Ontario Municipal Code Ch. 2 Penalty Provisions

(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted or the provisions of any Code adopted by reference by this Code, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Any person violating any such provision or failing to comply with any of the mandatory requirement of this Code, or any Code adopted by reference by this Code, shall be guilty of a misdemeanor, unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as an infraction. All violations or failures to comply that are specifically declared to be infractions elsewhere in this Code, or any Code adopted by reference by this Code, shall be prosecuted as infractions unless the citing official or the prosecuting attorney determines that it would be in the interests of justice to prosecute the offense as a misdemeanor.

(b) Any person convicted of an infraction under the provisions of this Code, or any Code adopted by reference by this Code, shall be punished by:

(1) A fine not exceeding One Hundred Dollars ($100.00) for a first violation;

(2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and

(3) A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision within one (1) year.

(c) Any person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(d) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

(e) In addition to the penalties provided by this section, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense.

(f) A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorneys' fees. Attorney's fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any party. Unpaid attorney's fees shall constitute a debt that is collectible in any manner allowed by law.

(g) Any person who violates any provision or fails to comply with any requirement or provision of this Code heretofore or hereafter enacted or any provision of any Code adopted by reference by this Code shall be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the City Attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.

(§ 1, Ord. 2094, eff. August 14, 1980, as amended by § 1, Ord. 2274, eff. May 31, 1984, § 1, Ord. 2468, eff. July 5, 1990, § 1, Ord. 2469, eff. July 5, 1990, § 1, Ord. 2843, eff. November 19, 2006, § 2, Ord. 3230, eff. January 19, 2023, § 2, Ord. 3311, eff. September 18, 2025)

Wherever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

Wherever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County Jail.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of the Municipal Code shall be deemed a civil debt owing to the City. The City may assign any debt older than sixty (60) days to a collection agency. Any fees or interest charged by the collection agency will be added to the debt and become part of the total due. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purposes of enforcing provisions thereof.

(Amended by § 3, Ord. 2785, eff. November 16, 2003)

(a) Any fee, service charge, or other charge of any nature whatsoever, imposed by any provision of the Municipal Code, which is not paid by the date the obligation becomes past due shall be deemed a delinquent account receivable. Any person obligated to pay a delinquent account receivable to the City shall also pay, as a late charge, a sum equal to ten percent (10%) of the amount of the delinquent account receivable for the first month delinquent, and said late charge may be collected in the manner provided in § 1-2.06 of the Municipal Code. In addition to the late charge, the City will charge a penalty of one-half of one percent (0.5%) per month on all obligations older than thirty (30) days from the past due date. This is in accordance with Cal. Gov’t Code § 54348.

(b) Any utility charge imposed by any provision of the Municipal Code, which is not paid by the date the obligation becomes past due, shall be deemed a delinquent account receivable. Any person obligated to pay a delinquent account receivable to the City shall also pay, as a late charge, a sum equal to ten percent (10%) of the amount of the delinquent account receivable for the first month delinquent, and said late charge may be collected in the manner provided in § 1-2.06 of the Municipal Code. In addition to the late charge, the City will charge a penalty of one and one-half of one percent (1.5%) per month on all obligations older than thirty (30) days from the past due date. This is in accordance with Cal. Health and Safety Code § 5473.10.

(c) Nothing contained in this section shall limit, restrict or otherwise affect the imposition of greater late charges, interest, penalties or other charges for late payments as provided for by other sections of the Municipal Code, or by the laws of the State of California, it being the purpose of this section to establish a minimum late charge.

(§ 1, Ord. 2461, eff. January 18, 1990; as amended by § 3, Ord. 2785, eff. November 16, 2003)

(a) Any check presented as payment that is returned unpaid by any financial institution is subject to a service fee in the amount set forth in the current Citywide Fee Schedule.

(b) Any credit card payment that is stopped by the card user is subject to a services fee in the amount set forth in the current Citywide Fee Schedule.

