City of Industry Municipal Code Art. IX Enforcement

Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement officer. Enforcement actions under this chapter are issuance of an administrative citations and assessment of a fine. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

(Ord. 818 § 3, 2022)

A. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred to two hundred dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty or five hundred dollars per violation.

B. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

1. The nature, circumstances, and severity of the violation(s).

2. The violator's ability to pay.

3. The willfulness of the violator's misconduct.

4. Whether the violator took measures to avoid or mitigate violations of this chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

(Ord. 818 § 3, 2022)