California City Municipal Code Ch. 3 Violations and Penalties

(a) Violations.

(1) No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any code adopted herein, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto.

(2) Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, shall be guilty of a misdemeanor unless:

(i) Such requirement can only be charged as an infraction as provided in this Code;

(ii) The City Manager or prosecuting attorney authorizes the issuance of a citation or notice to appear charging an offense as an infraction;

(iii) The prosecuting attorney files a complaint charging the offense as an infraction;

(iv) After filing of a misdemeanor complaint, the court, solely upon motion of the People, reduces the charge to an infraction; or

(vi) An infraction offense shall be prosecutable as a misdemeanor upon a fourth violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.

(b) Penalties.

(1) Misdemeanor. Any person, firm, corporation, or responsible entity convicted of a misdemeanor under the provisions of this code by a court of competent jurisdiction shall be punishable by a fine not to exceed $1,000, or by imprisonment in the City or County Jail for a period not to exceed one year, or by both such fine and imprisonment.

(2) Infraction. Any person, firm, corporation, or responsible entity convicted of an infraction under the provisions of this code by a court of competent jurisdiction shall be punishable by:

(i) A fine not exceeding $100.00 for a first violation;

(ii) A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

(iii) A fine not exceeding $500.0 for each additional violation of the same ordinance within one (1) year.

(3) Administrative citation. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is also subject to administrative fines that are authorized by Chapter 1.5 of this code.

(4) Civil action. The City Attorney, by and at the request of the City Manager, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provisions of this Code, as provided by law.

(c) Continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

(d) Concurrent methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations.

( Ord. No. 14-726, § 1, 12-2-2014 )

Pursuant to provisions of California Government Code Section 36900 and California Penal Code Section 836.5, certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of nonsafety employees shall be made by a duly adopted separate resolution of the Council.

( Ord. No. 14-726, § 1, 12-2-2014 )

Whenever this Code makes an act or omission unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

( Ord. No. 14-726, § 1, 12-2-2014 )

The amount of fee, service charge, utility charge, license, or tax imposed by this Code is a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with penalties as prescribed by this Code. This section is cumulative, and collection of such an amount by civil action shall not bar the use of any other remedy provided by this Code or by law.

( Ord. No. 14-726, § 1, 12-2-2014 )