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.
(Ord. 828, 1990; Ord. 2002-987 § 1; Ord. 2005-1024 § 1; Ord. 2023-1228, 6/21/2023)