Laguna Woods Municipal Code Ch. 1.04 Code Enforcement in General; Penalty

(a) In this section the term "violation of this Code" means any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b) In this section the term "violation of this Code" includes aiding, abetting or concealing a violation of this Code and any such aiding, abetting or concealing is unlawful.

(c) In this section the term "violation of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is not an infraction shall be punished by a fine of not more than $1,000.00, imprisonment in the County jail for not more than six months or both such fine and imprisonment.

(e) A person convicted of a violation of this Code that is an infraction shall be punished by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same provision within one year;

(3) A fine not exceeding $500.00 for each additional violation of the same provision within one year.

(f) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(i) In addition to those violations of this Code that are deemed infractions, a violation of the following enumerated sections of this Code may be deemed to be an infraction and may be punished as such, notwithstanding the fact that, at the discretion of the District Attorney, the violation of any section contained in this subsection may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.

(1) Sections 4.04.020—4.04.050, Sanitary facilities.

(2) Sections 10.02.010—10.02.350, Building code.

(3) Sections 10.10.010—10.10.070, Electrical code.

(4) Sections 10.16.010—10.16.150, Plumbing code.

(5) Title 13, Zoning code.

(6) Sections 10.06.010—10.06.380, Grading code.

(7) Sections 10.14.010—10.14.060, Mechanical code.

(8) Section 7.080120, Construction noise.

(9) Section 9.18.160, Parks, Beaches, and Recreational Areas.

(Ord. No. 99-02, § 1(1.01.200), (1.01.210), (1.01.220), (1.01.230), (1.01.260), 3-24-1999)

State Law reference— Penalties for ordinance violations, Government Code 36900 et seq.

(a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as defined under State law or ordinances or regulation, 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 fails, 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 said notice.

(b) Costs and expenses, as referred to in Subsection (a) 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, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(c) The provisions of Subsection (a) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) The liability of any person for the payment of the costs and expenses provided for in Subsection (a) of this section may be waived in whole or in part by the City Attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal.

(e) 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 Government Code §§ 39574—39588 relating to weed abatement assessments.

(Ord. No. 99-02, § 1(1.01.250), 3-24-1999)