[1]
For statutory provisions authorizing cities to impose fines up to $500.00 or imprisonment up to six months, or both, see Government Code § 36901; for provisions authorizing the reduction of City ordinance violations to infractions, see Government Code § 36900.
A. 
The violation of any provision or section of this code, or any code adopted herein by reference, or the failing to comply with any mandatory requirement of an ordinance of the City, shall be an infraction or misdemeanor.
B. 
Each day, or portion of a day, that a person violates, or continues to violate a provision of the Carmel-by-the-Sea Municipal Code shall constitute a separate violation for which a person may be charged and punished separately without awaiting conviction on any prior violation.
C. 
Violations of the following provisions of this code shall be misdemeanors:
1. 
Chapters 2.20, 8.28 and 15.55 CMC regarding fire prevention;
2. 
CMC § 12.28.060 and 17.48.150 regarding trees and shrubs;
3. 
CMC Title 15 regarding buildings;
4. 
CMC Title 17 regarding zoning, except for:
a. 
Chapter 17.40 CMC regarding signs and display cases, the violation of which shall be an infraction; and
b. 
CMC § 17.08.060 relating to transient rentals, the violation of which shall be an infraction.
D. 
A pedestrian convicted of an infraction for a violation of any section of this code adopted pursuant to the California Vehicle Code shall be punished by a fine not exceeding $50.00.
E. 
In the event applicable provisions of State law specify a conflicting penalty for a violation of this code or any section of this code enacted pursuant to State law, then the State law provisions shall supersede the penalties provided for in this code for such violation.
F. 
Every person convicted of a violation of this code determined to be an infraction shall be punished as follows:
1. 
By a fine not exceeding $100.00 for each violation;
2. 
For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding $200.00 for each violation; and
3. 
For a third and any subsequent infraction occurring within one year of two or more infractions which resulted in convictions, a fine not exceeding $500.00 for each violation.
G. 
Every person convicted of a violation of this code determined to be a misdemeanor shall be punished as follows:
1. 
By a fine not exceeding $1,000; and/or
2. 
Imprisonment for a term not exceeding six months.
H. 
The City shall be entitled to recover all costs of enforcement of violations of these chapters. When applications for retroactive approval of design or use changes are filed as a remedy for violations of CMC Title 17, the design change shall be eliminated and/or the change in use terminated until final approval by the City. The applicant shall reimburse the City for all costs of enforcement related to the specific application. Costs of enforcement shall include: all personnel time and material costs involved in:
1. 
Receiving and processing the initial complaint;
2. 
Performance of investigations;
3. 
All time spent in processing the application after filing.
I. 
The City Attorney may seek legal, injunctive, or other equitable relief to enforce this code.
J. 
The penalties and civil remedies provided for in this section and in Chapter 17.52 CMC are cumulative and not exclusive.
(Ord. 78-9 § 1, 1978; Ord. 79-21 § 27, 1979; Ord. 93-14 § 1, 1993; Ord. 92-18 § 2, 1992; Ord. 93-30 § 1, 1993; Ord. 95-17 § 1 (Exh. A), 1995; Ord. 2016-05 § 1, 2016; Code 1975 § 30)