Chapter 6 — PENALTIES AND OTHER REMEDIES

8-5500 - PENALTY FOR VIOLATION OF THIS DIVISION.

(a)

Notice to Appear Citation. The enforcement agency may issue a Notice to Appear Citation to the property owner for violation of this division.

(b)

Infractions. A property owner who violates any provision of this division shall be guilty of an infraction. Each day, or portion thereof, the violation exists shall be a new and separate offense. The first three (3) violations of the same section of this division on the same property shall be considered infractions and shall be punished as follows:

(1)

For the first violation, a fine of $100.00, plus any additional penalties assessed by the Court.

(2)

For the second violation, a fine of $200.00, plus any additional penalties assessed by the Court.

(3)

For the third violation, a fine of $500.00, plus any additional penalties assessed by the Court.

(c)

Misdemeanor. If the number of violations of the same section of this division on the same property exceeds three (3), the property owner shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as follows:

(1)

By a fine of not more than $500.00; or

(2)

By imprisonment in the County Jail for a term of not more than six (6) months; or

(3)

By such fine and/or imprisonment as noted in subsections (c)(1) and (c)(2).

(d)

Action by District Attorney. Notwithstanding subsections (a) through (c) of this section, the District Attorney may file a misdemeanor for any violation of this division and shall take other steps and apply to such court as may have jurisdiction to grant such relief.

(Ord. 3649)

8-5501 - SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; ABATEMENT ON NUISANCES; TREBLE DAMAGES.

Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property is responsible for a condition that may be abated in accordance with Section 8-5101 of this division, the court may order the owner to pay treble the costs of the abatement. This section does not apply to conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. 3649)

8-5502 - OTHER REMEDIES.

This division does not preclude the enforcement agency, the District Attorney, or other County officers and employees from pursuing other remedies provided by law.

(Ord. 3649)