A.
Any
violation of any provision of this code and adopted codes constitutes
a misdemeanor unless specifically designated as an infraction by this
code or prosecuted as an infraction in the discretion of the City
Attorney or City Prosecutor in the interest of justice.
B.
Except
as otherwise provided for in the Code, or in the City's bail schedule
as established by resolution of the City Council and which may be
amended from time to time, every violation determined to be an infraction
is punishable by:
C.
A violation
of local building and safety codes determined to be an infraction
is punishable by the following:
1.
A
fine not exceeding $130 for a first violation.
2.
A
fine not exceeding $700 for a second violation of the same ordinance
within one year.
3.
a.
A fine not exceeding $1,300 for each additional violation of the
same ordinance within one year of the first violation.
b.
A fine not exceeding $2,500 for each addition violation of the same
ordinance within two years of the first violation if the property
is a commercial property that has an existing building at the time
of the violation and the violation is due to failure by the owner
to remove visible refuse or failure to prohibit unauthorized use of
the property
D.
Notwithstanding sections B and C, a violation of short-term rental provisions of Section 3.36.060(F) that is an infraction is punishable by the following:
E.
The Director of Community Development, or designee, may grant a hardship waiver to reduce the amount of a fine pursuant to paragraphs 2 and 3 of subsection B or C and paragraph 1 of subsection D of Section 1.12.010 upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first notice of violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(Ord. 19-08, § 1; Ord. 23-06, 10/11/2023)
Any condition maintained, caused or permitted to exist in violation
of any provision of this code or any code adopted by reference by
this code or any ordinance of the City not included within this code,
or any such threatened violation, shall be deemed a public nuisance
that may be abated by the City.
(Ord. 19-08, § 1)
An enforcement officer shall have the authority to issue an administrative citation to any person as provided in Chapter 1.14 of this code.
(Ord. 19-08, § 1)
The remedies provided in this code and any other remedies provided
by the laws of this State are intended to be cumulative and not exclusive
and may be pursued individually, consecutively, or in conjunction
with each other.
(Ord. 19-08, § 1)
Each day any violation enumerated herein shall continue shall
constitute a separate offense.
(Ord. 19-08, § 1)
A.
The
prevailing party in any judicial action, administrative proceeding,
or special proceeding to abate a nuisance may recover its reasonable
attorney’s fees; provided, that the City elected, at the initiation
of such individual action or proceeding, to recover its own attorney’s
fees. In no judicial action or administrative or special proceeding
shall an award of attorney’s fees to a prevailing party exceed
the amount of reasonable attorney’s fees incurred by the City
in the action or proceeding. A "judicial action" includes, but is
not limited to, any civil action, inspection or abatement warrant
or appeal. An "administrative proceeding" includes, but is not limited
to, any public nuisance hearing, administrative citation or appeal(s)
therefrom, revocation of permits by the City, or cost recovery hearing.
Any recovery of attorney’s fees for abatement of a nuisance
shall be in accordance with this section.
B.
In addition
to recovery of any other costs as provided by this code, in any action
to abate a nuisance, except criminal proceedings, the City shall be
entitled to recover from the property on which the nuisance exists
and against the property owner and any other violators, jointly and
severally, all staff and administrative costs, including, but not
limited to, those incurred in investigations, inspections, enforcement
and providing any notice required by this code or State law.
(Ord. 19-08, § 1)
