Mountain View Municipal Code Art. VIII Enforcement

Any person, firm or corporation, whether as an individual, officer, principal agent, employee or otherwise, violating or causing the violation of any of the provisions of: this Chapter, a notice of violation, a compliance directive or a hazardous materials permit may be prosecuted for an infraction or misdemeanor, in addition to any civil penalties as set forth in Sec. 24.16.20. Each day any violation of this Chapter continues shall be regarded as a new and separate offense. The remedies provided in this Chapter shall be cumulative and exclusive.

(Ord. No. 8.2025, § 1, 9/9/25.)

Hearing procedures shall comply with the provisions of Chapter 1 of the City Code.

(Ord. No. 8.2025, § 1, 9/9/25.)

Those employees of the city, including, but not limited to, the fire marshal, hazardous materials specialists and certain other employees designated by the city manager or the fire chief, who have the duty of enforcing the City Code and state laws pertaining to hazardous and toxic materials, are hereby authorized, in accordance with and pursuant to California Penal Code Sections 836.5, 836.37 and 853.6, to arrest persons for violations of such ordinances or statutes and issue notice to appear citations as provided by law.

(Ord. No. 8.2025, § 1, 9/9/25.)

Any person, firm or corporation who intentionally or negligently violates any provision of this Chapter, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the city attorney or the district attorney. In determining the penalty, the court may consider all relevant circumstances, including, but not limited to, the following:

a. The extent of harm or potential harm caused by the violation;

b. The nature and persistence of the violation;

c. The length of time over which the violation occurred;

d. The frequency of past violations;

e. The permittee's record of maintenance;

f. Corrective action, if any, taken by the permittee;

g. The degree of noncompliance with this Chapter; and

h. The extent of negligence or willful misconduct of the person, firm or corporation violating this Chapter.

In any civil action brought pursuant hereto, in which the city prevails, the court may determine and impose reasonable expenses, including attorney's fees, incurred by the city in the investigation and prosecution of the action.

(Ord. No. 8.2025, § 1, 9/9/25.)

A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, disciplined or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Chapter to any company official, public official or union official or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case.

(Ord. No. 8.2025, § 1, 9/9/25.)

Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

(Ord. No. 8.2025, § 1, 9/9/25.)