A.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code, the Lemon Grove Development Code, or of any ordinance adopted by the city. Notwithstanding any provisions to the contrary, a violation of any of the provisions or requirements of this code, the Lemon Grove Development Code, or any ordinance adopted by the city shall constitute a misdemeanor; provided, however, any such violation constituting a misdemeanor may, by ordinance be made an infraction or, in the discretion of the city attorney, acting in the name of the people of the State of California, be charged and prosecuted as an infraction.
B.
Any person convicted of a misdemeanor under the provisions of this code, the Lemon Grove Development Code, or of any ordinance adopted by the city, unless provision is otherwise made, shall be punishable by a fine of not more than one thousand dollars, by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, the Lemon Grove Development Code, or any ordinance adopted by the city, unless provision is otherwise made, shall be punishable by fine only as follows:
C.
Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by:
1.
A fine not exceeding one hundred dollars for a first violation;
2.
A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year;
3.
A fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.
D.
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code, the Lemon Grove Development Code, or any ordinance adopted by the city, shall be deemed a public nuisance and may be, by the city attorney, abated as such, and each day that such condition continues shall be regarded as a new and separate offense.
E.
The city attorney, as an alternative to subsections A, B, and C of this section, may redress a violation of any state or local ordinance by civil action, including, but not limited to, restraining orders, injunctions, fines, and damages. Civil action by the city attorney may also include the following in addition to any other civil remedy allowed under the laws of the state and the United States: forfeiture of any or all permits, licenses, approvals, and privileges or benefits of any nature granted by the city.
G.
Citation for Infraction. As an alternative to misdemeanor prosecution, the city manager or his/her designee, or the chief of the fire department or his/her designee may issue a citation to the owner(s), occupant(s) or other person(s) deemed responsible for violating any provisions of the Lemon Grove Municipal Code. For purposes of this subsection, any such violation shall be classified as an "infraction," pursuant to California Government Code Section 36900, which section and the penalties prescribed are adopted and incorporated in this section.
(Ord. 190, 1991; Ord. 340 § 1, 2004)