Vallejo Municipal Code Ch. 1.12 General Penalty

A. Unless otherwise specifically provided, any person, firm or corporation violating any provisions or failing to comply with any of the mandatory requirements of the ordinances of the city is guilty of either a misdemeanor or an infraction as defined in the California Penal Code, at the discretion of the code enforcement officer or the city attorney, as applicable. Any person convicted of an infraction under the ordinances of the city shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. Any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. In addition to the above penalties the court may order that the responsible party reimburse the city for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party; the court shall fix the amount of any such reimbursement upon submission of proof of such costs by the city.

B. Each such person, firm or corporation is guilty of a separate offense for each and every day during any portion of which any violation of the ordinances of the city is committed, continued or permitted by any such person, and shall be punished accordingly.

C. Nothing contained in this section prevents redress of any violation of the ordinances of the city by civil action.

(Ord. 1479 N.C.(2d) § 1 (part), 2002: Ord. 347 N.C.(2d) § 1, 1976: Ord. 172 N.C.(2d) § 1, 1973; Ord. No. 1771 N.C. (2d) , § 1, 9-26-2017)

A. Any use of property contrary to the provisions of any of the ordinances of the city is, and is declared to be, unlawful and a public nuisance. The authorized legal representative of the city may commence actions and proceedings to abate such uses in the manner provided by law. He or she also may apply to any court to grant relief that will abate or remove such a property use; that application may include an action for enforcement by injunction commanding persons, firms, or corporations to restrain from using property contrary to the ordinances of the city, or to take appropriate action to abate such property uses.

B. Whenever a court of competent jurisdiction finds that any person, firm or corporation has used property in violation of the ordinances of the city, in addition to all other remedies, such a court shall impose a civil penalty upon such a person, firm or corporation of two hundred and fifty dollars for each and every day during any portion of which any violation of the ordinances of the city is committed, continued or permitted by any such person, firm, or corporation.

C. In addition to all other remedies and cost recovery provided by law, any person, firm or corporation who has used property contrary to the provisions of any of the ordinances of the city, shall be liable to the city for the expenses incurred in detecting, investigating, and abating the violation, including the costs of monitoring compliance.

D. Any person, firm or corporation who violates any provision of this code shall be liable to the city for the city's reasonable attorneys' fees and costs incurred to remedy such violation or enforce such person's compliance with this code, including recovery of the city's reasonable attorneys' fees and costs in bringing an action or proceeding to enforce an administrative determination or court order against such person. This section does not apply to public nuisance abatement actions for which attorneys' fees are authorized under subsection (E) of this section.

E. In any action or proceeding brought by the city to abate a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys' fees; provided that, pursuant to Government Section 38773.5, attorneys' fees shall only be available in an action or proceeding in which the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees.

F. The remedies provided for in this code are cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

G. The provision for any remedy under any other chapter or section of this code shall not affect or diminish the applicability or availability of any relief or remedy under this section.

(Ord. 1479 N.C.(2d) § 1 (part), 2002: Ord. 1128 N.C.(2d) § 1, 1990.)

(Ord. No. 1655 N.C.(2d), § 1, 10-11-2011; Ord. No. 1771 N.C. (2d), § 2, 9-26-2017)

Upon entry of a second or subsequent civil or criminal judgment finding that person, firm or corporation is responsible for maintaining a nuisance or a condition that was previously ordered to be abated in accordance with state law or any section of this code, the court may order that such person, firm or corporation to pay treble the costs of the abatement.

(Ord. 1214 N.C.(2d) § 1, 1992.)

(Ord. No. 1771 N.C. (2d), § 3, 9-26-2017)