Elk Grove Municipal Code Ch. 1.04 Enforcement of Code Violation

It is unlawful for a person to violate a provision, or to fail to comply with a requirement, of this code. The City may enforce any such violation of the provisions of this code by any one (1) or more of the following methods, at the City’s discretion:

A. Criminal penalties pursuant to this chapter.

B. Denial, forfeiture, or revocation of any permit granted by the City.

C. Administrative citation and penalties, to the extent authorized by this code.

D. Any other remedy available to the City, including civil injunction or abatement of public nuisance.

(Ord. 2000-1 § 1, eff. 07-01-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 41-2008 § 3, eff. 10-10-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

Each day during any portion of which a violation is committed, continued, or permitted is a new and separated offense. This section applies whether a provision of this code is prosecuted by criminal, administrative, civil, or other procedures.

(Ord. 2000-1 § 1, eff. 07-01-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 41-2008 § 3, eff. 10-10-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Infraction. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of a misdemeanor, unless the violation is specifically identified in this code as an infraction. An infraction is punishable by:

1. A fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first (1st) violation.

2. A fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second (2nd) violation of the same code provision within a twelve (12) month period.

3. A fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation of the same code provision within a twelve (12) month period.

4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of two (2) or more violations of the same code provision within a twelve (12) month period. For the purpose of this subsection, a bail forfeiture is considered a conviction of the offense charged.

5. An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial nor to a public defense unless arrested and not released.

B. Misdemeanor. A person who violates a provision of this code, or who fails to comply with a requirement of this code, is guilty of a misdemeanor if the violation is specifically identified in this code as a misdemeanor. A misdemeanor is punishable by a fine not exceeding One Thousand and no/100ths ($1,000.00) Dollars, or imprisonment not exceeding six (6) months, or both.

(Ord. 2000-1 § 1, eff. 07-01-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 41-2008 § 3, eff. 10-10-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

A person who is issued or granted a permit (including a land use entitlement or variance) by the City shall comply with each and every provision and condition of the permit. A person who violates or fails to comply with any provision or condition of the permit is in violation of this section, and is subject to punishment in accordance with this chapter. In addition, the City may enforce the permit by any other lawful means, including instituting proceedings for revocation of the permit.

(Ord. 2000-1 § 1, eff. 07-01-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 41-2008 § 3, eff. 10-10-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

Any condition which is in violation of this code is a public nuisance.

(Ord. 2000-1 § 1, eff. 07-01-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 41-2008 § 3, eff. 10-10-2008; Ord. 7-2009 § 3, eff. 5-1-2009)