Chapter 1.12 — GENERAL PENALTY

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Municipal Code.

(a)

Except as provided elsewhere in this Municipal Code, a violation of any of the provisions or a failure to comply with any of the mandatory requirements of this Municipal Code shall constitute an infraction for the first three violations of the same provision within any one-year period.

(Ord. No. 2003-1170, 1-28-03)

(b)

Except as provided elsewhere in this Municipal Code, a fourth or subsequent violation of the same Municipal Code provision within one year shall constitute a misdemeanor.

(Ord. No. 2003-1170, 1-28-03)

(c)

Any person convicted of an infraction under the provisions of this Municipal Code shall be punishable upon conviction by a fine set forth in the City of San Marcos Infraction and Misdemeanor Bail Schedule as established by resolution of the City Council, and as may be amended by the City Council from time to time. Any person convicted of a misdemeanor under the provisions of this Municipal Code shall be punishable upon conviction by a fine set forth in the City of San Marcos Infraction and Misdemeanor Bail Schedule as established by resolution of the City Council, and as may be amended by the City Council from time to time, or by imprisonment in the San Diego County Jail for a period not to exceed six months, or by both fine and imprisonment.

(Ord. No. 2003-1170, 1-28-03)

(d)

Any person violating any provision or failing to comply with any of the requirements of this Municipal Code may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Municipal Code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

(Ord. No. 2003-1170, 1-28-03)

(e)

In addition to any other remedy provided by this Municipal Code, the violation of any provision of this Municipal Code may be enforced by an administrative citation issued under Chapter 1.14.

(Ord. No. 2006-1267, 6-27-06)

(a)

In addition to any other remedy provided by this Municipal Code, any provision of this Municipal Code may be enforced by injunction issued by the Superior Court upon a suit brought by the City. As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of $2,500.00 per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Municipal Code.

(Ord. No. 2003-1170, 1-28-03)

(b)

Each and every day a violation of any provision of this Municipal Code or applicable state code exists constitutes a separate and distinct violation.

(Ord. No. 2003-1170, 1-28-03)

(c)

All civil penalties shall be deposited in a fund established by the City to reimburse investigative costs. Civil penalties deposited in this fund shall be appropriated and allocated in a manner determined by the City Manager. The City Finance Officer shall establish accounting procedures to ensure proper account identification, credit and collection.

(Ord. No. 2003-1170, 1-28-03)

(d)

In addition to any other remedy provided by this Municipal Code, the violation of any provision of this Municipal Code may be enforced by an administrative citation issued under Chapter 1.14.

(Ord. No. 2006-1267, 6-27-06)

Any person violating or failing to comply with the requirements of any provision of this Code regulating vehicles and traffic shall be guilty of an infraction or misdemeanor, as more specifically provided in Section 4000 of the State Vehicle Code.

If any person is arrested for a violation of one or more provisions of this Code and such person does not demand to be taken before a magistrate, as more specifically set forth in the State Penal Code, the arresting officer shall prepare, in duplicate, a written notice to appear in court (citation). Said notice shall contain:

(1)

The name and address of such person;

(2)

The offense charged and applicable bail amount; and

(3)

The time and place when and where such person shall appear in court (time specified shall be at least five days after the date of arrest).

Notices to appear may be served in person or by certified mail, in a sealed envelope, postage prepaid, addressed to the person to be notified at their last known address, or any other address which is reasonably calculated to produce actual notice.

Upon a determination that the public health, safety and welfare are not immediately at risk, any official authorized pursuant to Section 1.12.110 may issue a written Notice of Code Violation in place of a citation as the first official demand made upon a violator. Such notice shall be served as provided in Section 1.12.040.

The actual fine amount due the City for various violations of the provisions of this Code shall be as set forth in the City of San Marcos Bail Schedule. Said schedule shall be established by resolution of the City Council and may be amended by the Council as necessary.

The conviction of any person for any violation of this Code shall not excuse or exempt such person from complying with any provision or requirement of the code section violated or from the payment of any license due or unpaid at the time of conviction.

Every day during any portion of which any violation of this Code is committed, continued or permitted to exist shall constitute a separate offense. The remedies provided by this article shall be cumulative and not exclusive. Nothing herein shall prevent the City from pursuing both criminal and civil proceedings for the same violation or offense.

In addition to the penalties provided above, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be abated as such by the City in accordance with the provisions of Chapter 10.

In the event of conflict between the provisions of this chapter and penalty provisions found elsewhere in this Code, the provisions of this chapter shall prevail.

(a)

The City Manager shall designate one or more City personnel empowered to enforce the provisions of this Code and to arrest violators thereof.

(b)

The City Manager shall direct the preparation of written procedures governing code enforcement activity within the City.

Any official duly authorized to enforce the provisions of this Code shall be empowered to seek, obtain and employ inspection warrants issued by court order, if necessity is clearly demonstrated, in the interests of protecting public health, safety and welfare.

No determination by a duly authorized official regarding violations of this Code shall prevent the exercise of such rights to appeal as may be provided elsewhere in this Code.