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Any person who violates this article may be liable for a civil penalty not to exceed $500.00 for each day such violation is committed or permitted to continue. Such penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case including, but not limited to, the following: the nature and seriousness of the violations, the number of violations, the persistence of the violations, the length of time over which the violations occurred, the willfulness of the person charged with the violations, and the assets, liabilities, and net worth of the person charged with the violations. The City Attorney also may seek recovery of the attorney's fees and costs incurred in bringing a civil action pursuant to this section.
(Added by Ord. 111-08, File No. 080529, App. 6/30/2008)
(a) Any person who violates this article shall be deemed guilty of an infraction. Every violation determined to be an infraction is punishable by: (1) a fine not exceeding $100.00 for the first violation within one year; (2) a fine not exceeding $200.00 for a second violation within one year from the date of the first violation; (3) a fine not exceeding $500.00 for the third and each additional violation within one year from the date of the first violation.
(b) When a government official authorized to enforce this article pursuant to Subsection (a) has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this article the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.
(Added by Ord. 111-08, File No. 080529, App. 6/30/2008)
In enforcing this article, the City is assuming an undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for which a breach by the City could result in the City being liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 111-08, File No. 080529, App. 6/30/2008)
If any provision of this article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.
(Added by Ord. 111-08, File No. 080529, App. 6/30/2008)