of being guilty of a misdemeanor or an infraction, any person who violates subsection A of this section may be issued an administrative citation pursuant to Chapter 2.56 HMC for another offense.
D. Each person shall be guilty of a separate offense for each and every day during which any violation of subsection A of this section is committed, continued or permitted by any such person, and he or she shall be punishable accordingly.
E. All remedies provided under this chapter shall be cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of the municipal code. (Ord. 370 § 2, 2012; Ord. 179 § 1, 1994)
1.24.020 Establishment of offenses as infractions.
Any violation that is punishable by either a fine, imprisonment, or both, shall become an infraction at the discretion of the court under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding $50.00 in the case of a first offense; or
B. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation or upon an application of the defendant or probation officer thereafter, the court declares the offense to be an infraction. (Ord. 370 § 2, 2012; Ord. 179 § 2, 1994)
1.24.030 Penalties.
A. Any person convicted of a misdemeanor under the provisions of an ordinance of the city shall be punishable in accordance with the fines and imprisonment listed in California Penal Code Section 19, as may from time to time be amended, or any successor statute.
B. Any person convicted of an infraction for violation of an ordinance of the city shall be punishable in accordance with the fines listed in California Government Code Section 36900, as may from time to time be amended, or any successor statute. (Ord. 370 § 2, 2012; Ord. 179 § 3, 1994)
1.24.040 Correction of violation and payment of other fees or penalties.
The conviction, punishment or payment of any penalty shall not relieve a person, firm, corporation, or any other entity from the responsibility of correcting the condition resulting from the violation or paying any other fees or penalties which are due or unpaid. (Ord. 370 § 2, 2012)
1.24.050 Recovery of costs.
In addition to the remedies in this chapter, and where provided by applicable law, a court may order that a party reimburse the city for all of its costs, including but not limited to investigation, discovery, analysis, inspection, and prosecution costs, related to the enforcement action against the party. (Ord. 370 § 2, 2012; Ord. 284 § 2, 2003. Formerly 1.24.040)