Watsonville Municipal Code Ch. 2 Penalty Provisions

No person shall violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an infraction, unless a Code section specifically provides for a violation to be a misdemeanor. The City Attorney, however, shall have the discretion to file a criminal complaint, designating a violation an infraction although the Code specifically provides for the violation to be a misdemeanor. An infraction shall not be punishable by imprisonment, but any person convicted of an infraction under the provisions of this Code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars. Any violation which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of one or more violations of this Code within the six (6) month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

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 this Code is committed, continued, or permitted by such person and shall be punishable accordingly.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any approval, order, ordinance, permit, license, rule or regulation issued or adopted by any duly authorized body, officer or agent of the City in the manner provided by law shall be deemed a public nuisance and may be abated as such by the City; and each day such violation or condition continues shall constitute a new and separate offense.

(Amended by § 1, Ord. 372 C-M, eff. January 8, 1976, § 1, Ord. 875-91 C-M, eff. December 12, 1991, § 1, Ord. 920-93 C-M, eff. May 13, 1993, and § 1, Ord. 1438-22 (CM), eff. October 13, 2022)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the City Jail or County Jail.

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedies prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

The provisions of Section 836.5 of the Penal Code of the State of California authorize certain officers and employees of the City to issue written Notice to Appear and Release Citations for violations of this Code which such officers or employees have the duty to enforce. The following officers and employees are hereby designated and authorized to issue citations:

(a) Community Development Department.

(1) Director and designees.

(b) Police Department.

(1) Chief of Police and designees.

(c) Fire Department.

(1) Fire Chief and designees.

(d) Public Works and Utilities Department.

(1) Director of Public Works and Utilities and designees.

(e) Municipal Airport.

(1) Director and designees.

(§ 1, Ord. 499 C-M, eff. May 8, 1980, as amended by § 1, Ord. 922-93 C-M, eff. May 27, 1993, § 1, Ord. 1044-98 C-M, eff. February 12, 1998, § 1, Ord. 1150-02 C-M, eff. December 12, 2002, and § 1, Ord. 1408-20 (CM), eff. August 6, 2020)

(a) Any person who violates or fails to comply with, any provision of this Code shall be liable for a civil penalty not to exceed Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each violation or failure to comply. It shall be a separate offense for each and every day during any portion of which any violation of, or failure to comply with, any provision of this Code is committed, continued or permitted.

(b) Any person who constructs or converts a structure without a building or development permit required by any provision of this Code shall be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure or, in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion.

(c) The City Attorney is authorized to prepare and file a civil action on behalf of the City in any court of competent jurisdiction to recover the civil penalties provided in this section, and any penalties recovered by the City Attorney in excess of the total City costs of enforcement shall be deposited in the City’s general fund.

(d) The remedies and civil penalties provided by this section shall be in addition to any other remedies and penalties provided by law.

(§ 1, Ord. 795-89 C-M, eff. April 13, 1989)

Whenever the Building Official has knowledge of a violation of any provision of the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform Plumbing Code, or Uniform Housing Code as set forth in Title 8 of this Code, the Building Official may prepare and serve a notice of intent to record a notice of building code violation to the owner of the real property upon which the violation is located. Notice shall be provided by either personal service on the owner or posting on the real property and by mail to the address of the owner as shown on the latest assessment roll or any other address of the owner known to the Building Official. The notice shall state that within twenty (20) days of the date of the notice, the owner may request a meeting with the Building Official and City Attorney to present evidence that a violation does not exist. In the event that a meeting is not requested and the violation has not been corrected, or in the event that after consideration of evidence the Building Official and City Attorney determine that a building code violation in fact exists, the City Attorney may record a notice of building code violation in the office of the County Recorder. At the request of any affected real property owner, the City Attorney shall issue a notice of expungement of building code violation upon correction of any violation noticed hereunder. The notice of expungement may be recorded by the affected real property owner at his or her expense.

(§ 2, Ord. 785-89 C-M, eff. April 13, 1989)

The City may assess an administrative fine and/or cost for administration for failure to abide by a properly processed notice to abate a hazard or Code violation. In lieu of filing a criminal and/or civil action, the City Attorney is authorized to settle administratively any violation of this Code and to assess an administrative fine of not more than One Thousand and no/100ths ($1,000.00) Dollars for a misdemeanor and not more than Five Hundred and no/100ths ($500.00) Dollars for an infraction, for each separate violation, and/or assess the cost for administration, including, but not limited to, costs incurred for materials, personnel, equipment, inspection, investigation, administrative hearing and abatement, against any person who fails to abide by a notice to abate a hazard or Code violation.

(§ 1, Ord. 875-91 C-M, eff. December 12, 1991)

City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of this Code or applicable State codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

(§ 1, Ord. 1438-22 (CM), eff. October 13, 2022)

(a) The occupant of any premises upon which a violation of any provision of this Code exists, the owner of any object or material placed or remaining anywhere on the premises in violation of any provision of this Code, or the occupant of any premises where an excavation was made or a structure erected in violation of any provision of this Code shall be deemed prima facie responsible for the violation and subject to the penalties provided therefor.

(b) The owner of any property, building or structure within the City has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner(s) of such property, building or structure are separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(§ 1, Ord. 1438-22 (CM), eff. October 13, 2022)

In addition to any of the remedies, penalties and other methods of enforcement provided in this Code, the City Attorney is authorized to institute such legal proceeding or suit in equity as may be deemed necessary to abate, remove, remedy, enjoin or restrain any violation of this Code, and may apply to any court with jurisdiction to grant such relief as may be appropriate to abate, remove, remedy, enjoin or restrain such violation or to impose civil penalties as set forth in this chapter. Any provision of this Code may be enforced by injunction issued by the Superior Court of the State of California upon a suit brought by the City.

(§ 1, Ord. 1438-22 (CM), eff. October 13, 2022)

In any action, administrative proceeding, or special proceeding brought to abate a public nuisance or enforce any provision of this Code, the prevailing party will be entitled to recover attorneys’ fees; provided, that attorneys’ fees will only be available in those actions or proceedings in which the City elects at the initiation of any action or proceeding to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. The City may seek its attorneys’ fees and costs incurred after adoption of this section, for any action or administrative proceeding or special proceeding that is pending upon adoption of this section; provided, that the City makes the election to seek its attorneys’ fees and costs.

(§ 1, Ord. 1438-22 (CM), eff. October 13, 2022)

The remedies provided in this chapter shall be cumulative and not exclusive.

(§ 1, Ord. 1438-22 (CM), eff. October 13, 2022)