El Centro Municipal Code Art. X Penalties

No person shall violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an infraction, unless a Code section specifically provides for a violation to be a misdemeanor. The city attorney, however, shall have the discretion to file a criminal complaint, designating a violation an infraction although the Code specifically provides for the violation to be a misdemeanor.

An infraction shall not be punishable by imprisonment, but any person convicted of an infraction under the provisions of this Code shall be punishable by a fine of not more than five hundred dollars ($500.00). Any violation which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of one (1) or more violations of this Code within the six-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

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 (6) months, or by both such fine and imprisonment.

Each such 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 is committed, continued, or permitted by such person and shall be punishable accordingly.

In addition to the penalties provided by this section, 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 summarily abated by this city, and each day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 10-09, § 1, 9-7-10)

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

(Ord. No. 10-09, § 1, 9-7-10)

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

(Ord. No. 10-09, § 1, 9-7-10)

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.

(Ord. No. 10-09, § 1, 9-7-10)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the county jail.

(Ord. No. 10-09, § 1, 9-7-10)

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 remedies prescribed by this section shall be accumulative, 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 law for the purpose of enforcing the provisions thereof.

(Ord. No. 10-09, § 1, 9-7-10)

The provisions of section 836.5 of the Penal Code of the State of California authorize certain officers and employees of the city to issue written notice to appear and release citations for violations of this Code which such officers or employees have the duty to enforce. The following officers and employees are hereby designated and authorized to issue citations:

(1) Public works department.

a. Director and his/her designees.

(2) Fire department.

a. Fire chief and his/her designees.

(3) Police department.

a. Chief of police and his/her designees.

(Ord. No. 10-09, § 1, 9-7-10)

(a) Any person who violates or fails to comply with, any provision of this Code shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation or failure to comply. It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of this Code is committed, continued or permitted.

(b) Any person who constructs or converts a structure without a building or development permit required by any provision of this Code shall be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure or, in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion.

(c) The city attorney is authorized to prepare and file a civil action on behalf of the city in any court of competent jurisdiction to recover the civil penalties provided in this section, and any penalties recovered by the city attorney in excess of the total city costs of enforcement shall be deposited in the city's general fund.

(d) The remedies and civil penalties provided by this section shall be in addition to any other remedies and penalties provided by law.

(Ord. No. 10-09, § 1, 9-7-10)

Whenever the assistant community development director has knowledge of a violation of any provision of the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform Plumbing Code, or Uniform Housing Code as set forth in chapter 7 of this Code, the assistant community development director may prepare and serve a notice of intent to record a notice of building code violation to the owner of the real property upon which the violation is located. Notice shall be provided by either personal service on the owner or posting on the real property and by mail to the address of the owner as shown on the latest assessment roll or any other address of the owner known to the assistant community development director. The notice shall state that within twenty (20) days of the date of the notice, the owner may request a meeting with the assistant community development director and city attorney to present evidence that a violation does not exist. In the event that a meeting is not requested and the violation has not been corrected, or in the event that after consideration of evidence the assistant community development director and city attorney determine that a building code violation in fact exists, the city attorney may record a notice of building code violation in the office of the county recorder. At the request of any affected real property owner, the city attorney shall issue a notice of expungement of building code violation upon correction of any violation noticed hereunder. The notice of expungement may be recorded by the affected real property owner at his or her expense.

(Ord. No. 10-09, § 1, 9-7-10; Ord. No. 13-12, § 11, 4-2-13)

The city may assess an administrative fine and/or cost for administration for failure to abide by a properly processed notice to abate a hazard or Code violation. In lieu of filing a criminal and/or civil action, the city attorney is authorized to settle administratively any violation of this Code and to assess an administrative fine of not more than one thousand dollars ($1,000.00) for a misdemeanor and not more than five hundred dollars ($500.00) for an infraction, for each separate violation, and/or assess the cost for administration, including, but not limited to, costs incurred for materials, personnel, equipment, inspection, investigation, administrative hearing and abatement, against any person who fails to abide by a notice to abate a hazard or Code violation.

(Ord. No. 10-09, § 1, 9-7-10)