The city council of the city intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by Section 1.28.020 of this code. Any person convicted of an infraction under the provisions of this code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Riverside County Three Lakes Municipal Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
B. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by Section 1.28.020 of this code. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
C. Civil Action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, as provided by law.
D. Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 1.26.
(Ord. 207 § 1, 1999; Ord. 3 § 1 (part), 1991: prior code § 1.01.200)
Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
A. Where a judgement imposes a punishment of a fine not exceeding one hundred dollars ($100.00) in the case of a first offense;
B. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
C. When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
(Amended during 8/00 supplement; Ord. 3 § 1 (part), 1991: prior code § 1.01.220)
A. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this code shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).
(Amended during 8/00 supplement; Ord. 3 § 1 (part), 1991: prior code § 1.01.230)
The prevailing party in any action, administrative proceeding, or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover its reasonable attorneys' fees. Recovery of attorneys' fees shall be limited to those actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action or 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.
(Ord. 608-24 § 3, 2024; Ord. 299 § 1, 2004)
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