A.
It is
unlawful for any person to violate any provision or to 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 requirements
of this code shall be guilty of a misdemeanor, except where it has
been provided by State law or this code that the violator shall be
guilty of an infraction. Any person convicted of a misdemeanor under
the provisions of this code shall be punishable by a fine of not more
than $1,000.00, or by imprisonment in the County Jail for a period
not exceeding six months, or by both such fine and imprisonment.
B.
Any
person convicted of an infraction, shall be punishable by a fine only
as follows: Upon a first conviction, by a fine not exceeding $100.00,
by a fine not exceeding $250.00 for a second violation of the same
ordinance within one year, and for a third conviction or subsequent
conviction within a period of one year, by a fine not exceeding $500.00.
C.
Violation of any of the provisions of Title 10 of this code shall be deemed to be an infraction unless otherwise provided in such chapters.
D.
Notwithstanding
the above provisions, a violation of any provision of this code is
an infraction when the prosecutor files a complaint charging the offense
as an infraction.
(Prior code § 1-010)
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, continues, maintained or permitted by such
person and shall be punishable accordingly.
(Prior code § 1-010.1)
It is the intent of the City Council of the City that any Municipal
Code provision establishing performance standards or establishing
an obligation to act by a City officer or employee, shall not be construed
as creating a mandatory duty for purposes of tort liability, if the
officers or employees fail to perform their directed duty or duties.
(Prior code § 1-010.2)
A.
In addition
to any other remedy provided by this code, any provision of this code
may be enforced by injunction issued by the Superior Court upon a
suit brought by the City of Stockton.
B.
As part
of a civil action filed to enforce provisions of this code, a court
may assess a maximum civil penalty of $1,000.00 (up to a maximum total
of $100,000.00 per violation of the Municipal Code) for each day during
which any person commits, continues, allows or maintains a violation
of any provision of this code.
(Prior code § 1-010.3)
Pursuant to State law, the City has the authority to judicially
abate public nuisances by filing criminal or civil actions. The City
also has the authority to make the expense of abatement of the nuisance
a special assessment, or a lien against the property on which it is
maintained and/or a personal obligation against the responsible person.
(Prior code § 1-010.4)
Pursuant to State law, upon the entry of a third or subsequent
civil or criminal judgment within a two year period that finds the
same person responsible for a condition that may be abated pursuant
to this code, a court may order the responsible party to pay treble
the costs of the abatement.
(Prior code § 1-010.6)
