(A) It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sub lesser, sub lessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
(1) The city shall under normal circumstances (unless there is an eminent threat to the public health, safety and welfare) give written notice and at least ten working days notice to the property owner to contact appropriate city personnel so that an abatement plan can be approved by the Community Development Director or designee prior to any further abatement actions;
(2) If such person fails to contact the city within ten days or fails to abate the property in accordance with the abatement plan, such person shall be subject to summary or administrative abatement of the nuisance by the city, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the city pursuant to the summary or administrative abatement procedures contained in this chapter or any other provisions of law;
(3) Such person shall be guilty of an infraction for each day such violation continues, and upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;
(4) Such person shall be prosecuted in a civil action, criminal action, or both brought by the city. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the city;
(5) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.
(B) Correction of any violation within ten days of the date of service of the citation, as verified by the signature of an enforcement officer on the citation, will result in the reduction of fines and fees by two-thirds for a first time violator.
(C) Pursuant to Cal. Civil Code § 2929.3, a legal owner shall maintain residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust, the city may impose a fine of up to $1,000 per day for any violation. If the city chooses to impose a fine pursuant to Cal. Civil Code § 2929.3, the Neighborhood Improvement Officer shall give notice of the alleged violation, including a description of the conditions that gave rise to the allegation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed to the address provided in the deed or other instrument as specified in Cal. Gov't Code § 27321.5(a), or, if none, to the return address provided on the deed or other instrument. In accordance with § 98.18, the property owner may request an appeal hearing for any fine imposed.
(Ord. 2008-016, passed 1-12-09)