A. It is unlawful for any person to violate a provision of this code,
to advertise an activity that violates a provision of this code, or
to fail to comply with a requirement of this code. Violating a provision
of this code, advertising an activity that violates a provision of
this code, or failing to comply with a mandatory requirement of this
code is a misdemeanor. Notwithstanding any other provision of this
code, a violation that is a misdemeanor may, in the discretion of
the attorney having prosecutorial functions, be charged and prosecuted
as an infraction. Notwithstanding any other provision of this code,
a violation of a provision relating to parking, operation of bicycles,
operation of motor vehicles, or the use of freeways, highways and
streets by animals, bicycles, motor vehicles or pedestrians is an
infraction.
B. Any person convicted of a misdemeanor under the provisions of this
code, unless provision is otherwise made in this code, is punishable
by a fine of not more than $1,000.00, or by imprisonment in the County
Jail for a period of not more than six months, or by both fine and
imprisonment.
C. Any person convicted of an infraction under the provisions of this
code, unless provision is otherwise made in this code, is punishable
by fine only as follows:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance
within one year;
3. A fine not exceeding $500.00 for each additional violation of the
same ordinance within one year.
4. A person may request a hardship waiver under
Government Code Section
36900(e) which, if granted, may reduce the amount of the fine issued
pursuant to Section 1.12.010(C)(2) or (C)(3) above upon a showing
by the responsible person that the responsible person has made a bona
fide effort to comply after the first violation and that payment of
the full amount of the fine would impose an undue financial burden
on the responsible person.
D. Any infraction violation of the City's regulations concerning short-term rentals, as defined by Section
19.04.692, which poses a threat to public health or safety, is punishable by the following:
1. A fine not exceeding $1,500.00 for a first violation.
2. A fine not exceeding $3,000.00 for a second violation for the same
ordinance within one year.
3. A fine not exceeding $5,000.00 for each additional violation of the
same ordinance within one year of the first violation.
4. The fines described herein shall not apply to a first time offense
of failure to register or pay a business license fee for short term
rentals.
5. A person may request a hardship waiver under
Government Code Section
36900(e) for which, if granted, may reduce the amount of the fine
upon a showing by the responsible person that the responsible person
has made a bona fide effort to comply after the first violation and
that payment of the full amount of the fine would impose an undue
financial burden on the responsible person.
E. Any violation of local building and safety codes determined to be
an infraction is punishable by the following:
1. A fine not exceeding $130.00 for a first violation.
2. A fine not exceeding $700.00 for a second violation of the same ordinance
within one year.
3. A fine not exceeding $1,300.00 for each additional violation of the
same ordinance within one year of the first violation.
4. A fine not exceeding $2,500.00 for each additional violation of the
same ordinance within two years of the first violation if the property
is a commercial property that has an existing building at the time
of the violation and the violation is due to failure by the owner
to remove visible refuse or failure to prohibit unauthorized use of
the property.
5. A person may request a hardship waiver under
Government Code Section
36900(e) which, if granted, may reduce the amount of the fine issued
pursuant to Subsection (E)(2) or (E)(3) above upon a showing by the
responsible person that the responsible person has made a bona fide
effort to comply after the first violation and that payment of the
full amount of the fine would impose an undue financial burden on
the responsible person.
F. Each such person shall be charged with a separate offense for each
and every day during any portion of which a violation of any provision
of this code is committed, continued or permitted by such person,
and shall, upon conviction, be punished accordingly.
G. In addition to the penalties provided in this section, any condition
caused or permitted to exist in violation of any of the provisions
of this code shall be deemed a public nuisance, and may be summarily
abated as such by this City; and each day that such condition continues
shall be regarded as a new and separate offense.
H. A violation of this code may be subject to an administrative citation issued under Chapter
1.22 of this code.
(Ord. 828, 1990; Ord. 2002-987 § 1; Ord. 2005-1024 § 1; Ord. 2023-1228, 6/21/2023)
Every person who refuses the request of a public officer, including
a peace officer, to provide his or her name and address in order that
such officer may issue the person a citation for a violation of a
provision of this code, or who refuses to sign such citation acknowledging
its receipt, is guilty of a misdemeanor.
(Ord. 828, 1990)
A. Any
person or organization violating any provision of this code, or rules
and regulations adopted thereunder, or the conditions of any permit
issued pursuant to such ordinance, rule or regulation, or by any act
of commission or omission procures, aids or abets such violation,
shall be subject to civil penalties as provided in this chapter.
B. Civil penalties may be directly assessed by means of a notice and order issued pursuant to Title
8,
15, or
19, or may be recovered by legal action. The notice and hearing procedures in Chapter
1.16 apply.
C. Civil
penalties assessed by means of notice and order shall be collected
in accordance with the lien, personal obligation and other procedures
specified in this code. Civil penalties assessed in a legal action
shall be collected in the same manner as judgments in civil actions.
D. Where
the conduct constituting a violation is of a continuing nature, each
day of such conduct is a separate and distinct violation. Civil penalties
for failure to obtain any required permit shall begin to accrue on
the first day activity subject to the permit requirement is commenced,
and shall cease to accrue on the day the permit is obtained. Civil
penalties for violation of any order to cease violation or notice
and order to correct shall begin to accrue on the first day such order
or notice is posted, and shall cease on the day the violation is actually
stopped.
E.
1. A
civil penalty for a violation of any ordinance, rule or regulation
by a person engaged in a non-commercial venture shall be assessed
at the rate of $50.00 per day per violation.
2. A
civil penalty for a violation of any ordinance, rule or regulation
by a person engaged in a commercial venture shall be assessed at the
rate of $100.00 per day per violation.
F. Penalties for the second separate violation of a like nature by the same person shall be double the rates identified in subsection
E of this section. Penalties for any separate violation of a like nature beyond a second violation by the same person shall be triple the rates identified in subsection
E.
(Ord. 828, 1990; Ord. 94-886 § 2; Ord.
98-31 § 1; Ord. 2003-1000 § 1; Ord. 2010-1109 §
1)
Every person who testifies, declares, deposes or certifies under
penalty of perjury, where such is required to comply with the provisions
of this code or by direction of the officers of the City, who willfully
states as true any material matter which such person knows to be false,
is guilty of perjury. Any person guilty of perjury under this section
shall be subject to the laws of the State of California for the crime
of perjury.
(Ord. 828, 1990)