Chapter 1.12 — GENERAL PENALTY

State Law reference— Provisions authorizing cities to impose fines up to five hundred dollars, or imprisonment up to six months, or both such fine and imprisonment, Gov. Code §36901; authorizing the reduction of city ordinance violations to infractions, Gov. Code §36900.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city of Exeter shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance.

(Ord. 225 §9, 1962; Ord. 381 §1(a), 1978)

Except in cases where a different punishment is prescribed by any ordinance of the city of Exeter, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. 381 §1(b), 1978; Ord. 678 §1, 2015)

Any person convicted of an infraction for violation of an ordinance of the city of Exeter is punishable by a fine not exceeding fifty dollars for a first violation; a fine not exceeding one hundred dollars for a second violation of the same ordinance within one year; a fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year, except in cases where a different punishment is prescribed by ordinance.

(Ord. 381 §1(c), 1978)

A.

In addition to the code enforcement remedies and penalties provided for in this Municipal Code, any condition caused or permitted to exist in violation of any of the provisions of this Code or any code adopted by reference by this Code or any ordinance of the city not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be, by this city, abated as such, summarily or otherwise; and each day that such condition continues shall be regarded as a new and separate offense.

B.

Any such violation or threatened violation as referred to in subsection A above, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city in a civil judicial action.

C.

Recovery of Abatement Expenses:

In addition to any other recovery processes allowed by this Code and other laws and regulations, whenever any person creating, causing, committing or maintaining a public nuisance, as referred to in subsection A above, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the city attorney or by any other city officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person failed, refuses or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

Costs and expenses, as referred to in subsection C.1 of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

The provisions of subsection C.1 of this section shall also apply to any person who received notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a

recurrence of the nuisance or violation.

Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Chapters 8.24 and 8.32 related to property maintenance violation abatement and weed abatement proceedings.

In any action, administrative proceeding or special proceeding for abatement, the prevailing party shall be entitled to reasonable attorneys' fees. Recovery of attorneys' fees by the prevailing party is limited to those actions or proceedings in which the city elects, at initiation of that action or proceeding, to seek recovery of its own attorneys' fees.

(Ord. 678 §2, 2015)

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 the ordinances of the city of Exeter is committed, continued, or permitted by any such person, and he shall be punishable accordingly.

(Ord. 381 §1(d), 1978)