Yuba County Municipal Code Art. 4 Penalties and Procedures

Except as set forth in Section 7.36.440(c), each person violating this Chapter 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 any such person. Any violation which persists for more than one day is deemed a continuing violation for the purpose of this Chapter.

(Prior Code, § 7.36.410; Ord. No. 1303)

In addition to the Abatement Costs and Administrative Costs assessed against the owner or occupier of real property upon which a nuisance has been determined to exist, and in addition to any other fee or penalty imposed by this Code or by law, except where administrative penalties are not applicable as set forth in Section 7.36.770, any person who permits or causes a nuisance as described in Section 7.36.310 of this Chapter to exist may be required to pay an administrative penalty pursuant to Article 7 as follows:

(1) A penalty not exceeding $100.00 per day for a first violation of the provisions of this Code as set forth in the notice and order to abate;

(2) A penalty not exceeding $200.00 per day for a second and separate violation of the same provisions of this Code as set forth in the original notice and order to abate within the one year period immediately preceding the commission of the second violation;

(3) A penalty not exceeding $500.00 per day for each subsequent violation of the same provisions of this Code as set forth in the original notice and order to abate within the one year period immediately preceding the commission of the current violation.

(4) In the event that the use or structure in violation may be permitted with an appropriate permit, a minimum of two times and up to a maximum of five times the amount of the standard fee for such permit. The amount of the penalty shall be determined by the cognizant Department or Departments after taking into account the facts and circumstances of the violation, including, but not limited to, the length of time the violation has existed; the culpability of the person in violation or the willfulness of the violation; the extent of the violation and its effect on adjoining properties; and attempts, if any, to comply with the applicable ordinances.

(5) The penalties shall accrue upon the expiration of the time to remedy the violation set forth in the notice and order to abate; provided, however, that penalties shall be stayed during the pendency of a hearing requested pursuant to Sections 7.36.625(d) and 7.36.628 until the abatement period provided by Section 7.36.640(a)(2) has expired. Except for the period during which the penalties are stayed, the penalties shall continue to accrue through to abatement, by whatever means, of the public nuisance.

(Prior Code, § 7.36.420; Ord. No. 1303; Ord. No. 1458)

State Law reference— Administrative penalties, Government Code § 53069.4.

(a) It is unlawful for any person to permit a public nuisance to exist upon real property in which such person has an ownership or possessory interest.

(b) Except as hereinafter provided, whenever any provision of this Code provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act, or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction punishable by imposition of the following fines:

(1) Upon a first conviction a fine not to exceed $100.00.

(2) Upon a conviction of violating any provision of this Code, and the offense occurred within one year of a separate violation of the same provision of this Code which resulted in a conviction, a fine of $200.00. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior conviction shall be alleged on the citation or complaint and either admitted or proven.

(3) Upon a conviction of violating any provision of this Code and the offense occurred within one year of two or more separate violations of the same provision of this Code which resulted in convictions, a fine not to exceed $500.00. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior convictions shall be alleged on the citation or complaint and either admitted or proven.

(c) Each day a separate offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of this Code constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation. Notwithstanding the foregoing, a second citation shall not be issued until the alleged violator has been provided a ten-day period within which to correct the alleged violation unless the violation creates an immediate threat to the public health or safety.

(d) Misdemeanors. Any violation of any provision of this Code occurring within one year of three or more separate violations of the same provision of this Code which results in convictions may be charged as a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in a County Jail for not more than, six months or by both that fine and imprisonment. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior convictions shall be alleged on the citation or complaint and either admitted or proven at trial.

(Prior Code, § 7.36.440; Ord. No. 1303)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

As authorized by Government Code § 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Health and Safety Code § 17980, the court may order the owner to pay treble the costs of abatement.

(Prior Code, § 7.36.450; Ord. No. 1303)