Clayton Municipal Code Ch. 1.20 General Penalty

A. Any person committing, continuing, or permitting a violation of any provision of or failing to comply with any of the mandatory requirements of the ordinances of the City of Clayton is guilty of an infraction, unless the violation is declared a misdemeanor by ordinance or statute. Unless otherwise provided by State law, however, any violation of any ordinance of the City of Clayton may, at the discretion of the City Manager or direction of the City Council, be prosecuted either as an infraction or as a misdemeanor.

B. In the event that any provision of State law requires that a person be given notice of a violation of said ordinance(s), a person is not guilty unless the violation exists after the expiration of the applicable notice period.

C. Except in cases where a different penalty is prescribed by ordinance, any person convicted of an infraction for violation of an ordinance of the City of Clayton is punishable pursuant to California Government Code § 36900 by the following:

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

2. A fine not exceeding two hundred dollars ($200.00) per day for a second violation of the same ordinance within one year. However, a second violation of the same provision of a local building and safety code within one year shall be subject to a fine not exceeding five hundred dollars ($500.00) per day.

3. A fine not exceeding five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one year. However, a third violation of the same provision of a local building and safety code within one year shall be subject to a fine not exceeding one thousand dollars ($1,000.00) per day.

D. An offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three (3) or more violations of the same ordinance within the twelve (12) month period preceding the commission of the offense. For this purpose, payment of fine (bail forfeiture) shall be considered to be a conviction of the offense charged.

E. Any person convicted of a misdemeanor for violation of an ordinance of the City, is 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 to exceed six (6) months, or by both such fine and imprisonment.

F. A person may be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued, or permitted by any such person.

G. In the event the City brings a civil or criminal action to enforce the provisions of this Code or to abate a public nuisance under the California Civil or Penal Code provisions, the City shall, if it is the prevailing party, be entitled to an award of reasonable attorney's fees and costs.

H. If any fine or penalty imposed for the violation of any provision of this Code remains unpaid in whole or in part after thirty (30) days following its imposition, interest shall accrue on the unpaid amount calculated at the highest permissible rate under the law. This interest shall be in addition to any late payment charges set forth in the Clayton Master Fee Schedule.

(Ord. 319, 1995; Ord. 413, 2008; Ord. 451, 2013)

The city attorney, by and at the request of the city council or city manager, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, including its adopted codes, or any ordinance as provided by law. The city attorney, by and at the request of the city council or city manager, may institute an action in any court of competent jurisdiction to collect a civil debt owing to the city. Attorneys' fees may be recoverable in such action pursuant to Section 1.20.030.

(Ord. 451, 2013)

A. Notwithstanding anything in this Code to the contrary, the city may only recover its attorneys' fees in any administrative proceeding or special proceeding commenced by the city to abate a public nuisance, to enjoin violation of any provision of its ordinances and this Code, including its adopted codes, or to collect a civil debt owing to the city, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In these cases, the prevailing party shall be entitled to recover all costs incurred therein. These costs shall include reasonable attorneys' fees and costs of suit, expressly including, the payment of any third party hearing officer's fees and costs. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

B. The city shall be considered a prevailing party entitled to attorneys' fees under subsection A when it can demonstrate that:

1. Its proceeding was the catalyst motivating the defendant to provide the primary relief sought;

2. The proceeding was meritorious and achieved its result by "threat of victory;" and

3. The city reasonably attempted to settle the matter before initiating the proceeding.

(Ord. 451, 2013)