Tustin Municipal Code Part 2 Penalty Provisions

a

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Tustin City Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the provisions of the Tustin City Code shall be guilty of a misdemeanor unless:

(1) The violation is classified as an infraction in the State Vehicle Code or the Tustin City Code in which case the person shall be guilty of an infraction; or

(2) The City Attorney files a complaint charging the offense as an infraction; or

(3) A Public Safety Officer or an Enforcement Officer, as defined in Part 1 of Chapter 1 of this Code issues a citation charging the offense as an infraction.

b

Any person who commits a second or subsequent violation of the same provision of this Code within one (1) year of the commission of the first such violation shall be guilty of a misdemeanor for each such violation and shall be subject to penalties as provided in Subsection e of this Section, unless the City Attorney files a complaint charging the offense as an infraction. Each day or portion thereof that a person, firm or corporation permits a violation of this Code to continue shall constitute a separate and subsequent offense.

c

Violation of an ordinance of the City classified or charged as an infraction other than a building and safety code is punishable by:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; and

(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

d

Violation of a building and safety code in the City classified or charged as an infraction is punishable by:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year; and

(3) A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year of the first violation. For purposes of this section, "building and safety code" refers to Tustin City Code sections 8100 to 8999, as the same may be amended from time to time, and all uniform and other codes adopted therein by reference as modified therein.

e

Any person convicted of a misdemeanor under the provisions of this Code (unless otherwise provided herein) shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the Orange County jail for a period of not more than six (6) months, or by both such fine and imprisonment.

f

Should a citation not be paid by the responsible party in the time specified therein, a penalty shall be assessed upon any administrative citation as follows: Thirty (30) days from the date of issuance, a penalty assessment shall [be] assessed in addition to the original amount by fifty percent (50%); should the responsible not pay the citation and penalty after another thirty (30) days, said citation shall increase by an additional fifty percent (50%).

(Ord. No. 612; Ord. No. 932, Sec. 1, 6-3-85; Ord. No. 1358, Sec. 2, 11-4-08; Ord. No. 1428, Sec. 3, 5-7-13)

a

Any violation of the Tustin City Code is a public nuisance. Except as provided in Section 9273(e), nonconforming uses or structures that have been determined not to be legal nonconforming, pursuant to Section 9273 of this Code, are illegal and are declared a public nuisance, and shall be altered to conform with all applicable standards and regulations, and shall be subject to actions and penalties allowed by this Code. If any ambiguity or conflict arises concerning the legal or illegal status of a nonconforming use or structure within the Tustin City Code, the provisions of Section 9273 shall prevail.

b

The City Manager and all other Enforcement Officers of the City have the authority and powers necessary to abate public nuisances and gain compliance with the provisions of this Code and applicable State codes. These powers include, but are not limited to, the power to enter and inspect public and private property and the authority to use whatever judicial and administrative remedies are available under this Code and any applicable State codes, including the issuance of administrative citations pursuant to Part 6 of this Chapter.

c

Pursuant to California Government Code Section 38773, the City has authority to judicially abate public nuisances by filing criminal or civil actions. The City also has the authority under State Law to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or 38773.5. Pursuant to California Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period for abatement of a public nuisance finding the owner, minor or other person responsible for a condition that may be abated, except for conditions abated pursuant to California Health and Safety Code section 17980, the court may order that person to pay treble the costs of abatement "Minor or other person" shall be defined as set forth in California Government Code Section 38772(d)(3).

d

There shall be no civil liability on the part of and no cause of action shall arise against any Enforcement Officer acting pursuant to this Chapter and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest which is lawful or which the enforcement officer at the time of such arrest had reasonable cause to believe was lawful. An Enforcement Officer shall not be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to affect the arrest or to prevent escape or to overcome resistance.

(Ord. No. 1358, Sec. 2, 11-4-08; Ord. No. 1397, Sec. 2, 11-15-11)

a

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

(1) An injunction or any other appropriate equitable remedy;

(2) Civil penalties in an amount not to exceed five hundred dollars ($500.00) per violation for each day, payable to the City, against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code;

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

(4) Award of attorneys' fees, where the city 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 City.

(Ord. No. 1358, Sec. 2, 11-4-08)