A. Enforcement of Code. The City Council hereby declares that violations of the Code are harmful, injurious and threatening to the public health, safety and welfare. Therefore, it is the intent of the City Council that the provisions of the Code shall be enforced as provided in this Chapter or as may otherwise be provided under the Code or under the laws of the State of California.
It is the intent of the City Council to use all administrative, criminal and civil procedures legally available to enforce the provisions and requirements of this Code, to correct Code violations and to abate public nuisances arising from violations of the Code.
B. Definitions. Unless otherwise specially defined in this Section, all words, terms and phrases used in this Chapter shall have the meaning ascribed to them in Section 1.10.010 this Chapter or, if not defined therein, as otherwise may be defined in the Code. If no special definition is provided in the Code, then such words, terms and phrases shall have their common meaning.
C. Violations of the Code.
1. Misdemeanor. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of a public nuisance on property which that person owns, leases, possesses or controls is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00) per each violation or by imprisonment not exceeding six (6) months or by both such fine and imprisonment.
2. Infractions.
a. Notwithstanding the provisions of Subsection 1. hereinabove, any offense that may be cited as a misdemeanor may be reduced by the City to an infraction where the Code violation or public nuisance does not present an immediate danger, hazard or injury to the public health or safety or where the responsible party has not previously been convicted of the same or substantially similar Code violations or public nuisances within the past five (5) years.
b. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of a public nuisance on property which that person owns, leases, possesses or controls which has been reduced to an infraction by the City is punishable by a fine not exceeding one hundred dollars ($100.00) for the first violation within a five (5) year period; by a fine not exceeding two hundred dollars ($200.00) for the second violation of the same provision within the same five (5) year period; and by a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within the same five (5) year period.
3. Public Nuisance. Each and every violation of the provisions of this Code and other unlawful conditions are hereby declared to constitute a separate public nuisance which may be abated by the City through the enforcement procedures provided for in this Chapter or in any other manner provided by law for the abatement of public nuisances.
4. Aiding and Abetting. Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
D. Separate and Continuing Violations.
1. Each and every Code violation and public nuisance committed, continued or permitted by a responsible person is a separate offense severally punishable or abatable as provided in this Chapter or as may otherwise be provided for under this Code.
2. Each responsible person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any Code violation or public nuisance is committed, continued or permitted by such person and shall be punishable as provided in this Chapter or as may otherwise be provided for in this Code.
E. Procedures are Cumulative. The enforcement procedures authorized by this Chapter or as may otherwise be provided for in this Code or under the laws of the State of California are cumulative and not mutually exclusive. The City may simultaneously commence and pursue any one or more enforcement procedures against the responsible party for each Code violation or public nuisance to the fullest extent allowed by the law provided the City does not receive duplicative payment for any single Code violation or public nuisance.
F. Obligation to Pay Abatement Costs. The approved enforcement and abatement costs in an enforcement procedure against a responsible person for a Code violation or public nuisance which results in a conviction, civil judgment, injunction, abatement order or other administrative order shall constitute a personal obligation of the responsible person and may be recovered from the responsible person in said proceeding.