Montebello Municipal Code Ch. 1.12 General Penalty

A. Any violation of any provision of this code and adopted codes constitutes a misdemeanor unless specifically designated as an infraction by this code or prosecuted as an infraction in the discretion of the city attorney or city prosecutor in the interest of justice. Each and every day during any portion of which any violation of any provisions of this code is committed, continued, maintained or permitted shall constitute a separate and distinct violation and public nuisance, and shall be punishable accordingly.

B. Any conviction of a misdemeanor under the provisions of this code shall, unless otherwise specified, be punishable by a fine of not more than one thousand dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this code, unless specified otherwise, shall be punishable by a fine not exceeding one hundred dolalrs for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

(Ord. 2285 § 1, 2005; Ord. 2070 § 1, 1992; prior code § 1200)

(Ord. No. 2365, § 1, 1-28-2015)

Editor's note— Ord. No. 2365, § 1, adopted Jan. 28, 2015, changed the title of § 1.12.010 from "Violations a misdemeanor—Penalty" to read as set out herein.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code or any code adopted by reference by this code or any ordinance of the city not included within this code, or any such threatened violation, shall be deemed a public nuisance that may be abated by the city.

(Ord. No. 2365, § 2, 1-28-2015)

Every violation of this code, the penalty for which is defined as an "infraction" or "misdemeanor," shall be subject to an administrative fine and penalty citation in accordance with Chapter 1.14 of this code. The provisions of Chapter 1.14 relating to administrative fines and penalties are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city, or other applicable codes adopted by reference. Pursuit of one of the civil or criminal provisions authorized by this code shall be at the sole discretion of the city and nothing in this code shall prevent the city from initiating civil, criminal or other legal or equitable proceedings as an alternative to any other proceeding.

(Ord. 2284 § 2, 2005)

Any violation of this code, codes adopted by the city, or provisions of state or federal law that may be enforced by the city, or any rules, regulations, permits or approvals issued by or applicable to the city may be enforced by any means authorized by law, including but not limited to, criminal prosecution, civil action for restraining order and injunctive relief, receivership, administrative or abatement proceeding. The remedies provided in this code are intended to be cumulative and not exclusive, and may be pursued individually, consecutively, or in conjunction with each other.

(Ord. No. 2365, § 3, 1-28-2015)

A. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorney's fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorney's fees. In no judicial action or administrative or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorney's fees for abatement of a nuisance shall be in accordance with this section.

B. In addition to recovery of any other costs as provided by this code, in any action to abate a nuisance, the city shall be entitled to recover from the property on which the nuisance exists and against the property owner and any other violators jointly and severally, all actual, staff and administrative costs, including but not limited to, those incurred in investigations, inspections, abatement, enforcement and providing any notice required by this code or state law.

(Ord. No. 2365, § 4, 1-28-2015)