Scotts Valley Municipal Code Ch. 4.04 Judicial Remedies

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Municipal Code. Any person violating any of the provisions or failing to comply with the requirements of the Municipal Code shall be guilty of a misdemeanor unless the violation is otherwise made an infraction by other provisions of this Municipal Code. Notwithstanding any other provision of this Municipal Code, any violation of this Municipal Code, which constitutes an infraction under this Municipal Code, may, in the discretion of the City Attorney, be charged and prosecuted as a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Municipal Code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1000) or by imprisonment in the County Jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Municipal Code, unless provision is otherwise herein made, shall be punishable by fine only as follows: (i) upon a first conviction, by a fine of not exceeding one hundred dollars ($100); (ii) for a second conviction within a period of one year, by a fine of not exceeding two hundred dollars ($200); (iii) for each additional violation of the same section of the Municipal Code within a period of one year, by a fine not exceeding five hundred dollars ($500). Notwithstanding any other provision of law, a person convicted of a violation of a city building and/or safety code section which is an infraction shall be punishable by fine only as follows: (i) upon a first conviction, by a fine of not exceeding one hundred dollars ($100); (ii) for a second conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500); (iii) for each additional violation of the same ordinance within a period of one year, by a fine not exceeding one thousand dollars ($1000). Each such person shall 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. 7.6, § 2, 5-5-04)

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 in the name of the City of Scotts Valley. All remedies prescribed by this chapter are cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purposes of enforcing the provisions hereof.

B. As part of a civil action filed to enforce provisions of this Municipal Code, a court may assess a maximum civil penalty of two thousand five hundred dollars ($2,500) 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.

C. In addition to the penalties provided above, any condition caused or permitted to exist in violation of any provision of any ordinance of the City or provision of this Municipal Code shall be deemed a public nuisance and may be abated as provided herein or in other chapters of the Municipal Code.

(Ord. No. 7.6, § 2, 5-5-04)

As part of any enforcement action taken by the City, the City has the authority to require a Responsible Person to post a performance bond to ensure compliance with the Municipal Code, applicable state codes or any judicial action.

(Ord. No. 7.6, § 2, 5-5-04)

Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the City has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions.

(Ord. No. 7.6, § 2, 5-5-04)

Pursuant to California Government Code Section 38773.7, 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 the abatement. These costs shall not include costs incurred abating conditions pursuant to Section 17980 of the California Health and Safety Code.

(Ord. No. 7.6, § 2, 5-5-04)