(A) Each violation of this chapter shall constitute a separate offense. An owner, operator, or manager shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this subchapter is committed, continued, or permitted by such person.
(B) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter, except where expressly required by this chapter.
(C) Any immediately dangerous condition as defined in EMC § 150.152 may be summarily abated in accordance with EMC § 150.153. Actions taken to abate the immediately dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the DCO to be necessary. In the event use or occupancy is restricted, the owner, operator or manager shall discontinue said use immediately.
(D) If a hotel is operated without a lodging permit, whether through denial, revocation, or failure to obtain, the DCO shall have authority to vacate the structure and restrict occupancy after first providing the owner, operator, or manager with no less than ten days notice of said restriction.
(E) If, in attempting to obtain compliance with subsections (C) or (D) above, the DCO is denied entry to the property by its owner, operator, or manager, the DCO may, pursuant to California Code of Civil Procedure §§ 1822.50 through 1822.60, seek an inspection and abatement warrant from the Superior Court.
(G) In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. “Prevailing party” shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the City Attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. Ref. Government Code § 38773.5.
(Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999