No person, whether as principal, agent, employee or otherwise,
shall violate, cause the violation of, or otherwise fail to comply
with any of the requirements of this Code. Unless a different penalty
is prescribed for violation a specific provision of this Code, every
act prohibited or declared unlawful, and every failure to perform
an act made mandatory, shall be a misdemeanor or an infraction, at
the discretion of the City Attorney or the district attorney.
In addition to the penalties provided in this chapter, any condition
caused or permitted to exist in violation of any of the provisions
to exist in violation of any of the provisions of this Code is declared
a public nuisance, and may be abated by civil proceedings such as
restraining orders, civil injunctions, abatement proceedings or the
like. The expense of such abatement proceedings may, by resolution
of the City Council, be declared to be a lien against the property
on which such nuisance is maintained, and such lien shall be made
the personal obligation of the property owner.
(89-16)
Each person shall be deemed guilty of a separate crime for each
and every day during any portion of which any violation of any provision
of this Code is committed, continued or permitted by such person,
firm or corporation and shall be punishable accordingly.
(89-16)
Persons who violate this Code may be cited by the City police
officers, the City code enforcement officials, and/or City parking
enforcement officials in accordance with the authority granted in
this Code. In addition, persons who violate this Code may be charged
by the City Attorney or the district attorney. Also, any violation
of this Code may be dealt with by civil action such as restraining
orders, injunctions, abatement proceedings, and the like.
No person shall interfere with, oppose or resist an authorized
person charged with the enforcement of this Code while such person
is engaged in the performance of his or her duty.
(89-16)
Any activity, object, establishment, property, or facility operated,
conducted, or maintained contrary to the provisions of the Claremont
Municipal Code or State or Federal law or regulation shall be, and
the same is hereby declared to be, unlawful and a public nuisance.
The City Attorney or other legal counsel retained by the City for
that purpose may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings,
for the abatement, removal, and enjoinment of such violations in the
manner provided by law, and shall take such other steps and shall
apply to such court or courts as may have jurisdiction to grant such
relief as will abate or remove such violations and restrain and enjoin
any person from conducting activities constituting such a public nuisance.
If the City elects at the initiation of a public nuisance action to
seek the recovery of its own attorney's fees, the prevailing party
in any such action shall be entitled to recover all of its reasonable
costs and expenses incurred with respect to said action, including,
without limitation, its costs of investigation and discovery, attorneys'
fees, and expert witness fees.
(18-02)