Carpinteria Municipal Code Ch. 1.08 Penalties

Footnotes:

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For statutory provisions authorizing cities to impose fines up to one thousand dollars or imprisonment up to six months or both such fine and imprisonment, see Gov. Code § 36901; for provisions authorizing the reduction of ordinance violations to infractions, see Gov. Code § 36900.

It is unlawful for any person, firm or corporation to violate any provision of or to fail to comply with, any requirement of this Carpinteria Municipal Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Carpinteria Municipal Code, shall be guilty of a misdemeanor unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction or the court, with the consent of the defendant, determines that the offense is an infraction.

(Ord. 600 § 1, 2004: Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1200)

Any person, firm or corporation convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than one thousand dollars or by imprisonment in the city or county jail for a period of not exceeding six months or by both such fine and imprisonment.

(Ord. 375 § 1 (part), 1985: prior code § 1200.2)

Any person, firm or corporation convicted of an infraction under the provisions of this code shall be punished by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation;

B. A fine not exceeding two hundred dollars ($200.00) for the second violation of the same section within one year;

C. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same section within one year; and

D. A fine not exceeding two hundred fifty dollars ($250.00) for each violation of subsections 12.24.021(A)(2) and (3).

Any infraction may be prosecuted by the city authorities in the name of the people of the state of California or redressed by civil action.

(Ord. 598 § 3, 2004; Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1201)

It shall constitute a new and separate offense for each and every day during any portion of which a violation of or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person, firm or corporation and shall be punishable accordingly.

(Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1202)

Whenever any person, firm or corporation, whether acting as principal, agent, employee or otherwise, is about to engage in any act or practice which or will constitute the violation of any provision of this municipal code, the city attorney may make application to the Superior Court for an order enjoining such act or practice or for an order directing compliance and upon a showing by the city that said person, firm or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted by the court in accordance with applicable law.

(Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1203)

In the event that any person, firm or corporation shall fail to abate a violation hereunder, after notice of the same opportunity to correct or terminate the activities constituting a violation and after any final order from an appeal if allowed by law, the city attorney may apply to the Superior Court for an order authorizing the city to undertake those actions necessary to abate the violation and require the violator to pay for the cost of such undertaking.

(Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1204)

In an action, administrative proceeding or special proceeding to abate a nuisance, the prevailing party may recover attorneys' fees pursuant to Government Code Section 38773.5. Recovery of attorneys' fees is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the city in an action, administrative proceeding or special proceeding.

(Ord. 609 § 1 (part), 2005)

A. Penalties. Any person, firm or corporation, whether acting as principal, agent, employer or otherwise, who wilfully violates the provisions of this municipal code or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars for each day that the violation continues to exist.

B. Costs and Damages. Any person, whether principal, agent, employee or otherwise, who violates any provision of this municipal code or rules, regulation, order or permits issued hereunder shall be liable to the city for costs incurred and damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.

C. Procedure. In determining the amount of civil penalty to impose, the court shall consider all relevant circumstances, including but not limited to:

1. The extent of the harm caused by the conduct constituting a violation;

2. The nature and persistence of such conduct;

3. The length of time for which the conduct occurred;

4. The assets, liabilities and net worth of the violator, whether corporate or individual;

5. Whether the violation was intentional, or malicious;

6. Whether the violator had a history of a failure to comply with the provisions of this title;

7. Whether any corrective action was taken by the violator, and

8. Whether the violator can prove to the satisfaction of the court that such violations will not reoccur in the future.

D. The city may request, in any civil case or as a condition of probation or sentencing on any criminal conviction of such city code violation, that the defendant provide full restitution to the city for inspection and code enforcement costs.

(Ord. 563 § 3, 2000; Ord. 375 § 1 (part), 1985: Ord. 247 § 1 (part), 1978: prior code § 1205)

A. When the maintenance, condition, construction or use of any real property is such that it violates any section of this code, except for legal nonconforming structures or uses, and such violation continues past the date for attaining compliance as set forth in a written notice which the city shall provide to the owner, informing the owner of the violation, the city may do all or any of the following in addition to all other penalties or remedies available to the city:

1. Record with the county recorder a notice of violation of this code setting forth all violations relating to the real property;

2. Require the owner, as part of the application fee for any needed permit which the property owner failed to obtain before the activity or use was initiated, to pay a code enforcement cost surcharge in an amount equal to the city's costs for its code enforcement efforts;

3. Commence an abatement procedure as authorized under this code.

(Ord. 563 § 4, 2000: Ord. 479 § 1, 1992)

The remedies or penalties provided for in this chapter are cumulative to each other and not exclusive of any other remedies or penalties available under all of the laws of this state.

(Ord. 375 § 1 (part), 1985)

Nothing contained in this chapter is intended to impose criminal or civil liability upon the city or its agents, employees, independent contractors, or other entities or persons duly authorized to act on its behalf, provided that such persons or entities acted in good faith, within the course and scope of their duties as an employee, agent, independent contractor or other duly authorized person or entity, and with a reasonable belief that any such action undertaken was in conformance with all applicable laws.

(Ord. 379 § 1, 1985)