Chapter 1.16
VIOLATIONS
Sections:
1.16.010 Misdemeanor/infraction penalty.
1.16.020 Disposition of fines and forfeitures.
1.16.030 Treble costs of abatement.
1.16.050 Violations deemed public nuisances.
1.16.070 Recovery of attorney’s fees and staff costs.
1.16.010 Misdemeanor/infraction penalty.
A. Any violation of any provision of this code and adopted codes constitutes a misdemeanor unless specifically designated as an infraction by this code or prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor in the interest of justice. Such misdemeanor shall be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this code shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Subject to the foregoing, the amount of any fine to be assessed may be established by resolution of the City Council (Council).
B. Each and every day during any portion of which any violation of any provisions of this code or adopted codes is committed, continued, maintained or permitted shall constitute a separate and distinct violation and public nuisance, and shall be subject to abatement, and punishable accordingly. [Ord. 1375 § 1, 2017; Ord. 1333 § 2, 2015; Ord. 814 § 1, 1987; Ord. 541 § 1, 1975].
1.16.020 Disposition of fines and forfeitures.
All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any provision of this code or any other ordinance of the City shall be paid into the City treasury. [Ord. 1333 § 2, 2015; Ord. 814 § 1, 1987; Ord. 25 § 2].
1.16.030 Treble costs of abatement.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a person responsible for graffiti, including a minor, is responsible for causing, creating, maintaining or allowing any condition constituting a nuisance, as defined in this code, the City may recover treble the costs of abatement of the nuisance(s). “Costs” shall be as defined in LEMC 8.18.090. “Judgment,” as used herein, shall include any order issued by a court, plea agreement, conviction, settlement or agreement that resolves a cause of action or case. [Ord. 1333 § 2, 2015].
1.16.040 Civil penalty.
In addition to any other penalty and enforcement authority provided in this code, every violation of a provision of this code or adopted codes shall be subject to a civil penalty not to exceed $1,000 subject to the foregoing, the amount of the civil penalty to be assessed may be established by resolution of the Council. A penalty may be imposed for each violation of this code and each day a violation exists. Such penalty may be imposed against any person or entity causing, permitting, or maintaining any violation of this code, adopted codes or State law the City is authorized to enforce. [Ord. 1375 § 1, 2017; Ord. 1333 § 2, 2015].
1.16.050 Violations deemed public nuisances.
In addition to other penalties provided by law, any condition maintained, caused or permitted to exist in violation of any provision of this code or any code adopted by reference by this code or any ordinance of the City not included within this code, or any such threatened violation, shall be deemed a public nuisance that may be abated by the City. [Ord. 1333 § 2, 2015].
1.16.060 Enforcement.
Any violation of this code, codes adopted by the City, or provisions of State law that may be enforced by the City, or any rules, regulations, permits or approvals issued by or applicable to the City may be enforced by any means authorized by law, including, but not limited to, criminal prosecution, civil action for restraining order and injunctive relief, receivership, administrative or abatement proceeding. The remedies provided in this code are intended to be cumulative and not exclusive, and may be pursued individually, consecutively, or in conjunction with each other. [Ord. 1333 § 2, 2015].
1.16.070 Recovery of attorney’s fees and staff costs.
A. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorney’s fees; provided, that the City elected, at the initiation of such individual action or proceeding, to recover its own attorney’s fees. In no judicial action or administrative or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding. A “judicial action” includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An “administrative proceeding” includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorney’s fees for abatement of a nuisance shall be in accordance with this section.
B. In addition to recovery of any other costs as provided by this code, in any action to abate a nuisance, the City shall be entitled to recover from the property on which the nuisance exists and against the property owner and any other violators, jointly and severally, all staff and administrative costs, including, but not limited to, those incurred in investigations, inspections, enforcement and providing any notice required by this code or State law. [Ord. 1333 § 2, 2015].