Chapter 5 — CRIMINAL ACTIONS

It is unlawful for any person to violate any provision of Imperial County land use ordinances, or to violate any provision of any permit or conditions of approval granted pursuant to the Imperial County land use ordinances. Any person violating any provision of Imperial County Ordinances, or any permit or conditions of approval granted pursuant to Imperial County land use ordinances, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of Imperial County land use ordinances or violation of any provision of any permit granted pursuant to this title, is committed, continued or permitted.

Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding five hundred dollars ($500.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding seven hundred fifty dollars ($750.00) for a second violation on the same site and perpetrated by the same person. The third and any additional violations on the same site and perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Prior code § 91305.00)

Chapter 6 - COSTS AND DAMAGES

Any person, whether acting as a principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator or contractor, or otherwise, violating any provisions of Imperial County land use ordinances or the rules, regulations, orders, permits or conditions of approval issued thereunder, shall be liable to the county of Imperial for costs of abatement and any damages suffered by the county, its agents and agencies, as a result of such violations.

(Prior code § 91306.00)

Upon a second or subsequent civil or criminal judgment for a violation of county land use ordinances within a two year period the violator shall be liable to the county of Imperial for treble the abatement costs, in accordance with Government Code Section 25845.5.

(Prior code § 91306.01)

If payment of an award of abatement costs, penalties or damages is not made within ten (10) days of an administrative and/or judicial determination of such costs, penalties or damages, the enforcement officer may file a notice of lien, describing the real property affected and the amount of the costs, penalties or damages claimed by the county, with the office of the county recorder of Imperial County. The enforcement officer may transmit the judgement or award of abatement costs, penalties or damages of the county auditor, who shall place the amount thereof on the assessment roll as a special assessment to be paid with county taxes, unless sooner paid. A judgment or award of such costs, penalties or damages may also be enforced in any other manner provided by law.

(Prior code § 91306.02)

Chapter 7 - NONCOMPLIANCE

Whenever a notice of violation has been given, the enforcement officer may record a notice of noncompliance with the office of the county recorder of Imperial County and shall notify the owner of the property of such action. The notice of noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that any costs incurred by the county, including, but not limited to investigative, administrative and abatement costs and attorneys' fees as a result of the violation of Imperial County land use ordinances may become a lien on the property and that the owner has been so notified.

(Prior code § 91307.00)