Chapter 1.16 — VIOLATIONS

Editor's note— Prior to reenactment by Ord. 334A, adopted Dec. 16, 2009, Ord. 320 §1, adopted June 18, 2007, repealed the former Ch. 1.16, §§1.16.010, 1.16.020. The former Ch. 1.16 pertained to general penalty and derived from Ord. 170 §1, 1973; Ord. 184 §6, 1974; Ord. 294A §2, 2003; Ord. 296 §1, 2004.

A.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code or any provisions of any ordinance of the city not included within this Code. Any person violating any such provisions of this shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any Code adopted by reference by this Code, or any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

B.

Any provision or requirement of this Code or otherwise as referred to above, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the city attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(Ord. 334A, 2009)

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

(Ord. 334A, 2009)

Whenever in this Code or in any other ordinance or resolution of the city or in any order, rule or regulation issued or promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, any person who willfully violates any such ordinance, regulation

or duty to act shall be charged with an infraction or a misdemeanor at the discretion of the district attorney or the city attorney depending upon the prosecuting entity.

(Ord. 334A, 2009)

Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

A.

Where a judgment imposes a punishment of a fine not exceeding one hundred dollars in the case of the first offense; or

B.

When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction.

(Ord. 334A, 2009)

A.

Any conviction of a misdemeanor under provisions of this Code shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

B.

Any conviction of an infraction under the provisions of the Code shall be punishable for a first conviction of a fine of not more than one hundred dollars, for a second conviction within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars.

(Ord. 334A, 2009)

Imprisonment for violation of any city ordinance shall be in the county jail.

(Ord. 334A, 2009)

A.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.

B.

Any such violation or threatened violation as referred to in subsection A., or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provision of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.

(Ord. 334A, 2009)

A.

Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in section 1.16.060 of this chapter, or other public nuisance, as defined under state law or by other ordinances or regulations, has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person 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 reasonable sufficient to enable such compliance, such non-complying 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 within such 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 expense related to such things are personnel salaries and benefits, operation 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 provision of subsection A. of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

D.

The liability of any person for the payment of the costs and expenses provided for in subsection A. of this section may be waived in whole or in part by the city attorney in any case wherein so determined, in the sole discretion of the city attorney, that the failure of refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the

circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.

E.

Money due to 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, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574, et seq. of the Government Code of the State relating to weed abatement assessments.

(Ord. 334A, 2009)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the personnel ordinances and rules and regulations of the city, if applicable.

(Ord. 334A, 2009)

Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the city not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of the deposit in the post office or in the official receptacle thereof.

(Ord. 334A, 2009)

Proof of giving any notice may be made by the certificate of any officer or employee of this city or by the affidavit or declaration under penalty of perjury of any person over the age of eighteen years, which shows service in conformity with this Code or other provision of law applicable to the subject concerned.

(Ord. 334A, 2009)

The provisions of Section 836.5 of the Penal Code of the State authorize certain officers and employees of the city to issue written Notice to Appear and Release Citations for violations of this Code which such

officers or employees have the duty to enforce. Police officers of the city are hereby designated and authorized to issue such citations.

(Ord. 334A, 2009)