San Luis Obispo Municipal Code Ch. 12.20 Park Regulations

Chapter 12.22 – Open Space Regulations. (Ord. 1484 § 3, 2005; Ord. 1410 § 1, 2002; Ord. 1202 § 22, 1991; Ord. 1159 § 1, 1990; prior code § 1205)

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such condition continues shall constitute a new and separate offense. (Prior code § 1206)

It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person and shall be punished accordingly. (Prior code § 1207)

In addition to the penal provisions provided in this chapter, and completely separate therefrom and cumulative thereto at the sole discretion of the city, the city may institute appropriate civil actions or proceedings in a court of competent jurisdiction for the abatement, removal and enjoinment of any condition or activity declared by this code to be a public nuisance or found and declared by the council to be a public nuisance after a duly noticed hearing. (Prior code § 1208)

Any person who violates any provision of this code may be liable to the city for a civil penalty not to exceed two hundred fifty dollars for each day or part thereof that said violation occurs. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the city. (Ord. 1424 § 1, 2002)

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. (Prior code § 1209)

Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court to pass sentence, within such limits as may be prescribed by this code. (Prior code § 1210)

The amount of any fee, service charge, utility charge, license or tax of any nature whatsoever, imposed by any provision of this code, shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof. (Prior code § 1211)

The prevailing party in any civil action or administrative proceeding filed to abate a public nuisance and violation of any provision of this code may recover its attorneys’ fees. The recovery of attorneys’ fees by a prevailing party is limited to only those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action 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. (Ord. 1425 § 1, 2002)