East Palo Alto Municipal Code Ch. 1.12 General Penalty

A. In general.

1. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, maintained or permitted by such person and shall be punishable accordingly.

2. Any person convicted of a misdemeanor under the provisions of this Code shall be 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 exceeding six months, or by both such fine and imprisonment.

3. Any person convicted of an infraction for which a specific amount is not specified shall be punishable by a fine in accord with Government Code Section 36900, as determined by a court of competent jurisdiction.

4. In addition to the penalties provided by this section, any condition caused, maintained 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, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the city and each day such condition continues shall be a new and separate offense. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action or by injunction issued by the superior court upon a suit brought by the City of East Palo Alto.

5. No person shall violate any provision or fail to comply with any of the requirements of this Code. Whenever in this Code any act or omission is made unlawful it shall include causing, maintaining, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

6. The following officers and their subordinates shall have and are vested with the authority to issue a citation to the superior court to any person who violates the provisions of this Code set forth in this section in the manner provided by Section 836.5 of the Penal Code of the state: Chief of police, chief building official, planning manager, public works director. Nothing in this chapter shall diminish or otherwise modify the authority of persons who are empowered to enforce the East Palo Alto Municipal Code because of their status as peace officers or because of other authorizing status.

7. Person. "Person" includes any individual, firm, association, organization, partnership, business trust, joint venture, corporation, company, or any other organization or group of persons acting in concert, whether as principal, agent, employee, manager, lessee, servant, officer, or otherwise.

B. Penalty provisions.

1. Violation a misdemeanor. Any person violating any of the provisions or failing to comply with any mandatory requirements of this Code is guilty of a misdemeanor, except as otherwise specified by state law or expressly provided by this Code.

2. Reduction to infraction. Notwithstanding any other provision of this Code, whenever violation of any section of this Code is punishable as a misdemeanor, the city attorney may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is an infraction.

3. Violation an infraction. Any person is guilty of an infraction who violates a provision or fails to comply with a mandatory requirement of this Code which is expressly provided or specified by state law to be punishable as an infraction.

(Amended during 1998 codification; Ord. 100, 1988; Ord. 87 § 1, 1987; prior code § 1-2.101)

(Ord. No. 331, § 2, 7-15-2010; Ord. No. 334, § 2, 7-20-2010)

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

(Prior code § 1-2.102)

The provisions of this Code which declare certain crimes to be punishable as therein mentioned create a duty for the court authorized to pass sentence to determine and impose the punishment described.

(Prior code § 1-2.103)

Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

(Prior code § 1-2.104)

Under Section 36903 of the Government Code, imprisonment in the county jail is prescribed as the place for imprisonment for each violation of a city ordinance.

(Amended during 1998 codification; prior code § 1-2.105)

The amount of any fee, service charge, utility charge, license or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by laws for the purpose of enforcing the provisions thereof.

(Prior code § 1-2.106)