Rolling Hills Estates Municipal Code Ch. 1.24 General Penalty

The provisions of this section represent the means and methods by which the City of Rolling Hills Estates intends to secure compliance with the provisions of this code. The city may use any or all of the enforcement options in securing compliance with the provisions of this code and multiple enforcement options may be used to achieve compliance with respect to persons who commit continuing violations. A separate offense shall be deemed to have been committed whenever: (a) a person repeats the act that constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to exist for more than twenty-four hours.

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 an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the city manager. Notwithstanding any other provision of this code to the contrary, any conviction of an infraction under this provision of this code shall be punished 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.

B. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by the city manager. Any person convicted of a misdemeanor under the provisions of this code shall be punished 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.

(Ord. 540 § 1 (part), 1992: prior code § 115 (a))

(Ord. No. 652, § 1, 10-27-2009)

Notwithstanding the provision of Section 1.24.010, above, a fourth violation and all subsequent violations thereafter of the same code section, regardless of when the violation occurs, shall constitute a misdemeanor.

(Ord. 540 § 1 (part), 1992: prior code § 115 (b))

(Ord. No. 652, § 2, 10-27-2009)

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the following sections of this code, shall be guilty of an infraction: 10.24.030, 10.24.040, 10.24.050, 10.24.060(B), 10.24.070, 10.24.080, 10.24.090(A), 10.24.100(A), 10.24.100(D), 10.24.100(E), 10.24.120, 10.24.130, 10.24.150, 10.24.160, 10.24.180, 10.24.190(B), 10.24.210, 10.24.220, 10.32.020(E), 10.32.040, 10.32.050, 10.32.060, 10.52.010. Any person convicted of an infraction under the provisions of this code, shall be punishable by a fine of not more than five hundred dollars. Each such person shall be guilty of a separate offense for each and every day during which such violation is continued.

(Ord. 540 § 1 (part), 1992: prior code § 115 (c))

In addition to the penalties hereinabove provided, any condition caused or permitted to exist because of any violation of any section of this code shall be deemed a public nuisance and the city may abate such nuisance in the manner provided by law.

(Prior code § 116)

(Ord. No. 652, § 3, 10-27-2009)

Any violation of the provisions of this code is declared to be a public nuisance and may be abated by the procedures set forth in Chapter 8.12 or any other applicable law.

(Ord. No. 734, § 4, 4-27-2021)