Colton Municipal Code Ch. 8.02 General Enforcement and Penalties

Every Person who causes, aids, abets or conceals a Violation of this Code is guilty of violating this Code. In addition to any other penalties provided in this Code, or in any code adopted by reference by this Code, any condition caused or Permitted to exist in Violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, Shall be deemed a Public Nuisance and May be abated by the City.

(Ord. 0-07-00 § 3 (part), 2000)

Unless a specific penalty is prescribed for Violation of a specific provision of this Code, every Act prohibited or declared unlawful and every failure to perform an Act made mandatory by this Code is punishable as a misdemeanor or an infraction.

(Ord. 0-07-00 § 3 (part), 2000)

The City Attorney Shall have the authority to prosecute any Violation of this Code Designated as a misdemeanor as an infraction in the interests of justice. Additionally, the Court May determine that the offense is an infraction in which event the case Shall proceed as if the defendant had been arraigned on an infraction complaint.

(Ord. 0-07-00 § 3 (part), 2000)

Violations of this Code prosecuted by the City Attorney as misdemeanor offenses Shall be punishable by imprisonment in the County Jail not exceeding six Months, or by a fine not exceeding one thousand dollars, or by both.

(Ord. 0-07-00 § 3 (part), 2000)

Violations prosecuted by the City Attorney as infractions Shall be punishable to the extent Permitted by Law, as established by Resolution of the City Council. An infraction Shall not be punishable by imprisonment.

(Ord. 0-07-00 § 3 (part), 2000)

A Person charged with or prosecuted for an offense as an infraction Shall not be entitled to a trial by jury and Shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his Written promise to appear, his own recognizance, or a deposit of bail.

(Ord. 0-07-00 § 3 (part), 2000)

Each Person, firm or corporation Shall be deemed guilty of a separate offense, whether misdemeanor or infraction, for each Day or portion thereof during which any Violation of any provision of this Code is committed, continued or Permitted by such Person, firm or corporation and Shall be punishable as provided in Sections 8.02.040 or 8.02.050 as applicable.

(Ord. 0-07-00 § 3 (part), 2000)

Upon entry of a second or subsequent civil or criminal judgment within a two-Year period finding that an Owner, lessee, Occupant or Person having charge or control of Property is responsible for a condition that May be abated and the costs thereof made a special assessment against the Property, except for conditions abated pursuant to Section 17980 of the California Health and Safety code, such Person Shall be ordered to pay treble the costs of the abatement, including actual and administrative costs and Attorney's Fees for the prevailing Party. In addition to all other penalties provided in this chapter, the Violation of any City Ordinance or code Shall be subject to the imposition of administrative fines and/or penalties in accordance with Chapter 8.12 of this Code.

(Ord. 0-07-00 § 3 (part), 2000)