Rancho Palos Verdes Municipal Code Ch. 1.08 General Penalty

A. Each day a separate violation. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

B. Misdemeanors.

(1) No person shall violate any provisions or fail to comply with any of the requirements of this Code. Any person who:

(a) Violates any provision or fails to comply with any requirement of this Code; or

(b) Fails to comply with an administrative order;

is guilty of a misdemeanor.

(2) Any violation of any city approval constitutes a violation of this Code, unless the violation or failure to comply is expressly stated by this Code to be an infraction or is subsequently prosecuted as an infraction in the discretion of the city attorney, in which case such person is guilty of an infraction and shall be punished as provided in subsection (B) of this section. Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. Infractions. Any person violating any provision or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction is guilty of an infraction. Any conviction for an infraction shall be punishable by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same provision of this Code within one year;

3. A fine not exceeding $500.00 for a third violation of the same provision of this Code within one year of the first violation.

4. All additional violations of the same provision of this Code within one year of the first violation shall constitute a misdemeanor which may be cited as an infraction in the discretion of the issuing officer or prosecuting attorney.

5. However, notwithstanding the foregoing, any conviction for a violation of a city building and safety code shall be punishable by:

a. A fine not exceeding $130.00 for a first violation;

b. A fine not exceeding $700.00 for a second violation of the same provision of this Code within one year;

c. A fine not exceeding $1,300.00 for each additional violation of the same provision of this Code within one year of the first violation.

d. A fine not exceeding $2,500.00 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

D. Nuisances.

1. In addition to the penalties provided in subsections (A) and (B) of this section and in chapter 1.16 (Administrative penalties), 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 abated as such at law or equity. Prior to seeking civil or equitable relief, the city shall provide the person responsible for the public nuisance with notice and a reasonable opportunity to cure.

2. Notwithstanding any other provisions of this chapter with reference to the abatement of public nuisances, whenever the city manager or their duly authorized representative determines that property, a building or structure is structurally unsafe, or constitutes a fire hazard, or is otherwise imminently dangerous to human life, and such condition constitutes an immediate hazard or danger, they may immediately and forthwith abate the existing public nuisance to the extent necessary to address the imminent danger.

3. The prevailing party in any proceeding associated with a violation of the Code, the abatement of a public nuisance, or where a violation of any provision of the Code has been declared a public nuisance, shall be entitled to recovery of attorneys' fees incurred in any such proceeding, where the city has elected, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

E. Remedies to be cumulative. Notwithstanding anything to the contrary in this Code or any administrative policy of the city, all enforcement remedies available to the city are cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter or the Code.

F. Hardship waivers. The procedures for hardship waivers required by Government Code § 36900(e) shall be as established by resolution.

(Code 1981, § 1.08.010; Ord. No. 43, § 1(part), 1974; Ord. No. 153, § 1, 1982; Ord. No. 228, § 1, 1988; Ord. No. 252, § 1, 1990; Ord. No. 473, § 2, 2008; Ord. No. 570, § 1, 7-7-2015; Ord. No. 584, § 2, 7-19-2016; Ord. No. 608, § 2, 9-4-2018)

The violation of any administrative provision of this Code by any officer or employee of the city may be deemed a failure to perform the duties under or observe the rules and regulations of the department, office or board within the meaning of the rules and regulations of the city.

(Code 1981, § 1.08.020; Ord. No. 43, § 1(part), 1974)

If an applicant supplies false or fraudulent information in an application for a permit pursuant to any provision of this Code, such action may constitute grounds for denying the application. If a permit is issued on the basis of false or fraudulent information supplied by the applicant, the permit may be revoked or suspended in accordance with the same procedures for approving such permit.

(Code 1981, § 1.08.030; Ord. No. 387, § 4, 2003)

Any officers and employees, and any other persons designated to do so by this Code or the city manager, shall have the concurrent authority to issue administrative citations pursuant to chapter 1.16 (Administrative penalties) of title 1 (General provisions) of this Code.

(Code 1981, § 1.08.040; Ord. No. 512, § 1, 8-3-2010)