The provisions of this chapter represent the general means and
methods by which the city may secure compliance with the provisions
of this code and city approvals, permits or licenses. The city may
use any available legal remedy to secure compliance. Multiple enforcement
remedies may be used to achieve compliance with respect to persons
who commit continuing violations.
(Ord. 340 § 1, 2006)
A. It is
unlawful for any person to violate any provision or to fail to comply
with any requirement of this code.
B. Whenever
in this code any act or omission is made unlawful, it includes causing,
permitting, aiding, abetting, maintaining, suffering or concealing
the fact of such act or omission.
C. Any
person violating any of the provisions of this code may be prosecuted
as an infraction punishable by fine, or as a misdemeanor and punishable
by fine or imprisonment, or both, in accordance with
Government Code
Section 36900, et seq., unless the offense is specifically classified
in this code or by state law as an infraction. All violations shall
be a misdemeanor unless made an infraction by: (1) the city attorney
filing a complaint in the municipal court specifying that the offense
is an infraction; or (2) the issuing of a citation by an officer specifying
that the violation is an infraction; or (3) the city attorney making
a motion in court to reduce a misdemeanor to an infraction if such
motion is made prior to the trial on the matter.
D. Each
day that any condition caused or permitted to exist in violation of
this code constitutes a new and separate violation.
E. The
owner of any property, building or structure within the city is responsible
for keeping such property, building or structure free of violations
related to its use or condition. The owner of such property, building
or structure is separately liable for violations committed by tenants
or occupants relative to the use or condition of the property.
F. The
penalty provided in this section is in addition to other provisions
of this code or other law.
(Ord. 340 § 1, 2006; Ord. 373 § 1, 2009)
Pursuant to California
Penal Code Section 836.5, city code compliance officers, as defined in Section
1.16.020, are authorized to issue criminal citations following the procedures set forth in California
Penal Code Sections 853.5 through 853.6a, or such other procedures as the state of California may subsequently enact.
(Ord. 340 § 1, 2006)
Pursuant to California
Government Code Section 36900, the city
attorney may prosecute any violation of this code in the name of the
people of the state of California.
(Ord. 340 § 1, 2006)
Any person convicted of a misdemeanor for the violation of this
code may be punished by the maximum fine or by imprisonment as established
by
Government Code Section 36901, or by the imposition of both such
fine and imprisonment.
(Ord. 340 § 1, 2006; Ord. 373 § 2, 2009)
Any person convicted of an infraction for the violation of this
code, including any person convicted of an infraction for a violation
of any city building or safety code, may be punished by the maximum
fines permitted by
Government Code Section 25132 and 36900 et seq.
(Ord. 340 § 1, 2006; Ord. 373 § 3, 2009; Ord. 515 § 10, 2023)
In addition to the penalties provided in this chapter, any condition
caused or permitted to exist in violation of this code is deemed a
public nuisance and may be abated as such by the city in any manner
provided by law or in this code for the abatement of a nuisance.
(Ord. 340 § 1, 2006)
Upon a finding by a city official vested with the authority to enforce the provisions of this code that a violation exists, such official may issue an administrative citation under Chapter
1.16.
(Ord. 340 § 1, 2006)
The city attorney, at the direction of the city council, may
institute an action in any court of competent jurisdiction to restrain,
enjoin or abate any condition found to be in violation of this code
or any approval, order, rule or regulation issued by any duly authorized
officer or agent of the city in the manner provided by law. The prevailing
party in any such civil action will be entitled to recovery of attorneys'
fees and costs incurred in such action.
(Ord. 340 § 1, 2006)