A.
Whenever
in this code, ordinance, or regulation, any act is required to be
performed, or prohibited, or is not a permitted use within a zoning
district, or is declared to be unlawful, and no specific penalty is
provided for, the penalty shall be punishment by either a fine not
exceeding $1,000 per occurrence, or imprisonment in the County Jail
for a term not exceeding six months, or by both such fine and imprisonment
(misdemeanor), or as an infraction, with a fine not to exceed the
amount set forth in California Government Code Section 25132 per violation.
The penalty imposed for a conviction under this section may include
probation and/or conditional sentence.
B.
The code enforcement officer(s) of the county is/are authorized to issue citations pursuant to subsection A of this section.
(1)
The director of environmental health, and the director of health
services are each authorized to issue citations involving matters
under the jurisdiction of the division of environmental health, department
of health services.
(2)
Violations of the county code which are under the jurisdiction of
the division of environmental health, department of health services,
may be processed under the procedures set forth in this article or
under other provisions of law, subject to the discretion of the director
of environmental health, or the director of health services.
C.
Civil
Penalty. In addition to any other penalty provided, any person who
wilfully violates any of the provisions of this code shall be liable
for civil penalties of up to $500 per day per violation for each day's
violation of this code, ordinance, or regulation, not to exceed a
total civil penalty of $100,000 per violation and not to exceed a
total for all violations of $250,000.
(1)
This penalty shall be recovered in a civil action brought by the
Placer County counsel or the Placer County district attorney.
(2)
The provisions of this subsection shall be applicable to all violations,
and each day's violation thereof, of any offense committed after the
effective date of the ordinance codified in this subsection.
(3)
As to offenses committed prior to the effective date of this subsection,
the provisions of said ordinance shall be applicable to continuing
violations thereof which occur from and after the effective date of
said ordinance.
D.
Each
day's violation of this code, ordinance or regulation, shall constitute
a separate and distinct offense.
E.
When
pronouncing sentence on any matter involving a violation of this code,
the court is authorized, as a condition of sentence or condition of
probation, to award costs of enforcement in addition to any fines
imposed, and/or to order that the property be brought into compliance
with all applicable laws, and/or such other orders as the court may
deem proper.
F.
The
remedies enumerated in this section are cumulative and in addition
to any and all other remedies provided by law.
(Prior code § 1.7; Ord. 5006-B, 1999; Ord. 6219-B, 9/26/2023)
