Tiburon Municipal Code Art. III Judicial Remedies

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or of any other ordinance of the town. At the discretion of the town attorney, any violation may be charged and prosecuted as either an infraction or misdemeanor, except where otherwise specifically provided.

(Ord. No. 439 N.S., § 9 (part))

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, other than administrative provisions thereof, shall be guilty of an infraction, unless the violation of such provision is designated as a misdemeanor, parking violation or administrative, or at the town attorney's discretion under sections 31-7 and 31-7.4.

(Ord. No. 439 N.S., § 9 (part))

Every violation determined to be an infraction under the provisions of this Code shall be punishable by:

(a) A fine not exceeding one hundred dollars for a first violation;

(b) A fine not exceeding two hundred dollars for a second violation, of the same provision of this Code or the same ordinance, within one year;

(c) A fine not exceeding five hundred dollars for each additional violation, of the same provision of this Code or the same ordinance, within one year; and

(d) Any violation of the same provision of this Code or the same ordinance that is an infraction, for the fourth time, within one year, shall be guilty of a misdemeanor.

(e) The town attorney has discretion to charge any person who has violated the same provision of this Code or the same ordinance that is an infraction, for the fourth time, within one year, with either an infraction (pursuant to subsection (c) of this section) or a misdemeanor (pursuant to subsection (d) of this section).

(Ord. No. 439 N.S., § 9 (part))

Every violation specifically designated as a misdemeanor or pursuant to section 31-7.2(d) and (e) shall be punishable by imprisonment in the Marin County jail not exceeding six months, or by fine not exceeding one thousand dollars, or by both.

(Ord. No. 439 N.S., § 9 (part))

(a) Any misdemeanor violation including, but not limited to the definition of section 31-7.2 of this chapter, is an infraction when:

(1) The town attorney files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or

(2) The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(b) The town attorney shall maintain the discretion to waive any misdemeanor complaint and enter into a mutual settlement with any defendant, after the defendant has been fully informed of his rights. The settlement fine may not exceed the maximum fines for infractions or misdemeanors as set forth in sections 31-7.2 and 31-7.3, or as otherwise provided by state law.

(Ord. No. 439 N.S., § 9 (part))

In addition to all other remedies, the town may bring a civil action to enforce the provisions of this Code, in which a court may impose the following remedies:

(a) An injunction;

(b) Civil penalties in an amount not to exceed one thousand dollars per violation for each day, payable to the town, against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code;

(c) Reimbursement of town administrative and abatement costs, including but not limited to investigative costs incurred in the enforcement of the provisions of this Code; and

(d) Award of attorneys' fees, where the town has elected at the initiation of the action to seek the recovery of such fees, in which case the prevailing party in such action shall be entitled to an award of attorneys' fees in an amount which shall not exceed the reasonable attorneys' fees incurred by the town.

(Ord. No. 439 N.S., § 9 (part))

Pursuant to California Government Code section 38773, the town has authority to judicially abate public nuisances by filing criminal or civil actions. The town also has authority under state law to make the expense of nuisance abatement a special assessment, or a lien against the property on which it is maintained and a personal obligation against the record property owner, in accordance with California Government Code section 38773.1 or 38773.5.

(Ord. No. 439 N.S., § 9 (part))

Pursuant to Government Code section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds a record property owner responsible for a condition that may be abated in accordance with Government Code section 38773.5, a court may order the owner to pay treble the costs of abatement. The costs shall not include conditions abated pursuant to Health and Safety Code section 17980.

(Ord. No. 439 N.S., § 9 (part))