A. Misdemeanors or Infractions. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city, shall be guilty of a misdemeanor, unless by ordinance said violation or failure is specifically made an infraction.
B. Misdemeanor Punishment. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
C. Infraction Punishment. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of an infraction under the ordinances of the city shall be punished by the imposition of a fine only, without any imprisonment, as follows:
1. A fine of not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within any twelve month period; or
3. A fine not exceeding five hundred dollars for each third or subsequent violation of the same ordinance within any twelve month period.
D. Each Day a Separate Offense. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, who shall be punished accordingly.
E. Public Nuisance Abatement. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by the city, and each day such condition continues shall be regarded as a new and separate offense. The remedy provided in this chapter is separate from, and in addition to, any other nuisance abatement remedy provided by ordinance or state law.
F. Notwithstanding anything to the contrary in this code, a violation of this code shall be deemed an infraction if the city attorney files a complaint in the superior court specifying that the offense is an infraction or if the city attorney makes a motion to reduce a misdemeanor charge to an infraction prior to trial on the matter. (Ord. O-2016-004 § 2, 2016; Ord. 90 19 § 2(A) and (B), 1990; prior code § 1.12.010)
The city may request, in any civil case or as a condition of probation or sentencing on any criminal conviction of such city code violation, that the defendant provide full restitution to the city for inspection and code enforcement costs.
(Ord. 2009-003, § 2 (part), 2009)
When the maintenance, condition, construction or use of any real property is such that it violates any section of this code, except for legal nonconforming structures or uses, and such violation continues past the date for attaining compliance as set forth in a written notice which the city shall provide to the owner, informing the owner of the violation, the city may do all or any of the following in addition to all other penalties or remedies available to the city:
1. Record with the county recorder a notice of violation of this code setting forth all violations relating to the real property.
2. Require the owner, as part of the application fee for any needed permit which the property owner failed to obtain before the activity or use was initiated, to pay a code enforcement cost surcharge in an amount equal to the city's costs for its code enforcement efforts.
3. Commence an abatement procedure as authorized under this code.
(Ord. 2009-003, § 2 (part), 2009)