San Rafael Municipal Code Ch. 1.42 Judicial Remedies

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the requirements of this code, may be charged and prosecuted as either an infraction or misdemeanor, except where otherwise specifically provided.

Except as otherwise specifically provided, any person convicted of an infraction is punishable by a fine not exceeding five hundred dollars ($500.00), and any person convicted of a misdemeanor is punishable by a fine not exceeding five hundred dollars ($500.00), or imprisonment in the Marin County Jail for a period of not more than 6 months, or by both such fine and imprisonment.

Each separate day or any portion thereof on which a violation occurs, or is committed, continued, or permitted, shall be deemed to constitute a separate offense punishable as herein provided.

(Ord. 1706 § 5 (part), 1997).

In addition to all other remedies, the city may bring a civil action to enforce the provisions of this code, in which a court may impose the following remedies:

A. An injunction;

B. Civil penalties in an amount not to exceed five hundred dollars ($500.00) per violation for each day, payable to the city, against any person who commits, continues, operates, allows or maintains any violation of any provision of this code;

C. Reimbursement of city administrative and abatement costs, including but not limited to investigative costs incurred in the enforcement of the provisions of this code; and

D. Award of attorneys' fees, where the city has elected at the initiation of the action to seek the recovery of such fees, in which case the prevailing party in such action shall be entitled to an award of attorneys' fees in an amount which shall not exceed the reasonable attorneys' fees incurred by the city.

(Ord. 1706 § 5 (part), 1997).

Pursuant to California Government Code Section 38773, the city has authority to judicially abate public nuisances by filing criminal or civil actions. The city also has the authority under state law to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or 38773.5.

(Ord. 1706 § 5 (part), 1997).

Pursuant to California Government Code Section 18773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of abatement. These costs shall not include conditions abated pursuant to California Health and Safety Code Section 17980.

(Ord. 1706 § 5 (part), 1997).