A. Interpretation. In interpreting and applying the provisions of this Title, said provisions shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
B. Penalties.
1. Any buildings or structures erected or maintained, or any use of property contrary to the provisions of this Title shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney may, upon request of the Building Official, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this Section.
2. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
3. All other provisions of the Municipal Code notwithstanding, any person violating or causing or permitting the violation of any of the provisions of this Title, or of any permit or exception granted hereunder, shall be guilty of an infraction or misdemeanor as hereinafter specified, and upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 of this Code.
Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty person reimburse the City for all of its costs for investigation, analysis and prosecution of the enforcement action against the guilty person. The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the City.
4. A Notice of Pendency of Administrative Action or Proceeding may be filed in the County Recorder's Office at the time of commencement of action or proceeding or at any time before final judgment or order. The County Clerk shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the Building Official shall cause to be recorded in the Office of the County Recorder a document terminating the above Notice.
5. In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this Title upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this Section, the City Manager may order the Building Official to demolish, remove, abate or correct the offending structure or condition. Pursuant to the procedures set forth in Chapter 1.22 of this Code, the City is entitled to recovery of all nuisance abatement costs incurred by the City under this Chapter.
[Ord. No. 568, Section 18, 5/10/17.]