Santa Barbara County Municipal Code § 15-124 Cumulative remedies and penalties

(a) Any person who violates any of the provisions of this chapter of the Santa Barbara County Code or fails to comply with any order made under this chapter or who builds in violation of any plans submitted and/or reviewed under this chapter, or who violated the provisions of any certificate or permit issued under this chapter, and/or who fails to comply with an order made under the authority of this chapter, is, for each and every such violation and noncompliance respectively, severally guilty of a crime. The offense may be filed either as an infraction or a misdemeanor at the discretion of the district attorney.

(b) If filed as an infraction and upon conviction thereof, the crime shall be punishable by a fine not to exceed one hundred dollars for a first violation, a fine not to exceed two hundred dollars for a second violation of the same code provision within a period of one year, and a fine not to exceed five hundred dollars for each additional violation of the same Code provision within one year.

(c) If filed as a misdemeanor and upon conviction thereof, the crime shall be punishable by a fine of not less than five hundred dollars nor more than twenty-five thousand dollars, or imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment, except that where such prior convictions, as either infractions or misdemeanors, are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by a jury trying the case, or by the court in a case where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury, the punishment shall be a fine of not less than one thousand dollars nor more than twenty-five thousand dollars, or imprisonment in the county jail for a period not to exceed one hundred eighty days, or by both such fine and imprisonment.

(d) Each and every day during any portion of which any violation of this chapter or the rules, regulations, orders, or permits issued there under, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.

(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)

(a) Injunctive Relief. Whenever any person, firm, or corporation has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter or any rule, regulation, order, or permit issued thereunder, the district attorney, county counsel or district counsel may make application to the Superior Court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the fire department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or preliminary injunction, temporary restraining order, or other order may be granted.

(b) Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the district attorney, county counsel or district counsel may apply to the Superior Court of this county for an order authorizing the fire department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)

(a) Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates any of the provisions of this chapter or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist.

(b) Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violates any of the provisions of this chapter or the rules, regulations, order or permits issued thereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the county, its agents, and agencies as a direct and proximate result of such violation(s).

(c) Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the danger to public health and safety, the corrective action, if any, taken by the defendant and the assets, liabilities, and net worth of the violator(s).

(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)

The remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016)

Personnel assigned to the bureau of fire prevention may be guided by the operating procedures as outlined in the 2025 CFC, Chapter 1, Section 110 Violations.

(Ord. No. 3788; Ord. No. 4494; Ord. No. 4704, §§ 1, 2, 1-27-2009; Ord. No. 4771, §§ 1, 2, 12-14-2010; Ord. No. 4870, §§ 1, 2, 12-10-2013; Ord. No. 4986, §§ 1, 2, 12-6-2016; Ord. No. 5091, §§ 1, 2, 11-19-2019; Ord. No. 5170, §§ 1, 2, 12-6-2022; Ord. No. 5269, §§ 1, 2, 11-18-2025)