Del Mar Municipal Code Ch. 1.08 Enforcement

Any person who violates a provision of this Code, where such violation constitutes a crime, shall be guilty of an infraction, unless otherwise expressed, punishable as follows:

A. A fine not exceeding $100.00 for a first violation.

B. A fine not exceeding $200.00 for a second violation of the same section of the Municipal Code within one year.

C. A fine not exceeding $500.00 for each additional violation of the same section of the Municipal Code within one year.

(Ord. No. 415; Ord. No. 493)

Any person convicted of violating a provision of this Code, where such violation is expressly made a misdemeanor, shall be punished by a fine not exceeding $1,000.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Government Code Sec. 36901)

(Ord. No. 569)

Each separate day, or any portion thereof, during which a violation of this Code occurs or continues, shall constitute a separate offense.

Whenever an act or omission is made unlawful by this Code, it shall also be unlawful for any person to allow, permit, aid, abet, suffer or conceal such act or omission.

A. Every act or omission in violation of the provisions of this Code shall constitute a public nuisance, redressable by civil action.

B. Any person who creates, causes, commits or maintains a public nuisance shall bear the expense incurred by the City in abating such nuisance. The expense of abating the nuisance shall be a lien upon the property on which it is maintained and shall be a personal obligation against the property owner thereof.

(Ord. No. 569)

A. To file a complaint alleging a violation of one or more of the provisions of this Code, the complaining citizen shall submit, in writing, a statement signed under penalty of perjury which sets out the location of the alleged violation, the person involved and each and every fact upon which the complaint is based.

B. Upon receipt of a properly prepared citizen's complaint, the City of Del Mar may direct an investigation into the alleged violation and take further action as appropriate.

A. A Code Enforcement Officer issued a badge number by the City is authorized to issue a citation for an infraction of the Municipal Code occurring in the Officer's presence.

B. Upon satisfactory completion of a course of instruction required by the City, a Code Enforcement Officer may be issued a badge number at the discretion of the City Manager.

C. The course of instruction shall provide for refresher training and periodic recertification.

D. If an Officer with an issued badge number fails to satisfactorily complete refresher training or recertification, the City Manager shall immediately revoke the badge number. Thereafter, a badge number shall not be reissued to the Officer until the Officer has satisfactorily completed a course of instruction required by the City.

(Ord. No. 542)

Civil penalties for violations of the Del Mar Municipal Code are hereby established, to be applied through the Administrative Citation process set forth in the Del Mar Municipal Code Chapter 1.10. As an alternative to the Administrative Citation process, in any civil action filed by the City to enforce the provisions of this Code, the City may request the Court to impose civil penalties in the maximum amount may be imposed by that Chapter, or any other provision of law.

(Ord. No. 762)