(§ 4, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 3211, eff. July 1, 2022)

Any authorized utility fees which remain unpaid for a period of six (6) or more months after the date upon which they were billed may be collected thereafter by the City as provided as follows:

(a) The City Council shall cause a report of delinquent utility fees to be prepared periodically. The City Council shall fix a time, date and place for hearing the report and any objections or protests thereto;

(b) The City Council shall cause notice of the hearing to be mailed to property owners listed on the report not less than fourteen (14) calendar days prior to the date of the hearing;

(c) At the hearing the City Council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The City Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed; and

(d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees plus late charges and cost of lien. A certified copy of the confirmed report shall be filed with the City Clerk, or auditor appointed by the City Council, for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment role. The lien created attaches upon recordation, in the office of the San Bernardino County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary City ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of City ad valorem property taxes shall be applicable to such assessment.

(§ 4, Ord. 2785, eff. November 16, 2003)

(a) The Council finds that there is a need for alternative methods of enforcement of the Ontario Municipal Code and applicable state codes in addition to the penalties provided by § 1-2.01. The Council further finds that the assessment of civil penalties is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other remedies established by law which may be pursued to address Municipal Code or state law violations.

(b) Civil penalties may be assessed against a responsible party for continued violations of the Municipal Code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws. The Code Enforcement Director or his or her designee may issue a notice to the responsible party stating the violation, including a description of the conditions that give rise to the violation, and assessing a civil penalty pursuant to this section. The civil penalty shall not begin to accrue until thirty (30) days after the date of the notice. The notice shall state the City's intention to assess a civil penalty and the amount of such penalty. The civil penalty may be enforced as a lien or special assessment pursuant to subsection (e) of this section. The imposition of civil penalties authorized under this section may be combined with other notices issued under this Code in the discretion of the City.

(c) Notwithstanding subsection (b), the City may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the City determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given.

(d) Civil penalties may be assessed at a daily rate not to exceed One Thousand Dollars ($1,000) per day. The actual amount assessed, up to One Thousand Dollars ($1,000) per day, shall be set by the Code Enforcement Director, based upon a civil penalties schedule set by the City Manager. In determining the amount to be imposed on a daily rate, or the actual final amount to be assessed, the Code Enforcement Director or his or her designee shall consider the following factors:

(1) Duration of the violation.

(2) Frequency or occurrence of the violation or other similar violations.

(3) Seriousness of the violation in relation to its threat or impact upon public health, welfare, or safety.

(4) History of violations.

(5) Activity taken by the responsible party to obstruct or interfere with correction of the violation.

(6) Good faith or bad faith efforts by responsible party to comply.

(7) The impact of the violation on the surrounding property and community.

(8) The financial ability of the responsible party to have corrected the violation in a timely fashion.

(e) Civil penalties, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. The notices of such special assessment, and any other notice required by this section, shall be provided to the owner by certified mail, as determined from the County Assessor's or County Recorder's records. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The City may conduct a sale of vacant residential developed property for which the payment of such assessment made pursuant to this subdivision is delinquent. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

(f) Appeals. Upon request by the owner, lessee, occupant, or person having charge of the affected premises and if received by the Code Enforcement Director within ten (10) days after mailing the final notice and order or notice of violation, which includes the imposition of civil penalties to be assessed, the City Manager or his or her designee shall hold a hearing, which shall be open to the public. The City Manager or his or her designee shall hear and consider objections and/or protests from any owner, lessee, occupant, person having charge of the affected premises, or other interested persons relative to the accrual of civil penalties. The City Manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the violations upon which the civil penalties are based and shall consider all of the factors listed in subsection (d) of this section. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the City Manager or his or her designee shall determine the amount of civil penalties to be assessed. This decision shall be final.

(g) Unpaid civil penalties may be assessed against the affected premises as specified in § 1-4.05.

(h) Fines and penalties collected resulting from enforcement of this section shall be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the City.

(§ 1, Ord. 2905, eff. June 5, 2009, as amended by § 2, Ord. 2920, eff. May 20, 2010, § 2, Ord. 3230, eff. January 19, 2023)