Simi Valley Municipal Code Ch. 2 Penalty Provisions

* Section 1-2.04, as amended by Ordinance No. 246, effective July 14, 1976, amended by Section 1, Ordinance No. 457, effective November 10, 1980. Sections 1-2.05 through 1-2.17 and 1-2.19, 1-2.20, 1-2.23, and 1.2.24, as amended by Ordinance Nos. 229, effective November 13, 1975, 246, effective July 14, 1976, 282, effective April 13, 1977, and 356, effective June 12, 1978, repealed by Section 2, said Ordinance No. 457. Section 1-2.18 renumbered to Section 1-2.05 by Section 3, said Ordinance No. 457. Section 1-2.06, as amended by said Ordinance Nos. 246 and 356, added by Section 4, said Ordinance No. 457. Section 1-2.07, as amended by said Ordinance No. 282, added by Section 5, said Ordinance No. 457. Sections 1-2.21, 1-2.22, 1-2.25, and 1-2.26 renumbered to Sections 1-2.08 through 1-2.11 by Section 6, said Ordinance No. 457. Section 1-2.12 added by Section 7, said Ordinance No. 457.

The violation of any provision of this Code, or of any ordinance of the City, or of any Code adopted by reference by this Code by any person shall be unlawful and punishable either by a fine as an infraction, or by a fine or imprisonment, or both, as a misdemeanor.

Any person convicted of a misdemeanor shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(§ 1, Ord. 588, eff. November 21, 1984)

(a) Any person convicted of an infraction shall be punishable for a first violation by a fine of not more than One Hundred Dollars and no 100ths ($100.00), for a second violation of the same ordinance within a period of one year of the date of the first violation by a fine of not more than Two Hundred Dollars and no 100ths ($200.00), and for a third or any subsequent violation of the same ordinance within a period of one year of the date of the first violation by a fine of not more than Five Hundred Dollars and no 100ths ($500.00).

(b) Notwithstanding any other provision of law, a violation of any section of Title 8 of this Code determined to be an infraction is punishable by a fine not exceeding One Hundred Dollars and no 100ths ($100.00) for a first violation, a fine not exceeding Five Hundred Dollars and no 100ths ($500.00) for a second violation of the same ordinance within one year of the date of the first violation, and a fine not exceeding One Thousand Dollars and no 100ths ($1,000.00) for each additional violation of the same ordinance within one year of the date of the first violation.

(§ 1, Ord. 588, eff. November 21, 1984, as amended by § 1, Ord. 1065, eff. September 28, 2004)

Any violation of the provisions of this Code, including those provisions of Division 7 entitled "Control of Vehicles on County Highways" and of Division 8 entitled "Planning and Development" as adopted by Simi Valley Ordinance No. 35, as amended from time to time, shall be deemed an infraction, unless deemed a misdemeanor pursuant to Section 1-2.05 of this chapter, or unless deemed a misdemeanor by the City Attorney when the complaint is filed with the Clerk of the Municipal Court, or unless specifically deemed a misdemeanor by this Code.

(§ 1, Ord. 457, eff. November 10, 1980, as amended by § 1, Ord. 506, eff. July 16, 1982)

Any offense which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three (3) or more violations of this Code, or of any ordinance of the City, or of any Code adopted by reference by this Code within a twelve (12) month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(§ 3, Ord. 457, eff. November 10, 1980)

It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly.

(§ 4, Ord. 457, eff. November 10, 1980)

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be summarily abated as such by the City as provided by Section 38773 of the Government Code of the State, and each day such condition continues shall constitute a new and separate offense.

(§ 5, Ord. 457, eff. November 10, 1980)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(§ 6, Ord. 457, eff. November 10, 1980)

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

(§ 6, Ord. 457, eff. November 10, 1980)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

(§ 6, Ord. 457, eff. November 10, 1980)

The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, or board within the meaning of the rules and regulations of the City.

(§ 6, Ord. 457, eff. November 10, 1980)

(a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1-2.07 of this chapter, or other public nuisance, as defined under State law or other ordinance or regulation, has been given notice, by or on behalf of the City Attorney or by any other City officer or employee authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.

(b) Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(c) The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) Moneys due the City pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed.

(§ 7, Ord. 457, eff. November 10, 1980)