A. It shall be unlawful for any person to violate any provision or fail to comply with any requirement of this code.
B. The City intends to secure compliance with the provisions of this Code, and state codes specifically adopted by reference in the applicable Chapters of this Code. To the extent, in the City’s lawful discretion, 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.
C. Whenever this code makes any act or omission unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
D. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person, and said person may be punished and/or held responsible accordingly. Each and every day any such violations exist constitutes a separate offense.
E. Notwithstanding any other provision of this Code, and state codes specifically adopted by reference in the applicable Chapters of this Code, each violation of the provisions of this Code may be enforced alternatively as follows:
1. Criminal Enforcement: Unless otherwise specified in this Code, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, is guilty of a misdemeanor, unless the city makes a determination to prosecute as an infraction with the concurrence of the city attorney. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by this Code. Any person convicted of a misdemeanor shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, unless a greater fine is authorized in accordance with applicable laws, or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. In the alternative and in accord with this section, any person violating any of the provisions or failing to comply with any mandatory requirements of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by this code, and unless otherwise set forth in this Code, or unless greater amounts are authorized by applicable state laws, fines shall be assessed in the amounts specified in Section 2-144 of this Code. Unless otherwise specified, any person charged with an infraction shall be subject to Division 17, Chapter 2, Article 2 of the California Vehicle Code as it relates to promises to appear and the fixing of bail.
2. Civil Action: The city attorney, or an attorney hired for such purposes 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, or state codes specifically adopted by reference in the applicable Chapters of this Code, as provided by law, and/or may seek other available relief as prescribed by applicable law.
3. Nuisance Abatement: Any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this City, abated as such pursuant to Section 1-10 and/or the applicable specific provisions of this Code.
4. Administrative Citation: Upon a finding by the city official vested with the authority to enforce the various provisions of the Code, or state codes specifically adopted by reference in the applicable Chapters of this Code, that a violation exists, he or she may issue an administrative citation and proceed with enforcement pursuant to Chapter 2, Article XIV of this Code.
F. In any action, administrative proceeding, or special proceedings for abatement, the prevailing party shall be entitled to its reasonable attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys’ fees. (Ord. 1537 § B1, 8-6-1996; Ord. 1720 § 1, 5-1-2007; Ord. 1883, 5-4-2021)