Violations of this code are hereby declared to be infractions
except that notwithstanding any other provision of this code or state
law, any such violation may, in the discretion of the prosecuting
attorney, be charged and prosecuted as a misdemeanor. A conviction
of an infraction shall only be punishable by fine as follows: upon
a first conviction, a fine not exceeding one hundred dollars by a
fine not exceeding two hundred dollars for the second conviction within
one year, and by a fine of not exceeding five hundred dollars for
any subsequent conviction for within one year. Any person convicted
of a misdemeanor shall be punishable by a fine of not more than one
thousand dollars, or by imprisonment not to exceed six months, or
both. Each person in violation of this code shall be guilty of 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 any such person, and shall be punished accordingly.
(Ord. 03-1 § 2)
The city manager is authorized to issue a notice of administrative violation under the circumstances more fully described in Chapter 19.20 of this code.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Upon issuance of an order of abatement, the city manager is
authorized to record a "certificate of nuisance" against the property
on which the public nuisance exists declaring the existence of the
nuisance and describing the public nuisance. In any case where such
a certificate has been recorded and the nuisance is later abated,
a notice shall be promptly recorded declaring the nuisance abated.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that a property owner is responsible
for a condition that may be abated in accordance with the provisions
of this chapter, except for conditions abated pursuant to Section
17980 of the Health and Safety Code, a court may order the owner to
pay treble the costs of the abatement, as authorized by Government
code Section 38773.7. Costs of abatement shall include, without limitation
by reason of enumeration, all administrative costs of the city.
(Ord. 03-1 § 2)
The city manager may seek such civil penalties and other relief
as may be awarded under the provisions under the unfair competition
laws commencing at Section 17200 of the Business and Professions Code.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
The city manager may seek a court order that the owner not claim
any deduction with respect to state taxes for interest, taxes, expenses,
depreciation or amortization paid in association with the cited dwelling
in accordance with the provisions of Health and Safety Code Section
17980.7(b) and Revenue and Taxation Code Sections 17274 and 24436.5.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Under the state housing law, a person convicted of maintaining
a substandard building for two or more times within a five-year period
may be punished by a fine not exceeding five thousand dollars and
imprisonment not exceeding six months. Under certain circumstances,
a repeat offender may be punished by imprisonment of not less than
six months and not more than one year.
(Ord. 03-1 § 2)
