It is unlawful for any person to perform any act that is prohibited,
made or declared to be unlawful or an offense by this code, or to
violate any provision or fail to comply with any of the requirements
of this code. A violation of any of the provisions or failing to comply
with any of the mandatory requirements of this code shall constitute
a misdemeanor except:
A. When
the violation of a provision of this code is specifically declared
to be an infraction, or
B. Notwithstanding
any other provision of this code, any violation constituting a misdemeanor
under this code may, in the discretion of the City Attorney, be charged
and prosecuted as an infraction. Except as otherwise provided, each
and every day that any violation of this code shall continue shall
constitute a separate offense. The person committing or permitting
such offenses may be charged with separate offenses for each such
violation and punished accordingly.
(Ord. 3137, §1, 1966; Ord. 4067, 1980; Ord. 4562, 1989)
Unless otherwise specified in this code, a misdemeanor is punishable
by a fine not exceeding $1,000.00, imprisonment for a term not exceeding
six months, or by both such fine and imprisonment.
(Ord. 4067, 1980; Ord. 4408, 1986)
Unless otherwise specified by this code, an infraction is punishable
by: (1) a fine not exceeding $100.00 for a first violation; (2) a
fine not exceeding $200.00 for a second violation for the same chapter
of this code within one year; and (3) a fine not exceeding $250.00
for each additional violation of the same chapter of this code within
one year.
(Ord. 4067, 1980; Ord. 4326, 1985)
In addition to the penalties and other methods of enforcement
provided herein, any condition caused or permitted to exist in violation
of any provision of this code shall be deemed a public nuisance and
may be, by this City, summarily abated as such. The City Attorney
shall be authorized to commence actions and proceedings for abatement,
removal or enjoinment thereof in the manner provided by law, shall
take such other steps as necessary and shall apply to any court as
may have jurisdiction to grant relief for such abatement, removal
or enjoinment. Each day that such condition continues shall be regarded
as a new and separate offense.
(Ord. 3137 §1, 1966; Ord. 4067, 1980)
Any person who violates any provision of this code may be liable
for a civil penalty not to exceed $250.00 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. 4137, 1982)
Unless otherwise expressly provided, the remedies and penalties
provided by this chapter are cumulative to each other and to the remedies
or penalties available under other laws.
(Ord. 4137, 1982)
In any civil action filed pursuant to this chapter, the prevailing
party shall be entitled to recover reasonable attorneys' fees and
costs; provided, that, pursuant to
Government Code Section 38773.5,
attorneys' fees shall only be available in an action or proceeding
in which the City has elected, at the commencement of such action
or proceeding, to seek recovery of its own attorneys' fees. In no
action or 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. 5834, 2018)