(a) 
All violations of this Code are a misdemeanor, unless made an infraction by ordinance; provided, however, that City shall have the prosecutorial discretion to cite misdemeanor violations of this Code as an infraction
(b) 
Violations of provisions determined to be an infraction under the provisions of this Code, or any code adopted by reference by this Code, shall be punished by:
(1) 
A fine not exceeding $100 for a first violation;
(2) 
A fine not exceeding $200 for a second violation of the same provisions within one year; and
(3) 
A fine not exceeding $500 for each additional violation of the same provisions within one year.
(b.1) 
Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction under this Code are punishable by:
(1) 
A fine not exceeding $130 for a first violation;
(2) 
A fine not exceeding $700 for a second violation of the same ordinance within one year;
(3) 
A fine not exceeding:
(A) 
One thousand three hundred dollars for each additional violation of the same ordinance within one year of the first violation.
(B) 
Two thousand five hundred dollars 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.
(c) 
Any person who violates a provision of this Code not specifically deemed an infraction by this Code shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
(d) 
Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued or permitted by such person and shall be punishable accordingly.
(e) 
In addition to the penalties provided by this section, or elsewhere in this Code, or in any code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense.
(f) 
In any civil action, administrative proceeding or special proceeding commenced by the City to abate a public nuisance, to enjoin a violation of any provision of this Code, or to collect a civil debt owing to the City, the prevailing party shall be entitled to recover from the defendant in any such action reasonable attorney's fees and costs of suit. Provided, however, that recovery of attorney's fees shall be limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. Provided further, that in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Ord. 85-1095 § 2, eff. 3/19/85; Ord. 2004-01, eff. 2/20/04; Ord. 2007-08, eff. 7/5/07; Ord. 2022-04, eff. 7/6/22)
Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
(a) 
Where a judgment imposes a punishment of a fine not exceeding one hundred and no/100ths dollars ($100.00) in the case of a first offense; or
(b) 
When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(c) 
When the City Attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
(Ord. 85-1095 § 2, eff. 3/19/85; Ord. 2010-03, eff. 5/20/10)
Any person who violates any provision of this Code shall be liable to the City for a civil penalty not to exceed $250 for each day or part thereof that said violation occurs. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City.
(Ord. 2008-12, eff. 7/31/08)