Morgan Hill Municipal Code Ch. 1.24 General Penalty

Footnotes:

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Editor's note— Ord. No. 2276 N.S., § 2, adopted May 2, 2018, amended Ch. 1.24 to read as set out herein. The former Ch. 1.24, §§ 1.24.010, 1.24.020, pertained to similar subject matter and derived from Ord. 225 N.S. §§ 6, 7, adopted in 1968; Ord. 496 N.S. § A, adopted in 1979; Ord. 778 N.S. § 1 (part), adopted in 1986; Ord. 820 N.S. § 4 (part), adopted in 1987; Ord. 906 N.S. § 12, adopted in 1989; Ord. 918 N.S. § 1, adopted in 1989; Ord. 1109 N.S. § 1, adopted in 1993; Ord. 1129 N.S. § 1, adopted in 1993; Ord. 1130 N.S. § 2, adopted in 1993; Ord. 1172 N.S. § 1, adopted in 1994; Ord. 1192 N.S. § 1, adopted in 1994; Ord. 1198 N.S. § 3, adopted in 1994; Ord. 1320 N.S., §§ 1, 2, adopted in 1997; Ord. 1362 N.S. § 3, adopted in 1997; Ord. 1442 N.S. § 18, adopted in 1999; Ord. 1528 N.S. § 5, adopted in 2001; Ord. 1838 N.S. § 1 (part), adopted in 2007; Ord. 1850 N.S. § 2 (part), adopted in 2007; Ord. No. 1951 N.S., § 1, adopted Oct. 7, 2009; Ord. No. 1967 N.S., § 2, 1-27-2010; Ord. No. 1971 N.S., § 2, 4-7-2010; Ord. No. 1989 N.S., § 2, adopted in June 2, 2010; Ord. No. 1993 N.S., § 2, adopted Oct. 6, 2010; Ord. No. 2104 N.S., § 2, adopted April 16, 2014.

A. Except as provided in Title 10 pertaining to civil penalties for parking violations, whenever in this code, any act is prohibited or is made or is declared to be unlawful, or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful or , the violation of any such provision of this code shall be considered a misdemeanor punishable upon conviction by imprisonment in the county jail for a period not to exceed six months or by a fine not exceeding one thousand dollars or by both such imprisonment and fine. The city attorney, in his or her discretion, may prosecute a violation of this code as an infraction, rather than as a misdemeanor, or reduce a previously filed misdemeanor to an infraction if such reduction would serve the interests of justice. Each day such violation continues shall be regarded as a new and separate offense.

B. Each infraction shall be punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation by the same person of the same ordinance within one year of the date of the first violation; and (3) a fine not exceeding five hundred dollars for a third and each additional violation by the same person of the same ordinance within one year of the date of the first violation.

C. Notwithstanding the provisions of Section 1.24.010(B), any violation of Title 15 (Buildings and Construction) determined to be an infraction shall be punished by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding five hundred dollars for a second violation by the same person of the same ordinance within one year; and (3) a fine not exceeding one thousand dollars for each additional violation by the same person of the same ordinance within one year of the date of the first violation.

D. Notwithstanding any other provision of this code and in addition to the penalties provided by this section, the city may prosecute any violation of this code by issuing an administrative citation pursuant to Chapter 1.19.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code, is a public nuisance. Any nuisance may be abated as provided in Chapter 1.18 of the Morgan Hill Municipal Code.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

Each section of the Morgan Hill Municipal Code violated constitutes a separate violation. Each day such violation is committed, continued, or permitted to continue, shall be regarded as a new and separate offense. Every person continuing, committing, or permitting any violation of any of the provisions of this chapter is guilty of a separate offense for each and every day of such violation of this code.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

Any employee authorized to enforce the provisions of this code shall have the power of arrest as provided in California Penal Code Section 836.5.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

The provisions and remedies of this chapter or any other provision of this code are cumulative and in addition to any other remedies available under federal, state, or local law. Nothing in this code bars any legal, equitable, administrative, or summary remedy to which any aggrieved person, the county, or any official may otherwise be entitled. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which violates any provision of this code.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

For the purpose of this chapter, the following terms shall have the meanings as defined in this section:

A. "Administrative costs" shall mean costs incurred by the city for enforcement of any provision of this code, including costs of inspection or investigation and costs of abatement.

B. "Person" shall mean any natural person, firm, partnership, association, company, corporation or organization of any kind.

C. "Responsible person" shall mean the person responsible for violation of the code.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

A. Interference or Obstruction. It is unlawful for any person to interfere or obstruct, or to attempt to interfere or obstruct, any official in the performance of such official's duties as specified in this code or as may otherwise be received pursuant to the rules, regulations, or policies of the City of Morgan Hill.

B. False Information. No person shall give, either orally or in writing, information to an enforcement officer that the person knows or has reason to know is false.

(Ord. No. 2276 N.S., § 2, 5-2-2018)

City shall have the authority to recover administrative costs from responsible persons. Such administrative costs shall consist of the total direct and indirect costs of enforcement that are reasonably and necessarily incurred by the city to investigate, inspect, or cure any violation or monitor the recurrence of any violation.

(Ord. No. 2276 N.S., § 2, 5-2-2018)