Chapter 1.02 — PENALTIES

The city council of the city of El Paso de Robles intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows:

A.

Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for any infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by Paso Robles Municipal Code Chapter 1.06. Each and every infraction violation under the provisions of this code shall be punishable by:

A fine not exceeding one hundred dollars for a first violation.

A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.

A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by:

A fine not exceeding one hundred dollars for a first violation.

A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year.

A fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.

B.

Misdemeanor. Whenever in this code or in any other ordinance of the city or in any rule or regulation promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, any person violating such provisions or failing to comply with the requirements of this code shall be guilty of a misdemeanor, unless such violation is specifically designated in this code as constituting an infraction. Notwithstanding the foregoing, where the city attorney or other prosecutor determines that such action would be in the interests of justice, the city attorney or other prosecutor may prosecute and/or cite any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the city attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. Written citations for

misdemeanors may be issued by police officers or by trained nonsafety employees designated by Paso Robles Municipal Code Chapter 1.06 and meeting the requirements of the pertinent California Penal Code sections. Each and every misdemeanor violation is punishable by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

C.

Civil Action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate the condition(s) found to be in violation of the provisions of this code, as provided by law.

D.

Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 1.03.

E.

Every day a violation of this code or any other ordinance of the city or any such rule or regulation occurs shall constitute a separate offense.

F.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and shall be deemed a new and separate offense for each day such condition continues.

G.

Whenever 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.

(Ord. 932 N.S. § 1, 2007: Ord. 574 N.S. § 2 (part), 1989)

(Ord. No. 1059 N.S., § 4, 8-21-2018)

Every person who causes, aids, abets, or conceals the fact of a violation of this code is guilty of a violating this code.

(Ord. 574 N.S. § 2 (part), 1989)

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 shall be deemed a public nuisance and may be, by this city, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Ord. 574 N.S. § 2 (part), 1989)