San Mateo Municipal Code Ch. 1.04 General Penalty

Prior history: Ords. 1968-39, 1985-13, 1986-24, 1989-25, 1990-5, 1990-8, 1990-22, 1992-5, 1992-6, 1993-2, 1994-9, 1997-24, 1998-9, 1999-3, 2003-9, 2005-2, 2005-6, 2007-1; prior code §§ 1.05(a)—(c).

Except as may otherwise be provided in Chapter 8.02:

(a) The violation of any provision of this code, or other ordinance of the City, or failure to comply with any mandatory requirements thereof, may be prosecuted as an infraction and punishable by fine or as a misdemeanor and punishable by fine and/or imprisonment.

(1) A violation shall be deemed an infraction if a citation is issued specifying that the violation is an infraction, the City Attorney files a complaint in the Superior Court specifying that the offense is an infraction, or the City Attorney makes a motion to reduce a misdemeanor to an infraction prior to trial on the matter.

(2) A violation shall be deemed a misdemeanor if a citation is issued specifying that the violation is a misdemeanor or the City Attorney files a complaint in the Superior Court specifying that the offense is a misdemeanor.

(b) Failure to comply with any condition of a permit or entitlement granted by the City, or failure to secure a required permit, may be punishable as an infraction or misdemeanor per this section.

(c) Penalties for Infraction. The penalty for an infraction shall be a fine not exceeding $100.00 for a first conviction; a fine not exceeding $200.00 for a second conviction within one year; a fine not exceeding $500.00 for each additional conviction within one year.

(d) Penalties for Misdemeanor. The penalty for a misdemeanor, as authorized per State law, shall be a fine not to exceed $1,000.00 and imprisonment for terms not exceeding six months, or both.

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated pursuant to Chapter 7.16 or 7.20, the court entering the second or subsequent judgment may order that owner to pay treble the costs of the abatement.

Unless provision is otherwise herein made, each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is continued, or permitted, by such person, and shall be punished as herein provided.

In addition to the penalties herein provided, any condition caused, or permitted to exist, in violation of any of the provisions of this code, is a public nuisance, and may be by this City, summarily abated as such and each day that such condition continues shall be regarded as a new and separate offense.

(a) Persons employed in the following positions, or their designees, may enforce the provisions of the San Mateo Municipal Code and regulations adopted pursuant thereto by the issuance of administrative citations under Chapter 1.10 of this code.

(b) Nothing in this chapter shall diminish or otherwise modify the authority of persons who are empowered to enforce the San Mateo Municipal Code because of their status as peace officers or because of other authorizing status.

In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of San Mateo.