Hemet Municipal Code Div. 4 Judicial Remedies

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Hemet Municipal Code.

(b) Except as elsewhere stated in this Code, any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Code shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(c) Except as elsewhere stated in this Code, the city attorney, in his or her sound discretion, may prosecute a violation of this Code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Code shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(d) Each such person shall be charged with 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, upon conviction, be punished accordingly.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) Any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this Code or to post bail in connection with that citation shall be guilty of a misdemeanor.

(b) Pursuant to and in accordance with the mandatory provisions of California Penal Code § 853.8 or, alternatively, the mandatory provisions of California Penal Code § 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this Code, it is the intent of the city council that a warrant for the arrest of that person shall be issued.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) In addition to any other remedy provided by this Code, any provision of this Code may be enforced by injunction issued by the superior court upon a suit brought by the City of Hemet.

(b) As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of $2,500.00 per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Code.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Hemet Municipal Code, applicable state codes or any judicial action.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

Pursuant to California Penal Code § 372, and California Code of Civil Procedure § 731 the city attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Hemet and the People of the State of California.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

Pursuant to California Government Code § 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code § 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to the California Health and Safety Code § 17980.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)