National City Municipal Code Ch. 1.20 General Penalty

A. Any person violating any of the mandatory provisions or failing to comply with any of the mandatory requirements of the ordinances of the city is guilty of an infraction, unless by ordinance the violation or failure to comply is made a misdemeanor. The city attorney, in his or her discretion, may upgrade an infraction to a misdemeanor, or reduce a designated misdemeanor to an infraction. An infraction is 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 of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. A misdemeanor is punishable by a fine not exceeding one thousand dollars or by imprisonment not to exceed six months, or by both fine and imprisonment.

B. A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by that person, and be punished accordingly.

C. Payment of a fine shall not excuse payment of any fee required by this code or other city ordinance.

(Ord. 2140 § 2, 1998: Ord. 2100, 1995; Ord. 1883 § 1, 1986: Ord. 1853, 1985; Ord. 1665, 1979; Ord. 1621, 1978: Ord. 1358 § 1, 1973)

A. In addition to the other penalties provided in this code, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated and/or enforced by civil action, and each day such condition continues shall be regarded as a new and separate offense.

B. As part of a civil action filed to enforce provisions of this code, a court may assess, pursuant to Government Code Section 36901, a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.

C. During the period of time that a public nuisance exists on real property and a stop order, civil injunction or nuisance abatement proceeding is in effect, no permits or licenses other than those necessary to correct the violation shall be issued or processed on behalf of an applicant who is the owner or occupant of the affected site.

D. Maintenance of a public nuisance, if not otherwise punishable by a specific provision of law, is punishable under the provisions of Section 1.36.160. (Ord 2151 § 2, 1998: Ord. 2080 § 1, 1994; Ord. 1868, 1985)

Pursuant to California Government Code Section 38773, the city has the authority to judicially abate public nuisances by filing criminal or civil actions. The city also has the authority to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or 38773.5.

(Ord. 2080 § 2, 1994)

Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.

(Ord. 2080 § 3, 1994)