Earlier editions: 2026-09
Title 1 — GENERAL PROVISIONS›Chapter 1.12 — MUNICIPAL CODE ENFORCEMENT
Hesperia Municipal Code Art. IV Criminal Enforcement Procedures
Hesperia Municipal Code · 2026-10 edition · updated 2026-10-04 · Hesperia
Cite as: Hesperia Municipal Code Article IV · Text as of 2026-10-04
1.12.140 - Criminal enforcement proceedings.¶
If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, then the city may commence a criminal enforcement proceeding against the responsible person in the California court of competent jurisdiction.
(Ord. 2001-6 Exh. A (part), 2001)
1.12.150 - Initiation of proceeding.¶
The city may commence a criminal enforcement proceeding by issuing a criminal citation to the responsible party for one or more code violations. Criminal citations shall only be issued by enforcement officers certified under Section 832 of the California Penal Code or a peace officer.
(Ord. 2001-6 Exh. A (part), 2001)
1.12.160 - Post citation procedures.¶
After the city has initiated a criminal proceeding against a responsible person, the procedures followed for release of persons arrested, notice to appear, bail and penalties for failure to appear shall be consistent with those procedures prescribed by Chapter 5C of Title 3 or Part 2 of California Penal Code commencing with Section 853.5.
(Ord. 2001-6 Exh. A (part), 2001)
1.12.170 - Cost recovery in criminal proceedings.¶
A. The city shall be entitled to reimbursement from each responsible person upon conviction of a code violation for its enforcement costs and any abatement costs in an amount approved by the court that were incurred by the city related to the code violation.
B. Upon entry of the second and each subsequent criminal conviction for violation of the same code section within a one year period, finding that the responsible person was guilty of the code violation, the court may order the responsible person to pay restitution to the city equal to three times the amount of the enforcement and abatement costs incurred by the city related to the code violation.
C. Pursuant to California Government Code Section 38773.5.(b), where the city makes a demand for the recovery of its attorneys' fees at the initiation of a criminal action that was commenced by the city under this chapter, the prevailing party in said action shall be entitled to recovery of that party's attorneys' fees in an amount not to exceed the amount of reasonable attorneys' fees incurred by the city in said action.
(Ord. 2001-6 Exh. A (part), 2001)
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