It is the intent of this chapter to assure compliance with the provisions of Titles
16,
17, and
18 of the Claremont Municipal Code.
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No person, firm or corporation, whether as principal, agent,
employee or otherwise, shall violate, cause the violation of, or otherwise
fail to comply with any of the requirements of Titles 16, 17, and
18. Unless a different penalty is prescribed for violating a specific
provision of these titles, 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.
Each person, firm or corporation shall be deemed guilty of a
separate crime for each and every day during any portion of which
any violation of any provision of these titles is committed, continued,
or permitted by such person, firm or corporation, and shall be punishable
as provided in this section.
Every misdemeanor offense shall be punishable by a fine of not
more than $1,000, or by imprisonment for a term not to exceed six
months, or by both such fine and imprisonment. Every offense in these
titles prosecuted as an infraction shall be punishable by a fine not
exceeding $100 for the first offense, a fine not exceeding $200 for
the second offense of the same provision within one year, and a fine
not exceeding $500 for each additional offense of the same provision
within one year.
As used in this section, the term "year" means any consecutive
twelve-month period. As used in this section, the term "offense" includes
any violation of these titles which is cited or charged and which
does not result in:
B. A
finding of "not guilty";
C. A
dismissal of charges by the City or the court.
In addition to the penalties provided in this section, any condition
caused or permitted to exist in violation of any of the provisions
of these titles is hereby declared a public nuisance, and may be abated
by civil proceedings such as restraining orders, civil injunction,
abatement proceedings or the like.
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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.
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Formal rules of evidence or procedure which are followed in
court shall not be applied to hearings before the Council or commission.
No action, inaction or recommendation regarding any planning or zoning
matter by either the Council or commission or any staff member shall
be held void or invalid or be set aside by any court on the ground
of the improper consideration or rejection of evidence or by reason
of any error or otherwise in any of the administrative or legislative
procedures so long as such error was not prejudicial or injurious
to the complainant and the omission of such error would not have afforded
a different decision by the Council, commission or staff.
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The following individuals shall enforce the provisions of Titles
16,
17, and
18: the Director of Community Development; the Director's designees; the code enforcement officers of the Community Development Department who are designated and trained in accordance with Section
16.406.020 of this chapter; and, the City employees authorized to issue parking citations who are designated in accordance with Section
16.406.020 of this chapter.
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