Section 113-Violations. Added Sections [A] 113.3.3.1, [A] 113.4.2, [A] 113.4.3, [A] 113.4.4, [A] 113.4.5, [A] 113.4.6, [A] 113.4.7, [A] 113.4.8 to read:
[A] 113.3.3.1. Prosecution. Every violation of this code shall be a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto that the violation shall be prosecuted as an infraction.
[A] 113.4.2. Criminal or Civil Penalty for Violation; Payment of Funds to Account. Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this code in any manner authorized by this section or by any other law, including but not limited to issuance of criminal citations, referral to the District Attorney, referral to other appropriate agencies, administrative actions and civil actions.
[A] 113.4.3. Infractions/Misdemeanors. Any person who violates any of the provisions of this code, any of the provisions of any written authority of the City Manager or his or her duly authorized agents and representatives or any provision of any permit issued pursuant to this code shall be guilty of an infraction/misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed shall be a separate offense.
[A] 113.4.4. Penalty for Infraction. Each and every violation of this code, which is deemed an infraction, is punishable by:
1. | A fine not exceeding two hundred dollars ($200.00) for the first violation; |
2. | A fine not exceeding five hundred dollars (500.00) for the second violation of the same or similar provision within one year period; or |
3. | A fine not exceeding one thousand dollars ($1,000.00) for each additional violation, after the second, of the same or similar provision of this Chapter within a one year period of the first violation. |
[A] 113.4.5. Penalty for Misdemeanor. Each and every violation of this code, which is deemed a misdemeanor, is punishable by a penalty of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or, by both penalty and imprisonment.
[A] 113.4.6. Civil Penalties. Any person who intentionally, accidentally or negligently violates any provision of this code, any written authority of the fire code official or his or her duly authorized agents and representatives, or any provision of any permit issued pursuant to this code may be civilly liable to the City in the sum of not less than one hundred dollars ($100.00) but not to exceed one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues. The City may petition the municipal or superior court to impose, assess, and recover such sums. The civil penalty provided in this Section excludes inspection costs and abatement costs, is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected pursuant to this Section shall be paid to the Fire Prevention Fund.
[A] 113.4.7. Violation Penalties — Administrative Enforcement Provision. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or a of a permit or certificate used under provision of this code shall be guilty of violation of this code and fines consistent with Section [A]109.1.5 shall be assessed under the provisions and authority granted by Chapter
1.10. Administrative Enforcement Provisions, of the Manteca Municipal Code.
[A] 113.4.8. Abatement of Fire and Life Safety Hazards by Fire Code Official. If any person fails to comply with the orders of the fire code official, or if the fire code official is unable to locate the owner, operator, occupant or other person responsible within a reasonable time, the fire code official or any authorized representative may take such steps as are necessary to abate the hazard for the protection of the public safety. In no event is notice necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien on the subject property. *****