City of Industry Municipal Code Ch. 1.08 Code Violations, Penalties and Enforcement

The provisions of this chapter represent the general means and methods by which the city may secure compliance with the provisions of this code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance and multiple enforcement remedies may be used to achieve compliance with respect to persons who commit continuing violations.

(Ord. 710 § 1, 2005)

A. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this code.

B. Whenever in this code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission.

C. Any person violating any of the provisions of this code is guilty of a misdemeanor, unless the offense is specifically classified in this code or by state law as an infraction, or the city attorney, or the city law enforcement or code enforcement officer designated in Section 1.08.040 of this chapter reduces the charge to an infraction.

D. Each day that any condition caused or permitted to exist in violation of this code continues will constitute a new and separate violation.

E. The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(Ord. 710 § 1, 2005; Ord. 764 § 2, 2011)

A. Each person or the successor of each person who holds a land use permit, a zoning exception or a variance permit, or any other permit or license issued by the city shall comply with each provision of the permit or license and with each term that is imposed as a condition to the exercise of the permit, license, or exception.

B. Each person or the successor of each person who receives a rezoning or subdivision approval shall comply with each provision of the approval and with each term that is imposed as a condition to the approval of the rezoning or subdivision.

C. Each person who violates either subsection A or subsection B of this section is guilty of a misdemeanor unless the charge is reduced to an infraction under Section 1.08.020(C) and may be punished accordingly as provided in this chapter. The penalty provided in this section is in addition to other provisions in this code that provide for the revocation of the permit, license or land use approval or authorize the imposition of a civil fine or penalty.

(Ord. 710 § 1, 2005; Ord. 764 § 3, 2011)

Pursuant to California Penal Code Section 836.5, city law enforcement and code enforcement officers (including sheriff's department personnel), and such other officers and employees of the city as may hereafter be specifically designated by ordinance or resolution of the city council are authorized to issue criminal citations following the procedures set forth in California Penal Code Sections 853.5 through 853.6a, or such other procedures as the state of California may subsequently enact.

(Ord. 710 § 1, 2005; Ord. 764 § 4, 2011)

Pursuant to California Government Code Section 36900, the city attorney may prosecute any violation of this code in the name of the people of the State of California. In any such criminal prosecution, the city attorney is authorized to reduce the charge for any misdemeanor violation to an infraction.

(Ord. 710 § 1, 2005)

Any person convicted of a misdemeanor for the violation of this code may be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by the imposition of both such fine and imprisonment.

(Ord. 710 § 1, 2005)

A. Except as provided in subsection B below, any person convicted of an infraction for the violation of this code may be punished by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same code section within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same code section within one year.

B. Any person convicted of an infraction for a violation of any city building and safety code may be punished by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding five hundred dollars for a second violation of the same code section within one year;

3. A fine not exceeding one thousand dollars for each additional violation of the same code section within one year.

(Ord. 710 § 1, 2005)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of this code is deemed a public nuisance and may be abated as such by the city in any manner provided by law or in this code for the abatement of a nuisance.

(Ord. 710 § 1, 2005)

Upon a finding by a city official vested with the authority to enforce the provisions of this code that a violation exists, such official may issue an administrative citation under Chapter 1.20.

(Ord. 710 § 1, 2005)

The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law. The prevailing party in any such civil action will be entitled to recovery of attorneys' fees and costs incurred in such action.

(Ord. 710 § 1, 2005)