Tehachapi Municipal Code Ch. 1.20 General Penalty

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; unless such a violation or failure is prosecuted as a civil administrative action pursuant to Chapter 1.16. Any violation of any provision of this code may be prosecuted as a misdemeanor, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor or their designees.

B. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. The amounts of the fines imposed pursuant to this chapter may be set forth in a schedule of fines established by resolution of the city council. The city council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses. The amounts of fines may be modified from time to time by a resolution of the city council.

C. Any person convicted of an infraction for violation of an ordinance of the city is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

4. Or in a maximum amount as otherwise as set forth in Government Code Section 36900.

D. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars for a first violation.

2. A fine not exceeding seven hundred dollars for a second violation of the same ordinance within one year.

3. A fine not exceeding one thousand three hundred dollars for each additional violation of the same ordinance within one year of the first violation.

4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

For fines issued under C.1, C.2, D.2, D.3, and D.4 of this Section, the process in Subsection E for considering a hardship waiver to reduce the fine applies. For fines under Subsection D, the city may change those amounts as needed by resolution of the city council.

E. Hardship Waiver for Fines.

1. When the city imposes a second or third fine pursuant to Section 1.20.010C.1 or C.2, any person who has made a bona fide effort to comply after the first violation and who would suffer an undue financial burden if required to pay the full amount of a second or third fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting the city-approved application form for a fine hardship waiver (hereafter the "fine hardship waiver"). This fine hardship waiver form and all required accompanying records must be submitted within twenty days of issuance of the fine to the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561.

2. To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the person's bona fide effort to comply after the first violation and substantiation on the person's suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the person's bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person's fine hardship waiver application, the city will destroy the documents submitted by a person's for a fine hardship waiver without prior notice to the person.

3. The city via the chief of police or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail.

4. If the city determines that the person is not entitled to a fine hardship waiver, the person shall make payment of the full fine with the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561 within twenty calendar days from the issuance date of the fine, and if that deadline has already passed when the city makes its decision, within 7 calendar days of the date the decision is deposited with the U.S. Postal Service. If the city determines that the person is entitled to a fine hardship waiver, the person shall make payment of the revised fine amount with the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561 within seven calendar days of the date the decision is deposited with the U.S. Postal Service or deadline stated in the written decision if a deadline is noted in the decision. In the event the Tehachapi Police Department does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth therein by the city council; and (2) the city may take further action to ensure payment as provided by law.

F. 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 the ordinances of the city of Tehachapi is committed, continued or permitted by any such person, and he shall be punishable accordingly.

G. The violation of any of the provisions of this code or any city ordinance, including adopted and uniform codes, as well as State and Federal law that may be enforced by the city, constitutes a nuisance, and may be abated by the city through all legal means available, including, but not limited to, the civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

H. Attorney's Fees. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. The city shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the city expires, and also when the city's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the city shall not preclude the city from recovering its attorneys' fees and costs administratively or through another process as provided by law. A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the city to cause or otherwise obtain compliance with this municipal code or other codes, as specified herein, even if the violation is ultimately corrected by the violator.

(Ord. 93-08—618 § 2, 1993; Ord. 83-13—495 § 10, 1983)

(Ord. No. 22-01-766, § 2, 1-18-2022; Ord. No. 25-05-783, § 3, 10-20-2025)

It shall be competent for the recorder or court convicting any person charged with violating or non-complying with any provision of any ordinance of this city to enter an alternative judgment imposing a fine, and on failure to pay the same imprisoning such person one day for each dollar of such fine.

(Ord. 20 § 2, 1910)

Until the city has a city prison, all persons sentenced to imprisonment for the violation of any ordinance thereof must be imprisoned in the county jail, and the expense of such imprisonment shall be a charge in favor of the county and against the city. Actual expenses of the chief of police or his deputies in transporting prisoners to the county jail are to be a charge against the city.

(Ord. 20 § 3, 1910)

Any person undergoing or serving out a term of imprisonment in the city or county jail under a judgment of imprisonment, or under an alternative judgment of fine or imprisonment, who refuses to labor or who does not labor on the public streets or works when required, is guilty of a misdemeanor. The chief of police is empowered and required to feed any refractory prisoner or prisoners on a diet of bread and water during the time that such prisoner or prisoners refuse to labor on the public streets or works when required.

(Ord. 20 § 4, 1910)

Each day of the wilful continuance of any act prohibited by any ordinance of this city is a distinct misdemeanor.

(Ord. 20 § 21, 1910)