Atascadero Municipal Code Ch. 1 Violations, Penalties and Enforcement

The City Council of the City of Atascadero intends to secure compliance with the provisions of this Code, including its adopted codes and ordinances. Each method set forth in this chapter 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, or any portion thereof, constitutes a separate and distinct offense. Notwithstanding any other provision of the Code, each violation of the provisions of this Code may be enforced alternatively or cumulatively.

(Ord. 460 § 4, 2004)

In addition to the penalties provided in this chapter, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or its adopted Codes, shall be deemed a public nuisance and may be abated by the City, and each and every day or portion thereof that such condition continues shall constitute a separate and distinct offense.

(Ord. 460 § 4, 2004)

No person shall violate any provision or fail to comply with any of the requirements of this Code, including its adopted codes. Each such person shall be guilty of a separate and distinct offense for each and every day, or any portion thereof, of which any violation of any provision of this Code is committed, continued, or permitted by such person, and shall be punishable accordingly. Every act prohibited, declared unlawful, or declared substandard or unsafe and every failure to perform an act made mandatory, shall constitute either a misdemeanor or an infraction, at the discretion of the City Attorney.

(Ord. 460 § 4, 2004)

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. Police officers or nonsafety employees designated by Section 12-2.02 of this Code may issue written citations for infractions. Any person convicted of an infraction under the provisions of this Code shall be punished either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the San Luis Obispo County Courts, or where no fine is specified therein by:

(a) A fine not exceeding $100 for a first violation;

(b) A fine not exceeding $200 for a second violation of the same provision within one year;

(c) A fine not exceeding $500 for each additional violation of the same provision within one year.

(Ord. 460 § 4, 2004)

Any person violating 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 police officers or by nonsafety employees designated by Section 12-2.02 of this Code. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 460 § 4, 2004)

The City Attorney, by and at the request of the City Council or City staff, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action commenced by the City to abate a public nuisance, to enjoin violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action all costs incurred therein, including reasonable attorneys' fees and costs of suit, subject to Section 12-1.08 of this Code.

(Ord. 460 § 4, 2004; Ord. 530 § 2, 2008)

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 2 of Title 12 of this Code.

(Ord. 460 § 4, 2004)

In any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding will an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(Ord. 530 § 2, 2008)