Rancho Santa Margarita Municipal Code Ch. 1.03 Penalties and Remedies

Footnotes:

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Editor's note— Ord. No. 16-04, § 1, adopted Sept. 14, 2016, repealed the former Ch. 1.03, §§ 1.03.010—1.03.030, and enacted a new Ch. 1.03 as set out herein. The former Ch. 1.03 pertained to similar subject matter and derived from Ord. No. 00-17, § 1(1.30.010), 5-18-2000; Ord. No. 00-17, § 1(1.30.020), 5-18-2000; Ord. No. 00-17, § 1(1.30.030), 5-18-2000.

The provisions of this Chapter represent the means and methods by which the City may secure compliance with the provisions of this Code. The City may use any or all of the enforcement tools outlined herein, as well as any other remedies as may be available pursuant to this Code, or any other local, state, or federal law.

(Ord. No. 16-04, § 1, 9-14-2016)

(a) Misdemeanor; infraction. No person shall violate any of the provisions, or fail to comply with any of the requirements of this Code, any code adopted by reference by this Code, or any condition of any permit or license approved pursuant to any provision of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code, any code adopted by reference by this Code, or any condition of any permit or license approved pursuant to any provision of this Code shall be guilty of a misdemeanor unless:

(1) Such violation or failure to comply is expressly stated by this Code or state law to be an infraction;

(2) The City Attorney or prosecutor files a complaint charging the offense as an infraction; or

(3) A public safety officer, law enforcement officer, or other authorized enforcement officer, as defined in Section 1.03.040 of this Chapter, issues a citation charging the offense as an infraction.

(b) Punishment.

(1) Any person convicted of a misdemeanor under the provisions of this Code shall be subject to punishment 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.

(2) Except as provided herein, any person convicted of an offense specified as an infraction under the provisions of this Code shall be subject to punishment for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00. Any person convicted of an infraction under the building and safety provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $500.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $1000.00 [Government Code § 36900].

(3) Any person that violates any provision or fails to comply with any of the requirements of this Code, any code adopted by reference by this Code, or any condition of any permit or license approved pursuant to any provision of this Code shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person and shall be punishable accordingly.

(Ord. No. 16-04, § 1, 9-14-2016)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealment of such act or omission.

(Ord. No. 16-04, § 1, 9-14-2016)

The City Manager may designate an employee or employees to act as Code Enforcement Officers. Pursuant to California Penal Code Section 836.5, the Code Enforcement Officers of the City may make arrests for violations of the Rancho Santa Margarita Municipal Code or other City ordinances, and may issue citations for misdemeanors or infractions pursuant to California Penal Code Part 2, Title 3, Chapter 5C (commencing with Section 853.5) and this Chapter of the Rancho Santa Margarita Municipal Code, for violation of those provisions of such Code which the Code Enforcement Officers have the duty to enforce.

(Ord. No. 16-04, § 1, 9-14-2016)

(a) Public nuisance. Any condition, use or activity caused or permitted to exist in violation of the provisions of this Code, any code adopted by reference by this Code, or in violation of any permit, license, approval or entitlement issued pursuant to any of the provisions of this Code shall be deemed a public nuisance and may be abated by the City by any lawful means, including but not limited to, administrative and/or summary abatement proceedings, restraining order, or injunction.

(b) Cost recovery. Pursuant to the provisions of Government Code sections 38773, 38773.1, and 38775.5, the City may make the expense of abatement of any public nuisance a special assessment, or a lien against the property upon which the nuisance condition exists and a personal obligation of the property owner. Pursuant to Government Code section 38773.5(b), in any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party in such action shall be entitled to recovery of its attorneys' fees, expert fees, and costs if, any only if, the City seeks the award of attorneys' fees and costs at the initiation of such action or proceeding. The attorneys' fees recoverable pursuant to this section shall be limited to the reasonable attorneys' fees incurred by the City in the action or proceeding, regardless of the actual costs of any party's attorneys' fees.

(Ord. No. 16-04, § 1, 9-14-2016)

In addition to all other remedies, the City Attorney on behalf of the City may bring a civil action to enforce the provisions of this Code, any code adopted by reference by this Code, or the provisions of any permit, license, approval or entitlement issued pursuant to any of the provisions of this Code, in which a court may impose any or all of the following remedies:

(a) An injunction or any other appropriate equitable remedy;

(b) Reimbursement of City administrative and abatement costs, including, but not limited to, investigative costs incurred in the enforcement of the provisions of this Code; and

(c) An award of attorney's fees, where the City has elected at the initiation of the action to seek the recovery of such fees, in which case the prevailing party in such action shall be entitled to an award of attorneys' fees in an amount which shall not exceed the reasonable attorneys' fees incurred by the City, regardless of the actual costs of any party's attorneys' fees.

(Ord. No. 16-04, § 1, 9-14-2016)