Ventura Municipal Code Art. 10 Enforcement

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this act shall be guilty of a misdemeanor. Any person convicted of such a misdemeanor, unless provision is otherwise made herein, shall be punishable by a fine of not more than $500.00, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.

B. As an alternative to the penalty provided above, violation of or failure to comply with any provision of or condition lawfully imposed under this act may be deemed to constitute an infraction as provided in Section 17 of the California Penal Code, and penalties for such infractions shall be as set forth in Subdivision 19e of the Penal Code.

C. Any person who causes any other person to violate any provision of this act, or who aids or abets any other person in the violation of any provision of this act, shall be equally subject to the provisions of this section. (Code 1971, § 9.190.010)

A. Any person who makes an unlawful contribution or expenditure in violation of this act shall be liable in a civil action brought by the city attorney or, in the case of a conflict of interest on the part of the city attorney, an attorney retained by the city on the city attorney’s recommendation, or by or on behalf of a person residing within the city, for an amount not more than three times the amount of the unlawful contribution or expenditure. Any person who violates any other provision of this act shall be liable in a civil action brought as set forth herein for an amount not more than $5,000.

B. If two or more persons are responsible for any violation, they shall be jointly and severally liable.

C. Any person, before filing a civil action pursuant to this section, shall first file with the city attorney a written request for the city attorney to commence action. The request shall contain a statement of the grounds for believing the cause of action exists. The city attorney shall respond within 40 days after receipt of the request indicating whether the city attorney intends to file a civil action. (In the case of a conflict of interest on the part of the city attorney, independent counsel shall be retained to formulate this response.) If the city attorney or, when applicable, independent counsel indicates in the affirmative and files a suit within 40 days thereafter, no other action may be brought unless the action brought by the city attorney or independent counsel is dismissed without prejudice.

D. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the entire amount shall be paid into the general fund of the city.

E. No civil action alleging a violation of any provision of this act shall be filed more than one year after the date the violation occurred. (Code 1971, § 9.190.020; Ord. No. 2004-023, § 12, 12-13-04)

The city or any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this act. (Code 1971, § 9.190.030; Ord. No. 2004-023, § 13, 12-13-04)

The court may award to a plaintiff, or a defendant, other than the city, who prevails in any action authorized by this act, the costs of litigation, including reasonable attorneys’ fees. (Code 1971, § 9.190.040; Ord. No. 2004-023, § 14, 12-13-04)

In addition to any other penalties prescribed by law, if an official receives a contribution violative of this act, the official shall not be permitted to make, participate in making or in any way attempt to use the official’s official position to influence any governmental decision in which the contributor has a financial interest. The provisions of Government Code Section 87100 et seq. and the regulations of the Fair Political Practices Commission shall apply to interpretations of this section. (Code 1971, § 9.190.050)