(a) Unless otherwise provided, any person violating any provision of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified.
(b) Each day or portion thereof such violation is in existence shall be a new and separate offense.
(c) Any person so convicted shall be:
(1) Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first offense;
(2) Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second offense; or
(3) Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both.
(d) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.
(e) Payment of any fine or service of a jail sentence shall not relieve a person from the responsibility of correcting the condition resulting from the violation.
(f) In addition to the above penalties, the court may order that the guilty party reimburse the County for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the County.
(g) In addition to all other remedies provided by this Chapter or State law, in the event of continuing violation of the provisions of this Chapter, the Department may seek injunctive relief to restrain further violation.
(h) In lieu of criminal prosecution, the Department may impose a civil penalty pursuant to the provisions of Business and Professions Code § 12015.3.
(1) The civil penalty for failing to obtain a permit as required under this Chapter shall be $100.00 for a first offense;
(2) For subsequent or continued violation for failing to obtain a permit as required under this Chapter, the civil penalty shall be increased in increments of $100.00, up to a maximum of $500.00.
(Ord. 3669, passed - -1996; Am. Ord. 3984, passed - -2006)