Chino Hills Municipal Code Ch. 1.36 General Penalty

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code or any provision of any ordinance of the city not included within this code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this code or any code adopted by reference by this code or any other city ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or any provision of any code adopted by reference by this code, or of any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

(Ord. 91-05 § 1.01.200)

A. Any conviction of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Any conviction of an infraction under the provisions of this code shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).

C. Any provision or requirement of this code or of any code adopted by reference by this code or of any ordinance of the city not included within this code, the violation of which or the failure to comply with which is designated as an infraction, 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.

D. Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

1. Where a judgment imposes a punishment of a fine not exceeding one hundred dollars ($100.00) in the case of a first offense; or

2. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or

3. When the City Attorney or any Deputy District Attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.

(Ord. 91-05 § 1.01.220)

Imprisonment for violation of any city ordinance shall be in the county jail.

(Ord. 91-05 § 1.01.230)

A. In addition to other penalties provided by law, any condition 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 and may be summarily abated as such by the city.

B. Any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a public nuisance which may be abated by the City Attorney in a civil judicial action.

(Ord. 91-05 § 1.01.240)

A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.36.040 above, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

B. Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. Notwithstanding the above, attorneys' fees shall be awarded to the prevailing party in any action taken by the City to abate a nuisance if, and only if, the City seeks the award of attorneys' fees at the initiation of such action or proceeding. The non-City prevailing party's attorneys' fees shall be limited to the reasonable attorneys' fees incurred by the City in the action or proceeding to abate the nuisance, regardless of the actual cost of any party's attorneys' fees.

C. The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

D. The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal.

E. Money due to the City pursuant to this section may be recovered in an appropriate, civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the California Government Code relating to weed abatement assessments.

(Ord. 91-05 § 1.01.250)

(Ord. No. 322, § 2, 1-9-2018)

In addition to other penalties provided by law or by this Code, any condition caused or permitted to exist in violation of any provision of this Code or any ordinance of the City or of any condition of any permit (as that term is defined in Section 16.02.280) issued by the City may be subject to administrative citation in accordance with Chapter 1.18 of this Code.

(Ord. 209 § 3 (part), 2008)