A.
General.
1.
Except as otherwise provided in this code, a violation of any provision of this code, or a violation of any permit or license issued under this code, may be charged as an infraction.
2.
A violation of any provision in Title 8 or 11 of this code, or any other provision specifically stating a violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion of the City Attorney.
3.
Nothing contained in this code abrogates the City Attorney's discretion to reduce any act chargeable as a misdemeanor under this chapter to an infraction if the City Attorney determines the reduction serves the interest of justice.
4.
Aiding and abetting. Whenever a provision of this code prohibits any act or omission, the provision also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or concealing of the act or omission. Any person who causes, permits, aids, abets, suffers, maintains, or conceals the act or omission is guilty of a violation of this code and subject to the punishment prescribed for the act or omission.
5.
Separate Violations. Each day during any portion of which a violation of this code is committed, continued, or permitted is a separate offense.
6.
A conviction or payment of a fine or penalty for any violation of this code does not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee, or other charge required by this code.
B.
Criminal Penalties.
1.
Misdemeanor. Except as otherwise provided in this code, a violation of this code determined to be a misdemeanor is punishable by a fine not exceeding $1,000.00, imprisonment in county jail for a term not exceeding six months, or both.
2.
Infraction.
a.
A violation of this code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (b).
b.
Notwithstanding any other law, a violation of a local building or safety code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (c).
c.
Notwithstanding any other law, a violation of Chapter 5.60, Short-Term Vacation Rentals, of this code that poses a threat to public health or safety is punishable by a fine as provided for in California Government Code Section 36900, subdivision (d). These enhanced fines apply to "short-term rentals" and "residential dwellings," as defined in California Government Code Section 36900, subdivision (d)(2) and (d)(3).
d.
A person fined for an infraction under California Government Code Section 36900, subdivision (b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California Government Code Section 36900, subdivision (e), may request a hardship waiver under that subdivision to reduce the amount of the fine.
C.
Civil Penalties. Any provision of this code may be enforced by a civil suit brought by the city, a civil injunction issued by the superior court, or any other civil legal or equitable remedy. As part of a civil action, the court may assess a civil penalty for each day the violator commits, continues, allows or maintains the violation. Civil penalties may also be issued administratively pursuant to Section 1.10.060 of this code.
(Ord. 1236 § 1, 1980; Ord. 1252 § 1, 1982; Ord. 5064 § 1, 1983; Ord. 6068 § 1, 1983; Ord. 1274 § 1, 1984; Ord. 1278 § 2, 1985; Ord. 5071 § 2, 1986; Ord. 1296 § 1, 1987; Ord. NS-70 § 1, 1989; Ord. NS-394 § 1, 1997; Ord. NS-811 § 4, 2006; Ord. NS-861 § 1, 2007; Ord. CS-090 § 2, 2010; Ord. CS-153 § 7, 2011; Ord. CS-211 § 1, 2013; Ord. CS-323 § 3, 2017; Ord. CS-374 § 2, 2020; Ord. CS-434 § 2, 2022)