Hillsborough Municipal Code Ch. 1.08 General Penalty

A. It is unlawful for any person to 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, is guilty of a misdemeanor, except for those offenses specifically designated as infractions. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not to exceed six months in the city jail or in the San Mateo County jail, or by both such fine and imprisonment, or the maximum penalty allowed by law. Every violation determined to be an infraction shall be punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year; or the maximum penalty allowed by law for any or all such violations.

B. Unless provision is otherwise herein made, 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 continued or permitted by such person, and shall be punished as herein provided.

C. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this code, shall be deemed a public nuisance, and may be by this town summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense.

D. Notwithstanding the provisions of subsections A through C of this section, the city attorney may, in the exercise of his inherent prosecutorial discretion and in the interest of justice when mitigating circumstances are present, charge and prosecute any misdemeanor violation as an infraction.

(Ord. 654 § 1, 2004; Ord. 476, 1990: Ord. 377 § 4, 1982: prior code § 10.2.16)

To the fullest extent permitted by law, an applicant for any permit to be issued by the town, shall indemnify, defend, release and hold harmless the town, its councilmembers, officers, agents and employees from and against any claim, suit, liability, action, loss, damage, penalty cost or expense (including attorneys' fees) by any person, including the applicant, arising out of or in connection with (1) the processing, conditioning or approval of the subject application; (2) any failure of the applicant to comply with all applicable laws and regulations; or (3) the design, installation or operation of any project improvements authorized by the permit, provided town promptly notifies applicant of any such claim, suit, or action, and the town cooperates in the defense of same.

(Ord. No. 715, § 1, 6-9-2014)