Modesto Municipal Code Art. 2 Remedies

(a) In addition to any other remedy provided by this Code, any provision of this chapter, may be enforced by injunction issued by the Superior Court upon a suit brought by the City.

(b) As part of a civil action filed to enforce provisions of this chapter, a court may assess a maximum civil penalty of two thousand five hundred dollars ($2,500.00) per violation of this chapter for each day during which any person commits, continues, allows or maintains a violation of any provision of this chapter.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one (1) year, by a fine of not exceeding five hundred dollars ($500.00).

Each such person shall be charged with 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, upon conviction, be punished accordingly.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)

Title 1, Chapter 6, of this Code established the administrative enforcement of remedies for violations of this Code and applicable State Codes. The general remedies include administrative abatement, summary abatement, civil penalties, administrative citations, recordation of notices of violation and mediation. The City may pursue any of these administrative remedies for violations of this chapter.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)