Maywood Municipal Code Ch. 2 Penalty Provisions

(a) No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code, or a condition of any approval or permit issued pursuant to this Code, shall be guilty of a misdemeanor, unless: (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to pursuant to Title 6, Chapter 4, Section 6-4.30 of this Code.

(b) Any violation of any provision of this Code may be prosecuted as a misdemeanor, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor.

(c) Misdemeanor penalty. Every person convicted of a misdemeanor violation of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Each 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 committed, continued or permitted by such person and shall be punishable accordingly.

(d) Infraction penalty. Every person convicted of an infraction shall be punishable by (1) a fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first violation; (2) a fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation of the same Code provision within one (1) year; (3) a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation of the same Code provision within one (1) year. As used herein, "year" means any consecutive twelve (12) month period. Each 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 committed, continued or permitted by such person and shall be punishable accordingly.

(e) Infraction penalty—Building and Safety Codes. Every person convicted of an infraction for a violation of the City's building and safety codes shall be punishable by (1) a fine not exceeding One Hundred Thirty and no/100ths ($130.00) Dollars for a first violation; (2) a fine not exceeding Seven Hundred and no/100ths ($700.00) Dollars for a second violation of the same Code provision within one year; (3) a fine not exceeding One Thousand Three Hundred and no/100ths ($1,300.00) Dollars for each additional violation of the same Code provision within one (1) year; (4) a fine not exceeding Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. As used herein, "year" means any consecutive twelve (12) month period. Each 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 committed, continued or permitted by such person and shall be punishable accordingly. As used herein, "Building and Safety Codes" mean and include Title 8 (Building Regulations), Chapters 1, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 16, 18, 19, and 20, and as may be amended from time to time."

(Ord. 70-74, § 1, eff. 8-13-1970; Ord. 89-360, § 10, eff. 10-26-1989; Ord. No. 15-01, § 3, 7-8-2015; Ord. No. 23-03, § 1, 4-26-2023)

Wherever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

Pursuant to Government Code Section 36900, the person responsible for the fine imposed pursuant to Sections 1-2.01(d)(2), 1-2.01(d)(3),1-2.01(e)(2) or 1-2.01(e)(3) may request a hardship waiver to reduce the amount of the fine by completing a hardship waiver form and returning the form to the City Clerk within ten (10) days of the date stated on the citation. The waiver request shall include a sworn affidavit under penalty of perjury and any supporting documents or materials demonstrating to the satisfaction of the City Manager or the City Manager's designee ("City Manager") that: (1) the recipient of the fine has made a bona fide effort to comply after the first violation, and (2) payment of the full amount of the fine would impose an undue financial burden on the recipient. The City Manager shall provide written notice of the determination of a timely received waiver request to the recipient of the fine by first class mail. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The determination notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the City Manager shall be final. If the City Manager determines not to approve a hardship waiver, the recipient of the fine shall, within ten (10) days of service of that determination, either remit the deposit amount to the City or appeal the citation in compliance with the applicable procedures in this Municipal Code.

(Ord. No. 23-03, § 3, 4-26-2023)

Editor's note— Ord. No. 23-03, §§ 2, 3, adopted April 26, 2023, repealed the former § 1-2.03, and enacted a new § 1-2.03 as set out herein. The former § 1-2.03 pertained to imposition of penalty and carried no amendatory history.

Editor's note— Ord. No. 23-03, § 2, adopted April 26, 2023, repealed § 1-2.04, which pertained to determination of punishment and derived from Ord. 95-422, § 9, effective Dec. 14, 1995.

Editor's note— Ord. No. 23-03, § 2, adopted April 26, 2023, repealed § 1-2.05, which pertained to place of confinement and derived from Ord. 243, § 1; and Ord. 413, §§ 1, 2.

Editor's note— Ord. No. 23-03, § 2, adopted April 26, 2023, repealed § 1-2.06, which pertained to use of prisoners for public works and derived from Ord. 116.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or, tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

Any violation of this Code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action and/or administrative proceeding to abate a nuisance and/or to enforce any provision of this Code may elect to recover the incurred attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding.

(Ord. No. 15-01, § 4, 7-8-2015)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with, the City shall be entitled to recover treble the costs of abatement, including reasonable attorneys' fees, for the second or subsequent judgments.

(Ord. No. 15-01, § 5, 7-8-2015)