A. This Chapter may be enforced in any manner set forth in this code, or as otherwise provided by law.
B. Any person who violates any provision of this Chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:
1. Penalty for misdemeanor violation. Any person convicted of a misdemeanor under any provision of this Chapter shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment.
2. Penalty for infraction violation. Any person convicted of an infraction under any provision of this Chapter shall be punished by:
a. A fine not exceeding one hundred dollars for a first violation;
b. A fine not exceeding two hundred dollars for a second violation of the same provision within one year; and
c. A fine not exceeding five hundred dollars for a third violation and for any additional violation of the same provision within one year.
C. Violations related to State mandated Organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof which address such obligations, shall be subject to the provisions of Chapter 1.10 of the City's municipal code related to administrative citations, modified as follows:
1. Upon determining a violation has occurred, the City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.
2. Absent compliance, the following administrative fines shall apply:
a. for a first violation - $50
b. for a second violation - $100
c. for a third or subsequent violation - $250
D. Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this Chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.
E. Attorney fees. In addition to any civil and criminal penalties as provided by the provisions of this Chapter or otherwise, the prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this Chapter shall be entitled to its reasonable attorneys' fees if: (1) the City elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Ord. 3309, 2021: Ord. 3127, § 1 (part), 2009).