A.
No person
shall violate any provisions, or fail to comply with any of the requirements
of this code or any condition of any permit or license approved pursuant
to any provision of this code. Any person violating any of the provisions
or failing to comply with any of the requirements of this code or
any condition of any permit or license approved pursuant to any provision
of this code shall be guilty of a misdemeanor unless such violation
or failure to comply is expressly stated by this code to be an infraction
or unless such violation is subsequently prosecuted as an infraction
in the discretion of the city prosecutor, in which case such person
is guilty of an infraction. Any person convicted of a misdemeanor
under the provisions of this code shall be punishable by a fine of
not more than $1,000, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this code is committed, continued, or permitted by such person
and shall be punishable accordingly.
B.
Infractions.
Any person violating any provision or failing to comply with any mandatory
requirement of this code expressly stated by this code to be an infraction
shall be guilty of an infraction. Any person convicted of an infraction
shall be punishable by:
1.
A
fine not exceeding $100 for a first violation;
2.
A
fine not exceeding $200 for a second violation of the same provision
of this code within one year;
3.
A
fine not exceeding $500 for each additional violation of the same
provision of this code within one year.
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Each person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this code is committed, continued or permitted by such person and
shall be punishable accordingly.
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C.
In addition
to the penalties hereinabove provided, any condition caused or permitted
to exist in violation of any of the provisions of this code shall
be deemed a public nuisance and may be, by this city, summarily abated
as such, and every day such condition continues shall be regarded
as a new and separate offense.
D.
Any
provision of this code may be prosecuted as a misdemeanor or as an
infraction in the discretion of the city prosecutor.
E.
Violations
of the City's Local Coastal Program Local Implementation Plan.
1.
Violation
and Penalties. No person shall violate any provisions, or fail to
comply with any of the requirements, of the City's Local Coastal Program
Local Implementation Plan or any condition of any permit or license
approved pursuant to any provision of the City's Local Coastal Program
Local Implementation Plan. Any person violating any of the provisions,
or failing to comply with any of the requirements, of the City's Local
Coastal Program Local Implementation Plan or any condition of any
permit or license approved pursuant to any provision of the City's
Local Coastal Program Local Implementation Plan, to the extent allowed
by law, shall be guilty of a misdemeanor unless such violation is
subsequently prosecuted as an infraction in the discretion of the
city prosecutor, in which case such person is guilty of an infraction.
Any person convicted of a misdemeanor under the provisions of this
code shall be punishable by a fine of not more than $1,000, or by
imprisonment in the County Jail for a period not exceeding six months,
or by both such fine and imprisonment. Each such person shall be guilty
of a separate offense for each and every day during any portion of
which any violation of any provision of the City's Local Coastal Program
Local Implementation Plan is committed, continued or permitted by
such person and shall be punishable accordingly.
2.
Administrative Penalties. In addition to any criminal, civil or other legal remedy established by this code, or other law that may be pursued to address violations of the City's Local Coastal Program Local Implementation Plan (or any condition of any permit or license approved pursuant to any provision of the City's Local Coastal Program Local Implementation Plan), such violations are subject to the administrative penalty procedures of Chapter 1.10 of this code.
3.
Enforcement
Pursuant to the Coastal Act. In addition to the enforcement provisions
contained in this chapter, the provisions of Chapter 9 of Division
20 of the Public Resources Code shall also apply with respect to violations
and enforcement and the city shall have the enforcement powers described
therein. Nothing in this Code shall limit any other enforcement methods
available to the city.
4.
In
addition to the penalties hereinabove provided, any condition caused
or permitted to exist in violation of any of the provisions of the
City's Local Coastal Program Local Implementation Plan (or any condition
of any permit or license approved pursuant to any provision of the
City's Local Coastal Program Local Implementation Plan) shall be deemed
a public nuisance and may be, by this city, summarily abated as such,
and every day such condition continues shall be regarded as a new
and separate offense.
(Prior code § 1200; Ord. 205 §§ 1, 2, 1999; Ord. 453 § 4, 2019)
